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16-1 CHAPTER 16 Subdivisions Article 16-4 General Provisions Sec. 16-4-10 Citation Sec. 16-4-20 Policy declaration Sec. 16-4-30 Regulation of land subdivision; compliance by developer Sec. 16-4-40 Purpose of regulations Sec. 16-4-50 Applicability Sec. 16-4-60 Interpretation and application Sec. 16-4-70 Approved plat required Sec. 16-4-80 Redefined lots or building sites Sec. 16-4-90 Amendment Article 16-8 Definitions Sec. 16-8-10 Construction of language Sec. 16-8-20 Alley Sec. 16-8-30 Arterial street Sec. 16-8-40 Bicycle trail Sec. 16-8-50 Capital improvements program Sec. 16-8-60 City Sec. 16-8-70 Collector street Sec. 16-8-80 Comprehensive plan Sec. 16-8-90 Cul-de-sac Sec. 16-8-95 Development impact fees Sec. 16-8-100 Easement Sec. 16-8-110 Escrow Sec. 16-8-120 Improvements Sec. 16-8-130 Local street Sec. 16-8-140 Lot Sec. 16-8-150 Lot, double frontage Sec. 16-8-160 Model home Sec. 16-8-170 Park and recreation improvement fund Sec. 16-8-180 Performance bond Sec. 16-8-190 Planned unit development Sec. 16-8-200 Plat Sec. 16-8-210 Residential high density Sec. 16-8-220 Residential low density Sec. 16-8-230 Residential medium density Sec. 16-8-240 Right-of-way, public Sec. 16-8-250 Street Sec. 16-8-260 Subdivider Sec. 16-8-270 Subdivision Sec. 16-8-280 Subdivision, major Sec. 16-8-290 Subdivision, minor Article 16-12 Procedures Sec. 16-12-10 Classification of subdivisions Sec. 16-12-20 Preapplication conference; vicinity sketch plan Sec. 16-12-30 Preliminary plat required Sec. 16-12-40 Copies for agency review ---PAGE BREAK--- 16-2 Sec. 16-12-50 Hearing on plat Sec. 16-12-60 Action by Planning Commission Sec. 16-12-70 Field inspection Sec. 16-12-80 Request for review by City Council Sec. 16-12-90 Preparation of preliminary plat Sec. 16-12-100 Contents of preliminary plat Sec. 16-12-110 Material accompanying plat Sec. 16-12-120 Preliminary plat duration Sec. 16-12-130 Conformance required Sec. 16-12-140 Procedure for early construction of model homes Sec. 16-12-150 Final plat required when Sec. 16-12-160 Copies to City Planner Sec. 16-12-170 Review by Planning Commission Sec. 16-12-180 Hearing on final plat Sec. 16-12-190 Submission to City Council Sec. 16-12-200 Action by City Council Sec. 16-12-210 Recordation of final plat Sec. 16-12-220 Preparation of final plat Sec. 16-12-230 Contents of final plat Sec. 16-12-240 Material accompanying final plat Sec. 16-12-250 Subdivision agreement and performance bond Sec. 16-12-260 Alternative procedures for reviewing subdivision plats Article 16-16 Design Standards Sec. 16-16-10 Generally Sec. 16-16-20 Site considerations Sec. 16-16-30 Streets; conformance required Sec. 16-16-40 Property street access and frontage requirements Sec. 16-16-50 Local streets Sec. 16-16-60 Integration of streets with existing systems Sec. 16-16-70 Boundary extensions of streets Sec. 16-16-80 Perimeter half-streets Sec. 16-16-90 Streets in commercial and industrial developments Sec. 16-16-100 Access to arterial streets Sec. 16-16-110 Bicycle trails Sec. 16-16-120 Intersections Sec. 16-16-130 Dimensional standards for street layout Sec. 16-16-140 Street names and numbers Sec. 16-16-150 Alleys Sec. 16-16-160 Utility easements Sec. 16-16-170 Stormwater easements Sec. 16-16-180 Blocks Sec. 16-16-190 Lot arrangement Sec. 16-16-200 Lot dimensions Sec. 16-16-210 Double frontage and reversed frontage lots Sec. 16-16-220 Access to lots Sec. 16-16-230 Drainage for lots Article 16-18 Commercial Design Standards Division 1 General Provisions Sec. 16-18-10 Title; citation Sec. 16-18-20 Purpose Sec. 16-18-30 Applicability ---PAGE BREAK--- 16-3 Sec. 16-18-40 Conflicting provisions and relationship with other regulations Division 2 Commercial Site Planning and Site Design Standards Sec. 16-18-110 Site planning Sec. 16-18-120 Vehicular and pedestrian circulation Sec. 16-18-130 Parking Sec. 16-18-140 Public transportation facilities Sec. 16-18-150 Signage Sec. 16-18-160 Exterior lighting Sec. 16-18-170 Landscaping Sec. 16-18-180 Walls and fencing Division 3 Commercial Building Design Sec. 16-18-210 Architectural design Article 16-20 Improvements Sec. 16-20-10 Approval required Sec. 16-20-20 Surface improvements Sec. 16-20-30 Utilities Sec. 16-20-40 Underground utilities and other improvements Sec. 16-20-50 Finished plans required for acceptance of improvements Sec. 16-20-60 Release of performance bond Sec. 16-20-70 Extended guarantee Article 16-24 Public Dedications and Reservations Sec. 16-24-10 Dedication of rights-of-way Sec. 16-24-20 Local parks and open space Sec. 16-24-30 Community parks and open space Sec. 16-24-40 Exemption to parkland dedication requirements; infill development Sec. 16-24-50 Park development fee Sec. 16-24-60 Private outdoor recreation and open space Sec. 16-24-70 Density bonus for bicycle and pedestrian paths Sec. 16-24-80 Fair contribution for public school sites Article 16-28 Fees Sec. 16-28-10 Schedule of fees Article 16-32 Variances Sec. 16-32-10 Generally Sec. 16-32-20 Planned unit development variances Article 16-36 Penalties and Civil Remedies Sec. 16-36-10 Violations, penalties and other actions ---PAGE BREAK--- 16-4 ARTICLE 16-4 General Provisions Sec. 16-4-10. Citation. These regulations shall be known and may be cited as the "Subdivision Regulations of the City of Brighton." (Ord. 1008 1979) Sec. 16-4-20. Policy declaration. It is hereby declared to be the policy of the City to consider the subdivision of land and the subsequent development of the subdivided plat as subject to the control of the City pursuant to the comprehensive plan for the orderly, planned, efficient and economical development of the City. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace. Land shall not be subdivided until proper provision has been made for drainage, water, sewage and capital improvements-such as schools, parks, recreation facilities, transportation facilities and improvements. The existing and proposed public improvements shall conform to and be properly related to the proposals shown in the comprehensive plan, and the capital improvements program of the City. It is intended that these regulations shall supplement and facilitate the enforcement of the provisions and standards contained in building and housing codes, the zoning ordinance, the comprehensive plan and the capital improvements program of the City. (Ord. 1008 1979) Sec. 16-4-30. Regulation of land subdivision; compliance by developer. Regulation of the subdivision of land and the attachment of reasonable conditions to land subdivision is an exercise of valid police power delegated by the State to the City. The developer has the duty of compliance with reasonable conditions laid down by the Planning Commission and the City Council for design, dedication, improvement and restrictive use of the land so as to conform to the physical and economical development of the City and to the safety and general welfare of the future lot owners in the subdivision and to the community at large. (Ord. 1008 1979) Sec. 16-4-40. Purpose of regulations. These regulations are designed and enacted for the following purposes: To protect and provide for the public health, safety and general welfare of the City; To guide the future growth and development of the City in accordance with the comprehensive plan; To provide for adequate light, air and privacy, to secure safety from fire, flood and other danger, and to prevent overcrowding of the land and undue congestion of population; ---PAGE BREAK--- 16-5 To protect and conserve the value of land throughout the City and the value of buildings and improvements upon the land; To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the City, and the pedestrian and bicycle traffic movements appropriate to the various uses of land and buildings; To establish reasonable standards of design and procedures for subdivisions and resubdivisions, in order to further the orderly layout and use of the land; To insure that public facilities are available and will have a sufficient capacity to serve the proposed subdivision, and to provide for open spaces through the most efficient design and layout of the land; and To prevent the pollution of air, streams and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the wise use and management of natural resources throughout the City in order to preserve the integrity, stability and beauty of the community. (Ord. 1008 1979) Sec. 16-4-50. Applicability. These regulations are applicable within the following described areas: All land located within the legal boundaries of the City; All land located within three miles of the corporate limits of the City and not located in any other municipality for the purposes of control with reference to the street element of the comprehensive plan of the City; Land in process of annexation. (Ord. 1008 1979) Sec. 16-4-60. Interpretation and application. In the interpretation and application of the provisions of these regulations, the following provisions shall govern: In their interpretation and application, the provisions of these regulations shall be regarded as the minimum requirement for the protection of the public health, safety, comfort, morals, convenience, prosperity and welfare. These regulations shall therefore be regarded as remedial and shall be liberally construed to further its underlying purposes. Whenever the requirements of these regulations are at variance with the requirements of any other lawfully adopted rules, regulations, building codes, fire codes or ordinances, the more restrictive, or that imposing the higher standards, shall govern. These regulations are not intended to abrogate or annul any permits, easements or covenants issued before the effective date of these regulations. (Ord. 1008 1979) ---PAGE BREAK--- 16-6 Sec. 16-4-70. Approved plat required. Whoever divides or participates in the division of a lot, tract or parcel of land into two or more lots, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development, whether residential, commercial, industrial or any other use shall make the transaction subject to the provisions of these regulations and a plat therefore must be submitted to and accepted by the City according to the terms as set forth in this Chapter. The terms shall also include and refer to any division of land previously subdivided or platted. No plat of a subdivision of land shall be used for purposes of sale or building development or filed and recorded until approved by the Planning Commission and the City Council with such approval entered in writing on the plat and signed by the Mayor and attested by the City Clerk. No building shall be erected on any lot, nor shall a building permit be issued for a building unless the street giving access to the lot upon which such building is proposed to be placed shall have been dedicated and approved by the City as a part of an official subdivision. (Ord. 1008 1979) Sec. 16-4-80. Redefined lots or building sites. A portion of a given lot or building site may be conveyed with an adjacent platted lot, provided that the portion conveyed consists of a strip of land defined by a line parallel to and a given distance from the subject lot, and provided that no additional lot or building site is created. All lots or building sites so redefined shall comply with the minimum standards of the zoning ordinance. An applicant for a building permit for a redefined lot or building site shall submit a site plan including the adjacent lots or building sites involved in the redefinition. (Ord. 1008 1979) Sec. 16-4-90. Amendment. The City Council may amend the requirements of these regulations after giving public notice of any such proposed amendment and after holding a public hearing thereon. (Ord. 1008 1979) ARTICLE 16-8 Definitions Sec. 16-8-10. Construction of language. The particular controls the general. The word shall is always mandatory and not directory. The word may is permissive. Words used in the present tense include the future, unless the context clearly indicates the contrary. Words used in the singular number include the plural, and words used in the plural number include the singular, unless the context clearly indicates the contrary. (Ord. 1008 1979) ---PAGE BREAK--- 16-7 Sec. 16-8-20. Alley. Alley means a minor right-of-way dedicated to public use, which gives a secondary means of vehicular access to the back or side of properties otherwise abutting a street and which may be used for public utility purposes. (Ord. 1008 §6(B)(part), 1979) Sec. 16-8-30. Arterial street. Arterial street means any street serving major traffic movements which is designed primarily as a traffic carrier between cities or between various sections of the City, which forms part of a network of through streets, and which provides service and access to abutting properties only as a secondary function. (Ord. 1008 §6(B)(part), 1979) Sec. 16-8-40. Bicycle trail. Bicycle trail means a separate trail or path upon which motor vehicles are prohibited and which is for the exclusive use of bicycles or the shared use of bicycles and pedestrians. Where such trail or path forms a part of a highway, it is separated from the roadway for motor vehicles traffic by open space or barrier. (Ord. 1008 §6(B)(part), 1979) Sec. 16-8-50. Capital improvements program. Capital improvements program means a proposed schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project. All major projects requiring the expenditure of public funds, over and above the annual local government's operating expense, for the purchase, construction or replacement of the physical assets for the community are included. (Ord. 1008 §6(B)(part), 1979) Sec. 16-6-60. City. As used in these regulations, City refers to the City Council, with the Planning Commission as the advisory body. (Ord. 1008 §6(B)(part), 1979) Sec. 16-8-70. Collector street. Collector street means any street designed primarily to gather traffic from local streets and carry it to the arterial system. (Ord. 1008 §6(B)(part), 1979) Sec. 16-8-80. Comprehensive plan. Comprehensive plan means the comprehensive plan for the City which has been officially adopted to provide long-range development policies for the City and which includes, among other things, the plan for land use, circulation and public facilities. (Ord. 1008 §6(B)(part), 1979) Sec. 16-8-90. Cul-de-sac. Cul-de-sac means a local street having one end open to vehicular traffic and having one end closed and terminated by a turnaround. (Ord. 1008 §6(B)(part), 1979) ---PAGE BREAK--- 16-8 Sec. 16-8-95. Development impact fees. Development impact fees means moneys paid by subdividers as part of the City's land use development application review and approval process, and in connection with the construction of new developments by subdividers thereafter, and includes, without limitation, all fees and charges paid by subdividers to the City in connection with or in consideration of new residential, commercial, industrial or other development requiring the subdivision of land or the construction of infrastructure or other improvements within the City, including but not limited to fees, charges or cash-in-lieu payments for acquisition of park land and trails, park and trails improvements or park and trails development; open space acquisition and preservation; traffic infrastructure, transit infrastructure, signalization and other traffic-related improvements; bridges and crossings; water and sewer infrastructure, treatment facilities and other related improvements; water acquisition and storage facilities; drainage infrastructure and other related improvements; and such other and similar fees and charges adopted by the City Council from time to time, whether by ordinance, annual fee resolution or otherwise, provided that such fees and charges are reasonably related to the impacts resulting from new developments or subdivisions of land within the City and the construction of infrastructure and other improvements related thereto. (Ord. 1715 2001) Sec. 16-8-100. Easement. Easement means authorization by a property owner for the use by the public, a corporation or persons, of any designated part of his or her property for specific purposes. (Ord. 1008 §6(B)(part), 1979) Sec. 16-8-110. Escrow. Escrow means a deposit of cash with the local government in lieu of an amount required and still in force on a performance or maintenance bond. Such escrowed funds shall be deposited in a separate account. (Ord. 1008 §6(B)(part), 1979) Sec. 16-8-120. Improvements. Improvements means all facilities constructed or erected by a subdivider within a subdivision to permit and facilitate the use of lots or blocks for a residential, commercial or industrial purpose. (Ord. 1008 §6(B)(part), 1979) Sec. 16-8-130. Local street. Local street means any street designated primarily to provide access to abutting property. (Ord. 1008 §6(B)(part), 1979) Sec. 16-8-140. Lot. Lot means a tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development. (Ord. 1008 §6(B)(part), 1979) ---PAGE BREAK--- 16-9 Sec. 16-8-150. Lot, double frontage. Double frontage lot means a lot which runs through a block from street to street and which has two nonintersecting sides abutting on two or more streets. (Ord. 1008 §6(B)(part), 1979) Sec. 16-8-160. Model home. Model home means a dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision. (Ord. 1008 §6(B)(part), 1979) Sec. 16-8-170. Park and recreation improvement fund. Park and recreation improvement fund means a special fund established by the City Council to retain moneys contributed by subdividers in accordance with the cash in lieu of land provisions of these regulations. (Ord. 1008 §6(B)(part), 1979) Sec. 16-8-180. Performance bond. Performance bond means any form of security including a cash deposit surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the City Council. (Ord. 1008 §6(B)(part), 1979) Sec. 16-8-190. Planned unit development. Planned unit development means a project of a single owner or a group of owners acting jointly, involving a related group of residences, businesses or industries and associated uses, planned as a single entity and therefore subject to development and regulation as one land use unit rather than as an aggregation of individual buildings located on separate lots. The planned unit development includes usable, functional, open space for the mutual benefit of the entire tract and is designed to provide variety and diversity through the variance of normal zoning and subdivision standards so that maximum long range benefits can be gained and the unique features of the development or site are preserved and enhanced, while still being in harmony with the surrounding neighborhood. Approval of a planned unit development does not eliminate the requirements of subdividing. (Ord..1008 §6(B)(part), 1979) Sec. 16-8-200. Plat. Plat means a subdivision as it is represented as a formal document by drawings and writing. (Ord. 1008 §6(B)(part), 1979) Sec. 16-8-210. Residential high density. Residential high density means those residential areas or zoning districts in which the average density is equal or greater than ten (10) units per acre. (Ord. 1008 §6(B)(part), 1979) ---PAGE BREAK--- 16-10 Sec. 16-8-220. Residential low density. Residential low density means those residential areas or zoning districts in which the average density is equal or less than five units per acre. (Ord. 1008 §6(B)(part), 1979) Sec. 16-8-230. Residential medium density. Residential medium density means those residential or zoning districts in which the average density is between five and ten (10) units per acre. (Ord. 1008 §6(B)(part), 1979) Sec. 16-8-240. Right-of-way, public. Public right-of-way means all streets, roadways, bikeways, sidewalks, alleys and all other areas reserved for present or future use by the public, as matter of right, for the purpose of vehicular or pedestrian travel. (Ord. 1008 §6(B)(part), 1979) Sec. 16-8-250. Street. Street means the entire width between the boundary lines of every way which provides for public use for the purpose of vehicular and pedestrian traffic and including the terms road, highway, land, place, avenue or other similar designations. (Ord. 1008 §6(B) (part), 1979) Sec. 16-8-260. Subdivider. Subdivider or developer means any person, partnership, joint venture, association or corporation who shall participate as owner, promoter, developer or sales agent in the planning, platting, development, promotion, sale or lease of a subdivision. (Ord. 1008 §6(B)(part), 1979) Sec. 16-8-270. Subdivision. Subdivision means the division of a lot, tract or parcel of land into two or more lots, plats, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development, whether residential, industrial, office, business or other use. The term shall also include and refer to any division of land previously subdivided or platted. (Ord. 1008 §6(B)(part), 1979) Sec. 16-8-280. Subdivision, major. Major subdivision means all subdivisions not classified as minor subdivisions, including but not limited to subdivisions of four or more lots, or any size subdivision requiring any new street or extension of municipal facilities, or the creation of any public improvements. (Ord. 1008 §6(B)(part), 1979) Sec. 16-8-290. Subdivision, minor. Minor subdivision means any subdivision containing not more than three lots fronting on an existing street, not involving any new street or road, the extension of municipal facilities or the creation of any public improvements, and not adversely affecting the remainder of the parcel or ---PAGE BREAK--- 16-11 adjoining property, and not in conflict with any provision or portion of the comprehensive plan, zoning ordinance or these regulations. (Ord. 1008 §6(B)(part), 1979) ARTICLE 16-12 Procedures Sec. 16-12-10. Classification of subdivisions. Whenever any subdivision of land is proposed, it shall be classified as a minor subdivision or a major subdivision according to the following definitions: Minor Subdivision. Any subdivision containing not more than three lots or building sites fronting on an existing street, not involving any new street or road, or the extension of municipal facilities or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the comprehensive plan, zoning ordinance or these regulations. Major Subdivision. All subdivisions not classified as minor subdivisions, including but not limited to subdivisions of four or more lots or building sites, or any size subdivision requiring any new street or extension of municipal facilities, or the creation of any public improvements. There are two procedural steps for approval of a minor subdivision and three steps for approval of a major subdivision: Minor subdivision: a. Vicinity sketch plan, b. Final subdivision plat. Major subdivision: a. Vicinity sketch plan, b. Preliminary plat, c. Final subdivision plat. (Ord. 1008 1979) Sec. 16-12-20. Preapplication conference; vicinity sketch plan. Prior to preparing a preliminary plat for presentation to the Planning Commission, the subdivider shall make known his or her intentions to the City Planner to discuss any development plans or standards that may affect the proposed subdivision. At this time, a vicinity sketch map shall be submitted and shall be prepared at a scale of one inch equals two hundred (200) feet, extending at least one-quarter mile beyond the proposed subdivision. The sketch plan shall include existing and proposed streets and highways, natural drainage courses and similar major natural or manmade ---PAGE BREAK--- 16-12 features of the area. Existing trees shall be shown on the plan for the site to be subdivided. In addition, existing and proposed major uses for residential, commercial, industrial and public purposes shall be shown on the map. This sketch plan must be presented at least fifteen (15) days prior to submission of the preliminary plat. After review of the sketch plan by all applicable City departments, the subdivider shall be furnished written comments concerning the feasibility and design of the proposed subdivision. No action is required of the Planning Commission or the City Council. (Ord. 1008 1979) Sec. 16-12-30. Preliminary plat required. After the subdivider has reached preliminary conclusions concerning the feasibility and design of the proposed subdivision, a preliminary plat shall be prepared for presentation to the Planning Commission. The preliminary plat shall be processed according to procedures set out in Sections 16- 12-40 through 16-12-140. (Ord. 1008 §2(C)(part), 1979) Sec. 16-12-40. Copies for agency review. Fifteen (15) copies of the preliminary plat and required supplemental material shall be presented to the City Planner at least thirty (30) days prior to a regular Planning Commission meeting. If the plat is in compliance with these regulations, the City Planner will furnish the appropriate agencies with a copy for their review and comments. The agencies shall have twenty (20) days from the date they receive the plat to review and return it to the City Planning Department. Failure to return the plat or otherwise notify the City Planner shall constitute approval by the agency. (Ord. 1008 1979) Sec. 16-12-50. Hearing on plat. In accordance with state statutes, the Planning Commission shall hold a hearing on the preliminary plat. Notice of the hearing shall be sent by certified mail to the owners of the property to be subdivided and similar notice shall be sent to immediately adjacent property owners at least five days prior to the date fixed therefor. Such notice shall be for information purposes, but failure of any adjacent property owner to receive such notice shall not affect the validity of the hearing. Every preliminary plat shall contain the name and address of the applicant to whom notice of the hearing shall be sent. The applicant shall submit to the Planning Department the names and addresses of owners of immediately adjacent property. (Ord. 1008 1979; Ord. 1589, 1999) Sec. 16-12-60. Action by Planning Commission. Within thirty (30) days following the review of the plat by the Planning Commission, the Planning Commission shall approve, disapprove or approve the preliminary plat with modifications. Failure to act on the preliminary plat within thirty (30) days shall constitute approval unless the subdivider consents to an extension of such period. If the plat is disapproved, the reasons shall be noted in writing, and, if possible, recommendations made whereby the plat might gain approval. (Ord. 1008 1979) ---PAGE BREAK--- 16-13 Sec. 16-12-70. Field inspection. After the regular Planning Commission meeting at which the subdivision is first discussed, the Planning Commission may schedule a field trip to the site of the proposed subdivision, accompanied by the applicant or his or her representative. In order to facilitate field inspection and review of the site of the proposed subdivision, temporary staking along the centerline of all proposed streets in the subdivision may be required of the applicant. (Ord. 1008 1979) Sec. 16-12-80. Request for review by City Council. Within fifteen (15) days after a preliminary plat is disapproved or approved with modifications by the Planning Commission, the subdivider, the City staff or any agency having an official interest may request in writing a review before the City Council. (Ord. 1008 1979) Sec. 16-12-90. Preparation of preliminary plat. The preliminary plat shall be prepared as follows: The design shall be in accord with the subdivider's plans for actual development, and, therefore, shall be a true representation of the subdivision which may eventually be recorded. The drawing shall be made at a scale of one inch equals one hundred (100) feet or a larger scale if greater detail is required. A smaller scale, not to exceed one inch equals two hundred (200) feet, may be used if the majority of the lots shown are over one acre in size. A map of twenty-four (24) inches by thirty-six (36) inches is preferred. (Ord. 1008 1979) Sec. 16-12-100. Contents of preliminary plat. The preliminary plat shall contain the following information: Proposed name of the subdivision; Location and boundaries of the subdivision as a part of some larger subdivision or tract of land; Names and addresses of the subdivider, the designer and surveyor (who shall be licensed by the Colorado State Board of Registration for Professional Engineers and Land Surveyors); Date of preparation, scale and north sign (designated as true north); Total acreage of the subdivision; Location and principal dimensions for all existing streets (including their names), alleys, easements, watercourses and other important features within and adjacent to the tract to be subdivided; ---PAGE BREAK--- 16-14 Location and principal dimensions for all proposed streets (including their names), alleys, easements, lot lines and areas to be reserved or dedicated for parks; schools or other public uses; Proposed location of bicycle rights-of-way; Topography at two-foot contour intervals referenced to USGS datum; (10) Designation of areas subject to inundation and perpetual drainage easements and specific designation of areas subject to five-hundred-year and one-hundred-year floods and the volume of water during such floods; (11) Drainage plan; (12) Geological stability information shall be furnished upon request of the City Engineer; (13) Site data, including the number of residential lots and typical lot sizes; (14) Proposed sites, if any, for multiple-family residential use, commercial areas, industrial areas, churches and other nonpublic uses exclusive of one-family residential uses; (15) Landscaping plans, when appropriate; (16) The names of abutting subdivisions or the names of owners of abutting, unplatted property; (17) The location and size of existing utilities within or adjacent to the tract, including water, sewer, electricity and gas (may be placed on a separate plat); (18) Proposed private and public utility system, including water, sewer, electricity and gas (may be placed on a separate plat); and (19) The location of all existing buildings that are to be retained on the site. (Ord. 1008 1979) Sec. 16-l2-110. Material accompanying plat. The preliminary plat shall be accompanied by the following: Such additional preliminary information as may be requested by the Planning Commission or City staff, in order to adequately evaluate proposed utility systems, surface improvements or other construction projects contemplated within the area to be subdivided. Application for rezoning, if required for the development of the subdivision. (Ord. 1008 1979) ---PAGE BREAK--- 16-15 Sec. 16-12-120. Preliminary plat duration. Approval of the preliminary plat shall be valid for no longer than one year. A one-year extension of time may be applied for in writing to the Planning Commission. All or any portion of an approved preliminary plat may be submitted for final plat purposes. In the case of partial submission, the approval of the remaining portion of the preliminary plat shall automatically gain an extension of one year before another phase of the plat must be submitted in final form. (Ord. 1008 1979) Sec. 16-12-130. Conformance required. Every plat shall conform to the existing zoning ordinance and subdivision regulations applicable at the time of final approval, except that any plan which has received preliminary approval shall be exempt from any subsequent amendments to the zoning ordinance rendering the plat nonconforming as to bulk or use, provided that final approval is obtained within the one-year period. (Ord. 1008 §2(C)(10), 1979) Sec. 16-12-140. Procedure for early construction of model homes. For the purpose of allowing the early construction of model homes in a subdivision, the Planning Commission at its discretion may permit a portion of a major subdivision involving no more than three lots to be created in accordance with the procedures for minor subdivisions, provided that such portion derives access from an existing street or highway, and provided that no future road or other improvement is anticipated where such lots are proposed. The final subdivision plat for the minor portion shall be submitted to the Planning Commission simultaneously with the preliminary plat for the entire major subdivision. (Ord 1008 §2(C)(11), 1979) Sec. 16-12-150. Final plat required when. Not more than twelve (12) months after the subdivider has received approval of the preliminary plat for a major subdivision or is notified by the City Planner as to the feasibility of a minor subdivision, the final plat shall be submitted. Only that part of the preliminary plat which is proposed by the developer for immediate recording must be submitted in its final form. The final plat may reflect the entire preliminary plat or any logical part thereof. The final plat shall be processed according to procedures set out in Sections 16-12-160 through 16-12-240. (Ord. 1008 §2(D)(part), 1979) Sec. 16-12-160. Copies to City Planner. Six copies of the final plat and the required supplemental material shall be presented to the City Planner at least ten (10) days prior to a regular Planning Commission meeting. (Ord. 1008 1979) Sec. 16-12-170. Review by Planning Commission. After reviewing the final plat to assure its acceptability, the City Planner shall present the plat to the Planning Commission for review. (Ord. 1008 1979) ---PAGE BREAK--- 16-16 Sec. 16-12-180. Hearing on final plat. The Planning Commission shall hold a hearing on the final plat in the manner set forth in this Section. Notice of hearing shall be sent by certified mail to the owners of the property to be subdivided and a similar notice shall be sent to immediately adjacent property owners. Such notice shall be mailed at least five days prior to the date fixed therefor and shall contain the time and place for the hearing and shall set forth the matter to be considered. Such notice shall be for informational purposes, but failure of any adjacent property owner to receive such notice shall not affect the validity of the hearing. Every final plat shall contain the name and address of the applicant to whom notice of the hearing shall be sent. The applicant shall submit to the Planning Department the names and addresses of the owners of immediately adjacent property. (Ord. 1008 1979; Ord. 1589, 1999) Sec. 16-12-190. Submission to City Council. After reviewing the final plat, the Planning Commission shall submit it together with the Commission's recommendations in writing to the City Council for final action. (Ord. 1008 1979) Sec. 16-12-200. Action by City Council. Upon receipt of the plat and recommendations of the Planning Commission, the City Council shall approve, disapprove or refer the plat back to the Planning Commission for further study. If the plat is disapproved or referred, the reasons shall be stated in writing and a copy of the reasons furnished to the subdivider within thirty (30) days of presentation to the City Council. (Ord. 1008 1979) Sec. 16-12-210. Recordation of final plat. Following acceptance of the final plat by the City Council, the plat shall be signed by the Mayor and attested by the City Clerk. The City Clerk shall then record the plat in the office of the applicable county clerk and recorder. The subdivider shall furnish the required copies for plat recording and shall pay all recording fees. (Ord. 1008 1979) Sec. 16-12-220. Preparation of final plat. The final plat shall be prepared as follows: The design shall conform to the preliminary plat if applicable, as conditionally approved, except that the final plat may constitute only that portion of the approved preliminary plat which is proposed for immediate recording. The drawing shall be made at a scale of one inch equals one hundred (100) feet, by the use of India ink or other equally substantial solution, on a reproducible medium with outer dimensions of eighteen (18) inches by twenty-four (24) inches. Maps of two or more sheets shall be referenced to an index map placed on the first sheet. (Ord. 1008 1979) ---PAGE BREAK--- 16-17 Sec. 16-12-230. Contents of final plat. The final plat shall contain the following information: The proposed name of the subdivision under which it is to be recorded; Scale, north sign and date; Legal description of the property; A complete description of primary control points (monuments) approved by the City Engineer to which all dimensions, angles, bearings and similar data on the plat shall be referred. These primary control points shall be determined prior to final approval; also, the monuments and ties to monuments shall actually exist in the field before final approval; Names of all adjoining subdivisions with dotted lines of abutting lots. If the adjoining land is unplatted, it should be shown as such; Filing boundary lines, right-of-way lines of streets, street centerlines, easements and other rights-of-way, drainage channels, and property lines of residential lots and other sites, with accurate dimensions, and bearings of curved data; Names and right-of-way widths for each street or other right-of-way; Location, dimensions and purposes of any easements and public use areas; Number to identify each lot or site, and each block; (10) State of land ownership by the subdivider, and certification of Chapter; (11) Statement of owner dedicating streets, rights-of-way and any sites for public uses. Holders of encumbrances on the property to be subdivided shall consent thereto or issue a partial release to such dedicated streets, rights-of-way and public streets. Areas reserved for future public acquisition shall be defined in the subdivision agreement; (12) A current certificate by an attorney practicing law in the State, or a current title insurance commitment issued by a title insurance company authorized to do business in the State, that the person dedicating to the public, the public ways and areas shown on the final plat are the owners thereof in fee simple, free and clear of all liens and encumbrances; (13) Signature and seal of the registered land surveyor certifying accuracy of survey and plat; (14) Certification for approval by the Planning Commission and by the City Council. (Ord. 1008 1979; Ord. 1589, 1999) Sec. 16-12-240. Material accompanying final plat. The final plat shall be accompanied by the following: ---PAGE BREAK--- 16-18 A computer check of the closure of all boundary lines to one part in ten thousand (10,000) parts; Complete engineering plans and specifications for all public facilities to be installed, i.e., water and sewer, utilities, streets and related improvements, bridges, parks and storm drainage plans and facilities; Agreements made with ditch companies when needed. (Ord. 1008 1979) Sec. 16-12-250. Subdivision agreement and performance bond. Before the City Council shall accept and approve a final plat, the subdivider shall have entered into a written subdivision agreement with the City wherein the subdivider shall agree to make and install, within the period of time determined to be necessary by the City and shall have provided a bond with sufficient sureties, a letter of credit, or an agreement for the benefit of the City, guaranteeing the faithful performance of the covenants made or shall have deposited sufficient funds in escrow with the City to cover the cost of such improvements, as such cost is determined by the City Engineer. Such bond, letters of credit, agreement or escrowed funds guaranteeing the performance of the subdivider's or owner's covenants shall be in an amount of at least equal to one hundred ten percent (110%) of the cost of performing the covenants made. The agreement shall further provide that no building permit or certificate of occupancy shall be issued if the agreement is in default. Such subdivision agreement shall also include any other provisions which the City deems necessary to protect the public's health, safety and welfare. (Ord. 1008 1979) Sec. 16-12-260. Alternative procedures for reviewing subdivision plats. For the purpose of streamlining the subdivision procedure and providing greater efficiency from an administration standpoint, a preliminary subdivision plat and a final subdivision plat may, at the subdivider's option, be processed simultaneously, provided that all requirements pertaining to each procedure are complied with. The intent of this provision is to allow City staff to review the preliminary subdivision plat through preapplication and post-application conferences, then present the matter to the Planning Commission and City Council as a final subdivision plat. In addition, a preliminary subdivision plat and/or a final subdivision plat may be processed during the procedure for other types of land development authorization which requires Planning Commission and City Council review, provided that all requirements pertaining to each procedure are complied with. Detailed requirements for integrating the procedures shall be contained in a separate administrative publication prepared and maintained by City staff. (Ord. 1089 1982) ARTICLE 16-16 Design Standards Sec. 16-16-10. Generally. The character and environment of the City for future years will be greatly affected by the design of subdivisions and the plats that are approved by the City. Planning, layout and design of a subdivision are of the utmost concern. The residents must have available to them within the area safe ---PAGE BREAK--- 16-19 and convenient movement to points of destination or collection. Modes of travel to achieve this objective should not conflict with each other or with abutting land uses. Lots and blocks should provide desirable settings for the buildings that are to be constructed, make use of natural contours and protect the view, afford privacy for the residents and protection from adverse noise and vehicular traffic. Natural features and vegetation of the area must be preserved if at all possible. Schools, parks, churches and other community facilities should be planned as an integral part of the area. In order to meet the above objectives, the City encourages innovative subdivision design. (Ord. 1008 §4(part), 1979) Sec. 16-16-20. Site considerations. Land which the City finds to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements or other features which will reasonably be harmful to the safety, health and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas, shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the City to solve the problems created by the unsuitable land conditions. If the problem cannot be suitably corrected, such land shall be set aside for uses which shall not involve a danger or a harmful situation. Where a residential subdivision borders a railroad right-of-way, freeway or arterial street, design thereof shall include adequate provisions for the reduction of noise. A parallel street, a landscaped buffer area or lots with increased setbacks shall be required. (Ord. 1008 1979) Sec. 16-16-30. Streets; conformance required. Streets shall conform to the street element of the comprehensive plan of the City. (Ord. 1008 1979) Sec. 16-16-40. Property street access and frontage requirements. No subdivision shall be approved unless the area to be subdivided shall have frontage on and access from an existing street or a street shown upon a plat approved by the Planning Commission and City Council and recorded in the County Clerk and Recorder's office. Wherever the area to be subdivided is to utilize existing frontage, such road shall be suitably improved as specified in these regulations. (Ord. 1008 1979) Sec. 16-16-50. Local streets. Local streets shall be laid out to conform as much as possible to the topography, to discourage use by through traffic, to permit efficient drainage and utility systems, and to require the minimum number of streets necessary to provide convenient and safe access to property. Local streets shall be curved wherever possible to avoid uniformity of lot appearance. The rigid rectangular gridiron street pattern need not necessarily be adhered to, and the use of curvilinear streets, cul-de-sacs or U-shaped streets shall be encouraged where such use will result in a more desirable layout. All streets shall be arranged so as to obtain as many as possible of the building sites at, or above, the grades of the streets. A combination of steep grades and curves shall be avoided. (Ord. 1008 1979) ---PAGE BREAK--- 16-20 Sec. 16-16-60. Integration of streets with existing systems. All streets shall be properly integrated with the existing and proposed system of thoroughfares and dedicated rights-of-way and be properly related to special traffic generators such as industries, business districts, schools, recreation areas, churches and shopping centers; to population densities; and the pattern of existing and proposed land uses. (Ord. 1008 1979) Sec. 16-16-70. Boundary extensions of streets. Proposed streets shall be extended to the boundary line of the tract to be subdivided, unless prevented by topography or other physical conditions, or unless in the opinion of the City, such extension is not necessary or desirable for the coordination of the layout of the subdivision with the existing layout or the most advantageous future development of adjacent tracts. (Ord. 1008 1979) Sec. 16-16-80. Perimeter half-streets. Street systems in new subdivisions shall be laid out so as to eliminate or avoid new perimeter half-streets. Where an existing half-street is adjacent to a new subdivision, the other half of the street shall be improved and dedicated by the subdivider. The City may authorize a new perimeter street where the subdivider improves and dedicates the entire required street right-of-way width within the subdivision boundaries. In the event that the entire required street right-of-way width is improved and dedicated, arrangements for reimbursement, at the time the adjoining land is subdivided, shall be contained in the subdivision agreement. (Ord. 1008 1979) Sec. 16-16-90. Streets in commercial and industrial developments. In commercial and industrial developments, the streets and other accessways shall be planned in connection with the grouping of buildings, location of rail facilities and provision of alleys, truck loading and maneuvering areas, walks and parking areas so as to minimize the conflict of movement between the various types of traffic, including pedestrian. (Ord. 1008 1979) Sec. 16-16-100. Access to arterial streets. Where a subdivision borders on or contains an existing or proposed arterial, the City may require that access to such streets be limited by one of the following means: The subdivision of lots so as to back onto the arterial and front onto a parallel local street; no access shall be provided from the arterial, and screening shall be provided in a strip of land along the rear property line of such lots; A series of cul-de-sacs, U-shaped streets or short loops entered from and designed generally at right angles to such a parallel street, with the rear lines of their terminal lots backing onto the arterial; or A marginal access or service road separated from the arterial by a planting or grass strip and having access thereto at suitable points. (Ord. 1008 1979) ---PAGE BREAK--- 16-21 Sec. 16-16-110. Bicycle trails. If applicable, bicycle trails shall align with any existing rights-of-ways, and conform with the bicycle element of the comprehensive plan. (Ord. 1008 1979) Sec. 16-16-120. Intersections. Streets shall be laid out so as to intersect as nearly as possible at right angles. A proposed intersection of two new streets at an angle of less than seventy-five degrees (75°) shall not be acceptable. An oblique street should be curved approaching an intersection and should be approximately at right angles for at least one hundred (100) feet therefrom. Not more than two streets shall intersect at any one point unless specifically approved by the City. Proposed new intersections along one side of an existing street shall, wherever practicable, coincide with any existing intersections on the opposite side of such street. Street jogs with centerline offsets of less than one hundred fifty (150) feet shall not be permitted, except where the intersected street has separated dual drives without median breaks at either intersection. Where local streets intersect arterial streets, their alignment shall be continuous. Intersection of arterial streets shall be at least eight hundred (800) feet apart. Minimum curb radius at the intersection of two local streets shall be at least fifteen (15) feet, and minimum curb radius at an intersection involving a collector street shall be at least twenty- five (25) feet. Alley intersections and abrupt changes in alignment within a block shall have the corners cut off in accordance with standard engineering practice to permit safe vehicular movement. Intersections shall be designed with a flat grade wherever practical. In hilly or rolling areas, at the approach to an intersection, a leveling area shall be provided having not greater than a four- percent rate at a distance of sixty (60) feet, measured from the nearest curbline of the intersecting street. (Ord. 1008 §4(B)(10), 1979) Sec. 16-16-130. Dimensional standards for street layout. The following standards shall apply in street designs: Improvement Development Density Residential Nonresidential Low & Medium High Minimum Width Right-of-Way (in feet) Alley (where permitted) — — 20 Local street 50 50 50 Collector street 60 70 70 Arterial street 80 100 100 Minimum Width Flow Line to Flow Line (in feet) Local street 36 40 40 Collector street 52 52 52 ---PAGE BREAK--- 16-22 Arterial street 64 64 64 Maximum Grade (Percent) Local street 8 8 6 Collector street 8 8 6 Arterial street 6 6 5 Minimum Grade All streets 0.3 0.3 0.3 Minimum Radius of Curve (in feet) Local street 100 100 200 Collector street 200 200 200 Arterial street 500 500 500 Minimum Length of Vertical Curve Local street and collector street 100 feet, but not less than 20 feet for each percent of algebraic difference in grade. Arterial street 300 feet, but not less than 50 feet for each percent of algebraic difference in grade. Minimum Length of Tangents Between Reserve Curves (in feet) Local street 100 150 200 Collector street 100 150 200 Arterial street 300 350 400 Minimum Sight Distance (in feet) Local Street 200 200 250 Collector street 200 250 250 Arterial street 300 300 400 Intersection: Across corners 50' back from intersection Maximum Length of Cul-de-Sac: Not to exceed 600 feet Minimum Diameter of Cul-de-Sac (in feet) Local street ROW diameter 100 140 160 Pavement 90 120 140 Center island diameter (if required) 40 50 60 Design Speed (miles per hour) Local streets 30 30 30 Collector streets 30 35 35 Arterial streets 35 35 35 (Ord. 1008 §4(B)(11), 1979) ---PAGE BREAK--- 16-23 Sec. 16-16-140. Street names and numbers. Street names shall not be used which will duplicate or be confused with the names of existing streets and shall be subject to approval of the Planning Commission. Street numbers shall be assigned by the City staff. The following method of street naming shall be used: (Ord. 1008 §4(B)(12), 1979) Sec. 16-16-150. Alleys. Alleys, open at both ends, shall be provided in commercial and industrial areas, except that this requirement may be waived by the City where other provisions are made and approved for service access. Alleys shall not be allowed in residential subdivisions. (Ord. 1008 §4(B)(13), 1979) Sec. 16-16-160. Utility easements. Easements for utilities shall be a minimum of sixteen (16) feet wide, eight feet of which shall be on each side of common rear lot lines where the lines abut. On perimeter rear lots, easement width shall be a minimum of ten (10) feet. Side lot easements where necessary shall be at least five feet in width. This provision is subject to approval by the appropriate utility company. (Ord. 1008 §4(B)(14), 1979) Sec. 16-16-170. Stormwater easements. Where a subdivision is traversed by a watercourse, drainage way, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width as may be required for necessary flood control measures. The minimum requirements for such easements shall be based on a five-year floor. The requirements for the urban drainage system shall be based on a one-hundred-year flood. A pedestrian or bikeway ---PAGE BREAK--- 16-24 easement shall be required if the City determines that intermittent access to such watercourse, drainage way, channel or stream is necessary. (Ord. 1008 §4(B)(15), 1979) Sec. 16-16-180. Blocks. Blocks shall have sufficient width to provide for two tiers of lots of appropriate depths. Exceptions to this prescribed block width shall be permitted in blocks adjacent to collector or arterial streets, railroads or waterways. The widths and shapes of blocks shall be such as are appropriate for the City and the type of development contemplated, but block in residential areas, with lots fronting on a local street, shall not exceed one thousand four hundred (1,400) feet, nor be less than four hundred (400) feet in length. Wherever practicable, blocks along collector and arterial streets shall be not less than one thousand (1,000) feet in length. (Ord. 1008 1979) Sec. 16-16-190. Lot arrangement. The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the zoning ordinance and in providing driveway access to buildings on such lots from an approved street. (Ord. 1008 1979) Sec. 16-16-200. Lot dimensions. Lot dimensions shall comply with the minimum standards of the zoning ordinance. Where lots are more than double the minimum required area for the zoning district, the City may require that such lots be arranged so as to allow further subdivision and the opening of future streets where they would be necessary to serve such potential lots, all in compliance with the zoning ordinance and these regulations. In general, side lot lines shall be at right angles to street lines (or radial to curving street lines) unless a variation from this rule will give a better street or lot plan. Depth and width of properties reserved or laid out for high density residential, commercial or industrial purposes shall be adequate to provide for the off-street parking and loading facilities required for the type of use and development contemplated, as established in the zoning ordinance. (Ord. 1008 1979) Sec. 16-16-210. Double frontage and reversed frontage lots. Double frontage and reversed frontage lots shall be avoided except where necessary to provide separation of residential development from traffic arterials or to overcome specific disadvantages of topography and orientation. Closed uniform fencing may be required where a rear yard backs to a collector or arterial street. (Ord. 1008 1979) Sec. 16-16-220. Access to lots. Lots shall not, in general, derive access exclusively from an arterial street. Where driveway access from a collector or arterial street may be necessary for several adjoining lots, the City may require that such lots be served by a combined access drive in order to limit possible traffic hazard on such street. Where possible, driveways should be designed and arranged so as to avoid requiring vehicles to back into traffic on collector or arterial streets. (Ord. 1008 1979) ---PAGE BREAK--- 16-25 Sec. 16-16-230. Drainage for lots. Lots shall be laid out so as to provide positive drainage away from all buildings. Individual lot drainage shall be coordinated with the general storm drainage pattern for the area. Drainage shall be designed so as to avoid concentration of storm drainage water from each lot to adjacent lots. (Ord. 1008 1979) ARTICLE 16-18 Commercial Design Standards Division 1. General Provisions Sec. 16-18-10. Title; citation. The regulations set forth in the ordinance codified herein shall be officially known and cited as the "Brighton Commercial Design Standards," although they may be referred to in this document as "Commercial Design Standards." (Ord. 1820 2004) Sec. 16-18-20. Purpose. These standards implement the Brighton Comprehensive Plan and promote the health, safety and general welfare of the residents of the City by encouraging high quality in the siting, organization and construction of new commercial developments in the City and, more specifically, by: Promoting new commercial development that is distinctive, has character, and relates and connects to established Brighton developments; Encouraging site planning that accommodates and responds to the existing natural and built environment on and adjacent to the site, including preservation of existing trees, vegetation, wildlife habitat, stream corridors, wetlands and manmade cultural resources such as agricultural buildings and irrigation ditches; Encouraging organization of new commercial development into cohesive developments that are safe and pedestrian-friendly; Encouraging connections within and between new commercial development and adjacent and surrounding residential and commercial development (existing or planned), land uses (such as schools, shopping and employment) and parks and open space/trail systems; and Providing variety in commercial design and type in order to reduce the adverse visual monotony of commercial design often associated with large-scale commercial development. (Ord. 1820 2004) ---PAGE BREAK--- 16-26 Sec. 16-18-30. Applicability. The following commercial developments shall be subject to this Division's Commercial Design Standards: All commercial development in all commercial zoning districts, which are submitted for review after, August 17, 2004. (Ord. 1820 2004) Sec. 16-18-40. Conflicting provisions and relationship with other regulations. These Commercial Design Standards supplement the City's regulations set forth in the City's Zoning Regulations, Subdivision Regulations and Residential Design Standards, as amended. In addition to the requirements of these Commercial Design Standards, an applicant shall comply with all other applicable City land development regulations, ordinances and requirements. When the provisions of these Commercial Design Standards are inconsistent with one another, or when the provisions of these Commercial Design Standards conflict with provisions found in other parts of the Zoning Regulations, Subdivision Regulations, or in any other City ordinance or regulation, the more restrictive provision, and that which more specifically applies to a given situation, shall govern unless otherwise expressly stated. Except as otherwise provided herein, the Community Development Director shall be the final arbiter regarding issues pertaining to the administration of these regulations. (Ord. 1820 2004) Division 2. Commercial Site Planning and Site Design Standards Sec. 16-18-110. Site planning. General. Site planning is the design process for the development of land; it considers the relationship of off-site and on-site compatibility and the purpose for which land is to be used. In general, buildings should be located so as to be visible from major roadways and entries to provide clear orientation and access for vehicular and pedestrian traffic alike. Likewise, structures should be located in consideration of the existing built context, the location of adjoining uses and the location of major roadways. Pedestrian courtyards, common gathering areas and accessible, well-landscaped environments that encourage pedestrian movement both within the new commercial development and among adjacent land uses are encouraged. Site orientation. Site planning must take into consideration the existing grade and slope of the site, as well as existing grades and building elevations off-site. Grading of property must be sensitive and compatible with surrounding properties and public streets. Commercial properties adjacent to existing or future residential properties will be restricted in raising the elevation of the commercial site unless approved by the City. Site planning must consider the relationship of buildings and detention areas to natural grades and visibility from ---PAGE BREAK--- 16-27 adjacent roads and properties. Final grades within landscape areas cannot exceed twenty- five percent (25%) The use of terraced parking lots, stepped building pads, retaining walls and larger setbacks may be necessary. The use of landscaped, sloped areas is preferable to retaining walls. Retaining wall heights are limited to a maximum height of four feet (measured from the bottom of the footing). Natural site amenities such as mature trees, creeks, riparian corridors and other features unique to the site must be identified and considered for preservation. All wetlands shall be identified as determined by a qualified wetland consultant. The Corps of Engineers shall approve the delineation of federally mandated wetlands. Any impact to a federally mandated wetland shall be mitigated in accordance with the Corps of Engineers regulations. Flood corridors are located within the one-hundred-year floodplain, and should remain undeveloped to prevent flood damage and to preserve the riparian habitat and wildlife associated with the area. The filling in of floodplains will generally be prohibited. All endangered or threatened species of plants or animals should be identified and the habitat of such species should be considered for preservation as determined by the Colorado Division of Wildlife, United States Fish and Game Service or other appropriate agencies. This responsibility is that of the property owner/ developer. Site planning must provide for the Fire Department Emergency access, and such access shall be labeled on the preliminary and final plats as "Fire Lane." Existing and planned bus stops must be shown on the preliminary and final plats. (The developer may be required to install additional bus benches or shelters, thereafter maintained by the developer or owner.) General layout and design. Retail commercial development must be designed in a manner to create the impression of a unified project and overall sense of a unique or identifiable place. Linear "strip" development is discouraged. This type of development is characterized by uses that are only one store deep and buildings are arranged in a linear fashion rather than clustered. A minimum of fifty percent (50%) of the overall property (acres or gross floor area, whichever is greater) should be within the initial phase of construction. Freestanding pad sites should not be developed until the principal portion of the property has begun construction. Construction phasing must be indicated on the preliminary and final plats. The timing of construction of pad sites or individual lots may be subject to further restrictions. A sense of entry or arrival must be created at primary into the development. Building placement, landscaping, gates, entry monuments, specialty lighting and other design elements can be used to create this design effect. ---PAGE BREAK--- 16-28 In projects over ten (10) acres, the development area immediately adjacent to the intersection of two arterial streets should generally be free from a building location in order to maintain public views into the development from the intersection. This area must be enhanced with landscaping; however, some parking may be acceptable. This area is generally the average size of adjacent pad sites and the length along each stretch of arterial street frontage should be about equal. The design approach to creating open space and maintaining views at the corner will be evaluated on a site-by-site basis. Pavement grades should not exceed five percent longitudinal slope within a parking area and eight percent longitudinal slope in drive aisles that do not have parking stalls along the aisles. Site entry and exit aisles shall not exceed three percent longitudinal slope from the public street to fifty (50) feet into the site. The fifty (50) feet shall be measured from the property line (Standard Specifications for Design and Construction of Public Improvements). Sidewalk cross-slopes shall not exceed two percent Sidewalk longitudinal slopes shall comply with the American Disability Association (ADA) requirements Handicapped accessible routes must be accessible to, but separated from, parking areas, and may be no greater than 1:12. An exterior lighting plan indicating site and building light fixtures and lighting levels should be prepared by a qualified consultant and submitted to the City for review and approval in conjunction with the preliminary and final plats. Illumination levels should be designed to average one foot-candle in parking lots and other similar areas (measured four to five feet above the ground surface). Parking lot lighting should be with metal halide or other type of white lighting. Off-site glare onto adjacent properties or rights-of- way is not permitted. Over-lighting areas and high contrast between properties should be avoided. Concealment of the light source must be a design consideration. Parking lot lights should not exceed thirty-five (35) feet in height. Refer to Paragraph above. Grading, excavation and erosion control. Site improvements should minimize cut-and-fill in order to preserve each site's natural terrain to the maximum extent possible. Site grading designs should be carried out in such a manner to avoid drainage impacts (such as erosion and road damage), both on-site and The natural setting of the site (for projects on undisturbed ground) should be preserved to the greatest extent possible, with grading designs that are sensitive to existing landforms and topography. Slopes should be limited to 4:1 or less. Typically, grades between old and new elevations should transition via rolling rather than one continuous straight slope. ---PAGE BREAK--- 16-29 Grade changes within the drip-line of existing trees that are to be maintained should be avoided. On-site topsoil should be stockpiled and protected during construction, and existing site vegetation should be preserved wherever possible. Disturbed soil and slopes shall be replanted with an approved grass mixture or ground cover. Pedestrian amenities. Amenities such as courtyards and/or plazas shall be included within the overall and individual site plans, and should be functional and designed as part of the overall project, as opposed to being relegated to "ancillary" spaces unsuitable for other uses. Pedestrian open spaces should be furnished with benches, landscaping, fountains, play areas and other amenities designed to create a sense of enclosure. Where feasible, establish some such areas that will be useable throughout the year buffered from the elements, open to sunshine). Areas devoted to pedestrian use should be delineated through the use of accent paving (maximum point 0.25-inch groove depth), landscaping, lighting and outdoor furniture. Pedestrian open spaces should be located to take advantage of existing landmarks, natural landforms or activities. All such amenities shall be owned and maintained by the developer or the developer's assignees. Site coverage. ---PAGE BREAK--- 16-30 No more than seventy percent (70%) within each parcel and for the entire commercial development shall be covered with buildings, parking and driveways. No less than thirty percent (30%) within each parcel, and for a commercial development as a whole, shall be open space. Such spaces, at the discretion of the Community Development Department, may include pedestrian areas, such as sidewalks, plazas and other areas designed for pedestrian activity, but shall under no circumstances be used to exclusively satisfy open space requirements. (Ord. 1820 2004) Sec. 16-18-120. Vehicular and pedestrian circulation. General. The City encourages the design of safe and dynamic intra-development vehicular and pedestrian circulation systems through the minimal use of access points to private property from public roadways. A clear and carefully planned hierarchy must be demonstrated for the vehicular and pedestrian design systems, and must be expressed in all street and landscape designs. Pedestrian routes within the development should be integrated to provide a comprehensive circulation system offering convenient, safe and visually attractive accesses to all areas of the development. Site access points and driveways. Maintain a consistent design treatment of roadways and intersections along major roadways within each commercial development in order to establish visual continuity, and facilitate convenient and safe circulation. Access points along major routes must be limited in number and location, and driveways must be planned and shared between properties, and access easements must be noted on the final plats. The design of access routes must incorporate a generous area for the stacking of cars along driveway routes where intersecting with public streets. Access points and driveways should line up across from other access points, driveways or focal points, and adequate separation between access points must be provided for safe and convenient internal circulation. Access roads and drives must be a minimum of twenty (20) feet in width and comply with current City and Brighton Fire District standards. ---PAGE BREAK--- 16-31 Entrances into commercial developments along arterial and collector streets should be enhanced with the addition of signs, accent paving, special landscaping and/or lighting approved by the Community Development Department. Design elements should be visually interesting and consistent with other streetscape materials used within the overall development. Wherever possible, street intersections should be used for access into commercial developments. Additional site accesses should be located as far as possible from street intersections, but in any case a minimum of one hundred (100) feet should separate access points intersecting with public roadways, and a minimum of fifty (50) feet separation between adjacent curb cuts along private roadways. Access drives of five hundred (500) feet or longer must incorporate design elements, such as a traffic circle, angle/offset, or other form of speed deterrent approved by the Community Development Department. Vehicular circulation. The internal vehicular and pedestrian circulation must interconnect in an obvious and consistent manner. Commercial developments should be linked to surrounding areas through the extension of existing or planned streets and sidewalks through the development. Parking aisles should be separated from vehicular circulation routes and entry drives when possible. ---PAGE BREAK--- 16-32 Drive-thru uses must be designed for dedicated drive-thru lanes that allow for the stacking of no less than eight vehicles, and must be sufficient to prevent "spill over" into adjacent parking areas, circulation aisles or streets. Such lanes must not block access to parking stalls or pedestrian access to the building. Pedestrian access and circulation. Site planning must provide for separate pedestrian circulation, and must be provided from the perimeter of the site, and connect to all buildings within the site. Primary pedestrian or bicycle connections shall be not less than eight feet in width, with secondary interior sidewalks not less than six feet in width. Parking stall overhang into any sidewalk or landscape area shall require an increase in the minimum sidewalk or landscape area by the depth of the overhang. Pedestrian walkways within the development must be distinguished from the driving surface by the use of bricks, integrally colored and scored concrete, (maximum 0.25-inch groove depth) or other methods approved in advance by the Community Development Department. Sidewalk areas in front of buildings shall be designed to accommodate pedestrian activity. Landscaping must occur within or adjacent to these areas. a. Sidewalks in front of or adjacent to buildings of less than ten thousand (10,000) square feet must not be less than eight feet in width (exclusive of auto overhang); ---PAGE BREAK--- 16-33 b. Sidewalks in front or adjacent to buildings of more than ten thousand (10,000) square feet must not be less than fifteen (15) feet in width. Passenger drop-off areas must be incorporated within the design of commercial development projects, and should include a clear separation between vehicular traffic within the drop-off and parking/circulation areas. a. Drop-off lanes should be designed to avoid obstructing the flow of traffic b. The use of textured paving, or other easily distinguishable raised surface (maximum 0.25-inch groove depth), should be used to delineate drop-off areas. c. Appropriate signage should be used to indicate the location and time limitations for drop-off areas. (Ord. 1820 2004) Sec. 16-18-130. Parking. General. Parking areas should be established in such a manner that they clearly meet the location and quantity requirements of their specific uses, without detracting from either the effectiveness of other forms of transportation or the pedestrian environment. The use of parking structures should be considered within large commercial developments due to their economies of space; they should, however, clearly relate to the structures served, as well as enhance the overall character of the development. If developed in phases, the location and size requirements for future parking should be anticipated. Parking for bicycles and should be included within the parking plan. The amount of parking required per development shall be calculated based on the current parking regulations of the City. Surface parking. Parking areas designed to accommodate seventy-five (75) or more automobiles should be divided into a series of smaller, interconnected lots. ---PAGE BREAK--- 16-34 Parking areas should be separated from buildings by raised concrete walkways (with design features), landscaped strips, or both. Parking spaces, other than those providing access for handicapped drivers, should never directly abut structures. At least fifty percent (50%) of required off-street parking shall be located behind or at the sides of principal structures (rather than between the front of principal buildings and the primary access street), or within parking structures Dead-end aisles are not allowed, unless adequate space for an unimpeded turn-around is provided. Parking aisles should be located perpendicular to buildings, so that pedestrians walk parallel to moving vehicles. Parking aisles in long, straight configurations that facilitate speeding should be avoided. Not This This Landscaped islands should be used at the end of each parking aide, and may include handicapped access ramps. Curbed and landscaped islands, composed of organic material, should be used to indicate a change in direction of parking stalls and aisles. ---PAGE BREAK--- 16-35 Not This This Parking "bumpers" are prohibited in surface lots. Handicapped parking spaces and accessible routes shall be provided consistent with ADA standards. Minimum parking requirements. The following minimum parking requirements per parcel or use within the commercial development shall be incorporated within the overall design: 1. Retail uses 4.5 spaces/1,000 SF 2. Restaurants 15 spaces/1,000SF 3. Theaters 1 space/2 seats 4. Professional offices 4 spaces/1,000 SF 5. Medical/dental offices 6 spaces/l,000 SF 6. Showroom 4.5 spaces/1,000 SF 7. Hotel/motel/ lodging 1 space per guest room, plus 1 space per 2 employees Parking structures. The Architectural Design Standards (Section 16-18-210) shall apply to the design of all parking structures, the ground level of which should be designed so as to complement the overall architectural theme of the development while providing a visually engaging environment for the pedestrian. The use of parking structures within commercial development projects is encouraged. Covered connections (walkways) must be provided between parking structures and the buildings they serve. parking. parking should be clearly distinguishable from automobile parking, with the location of parking stalls designed in such a way so as to encourage their orderly parking. Parking areas should be paved with concrete in order to support kickstand pressure. Bicycle parking. ---PAGE BREAK--- 16-36 Locations for bicycle parking should be easily accessible to building entrances for both customers and employees, to maximize ease of use and visibility. Avoid positioning of racks where they will obstruct building entrances or the flow of pedestrian traffic. Consider the use of shelters to provide protection from the elements, and coordinate their design with adjacent buildings or street furniture. Select bicycle racks that provide options for use by a range of bicycle types, and for a variety of security devices. Coordinate the location of bicycle parking spaces with public transportation stops. Shared parking among multiple buildings or lots. Shared parking among adjacent uses, especially those with staggered peak parking demands are encouraged. At the discretion of the Community Development Department, a reduction in the total number of required parking spaces may be considered (up to a maximum of eighty percent (80%) of any recommended reduction), based upon an approved parking study conducted at the developer/owner's expense. For example, an approved parking study indicating that adjacent uses might effectively share parking facilities, and which suggests a reduction of one hundred (100) spaces in the overall number of combined spaces required under Subsection above, may be considered for a maximum reduction of eighty (80) spaces (eighty percent [80%] of the study-recommended one-hundred-space reduction). Parking area used for drainage. At the discretion of the Public Works and Community Development Departments, credit may be given in the form of storage volume reductions for improvements in runoff reductions due to installation of porous pavements. If allowed, paved areas using porous pavements will be counted at the determined engineered rate of runoff, if the areas are allowed to infiltrate and are not piped to basins. Provisions for future parking. Multi-phase projects should anticipate the size requirements for future parking and reserve adequate space for that purpose, as well as taking into the consideration the possibility of changes in use of the buildings within the development. (Ord. 1820 2004) Sec. 16-18-140. Public transportation facilities. General. Commercial developments should accommodate facilities for public transportation, in particular those located along major transportation thoroughfares. Access points and stop/shelter locations should be located within or along the perimeter of commercial developments, and should be designed in such a manner that their use is convenient for those patronizing the development. ---PAGE BREAK--- 16-37 Location and coordination. Shelters should be located adjacent, or nearby, to areas within the development that are the most heavily used by both patrons and employees, and which are convenient to posted public transportation pick-up and drop-off points. Shelter designs and location shall be coordinated with the Regional Transportation District (RTD). Structures should be constructed so as to be architecturally and aesthetically compatible with, and complementary to adjacent structures within the development. (Ord. 1820 2004) Sec. 16-18-150. Signage. General. All signage shall conform to the City Sign Code, and should serve to inform, identify and direct; each structure within the development shall be clearly identifiable, and the overall development shall demonstrate a uniform and comprehensive sign design package. All signage, from development signs through individual identification signage, should contribute to the aesthetic appeal of the development yet remain secondary to architectural and landscape design elements. The following elements shall be included, in addition to those contained within the City Sign Code. In the case of a conflict among two or more differing regulations, the most restrictive shall apply. A comprehensive sign plan shall be submitted with the preliminary plat. A permit shall be required for all signs. Coordination of design. All sign age shall be coordinated throughout (all phases of) the development so as to give the appearance of a unified, cohesive development, as well as to contribute to the overall design theme of the development. Location/placement. Monument signs shall not be placed within the sight triangle of any intersection or access drive with a public right-of-way or private drive. Monument signs should be located in a planter setting within a landscaped area. ---PAGE BREAK--- 16-38 Tenant signage on the back/rear elevations of structures visible from nonretail properties, or public rights-of-way, may be prohibited. Excepted is nonilluminated delivery or door identification signage not exceeding two square feet in size. All signage shall be sufficiently visible from public rights-of-way so as to provide maximum visibility and notice of site access points for both pedestrians and persons traveling in motor vehicles. Signs shall not be placed on roof slopes. All elevated signs (whether freestanding or building-mounted) shall be mounted at least seven feet from grade, or otherwise provide adequate overhead clearance so as to not endanger pedestrian, bicycle or vehicular traffic. Materials. All signage shall be constructed pursuant to, and in compliance with the Uniform Sign Code, and shall in general be constructed of high quality, durable materials that complement the commercial development. Allowable sign types. Monument signs. a. May be located at the street or primary access points to the development. b. Integrate into landforms or landscaping. c. Smaller scale signs may be used at primary entries to freestanding office buildings in order to provide identification and addressing for individual businesses. Such signs may include only the name or trademark of the business, building or building complex that it identifies, and shall not contain change panels, advertising or names of individual tenants. d. Must relate to principal structures within the development in style and/or composition. Flush-mounted signs on buildings. a. May be located at the first-floor level only for retail uses, and at the second-floor level for office uses. Such signs may identify only the individual business, building or building complex by name or trademark only. b. May not project more than eight inches from the face of the building. Projecting signs. Signs projecting in a perpendicular manner from a building or structure are allowed for multi-tenant retail and office uses within a predominantly retail center only. Post-mounted signs. Should be used primarily as signs regulating traffic; providing direction to loading and receiving areas, visitor parking and other special areas within the commercial development. ---PAGE BREAK--- 16-39 Flashing or moving sign (excluding electronic message boards and barber poles): prohibited. Pole-mounted signs: allowed by permit only. Temporary A-frame signs: allowed by permit only. Illumination. Individually raised letters are generally required for wall signage, and the use of individually cut, backlit letters is encouraged. Cabinet "can") signs are prohibited except for logos, or similar features, which must clearly be secondary to, and complementary of lettered signage. The source of external lights directed at a sign surface shall be hidden or otherwise concealed from the view of pedestrians and motorists. Any signage visible from a public right-of-way must not compromise public safety, as determined by the Community Development Department. (Ord. 1820 2004) Sec. 16-18-160. Exterior lighting. General. Exterior lighting should be used to provide security and safety throughout the commercial development, while being designed to augment and complement the overall design of the development. Minimal site lighting should be maintained in order to provide safe pedestrian and vehicular movement, while minimizing glare. Sweeping laser and searchlight beams projected into the sky, except those approved by the Community Development Department for temporary uses, are prohibited. Poles and fixtures shall be aesthetically compatible with all other fixtures on site. Install all lighting fixtures so as to shield or confine light spread to a specific area. Specify lighting levels that are adequate for visibility, but which shall not create glare for pedestrians or those operating vehicles. ---PAGE BREAK--- 16-40 All building entrances must be well lighted. Subject to the provisions of Paragraph below, light poles located within landscaped and plaza areas shall not exceed twenty (20) feet in height, with a maximum pedestal height of eight inches. Metal halide or other white light fixtures shall be used in all external lighting appliances; high-pressure sodium is not allowed in any external lighting application. The nighttime illumination of architectural features of a building or accent lighting with the use of decorative lights that are consistent with the architectural character is desirable. The use of colored lights, with the exception of seasonal holiday lighting, is permitted only with the written approval of the Community Development Department. Location/placement. Building/design lighting. Lighting that accents building features and creates visual interest is permitted, provided that design continuity is maintained among buildings. a. Lighting fixtures mounted directly on structures may be allowed when used to enhance specific architectural elements, or to help establish scale or provide visual interest. b. "Wall Paks" are permitted only in loading and service areas, and should be down-lit and shielded from view. c. Illuminators or fixtures used to light building-mounted signage, building facades or pedestrian arcades should be integrated into the building's architectural design, and shall not compromise the health, safety or welfare of the community. d. Consideration should be given to highlighting entrances, art, terraces and special landscape features. ---PAGE BREAK--- 16-41 Parking lot lighting. Parking lot lighting should be unobtrusive and provide safe light for parking lot activity. a. Ensure that all parking lot light fixtures are similar in design for all surface parking areas. b. Metal halide lighting with a concealed light source of the "cut-off" variety should be used to prevent glare onto adjacent buildings and sites. c. Separate pedestrian scale lighting should be provided for all pedestrian ways through parking lots. d. The maximum height of parking lot poles shall be thirty-five (35) feet measured from finished grade. e. Light poles shall be located within medians wherever possible, and shall have a maximum base height of three feet, unless otherwise approved by the Community Development Department. Pedestrian area lighting. a. Walks shall be lighted for the safe passage of pedestrians, as should areas that are dangerous if unlit, such as stairs, ramps, intersections and underpasses. b. Use of lighting bollards or other low-level fixtures is encouraged to identify pedestrian walkways and drop-off areas at entrances to buildings. c. Emphasize pedestrian-to-vehicle intersections with low-level decorative streetlights. d. All primary walkways, steps or ramps along pedestrian routes shall be illuminated. e. The use of incandescent or metal halide lamps is strongly encouraged. f. Building-mounted fixtures should be used for walkways or plazas near buildings. Landscape lighting. a. Landscape lighting should enhance or complement, not overshadow landscaping. b. Landscape lighting should be designed to be effective during all seasons of the year, and through the life of the landscape. c. Wherever possible, fixtures shall be concealed in trees behind rocks) in order to control glare and avoid extreme bright spots on the surrounding landscape. Site security lighting. ---PAGE BREAK--- 16-42 a. Site security lighting should not impact negatively upon the site, building architecture, or adjacent properties. b. No light source bulb) shall be directly visible from adjacent properties, except those that are motion- or IR-activated, and which remain lit for no more than one minute per activation. c. Only as much illumination as is necessary to provide safety and security of the affected area should be used. Light intensity. A photometric lighting plan is required for all new commercial development in order to ensure adequate and appropriate light levels throughout the development. The following levels of illumination shall be maintained: a. Building entrances 5.0 foot candles b. Sidewalks (within development) 5.0 foot candles c. Bikeways (within development) 5.0 foot candles d. Courts/plazas/ terraces 5.0 foot candles e. Ramps 5.0 foot candles f. Stairways 5.0 foot candles g. Waiting areas 5.0 foot candles h. Underpasses 5.0 foot candles i. Parking lots 5.0 foot candles j. Roadways 5.0 foot candles Illuminated areas shall be measured as: Area in minimum average, maintained horizontal, foot-candles that are measured at the average point of illumination between the brightest and darkest areas three feet above the ground surface. Site lighting should provide consistent levels of illumination, avoiding irregular pockets (either bright or dark). (Ord. 1820 2004) Sec. 16-18-170 Landscaping. General. The City considers landscaping to be an integral component of commercial development, and recognizes that high quality landscaping plays an important role in enhancing the quality of life of the community. Landscaping for commercial areas within each building site shall serve to: Enhance the aesthetics of commercial development; Create a pedestrian friendly environment; ---PAGE BREAK--- 16-43 Break up the mass of buildings; Soften architectural materials; Provide screening of service structures; Enhance the streetscape/parkway environment; Define building and parking area entrances; Provide shade and climate control; Control airborne particulates; and (10) Serve as buffers between incompatible land uses or site areas. Drought-tolerant plant species that are native to the region, or otherwise suitable to the climate, should be used. All landscaping shall conform to an approved grading plan. Adjacent to public and private roadways. The corridors along perimeter arterial streets and internal collectors should provide a visually cohesive open space system. Similar landscape treatments should be used at all entrances and intersections. Plant materials, massing, spacing and height characteristics should reinforce the hierarchy of roadways. Planting and grading should work together to create a variety of experiences along these roadways and to call attention to open space amenities. Perimeter edge treatments should establish identity for the project and convey a high-quality image. Include a combination of manicured and enhanced natural landscape areas. Place annual and perennial gardens at entries. Place project identification markers along the perimeter edge of all commercial developments. Design long expanses of fence and wall surfaces to create landscape pockets. Sod should not be used in planting areas two feet or less in width, and may be replaced with stone (of acceptable size), mulch and the like. Parkway and median plantings. a. Vary street tree planting species in medians and parkways. However, maintain the desired of plantings by selecting street trees with similar characteristics height and branching patterns). b. Where detached walks parallel to the street are proposed: ---PAGE BREAK--- 16-44 1. Provide a minimum of one tree per forty (40) lineal feet of public and private street frontage between the sidewalk and curb, along with fully irrigated sod or other approved ground cover. 2. Provide an additional one tree per forty (40) lineal feet of street frontage within ten (10) feet outside the sidewalk, internal to the development. 3. Provide a minimum of eight shrubs per tree plus ground cover or grass lawn outside the sidewalk, internal to the development. c. Where attached sidewalks are proposed: 1. Provide a minimum of one tree per twenty (20) lineal feet of public and private street frontage within fifteen (15) feet of the edge of the sidewalk. 2. Provide a minimum of five shrubs per tree plus perennial flower beds, ground cover or grass lawn within twenty (20) feet of the edge of curb. d. Where meandering sidewalks are proposed: 1. Provide a minimum of one tree per twenty (20) lineal feet of public and private street frontage. 2. Accompany the trees with a variety of shrubs and ground covers and make berming an integral component of the landscape design. 3. Provide a minimum of eight shrubs per tree plus perennial flower beds, ground cover or grass lawn. e. To prevent interference with motorist visibility, plant parkway trees a minimum of five feet from the back of curb and choose shrubs that do not exceed twenty-four-inch mature height. Visually buffer all parking lots adjacent to perimeter roadways with adequate screening within a planting strip between the public right-of-way and the edge of the parking lot pavement, service areas and interior roadways gasoline station "pads," drive-thru lanes, etc.). Provide adequate shrub plantings to create a dense visual buffer between parking lots and perimeter roadways. Whenever practical, incorporate berming with a maximum 5:1 slope within this planting strip. Sight lines at intersections and within medians: Provide adequate lines of sight for an effective sight triangle as measured from the right-of-way. (Refer to Section V.C.2. of the City Land Use and Development Regulations and Guidelines.) Provide a diversity of landscaping materials at entry drive to development parcels. Therefore: ---PAGE BREAK--- 16-45 a. Provide a minimum of three levels of scale, including shade, evergreen and/or ornamental trees, shrubs, annual and perennial flowers and ground covers. b. Plant clusters that appear as a cohesive visual element, and that complement the overall landscape theme and palette. c. Integrate the plant design with the entry sign. Plantings should frame or provide a visual base for the signs. Adjacent to abutting property. Visual buffers should be provided between similar land uses to accomplish transitions and to mitigate potential conflicts between dissimilar uses. Between similar uses where the adjoining uses are each permitted in the underlying zone district): Provide a minimum ten-foot-wide buffer planting strip next to a perimeter or internal property line containing one tree for every twenty (20) lineal feet of property line and appropriate shrubs, ground cover and/or turf areas. Between dissimilar uses where the adjoining uses are not both permitted as a use by right in the underlying zone districts). Provide a minimum thirty-foot-wide buffer planting strip incorporating an average three-foot-high berm, having a 5:1 slope, containing a minimum of one tree for every twenty (20) lineal feet of property line and a screen hedge incorporating both deciduous and evergreen shrubs a minimum of three feet in height (at maturity) along a minimum of fifty percent (50%) of this perimeter area. Common/shared access drives: a. Provide a minimum eight-foot-wide buffer strip along both sides of a shared access drive when no sidewalk is included. b. Provide a minimum twelve-foot-wide buffer strip along both sides of a shared access drive where a sidewalk is included. Parking lot landscaping. Parking lots are necessary features of building sites that can, if not designed properly, visually detract from the overall development character. Parking lots should be designed to blend with each building site's character using landscape plantings and grading. Use low, opaque walls and/or flowering plants combined with berming and/or raised planters to create a dense visual buffer of parking areas from peripheral streets or frontages. Lower the grades of parking lots below existing street elevations to aid in obscuring views of automobiles, while promoting views of architectural elements of the structures beyond. A minimum of one canopy shade tree per eight parking spaces is required in all parking lots, to be planted in islands, medians and perimeter areas adjacent to lots (excluding streetscape tree plantings). Utilize landscaped islands and medians to improve the definition of circulation patterns, provide shading for paved areas and break up continuous rows of parking. ---PAGE BREAK--- 16-46 Landscaped islands. a. Provide a minimum six-foot-wide landscaped island at the end of every row of parking, equal in length to the length of the parking spaces. b. Provide a minimum of two canopy shade trees in each island with a minimum mature canopy of twenty (20) feet. c. In addition to the trees, plant each island with a minimum of eight shrubs, not exceeding three feet in height at maturity. Landscaped medians. a. Place landscape medians between every other parking bay in lots for more than one hundred (100) cars. b. Where walkways in medians will not be utilized, the medians may be reduced to a width of eight feet. c. Provide a minimum of one canopy shade tree and eight shrubs for each thirty (30) lineal feet of median. d. The use of landscape medians is encouraged as a transition slope between parking bays on hillside parking lots (maximum slope of 4:1). Where head-in parking occurs, locate all shrubs a minimum of three feet from the edge of the parking lot curb. Building site landscaping. The coordination of landscape design for individual building sites and larger, multi-parcel projects is essential for creating a consistent, high-quality character. A coordinated design unifies the various buildings and strengthens the cohesiveness of the development. Individual landscape treatments for building sites should complement the roadway landscapes, create distinctive settings for buildings, reinforce the design of the open space systems and provide amenities for pedestrians. Use landscaping that is of appropriate scale relative to the proposed adjacent structures. Intensify landscaping at building entrances. No less than twenty-five percent (25%) of the building perimeter shall be planted with multi-stemmed ornamental trees, shrubs, perennial flowers and ground cover. Emphasis should be given to landscaping along the front building elevation. Provide additional landscaping around the perimeter of buildings to soften the edge between sidewalks/parking lots and structures. Protect landscaping from vehicular and pedestrian encroachments with raised planting surfaces, depressed walks and/or curbs. ---PAGE BREAK--- 16-47 Use clay, concrete or wood containers with flowering annual and perennial plants to enhance sidewalk shops, plazas and courtyards. Minimum landscape area required within each building site and within the entire development shall be thirty percent Subject to approval of the Community Development Department, hardscape plazas and walkways within open spaces areas may account for a maximum of one-third of the open space requirement and should include trees for shade and aesthetic purposes. Landscaping within public easements. a. Landscaping within public easements is limited to shrubs, ground cover and small ornamental trees. No canopy/shade trees may be planted within such easements. b. Berming is generally acceptable within public easements in conjunction with plant material. Berming is not to be used instead of plant material. Landscape irrigation and water conservation. A significant percentage of the City's treated water supply is used to irrigate plant materials and grasses. Every effort should be made to conserve water by utilizing alternative means for maintaining a suitable landscape environment. Incorporate xeriscape concepts into the landscape design of each commercial development without compromising the intent to establish significant visual amenities through landscaping. For example: a. Incorporate a "zoned planting scheme" to reduce water demand by grouping similar varieties of plants that are drought- and disease-tolerant. b. Use drought tolerant plant species suitable to the climate that have minimum watering and pruning requirements. c. The use of water conserving grasses, such as fescue sods, is encouraged. Limit the use of blue grass. All areas to be planted should receive, at minimum, a soil amendment of three cubic yards per one thousand (1,000) square feet. d. Incorporate heavily mulched planting beds to aid in retaining moisture and to make planting areas easier to maintain. Improve the soil prior to planting for better water absorption and retention. e. Incorporate advanced irrigation measures and scheduling. Install an efficient automatic irrigation system that will incorporate water conservation measures. Spray heads are recommended for lawn and ground cover areas, with drip irrigation for shrubs and trees. The developer is encouraged to investigate alternative sources of irrigation water for all landscaped areas. Alternative sources shall be owned and maintained by the developer or an association formed for such purpose, unless the City otherwise agrees. ---PAGE BREAK--- 16-48 Landscape standards and plant material selection. For a strong visual impact, plants should be used in masses of the same species. Random spotting of many different types is not appropriate. Planting should reinforce the site planning concepts and complement architectural forms. Plant materials selections are encouraged from the Recommended Plant Materials List. Landscape zones: Depending on the size and magnitude of an individual parcel, the project's landscape areas should be divided into one or more of the following basic zones: a. High maintenance zone (located at site and building entrances and pedestrian areas.) This zone may include: 1. Manicured lawns which require weekly mowing and regular watering (including blue grass sod or fescue grasses); 2. Formal plantings of trees and shrubs; and 3. Planters, with annuals and perennials. b. Medium maintenance zone (located along perimeter roadways. This zone may include: 1. Drought-tolerant grasses that require less water and maintenance (but still provide a manicured green look during the growing season – including fescue type grasses); 2. Large shrubs; and 3. Large specimen trees. c. Low maintenance zone (located in environmentally sensitive areas, along waterways and the balance of the site). These may include: 1. Natural areas and native grasses (which require very low water and maintenance); 2. Existing vegetation; 3. Drought-resistant plant species; 4. Meadow-like and open fields; and 5. Wetlands areas. Selection of plant materials is encouraged from the Recommended Plant Materials List, and in light of the following standards and guidelines: a. Select plant materials based on suitability to climate, setting and compatibility with other development plantings, character and functions. ---PAGE BREAK--- 16-49 b. Select plant materials that are free of disease and harmful insect problems. C. The quality of plant material selected will follow the guidelines of the "American Standard for Nursery Stock" by the American Association of Nurserymen. d. Proper drainage is required for all major plantings to ensure the establishment of a good root system and healthy growth. e. The installation and ongoing, regular maintenance of landscaping shall generally follow the procedures set forth by the American Association of Landscape Contractors and its local agencies. f. All landscaping and landscape material shall be backed by a warranty of the owner and the contractor for a minimum of one year, as detailed in the development agreement. g. A performance guarantee is required to ensure completion of landscaping. h. Artificial plants of any type, size or color are not allowed as exterior landscaping within any development parcel. Encourage the use of water-conserving landscapes by minimizing irrigated sod areas (such as blue grass) that require significant watering and maintenance. In general, where grass lawn areas are used, choose a species that will require low maintenance in cutting and less watering than typical blue grass (fescue sods are encouraged). Grasses should provide an immediate cover and sod is recommended. In less irrigated/nonirrigated areas, plant various grasses in groupings for effect. Choose plant materials that provide variety and year-round color and screening. Select materials that highlight each season: a. Spring: flowering plants; b. Summer: shade; c. Fall: leaf color; and d. Winter: branch form and texture; evergreen. Edging is required to separate grass areas from shrubs, ground cover and mulch. Utilize porous paving materials for paths, plazas, etc., such as patio bricks, inter- locking pavers, concrete stepping-stones and/or sandstone. Plant annual and perennial flowerbeds in visible areas such as pedestrian plazas, building entries. Mulching: ---PAGE BREAK--- 16-50 a. All planting beds should be mulched with wood or decorative rock to stabilize soils, control erosion and conserve water use. b. Use organic mulch materials that are best suited and adapted for the local area. c. Decorative rock may not constitute more than fifty percent (50%) of the total mulched area. d. Rock mulch is discouraged in landscaped islands within parking lots. (10) Use landscape or weed barrier fabric within all shrub beds and mulched areas to control weeds. (11) All landscape plans should be prepared by a qualified landscape architect. Planting size standards. An immediate landscape impact is desired within all commercial developments and, to facilitate this, minimum plant size standards are required. Larger sizes are encouraged. Provide landscaping according to the following minimum sizes: Deciduous shade/canopy trees: two-inch caliper. Ornamental trees: two-inch caliper. Evergreen trees: six to eight feet height (with a minimum of twenty-five percent [25%] being eight feet in height). Multi-stem ornamentals: eight to ten (10) feet in height. Shrubs: five-gallon container. Vines: one-gallon container. Ground cover/perennials: two-and-one-quarter-inch pots. Landscape maintenance and replacement. The property owner is responsible for providing, protecting and maintaining all landscaping in a healthy and growing condition. The property owner will remove and replace dead or diseased plant materials immediately with the same type, size and quantity of plant material as originally installed, Avoid replacing landscape materials during the dry winter months between December and February and in midsummer (July and August). Contact the Planning Division for specific time requirements for landscape material replacement. Existing vegetation. Special attention should be paid to preserving within each commercial development those natural features and vegetation which are significant because of ---PAGE BREAK--- 16-51 their unique character, history, size, variety or growth habits. This includes all mature trees greater than three inches in diameter and significant understory plants and shrubs. Provide an inventory of all existing trees and significant woody vegetation that identifies size, health and species and trees to be retained and removed. The inventory is to be prepared by a botanist, licensed arborist or landscape architect. Locate site and building improvements to preserve significant natural vegetation. Preserve and incorporate into the landscape plan any existing healthy tree six-inch caliper or larger and located more than twenty (20) feet from any proposed building location. Preserve all trees over twenty-four-inch caliper unless deemed unhealthy or unsuitable for preservation. During construction of site improvements, erect suitable protective barriers (generally located beyond the drip line) around trees to be preserved, making sure trunks, branches and root structures are not damaged by construction equipment. Incorporate tree wells or retaining walls as necessary in the landscape plan to protect existing trees. Maintain historic drip lines. Site furniture and features. Site furnishings include benches, waste receptacles, planters, railings and bollards. Visual consistency of these elements is desired throughout each development. All components of outdoor site furniture should be low maintenance, highly durable and resistant to vandalism and theft. Outdoor seating. a. Use outdoor seating that is comfortable, attractive, durable and easy to maintain. b. Locate benches at major building drop-off areas, transit stops, pedestrian courtyards and plazas. c. Locate benches in areas that receive direct sunlight in the winter, are sheltered from winds and are shaded in the summer. d. Where seating is fixed, provide a variety of arrangements (both linear and grouped), which accommodate two to six persons. Planters and waste receptacles. a. Design planters and waste receptacles to coordinate with other furniture. b. Use materials and colors similar to those used for benches. Tree grates. Use tree grates to prevent excessive soil compaction and to give added interest to the pavement. Choose tree grates that are fabricated of a strong, durable material. ---PAGE BREAK--- 16-52 In areas that receive heavy use, tree guards may be appropriate to give added protection to young trees. Trash dumpsters. a. Provide a concrete pad a minimum of eight feet wide to provide truck access to dumpster locations. b. Enclose and landscape around all trash dumpsters. (Ord. 1820 2004) Sec. 16-18-180. Walls and fencing. General. Fences and walls should be decorative in nature and generally contribute to the visual quality of the project or development, while being by design as unobtrusive as possible. A combination of fencing and landscaping should be incorporated wherever practicable. A permit shall be required for all walls and fences. Requirements. Make screening for loading docks and service areas a minimum of six feet high and constructed of the same materials and finishes as the main building. All authorized outside storage shall be screened. Screen from view all outdoor areas used for the display, storage or sale of seasonal inventory. Use fencing, walls and/or landscaping. Screen all utility equipment, meters and transformers from view with fencing, walls and/ or landscaping. No more than twenty-five percent (25%) of the project or development street frontage may be occupied by a fence or wall. The maximum length of a continuous, unbroken and/or uninterrupted wall or fence plane shall be fifty (50) feet. Design and materials. Walls and fencing shall be constructed of materials that are compatible with, and complementary of, the adjacent building architecture. Retaining walls in excess of thirty (30) inches in height should be avoided whenever a reasonable alternative is available. ---PAGE BREAK--- 16-53 Perimeter fences and walls (those forty-two [42] inches in height or greater) shall incorporate 360-degree architecture. Chain-link and related fencing shall not be used without the written approval of the Community Development Director, on a location-by-location basis. Fences and walls shall be constructed from durable material such as stone, brick, metal having a dark finish wrought iron), vinyl or any combination approved by the Community Development Department. Wood shall not be used exclusively as a primary material for perimeter fencing. Concrete walls are permitted only when faced with masonry or stone, or if the surface is scored or textured. (Ord. 1820 2004) Division 3. Commercial Building Design Sec. 16-18-210. Architectural design. General. The architectural design of commercial structures shall consider and accommodate the overall desire of the City to create and enhance the livability and ambience of the community, while creating or contributing to a unique sense of place. In areas with existing structures, the architectural design of new projects should serve to enhance, rather than detract from, any existing design. Setbacks. Building setbacks should contribute to the creation of an aesthetically pleasing, well-landscaped and pedestrian-friendly environment along major streets and within commercial development projects. The surrounding of buildings or wrapping of project perimeters with parking lots is strongly discouraged. Building and parking lot setbacks are measured from property lines after dedication of all required future rights-of-way. Building setbacks are based on a maximum building height of thirty-five (35) feet (as determined by the International Building Code and adopted by the City); buildings approved with heights in excess of thirty-five (35) feet may be accompanied by additional setback requirements. The following building and parking lot setbacks shall apply, unless specifically waived in writing by the Community Development Department: ---PAGE BREAK--- 16-54 Category Building Setback Parking Setback Arterial and collector streets 50 ft 25 ft a Local streets 35 ft 25 ft Internal access drives 20 ft b 20 ft Interior property within the commercial development 20 ft 10 ft Other property line adjacent to nonresidential property 20 ft 10 ft Other property line adjacent to residential or public property 50 ft c, d 25 ft a Forty (40) feet with one hundred percent (100%) landscaping between the property line and the building (no parking or paving within this area) b Primary, private, access drives that connect to public streets. Sidewalks may be situated within these setbacks (measurement from the face of the nearest curb along the drive.) c No wall of any drive-thru business, liquor store, car wash or automobile service staion is permitted within one hundred (100) feet of any residential district boundary. d At a minimum, a masonry wall of no less than eight feet in height is required within the setback area adjacent to residential or public property. Additional buffering, such as increased wall height and intensive landscaping may be required (as determined by the Community Development Department). Vinyl fencing may also be considered in limited applications, in conjunction with berming, increased setback and intensive landscaping, as determined by the City. Coordination of design. Unless waived or otherwise amended in writing by the Community Development Department, the use of "360-degree" architecture shall be required for all commercial structures; and all sides of all structures shall be subject to the same architectural style, materials and details as the front elevation as determined by the Community Development Department. All structures within a development shall maintain a consistent style/ architectural theme; this includes all "pads" within a retail development, as well as gasoline pump canopies and/or other accessory structures. In general, buildings should be oriented in relation to one another so as to create meaningful pedestrian plazas or corridors. Building height and massing. Building heights should be minimized and of compatible scale with existing or planned development; the base of each building should appear to be "weightier" or "anchored" closely to the ground (through the use of heavier, larger or darker building materials), although actual building heights are expected to vary, in particular adjacent to major public roadways and possibly along the perimeter of the development. Buildings should provide visual interest at the scale of the pedestrian, which appear to both reduce mass and relate to local architectural character. Buildings should relate to geographical features and one another in their massing and forms; "box-like" structures comprised of large or plain un- articulated vertical surfaces shall not be acceptable. ---PAGE BREAK--- 16-55 The maximum height of any commercial building shall be consistent with that described within the appropriate zoning district, contained within the City Land Use and Development Regulations and Guidelines, as amended, but in no case shall exceed a height of fifty (50) feet, unless approved in writing by the Community Development Department (measurement of height defined by the International Building Code in effect at the time of plan review). a. Architectural elements domes, towers, spires, crosses) may exceed the maximum height limit for the district, when specifically approved by the Community Development Department in writing. b. New development should relate to adjacent open spaces and be compatible with, and transition from, the height of adjacent existing or planned development. Facades in excess of fifty (50) feet in length must incorporate architectural features and/or treatments to diminish apparent building mass. Similarly, other techniques shall be incorporated for the purpose of reducing the apparent massing and scale of buildings. The following techniques should be used to accomplish this requirement; additional techniques proposed by the applicant may be considered: a. Variations in facade color and/or texture. b. Variations in roof forms and heights of roof elements. c. Compositions that emphasize floor lines or otherwise express and patterns of windows, columns and other architectural features. d. Express the position of each floor in the external design: Terracing, articulated structural elements, a change in materials or the use of belt courses or similar horizontal trimbands of contrasting color and/or materials can be used to define floor lines. e. Use windows, trellises, wall articulation, arcades, material changes, awnings or other features to avoid blank walls at ground floor levels. f. The use of materials relatable to human proportions, such as brick, tile, and modular stone, as well as stucco, glass and decorative tiles. g. Columns, pilasters, canopies, porticos, awnings, brackets, arches or other such architectural features. h. Windows revealing or accentuating indoor amenities and activities. ---PAGE BREAK--- 16-56 Roof forms and materials. Three-dimensional rooftops are encouraged, and a variation in roofline is suggested to assist in reducing the scale of large buildings. Likewise, rooftops should contribute to the overall unified appearance of the development, and consideration should be made regarding their appearance from multiple angles (in particular, higher areas, ground level and roadways). Continuous rooflines in excess of fifty (50) feet should be avoided. Flat roofs are prohibited, unless concealed through the use of parapets or other features approved by the Community Development Department. Each building should have a defined top, which can be accomplished with the use of cornices, caps, parapets or other features approved by the Community Development Director. Roof forms should be designed so as to denote building elements and functions such as pedestrian entrances, arcades and porches; overhanging eaves, sloped roofs and three or more roof planes may be required. Roof forms should relate to adjacent buildings or developments. Flat canopies (for example, convenience stores, gasoline sales) must be designed so as to create a strong architectural association with the principal associated building. Columns must be constructed so as to provide a visual appearance of substance. Rooftop mechanical units shall be screened from view, using architecturally integrated screening units, roof parapets or sloped roof forms that appear as integral elements of the overall building design. ---PAGE BREAK--- 16-57 If anticipated to be visible from any existing or future surrounding building, property or street, all rooftop equipment must be painted to match the surrounding rooftop colors. Sloped roofs and canopies shall be covered with high quality roofing materials approved by the Community Development Department, such as natural clay tiles, slate, concrete tiles (having natural texture and color), high quality standing seam metal roofing or high profile, three-dimensional asphalt/fiberglass shingles. Metal roofs shall have a low gloss finish to reduce glare. Building materials and colors. Exterior materials and colors shall be aesthetically pleasing, of a high quality and compatible with the materials and colors of adjacent or nearby structures; the color and intensity of color of all building materials shall be approved in writing by the Community Development Department. Building materials. a. Exterior wall materials must be muted, and the use of brick, masonry, stone, fluted or split-faced block and stucco as primary building materials shall be required, unless otherwise determined in writing by the Community Development Department. A variance from the requirement to use brick, masonry, stone or stucco as the primary building material will be considered only when the design and use of an acceptable alternate building material is incorporated into a set of overall design guidelines that are determined by the Community Development Department to equal or exceed these requirements, and which are deemed desirable by the City. b. Materials for use in conjunction with brick, masonry, stone and stucco include: 1. Pre-cast concrete. Must have integral color, contain other materials embedded within and be articulated with design detailing, or have application of other building materials to create detailed design interest. 2. Tilt-up concrete panels with brick or stone facing. 3. Wood siding may be considered for use in limited applications, but not as a primary building material. ---PAGE BREAK--- 16-58 4. Other material that may be considered at the sole discretion of the Community Development Department. c. Highly reflective materials, such as bright aluminum and glass, are not permitted as the primary building material, in particular at the pedestrian level. d. Large blank, featureless or uniform surfaces are prohibited. e. The use of heavier materials, such as natural stone and masonry materials, on the lower three to five feet of buildings to help visually anchor them to the ground is encouraged. f. High quality, low-maintenance materials are encouraged, as are durable building materials that will age well. Building colors. a. In general, subdued colors typical of the muted native grasses, wood, rocks and soil of the high Colorado plains and Brighton's natural setting are to be used as primary colors. The use of warm and darker tones with low reflectivity is recommended, although alternate color schemes may be considered at the discretion of the Community Development Department. b. Accent and trim colors shall complement and enhance the effect of the primary building color. c. Roof colors shall be muted or otherwise be compatible with the dominant building color. d. Use of bright colors (including bright white) that may streak, fade or generate glare is discouraged. e. A bright or primary color used for accent elements, such as door and window frames and architectural details, may be considered when incorporated into a set of overall design guidelines. Colors or accents considered by the Community Development Department to be bold, brash, intense, fluorescent, black or metallic shall not be used, unless approved in writing by the Community Development Department for specific and limited uses. Prohibited or restricted elements. The following examples of prohibited or restricted elements are to be considered an inclusive, but not exhaustive, list of such elements. Where there is a dispute regarding these regulations, the decision of the Community Development Director shall be considered final. The use of smooth-faced concrete block, tilt-up concrete panels, metal siding and large expanses of unarticulated stucco shall be prohibited as a predominant exterior building material. Building or design elements that may function as signage. ---PAGE BREAK--- 16-59 Roof lights. Translucent, plexiglass, glossy metal or backlit vinyl awnings or illumination of such awnings. Reflective or mirrored glass at pedestrian levels. Painted or unpainted metal. Other undesirable design elements, as determined by the Community Development Department. Architectural details. Building entrances. a. Building entrances should be easily identified through the use of design and detailing, as well as relate to the human scale. b. Locate main entrances to be clearly identifiable from primary driveways and drop- offs. Incorporate clearly defined, highly visible customer entrances for a principal building within a development. Enhance each entrance with at least three of the following features: 1. Canopies or porticos. 2. Overhangs. 3. Recesses/projections. 4. Arcades. 5. Raised corniced parapets over the door. 6. Peaked roof forms. 7. Arches. 8. Outdoor patios. 9. Display windows. 10. Architectural details such as tile work and moldings that are integrated into the building structure and design. 11. Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. ---PAGE BREAK--- 16-60 c. Primary entrances should be designed so as to be accessible to handicapped users without the need for complex ramp systems. d. All entrances shall be effectively lit. e. The use of entranceways as transitions from the building to the ground, through the use of walls, terraces, grading and plant materials, should be considered. f. The use of terraces or porticos to define entrances should be considered. Windows/glass. a. The use of highly reflective or glare-producing glass with a reflective factor of 0.25 or greater is prohibited, unless specifically approved in writing by the Community Development Department. b. Clear or tinted glass shall be used for storefronts, windows and doors. c. The use of windows is required in areas where there exists significant pedestrian activity, or to assist in breaking up the appearance of blank and/or unarticulated walls. Windows should generally be for display purposes or to allow for viewing both into and out of the interior of the building. Service, loading and trash areas. a. Service areas should be visually unobtrusive and integrated within the overall design theme of the building or development and landscape, so that the architectural design features are continuous and uninterrupted. 1. Dumpsters, other trash receptacles and recycling containers shall not be visible above the height of the surrounding enclosure. ---PAGE BREAK--- 16-61 2. To enhance the general safety of the dumpster enclosure, the interior ground area of the enclosure should be clearly visible from the entrance to the enclosure, with a minimum eight-inch vertical opening. b. Service entrances, loading docks, waste disposal areas and other similar uses should be oriented away from arterial and collector streets and residential areas; such areas should be screened with fencing, walls and/or landscaping consistent with that used elsewhere within the development. c. Location of service areas should be coordinated with adjacent developments, so as to maximize the use of shared service drives. Mechanical equipment. a. Ground level mechanical equipment, including but not limited to compressors, air conditioners, antennas, pumps, heating and ventilating equipment, emergency generators, chillers, elevator penthouses, water tanks, stand pipes, solar collectors, satellite dishes and communications equipment, shall be screened so as to be visually unobtrusive and integrated within the overall design theme of the building or development and landscape, so that the architectural design features are continuous and uninterrupted. b. The location of building-mounted equipment mechanical, refrigeration, electrical, gutters, downspouts, etc.) must result in these elements being hidden or screened so as to be minimally obtrusive. Building mounted elements shall be painted or otherwise match the color of the surrounding building material, unless specifically approved by the Community Development Department. Energy conservation. All buildings should be energy efficient to conserve natural resources. Appropriate design considerations include, but are not limited to: Siting and design should be conducted so as to maximize the use of solar gain, while not depriving adjacent (existing and proposed) buildings of a similar opportunity. ---PAGE BREAK--- 16-62 Orient and cluster buildings so as to take advantage of prevailing summer winds, while buffering against adverse winter wind conditions. Various building materials and their associated insulation characteristics. Arrangement and design of windows and doors. Direct solar or photovoltaic activity. Earth sheltering with creative land forming. Natural ventilation of outdoor, indoor and attic spaces. Site furniture. Site furnishings, including but not limited to benches, waste receptacles, planters, railings and bollards, are required, and must complement the overall design theme of the development. All components should be low maintenance, highly durable and resistant to vandalism and theft. Outdoor seating. a. Locate benches at major building drop-off areas, transit stops, pedestrian courtyards and plazas; other areas to be considered are those that receive direct sunlight in the winter, are sheltered from winds and are shaded in the summer. b. Where seating is fixed, provide a variety of arrangements (linear and grouped), which accommodate two to six persons. Planters and waste receptacles. Planters and waste receptacles should be designed so as to coordinate with other furniture. Tree grates. Should be used to prevent excessive soil compaction and to give added interest to the pavement. Tree grates should be fabricated of a strong, durable material. Accessory structures. Accessory structures must incorporate matching design and materials of the primary building. The location of United States Postal Service mail, express mail and other delivery structures kiosks) and areas shall not interrupt the normal course or flow of pedestrian or vehicular traffic. (Ord. 1820 2004) ---PAGE BREAK--- 16-63 ARTICLE 16-20 Improvements Sec. 16-20-10. Approval required. No improvements shall be made until all plans, profiles and specifications have been reviewed and approved by the City Engineer. (Ord. 1008 §5(part), 1979) Sec. 16-20-20. Surface improvements. Improvements to be provided by the subdivider shall include, but not be limited to: Survey monuments: permanent survey monuments, range points and lot pins shall be set at locations approved by the City Engineer. Monuments shall be set not more than one thousand four hundred (1,400) feet apart along any straight boundary line, at all angle points, and at the beginning, end and points of change of direction or change of radius of any curved boundary. In addition, half-inch steel pins (or larger) shall be set at all lot corners. Affixed securely to the top of each such monument shall be the Colorado registration number of the land surveyor responsible for the establishment of the monument; Curbs, gutters and sidewalks; Street and alley grading and paving; Widening and realignment of existing streets: Where a subdivision borders an existing narrow street or when the comprehensive plan indicates plans for realignment or widening a street that would require use of land in the subdivision, the applicant shall be required to improve and dedicate such areas for widening or realignment of such streets. Frontage streets shall be improved and dedicated at the applicant's expense to the full width as required by these subdivision regulations. Land dedicated for any street purposes may not be counted in satisfying yard or area requirements of the zoning ordinance; Street name and regulatory signs, including bicycle trail markings; Bridges, culverts and open drainage channels (where required); Bikeways: The subdivider shall construct a bicycle trail along any drainage channel which is required within the subdivision and is shown on the future land use map of the comprehensive plan as a greenbelt park. In addition, a bicycle trail shall be constructed, in lieu of sidewalk, on the side of an arterial street which borders the subdivision, if a trail has not been constructed on the opposite side of such street at an earlier date. A bicycle trail, in lieu of a sidewalk, shall be constructed on one side of an arterial street, existing or proposed within the subdivision; Bicycle and pedestrian easements: required bicycle and pedestrian easements shall be improved as determined by the City; ---PAGE BREAK--- 16-64 Street lights: the utility's standard ornamental street lighting shall be installed; (10) Debris and waste: no cut trees, timber, debris, earth, rocks, stones, soil, junk, rubbish or other waste materials of any kind shall be in any land or left or deposited on any lot at the time of the issuance of a certificate of occupancy, and removal of same shall be required from each building site, prior to issuance of any certificate of occupancy for each respective building site; (11) Fencing: each subdivider and/or developer shall be required to furnish and install fences wherever the City determines that such fencing is necessary to protect the public health, safety and welfare. The fences shall be constructed according to standards established by the City Engineer. No permanent certificate of occupancy shall be issued until such fence improvements have been duly installed. (Ord. 1008 1979) Sec. 16-20-30. Utilities. The following utilities shall be provided and connected to existing public systems by the subdivider: Water lines and fire hydrants; Sanitary sewer lines; Storm drainage improvements and storm sewers (where required); In the event oversized water and/or sewer lines are required, arrangements for reimbursement shall be made through which the subdivider shall be allowed to recover the cost of the utility lines that have been provided by him or her beyond the needs of his or her development. The method and time of payment under the reimbursement shall be established in accordance with the City's current policies relating to the emplacement of such oversized utilities, but in no case shall the reimbursement period be extended beyond eight years from the date the improvement is made. (Ord. 1008 1979) Sec. 16-20-40. Underground utilities and other improvements. All telephone, television and electric distribution services, lines and street lighting circuits shall be placed underground. The subdivider shall be responsible for complying with the requirements of this Section, and shall make the necessary arrangements, including any construction or installation of such facilities, and shall be subject to all applicable laws and regulations for the construction of the same. Transformers, switching boxes, terminal boxes, meter cabinets, pedestals, ducts, electric transmission and distribution feeder lines, communication long-distance trunk and feeder lines, and other facilities necessarily appurtenant to such underground utilities may be placed aboveground. Such facilities shall be placed within easements or public rights-of-way provided for the particular facility. Other improvements not specifically mentioned in this Article shall be required if the City determines that such improvements are necessary to protect the public's health, safety and welfare. (Ord. 1008 1979) ---PAGE BREAK--- 16-65 Sec. 16-20-50. Finished plans required for acceptance of improvements. Finished plans of all public improvements as installed shall be required before the City will accept the improvements. The working plans as approved are acceptable if they remain true after construction and as long as this is attested to by a registered engineer. (Ord. 1008 1979) Sec. 16-20-60. Release of performance bond. The subdivider shall be responsible to have the improvements installed, paid for and finally accepted by the City. The guarantees are required of the subdivider to meet this standard. If applicable, as each stage of improvement is completed, inspected and accepted, the amount of the performance bond sufficient to cover that phase of the development shall be released upon written request by the subdivider to the City Council. (Ord. 1008 1979) Sec. 16-20-70. Extended guarantee. The subdivider shall be responsible for the repair, replacement and/or maintenance of any improvement required in this Article, which fails to function properly or ceases to meet the standards of the City, due to defects in material or workmanship, within a period of one year from the date of implacement. Failure to comply with this provision shall be punishable by the provisions outlined in Section 16-36-10 of this Chapter. (Ord. 1008 1979) ARTICLE 16-24 Public Dedications and Reservations Sec. 16-24-10. Dedication of rights-of-way. Dedication of rights-of-way for public streets, bikeways, pedestrian easements, drainage easements, utility easements and all other rights-of-way shall be required in accordance with these regulations or as otherwise found necessary to protect the public's health, safety and welfare. Dedication of rights-of-way shall be made by the subdivider on the final plat, unless otherwise directed by the City Council. (Ord. 1008 1979) Sec. 16-24-20. Local parks and open space. Public parkland and open space shall be dedicated to the City at a rate of three acres per one thousand (1,000) of population for local neighborhood parks and open space exclusive of school sites. Computation for parkland and open space as required shall be as follows: Total dwelling units proposed (or lots for single-family housing units) within the development X 2.96 persons per household. Example: 670 dwelling units X 2.96 persons = 1,998 persons 3 acres x 1.998 = 5.994 acres Public parkland and open space to be dedicated to the City to meet the park and open space requirement for the development shall be located so as to provide a focus for the residential of parkland/open space. ---PAGE BREAK--- 16-66 development. When possible, local parks should adjoin school property and/or neighborhood commercial centers. All park and open space to be dedicated to the City shall be free of natural hazards (i.e. floodplains, steep slopes, water bodies) and manmade facilities (i.e. detention or retention basins, gas wells, etc.) which inhibit the optimum development and utilization of the park and open space land for park and open space use. All parkland and open space to be dedicated to the City shall contain minimum improvements to include, but not be limited to, curb and gutter where the park abuts a street, storm drainage and sewer and water service to the property. (Ord. 1253 §1(part), 1987) Sec. 16-24-30. Community parks and open space. Public parks and open space shall be dedicated at a rate of three acres per one thousand (1,000) population for community parks exclusive of school sites. Computation of the park and open space requirements shall utilize the same method as defined in Section 16-24-20(a). Public parkland and open space to be dedicated to the City to meet the community park requirement for the development shall be located so as to provide a focus for the City and its residential neighborhoods. The location of community parks has been identified in Figure 1 of the parks and open space element of the City's growth and development policy plan. When a development is proposed in the vicinity of the general location of a proposed community park as defined in Figure 1 of the parks and open space element of the growth and development policy plan, the Director of Parks and Recreation shall make a determination as to the precise location and configuration of the community park. Adjoining developments shall be required to provide an area for community park purposes based upon the formula as specified in Subsection of this Section. Should the size of the community park located within the development exceed the dedication requirements for community parks for the development, the developer shall be required to reserve the remaining land for City acquisition based upon the fair market value of the unimproved land as zoned for urban development at the time of submission of the first subdivision plat. When the project location is not within the vicinity of a community park, the developer shall be required to pay a fee in lieu of land dedication equal to a rate of three acres per one thousand (1,000) population based upon the fair market value of the unimproved land as zoned for urban development. The fair market value of the land shall be established by an appraisal commissioned by the City at the developer's expense for the purposes of establishing the value of parkland which would have been dedicated. The dedication of community parkland, or the payment of fee in lieu of land dedication, shall be required by the City at time of final plat approval. All fees collected for the purposes of community parkland acquisitions shall be placed in a community park development fund to be utilized for the acquisition of land for community park purposes. For purposes of the development of local and community parks and open space, each project shall be required to pay a park development fee based upon the number of units (or lots) proposed within the development. The amount of the park development fee shall be established by resolution ---PAGE BREAK--- 16-67 of the City Council based upon the site development cost to the City to improve local and community parkland on an acre basis, and shall be due and payable at the time of issuance of building permits. (Ord. 1253 §1(part), 1987) Sec. 16-24-40. Exemption to parkland dedication requirements; infill development. All infill development currently serviced by existing local parks and lying within the infill development boundary line as described in Exhibit A to the ordinance codified in this Article shall be exempt from the parkland dedication requirement. However, all infill development shall be required to pay the park development fee established by City Council. (Ord. 1253 §1(part), 1987) Sec. 16-24-50. Park development fee. To provide recreational opportunities for those employed within the City, the City Council may request all commercial and industrial projects to pay a park development fee up to twenty percent (20%) of the fair market value of the unimproved land as zoned contained within the project site. Such fee shall be used for community park improvements which benefit the development. (Ord. 1253 §1(part), 1987) Sec. 16-24-60. Private outdoor recreation and open space. Whenever the residential density of a development project meets or exceeds eight dwelling units per gross acre, the developer shall be required to provide twenty-five percent (25%) of the development site in common outdoor recreation and open space. In meeting this requirement, the developer may not include in the calculation any area within a required setback or surface parking area. In providing for private common outdoor recreation and open space within a project, the developer may increase the net density of his or her project based upon the total number of units which could have been built on the site prior to the provision of private common recreation and open space. In no instance shall the provision of private outdoor recreation and open space as required by this Section be construed as meeting the developer's requirement for public parks and open space. (Ord. 1253 §1(part), 1987) Sec. 16-24-70. Density bonus for bicycle and pedestrian paths. To encourage the improvement of City-wide bicycle and pedestrian trails as shown in Figure 1 of the parks and open space element of the growth and development policy plan, the developer may receive a 1.5 density bonus based upon the value of the trail improvements as it relates to the value of an acre of unimproved ground within the development as zoned. (Ord. 1253 §1(part), 1987) Sec. 16-24-80. Fair contribution for public school sites. For all subdivisions of land, the subdivider shall dedicate land for a public school site to the Brighton School District 27J ("School District"), or in the event the dedication of land is not deemed feasible or in the best interest of the School District, as determined by the Superintendent or designee ---PAGE BREAK--- 16-68 of the School District, the subdivider shall make a payment in lieu of land dedication. The amount of such contribution of either land or payment in lieu of land (the "Fair Contribution for Public School Sites") shall be determined pursuant to the tables set forth in subsection below. The following uses shall be excepted from the Fair Contribution for Public School Sites requirements: Construction of any nonresidential building or structure; Alteration, replacement or expansion of any legally existing building or structure with a comparable new building or structure which does not increase the number of residential dwelling units; Construction of any building or structure for a limited term stay or for long-term assisted living, including but not limited to bed and breakfast establishments, boarding or rooming houses, family-care homes, group-care homes, halfway houses, hotels, motels, nursing homes or hospices; and Construction of any residential building or structure classified as housing for older persons, pursuant to the Federal Fair Housing Act, as amended. In the event the Fair Contribution for Public School Sites includes the dedication of land, the subdivider shall provide to the City, prior to recording of the final plat, proof that such dedication has been made to the School District in accordance with the following requirements: The subdivider has conveyed to the School District by general warranty deed title to the land slated for dedication, which title is free and clear of all liens, encumbrances and exceptions (except those approved in writing by the School District), including without limitation, real property taxes, which will be prorated to the date of conveyance or dedication; At the time of conveyance, the subdivider has provided a title insurance commitment and policy in an amount equal to the fair market value of the dedicated property; and Arrangements have been made such that at the appropriate time, and not later than the issuance of the first building permit for the subdivision, the subdivider shall pay or provide for the payment of one-half of street development costs, and shall either provide or pay or make provision for payment of the costs associated with making improvements for water, sewer and utilities stubbed to the dedicated land, and for overlot grading of the dedicated land. If the Fair Contribution for Public School Sites includes payment in lieu of dedication of land, then prior to the issuance of any building permit for any residential dwelling unit in the subdivision not otherwise exempt under Subsection above, the City shall be provided with proof that, for the lot for which the permit is sought, the required payment in lieu of dedication of land has been made to the School District. The following Table 1, containing School Planning Standards and Calculations of in-Lieu Fees, shall be used to determine the Fair Contribution for Public School Sites required for the various occupancies addressed in such table: ---PAGE BREAK--- 16-69 (Ord. 1570 1999) ---PAGE BREAK--- 16-70 ARTICLE 16-28 Fees Sec. 16-28-10. Schedule of fees. There shall be required a fee for each subdivision plat submitted for approval. Such fees shall be paid at the time of submission of the preliminary and final plat for major subdivisions, or the final plat for minor subdivisions. The following fees shall be paid to the City Clerk: For minor subdivisions, one hundred dollars ($100.00). For the preliminary plat of a major subdivision, one hundred fifty dollars ($150.00). For each final plat of a major subdivision, one hundred fifty dollars ($150.00) and five dollars ($5.00) per acre or portion thereof. Any additional costs made necessary by unusual circumstances or more than ordinary review and other services being provided by the City. (Ord. 1008 1979) ARTICLE 16-32 Variances Sec. 16-32-10. Generally. The City Council may authorize variances from these regulations in cases where, due to exceptional topographical conditions or other conditions peculiar to the site, an unnecessary hardship is placed on the subdivider. Such variances shall not be granted if it would be detrimental to the public good or impair the intent and purposes of these regulations. The conditions of any variance authorized shall be stated in writing in the minutes of the City Council with justifications set forth. The variance shall be in keeping with the intent of the comprehensive plan for the City. (Ord. 1008 1979) Sec. 16-32-20. Planned unit development variances. Planned unit development (PUD) variances to these regulations may occur when the application for a PUD has been processed and approved by the City in accordance with the City zoning ordinance. All planned unit developments shall meet the applicable requirements of the zoning ordinance and shall also meet all applicable requirements of these regulations. (Ord. 1008 1979) ---PAGE BREAK--- 16-71 ARTICLE 16-36 Penalties and Civil Remedies Sec. 16-36-10. Violations, penalties and other actions. Any person who violates any of the provisions of these regulations shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not more than three hundred dollars ($300.00) or a jail sentence of not more than ninety (90) days or by both such fines and imprisonment. Each day that a violation of these regulations continues shall constitute a separate and distinct offense, and shall be punishable as such. In case of a failure to comply with any requirements of these regulations, the City or any person affected by such failure may in addition to other remedies provided by law, initiate a civil action for injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use. The remedy provided for in this Section shall be accumulative and not exclusive and shall be in addition to any other remedies provided by law. (Ord. 1008 1979)