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Home My Public Portal AboutTBP 2011-11-16 BOARD OF TRUSTEES REGULAR MEETING AGENDA WEDNESDAY, NOVEMBER 16, 2011 FRASER TOWN HALL Members of the Board may have dinner together @ 5:30 p.m. - Fraser Town Hall 1. Workshop – 6:002012Budget 2. Regular Meeting - 7:00Roll Call 3. Approval of Agenda 4. Consent Agenda a) Minutes – November 2, 2011 b) Resolution 2011-11-04 Wapiti Drainage Swale project- Final Acceptance 5. Open Forum a) Business not on the agenda 6. Updates 7. Public Hearing a) Zoning Code Amendments b) 2012 Budget Hearing 8. Discussion and Possible Action Regarding a) Resolution 2011-11-03 Fourth amendment to SIA Cozens Pointe & surety reduction b) Personnel handbook updates 9. Community Reports 10. Staff Reports 11. Other Business 12. Executive Session: For a conference with the Town’s Special Counsel for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b) and for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e) regarding an annexation agreement. 13. Executive Session; Town Manager Evaluation: For discussion of a personnel matter under C.R.S. Section 24-6-402(4)(f)(I) and not involving any specific employees who have requested discussion of the matter in open session. Upcoming Meetings: Wed. December 7, 2011 Board of Trustees Wed. January 25, 2012 Planning Commission Posted November 10, 2011 Lu Berger ñÈûØËÖØËéÎÆÏúÑØËÒ Town Board Briefing November 16, 2011 We’ll begin the evening with a 2012 Budget Workshop at 6pm. The regular meeting will begin at 7pm. We have two public hearings. The first is regarding a series of amendments proposed to the Zoning Regulations. The second is for the 2012 Budget. Come early and get a good seat, I expect both these hearings to generate a standing room only audience. See enclosed materials from the Planner regarding the Cozens Pointe Subdivision Improvement Agreement. Enclosed in your packet is a draft update to our Personnel Handbook. New language is red, deletions are in strikethrough. This is clarification language, confirming or enhancing language and/or policies that are currently in place. We are again proposing an executive session regarding annexation agreement discussions, followed by an executive session to look back on 2011 and forward to 2012 as it relates to the Town Manager Annual Performance Evaluation. I’ll send out an evaluation form separately. As always, feel free to contact me if you have any questions or need any additional information. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com FRASER BOARD OF TRUSTEES MINUTES DATE: Wednesday, November 2, 2011 MEETING: Board of Trustees Regular Meeting PLACE: Fraser Town Hall Board Room PRESENT Board: Mayor Fran Cook; Mayor Pro-Tem Steve Sumrall; Trustees: Peggy Smith, Vesta Shapiro, Scotty Brent, Philip Naill and Eric Hoyhtya Staff: Town Manager Jeff Durbin; Town Clerk, Lu Berger; Finance Manager Nat Havens; Public Works Director Allen Nordin; Town Planner, Catherine Trotter; Police Chief, Glen Trainor Others: See attached list Mayor Cook called the meeting to order at 6:05 p.m. 1.Workshop: 2012 Budget 2. Regular Meeting: Roll Call 3. Approval of Agenda: Agenda is amended to add 8c, Chamber key card program. motion Trustee Hoyhtya moved, and Trustee Brent seconded the to approve the Motion carried: 7-0. Agenda as amended. 4. Consent Agenda: a) Minutes – October 19, 2011 b) Ordinance 388 – Amending Ordinance #380 by extending the temporary moratorium on Electronic Message Center signs c) Ordinance 390 Medical Marijuana Centers moratorium extension motion Trustee Smith moved, and Trustee Shapiro seconded the to approve the Motion carried: 7-0. consent agenda. 5. Public Hearing a) Subdivision Regulations motion Trustee Hoyhtya moved, and Trustee Brent seconded the to open the public Motion carried: 7-0 hearing on the Subdivision Regulations. Proof of publication was entered into the record. Page 2 of 4 Staff has proposed certain amendments to the subdivision regulations which are located in Chapter 17 of the Fraser Municipal Code. The Code states that “the Planning Commission (PC) may propose amendments to the subdivision regulations, as needed. The PC shall recommend approval or approval with conditions or denial of the proposed amendments at a public hearing following public notice. The amendments must be approved by the Town Board (TB) at a public hearing following public notice. TP Trotter outlined the changes recommended to the subdivision regulations. Clark Lipscomb addressed the Board/Commissioners on his concerns with the proposed changes. TP Trotter will make changes to the subdivision regulations and bring it back to the Board & Commissioners. motion Trustee Shapiro moved, and Trustee Brent seconded the to close the public Motion carried: 7-0 hearing on the Subdivision Regulations. b) Standards motion Trustee Naill moved, and Trustee Hoyhtya seconded the to open the public Motion carried: 7-0 hearing on the Standards. Proof of publication was entered into the record. TP Trotter outlined the proposed changes to the Fraser Municipal Code. This public hearing will be continued until January 18, 2012. motion Trustee Brent moved, and Trustee Shapiro seconded the to continue the public Motion carried: 7-0 hearing on the Standards until January 18, 2012. 6. Open Forum: 8.Discussion and Possible Action Regarding: c) Chamber Key Card Program Trustee Naill disclosed to the Board his company’s involvement with the Key Card Program. He recused himself from the discussion. motion Trustee Sumrall moved, and Trustee Hoyhtya seconded the to approve an Motion expenditure of $30,000.00 for the year 2011Chamber Key Card Program. carried: 6-0 7. Updates: a) Grand Beginnings Sheryl Shushan addressed the Board on current projects. Page 3 of 4 b) Headwater Trails Alliance Mara McKnight updated the Board on current HTA projects. 8. Discussion and Possible Action Regarding: a) Resolution 2011-11-01 Approval of the Joint Facilities Capital Replacement Reserve Study and 2012 Budget TM Durbin outlined the budget for the Board. Grand County #1 and Winter Park Ranch Water & Sanitation have approved the CRRS and the 2012 budget. motion Trustee Hoyhtya moved, and Trustee Brent seconded the to approve Resolution 2011-11-01 Approval of the Joint Facilities Capital Replacement Reserve Study and Motion carried: 7-0. 2012 Budget. b) Resolution 2011-11-02 Approving a contract for drainage work with Conroy Excavating PW Director Nordin described the drainage work encompassed in the contract. motion Trustee Naill moved, and Trustee Hoyhtya seconded the to approve Resolution Motion 2011-11-02 approving a contract for drainage work with Conroy Excavating. carried: 7-0. 9. Community Reports: 10. Executive Session: Trustee Hoyhtya moved, and Trustee Sumrall seconded the motion to open the Executive Session for a conference with the Town’s Special Counsel for a conference with the Town’s Special Counsel for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b) and for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e) regarding an annexation agreement and to includeSC Ferguson, TP Motion carried: 7-0. Trotter, PW Nordin, TC Berger and TM Durbin. In: 8:40 p.m. Out: 9:22 p.m. motion Trustee Hoyhtya moved, and Trustee Shapiro seconded the to close the Motion carried: 7-0. Executive Session. Attorney’s Opinion Required by C.R.S. 24-6-402(2)(d.5)(II)(B). As the attorney representing the Town of Fraser, I am of the opinion that the entire Executive Session, which was not recorded, constituted a privileged attorney-client communication. Boots Ferguson, Special Counsel Page 4 of 4 11. Staff Reports 12. Other Business motionMotion Trustee Hoyhtya moved, and Trustee Shapiro seconded the to adjourn. carried: 7-0. Meeting adjourned at 9:24 p.m. Lu Berger, Town Clerk TOWN OF FRASER RESOLUTION NO. 2011-11-04 A RESOLUTION ACCEPTING THE COMPLETED IMPROVEMENTS FOR THE TOWN OF FRASER – DRAINAGE SWALE IMPROVEMENTS PROJECT AND RELEASE OF FINAL PAYMENT. WHEREAS, Lil’ Dirt Works, LLC has completed all work associated to the Public Works contract for the Town of Fraser - Drainage Swale Improvements Project; and WHEREAS, all improvements have been satisfactorily constructed in accordance with the approved plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. The Town Board of Fraser, Colorado hereby accepts the completed improvements for the drainage swale along a portion of Wapiti Drive constructed by Lil’ Dirt Works, LLC. 2. The Town Board of Fraser, Colorado herby approves the release of the final retainage related to this contract in the amount of One Thousand Two Hundred Twenty One Dollars and Fifty Seven/100 ($1,221.57). 3. All documents must be executed within five (5) days of the date of this Resolution or this approval shall no longer be effective. th READ, PASSED AND ADOPTED BY THE BOARD OF TRUSTEES THIS 16 DAY OF NOVEMBER 2011. Votes in favor: ___ BOARD OF TRUSTEES OF THE Votes opposed: ___ TOWN OF FRASER, COLORADO Absent: ___ Abstained: ___ BY: Mayor ATTEST: (S E A L) Town Clerk Planner Briefing for Zoning Amendments TB Public Hearing November 16, 2011 Public Hearing on proposed amendments to the Zoning Code (Chapter 16 of the Fraser Municipal Code: Included in the packet are the following zoning documents: Proposed new Fraser Sign Code Existing Fraser Sign Code Draft Business Regulations Proposed amendments to Section 16-1-40, entitled Definitions and Section 16-1- 50, entitled Planning Commission The Planning Commission held a public hearing on the proposed amendments to the Fraser Zoning Code on September 28, 2011 and recommended approval with a few final edits. The sign code is a complete revision. As such, I have provided the existing Fraser Sign Code for your review. The proposed amendments to the Business Zone regulations attempt to delete the flexible nature of the zoning regulations by eliminating any reference to the absolute and relative policies and the point analysis for a proposed project. The deletions in the code red bold. are shown with strikethrough and the proposed amendments are in I have not included a detailed memo on the changes, because these regulations are not nearly as lengthy and detailed as the subdivision regulations (which you all did a great job on reviewing)~! It is also our intent tohave the exterior lighting and landscaping design standards in the Business Zone Regulations mirror the design standards in the Subdivision Regulations. Per the discussion at the last Town Board meeting, these standards will be incorporated into the new Chapter 14 of the Fraser Municipal Code, entitledMinimum Design Criteria and Construction Standards and the reader will be referred to Chapter 14 in both the Business Zone Regulations and the Subdivision Regulations. Please call with comments/questions. Thanks. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com Sec. 16-1-40. Definitions. The following words and phrases shall have the following meanings when used in this Chapter, unless the context otherwise requires: ß¾±´«¬»°±´·½§³»¿²¿°±´·½§©¸·½¸ô«²´»·®®»´»ª¿²¬¬±¬¸»¼»ª»´±°³»²¬ô³«¬¾» ·³°´»³»²¬»¼º±®¿°»®³·¬¬±¾»·«»¼ò ß½½»±®§¾«·´¼·²¹±®¬®«½¬«®»³»¿²¿¾«·´¼·²¹±®¬®«½¬«®»±²¬¸»¿³»´±¬©·¬¸¬¸»¾«·´¼·²¹±® ¬®«½¬«®»¸±«·²¹¬¸»°®·²½·°¿´«»ô¾«¬¸±«·²¹¿«»½«¬±³¿®·´§·²½·¼»²¬¿´¿²¼«¾±®¼·²¿¬»¬±¬¸» °®·²½·°¿´«»ò ß½½»±®§«»³»¿²¿«»½«¬±³¿®·´§¿±½·¿¬»¼©·¬¸ô¾«¬«¾±®¼·²¿¬»¬±ô¬¸»°®·²½·°¿´«»±² ¬¸»¿³»´±¬ò ß¼¼·¬·±² ³»¿²¿²»¨¬»²·±²±®·²½®»¿»·²º´±±®¿®»¿±®¸»·¹¸¬±º¿¾«·´¼·²¹±®¬®«½¬«®»ò ß°°´·½¿²¬³»¿²¬¸»±©²»®±º®»½±®¼±º¬¸»°®±°»®¬§ô©¸·½¸·¬¸»«¾¶»½¬±º¿²¿°°´·½¿¬·±²ô±® ¬¸»¼«´§¿«¬¸±®·¦»¼¿¹»²¬±º¬¸»±©²»®±®¬¸»«½½»±®·²·²¬»®»¬òÌ¸»¿°°´·½¿²¬·®»°±²·¾´»º±® ³»»¬·²¹¿´´½±²¼·¬·±²±²¬¸»·«¿²½»±º¬¸»°»®³·¬ô¿²¼±¬¸»®©·»»²«®·²¹¬¸¿¬¿´´°±´·½·»¿®» ·³°´»³»²¬»¼·²¬¸»¼»ª»´±°³»²¬ò×²¬¸»¿¾»²½»±º¬¸»±©²»®±º®»½±®¼ô±®¿¼«´§¿«¬¸±®·¦»¼¿¹»²¬ô ¬¸»¿½¬«¿´±½½«°¿²¬¿¬¬¸»¼»ª»´±°³»²¬©·´´¾»¿«³»¼¬±¾»¿½¬·²¹¶±·²¬´§¿²¼»ª»®¿´´§¿¬¸» ¿°°´·½¿²¬º±®¬¸»°«®°±»±º¬¸·Ý¸¿°¬»®ò ß°°®±ª¿´ô·²®»º»®»²½»¬±¿²¿°°´·½¿¬·±²³¿¼»©·¬¸·²¬¸»Þ«·²»¦±²»ô³»¿²¿¼»½··±² ·²¼·½¿¬·²¹¬¸¿¬¬¸»¼»ª»´±°³»²¬·³°´»³»²¬¿´´®»´»ª¿²¬¿¾±´«¬»°±´·½·»¿²¼¸¿»¿®²»¼¦»®±±® ³±®»°±·²¬°«®«¿²¬¬±¬¸»®»´¿¬·ª»°±´·½·»¾¿»¼«°±²Ì±©²®»ª·»©±º¬¸»¿°°´·½¿¬·±²ô¿²¼¬¸« ¬¸¿¬¿¼»ª»´±°³»²¬°»®³·¬³¿§¾»·«»¼òß°°®±ª¿´³¿§¸¿ª»½±²¼·¬·±²¿¬¬¿½¸»¼ô¿²¼·º±ô¬¸» ½±²¼·¬·±²¿®»¿°¿®¬±º¬¸»¼»ª»´±°³»²¬°»®³·¬ò ß®½¸·¬»½¬«®¿´¬§´»¿²¼¼»¬¿·´·²¹ ³»¿²¬¸»¬§´»±º¿®½¸·¬»½¬«®»±º¿¾«·´¼·²¹ô·²¼·½¿¬»¼¾§ º»¿¬«®»«½¸¿ô¾«¬²±¬´·³·¬»¼¬±æ»¨¬»®·±®³¿¬»®·¿´¿²¼½±´±®ô®±±º°·¬½¸ô·¦»¿²¼¸¿°»±º ©·²¼±©¿²¼¼±±®ô«»±º¼»½±®¿¬·ª»·¬»³¿²¼±¬¸»®ò Þ»¼¿²¼¾®»¿µº¿¬³»¿²¿¾«·²»°®±ª·¼·²¹®±±³¿²¼«»±º¾¿¬¸º¿½·´·¬·»¬±¬±«®·¬±²¿ ²·¹¸¬´§¾¿·ôº±®½±³°»²¿¬·±²ô©¸·½¸¾«·²»··²½·¼»²¬¿´¬±¬¸»«»±º¬¸»°®»³·»º±®®»·¼»²¬·¿´ °«®°±»òÍ¬®«½¬«®»½±²¬¿·²·²¹«½¸¾«·²»¸¿´´½±²¬¿·²²±³±®»¬¸¿²»ª»²øé÷¾»¼®±±³ô±º ©¸·½¸²±³±®»¬¸¿²º·ª»øë÷¾»¼®±±³¿®»¿´´±©»¼º±®²·¹¸¬´§®»²¬¿´°«®°±»ò Þ«·´¼·²¹ ³»¿²¿²§¬®«½¬«®»ô·²½´«¼·²¹³±¾·´»¸±³»ô¾«·´¬º±®¬¸»¸»´¬»®±®»²½´±«®»±º °»®±²ô¿²·³¿´ô½¸¿¬¬»´±®°®±°»®¬§±º¿²§µ·²¼ô¾«¬»¨½´«¼·²¹¿¼ª»®¬··²¹·¹²ô¾±¿®¼±®º»²½»ò Þ«·²»±ºº·½»³»¿²¿²±ºº·½»º±®¬¸»½±²¼«½¬±º¹»²»®¿´¾«·²»¿²¼»®ª·½»¿½¬·ª·¬·»ô«½¸¿ ±ºº·½»±º®»¿´»¬¿¬»±®·²«®¿²½»¿¹»²¬ô¬±½µ¾®±µ»®ô»½®»¬¿®·¿´±®¬»²±¹®¿°¸·½»®ª·½»ô±® ±ºº·½»º±®¹»²»®¿´¾«·²»¿½¬·ª·¬·»¿²¼¬®¿²¿½¬·±²ô©¸»®»¬±®¿¹»ô¿´»±®¼·°´¿§±º ³¿²«º¿½¬«®»¼¹±±¼±²¬¸»°®»³·»·²±¬¿´´±©»¼ò Ý¿°·¬¿´×³°®±ª»³»²¬Ð®±¹®¿³ ³»¿²¿¼±½«³»²¬¿¼±°¬»¼¾§¬¸»Ì±©²©¸·½¸±«¬´·²»¬¸»³¿¶±® ½¿°·¬¿´·³°®±ª»³»²¬¿½¬·ª·¬·»°´¿²²»¼¾§¬¸»Ì±©²·²¬¸»º«¬«®»ò Ý´¿·º·½¿¬·±² ³»¿²¿°¿®¬·½«´¿®½´¿¬¸¿¬¿¼»ª»´±°³»²¬³¿§¾»°´¿½»¼·²º±®®»ª·»©©·¬¸·²¬¸» Þ«·²»¦±²»«²¼»®¬¸»°®±ª··±²±º¬¸·Ý±¼»ò×²¬¸±»·²¬¿²½»©¸»®»¿¼»ª»´±°³»²¬¼±»²±¬ º¿´´«²¼»®±²»øï÷±º¬¸»¬©±øî÷½´¿·º·½¿¬·±²ø³¿¶±®°®±°±¿´±®³·²±®°®±°±¿´÷ô¬¸»Ð´¿²²·²¹ Ý±³³··±²¸¿´´°´¿½»¬¸»°®±°±¿´©¸»®»¬¸»Ý±³³··±²¼»»³¿°°®±°®·¿¬»ô±®·º³·²±®·² ²¿¬«®»ô³¿§½±²¼«½¬¿¬¿ºº»ª¿´«¿¬·±²¿²¼³¿µ»¿¼»½··±²¾¿»¼±²¸±©©»´´¬¸»°®±°±¿´ ·³°´»³»²¬¬¸»°®±ª··±²±º¬¸»Þ«·²»¦±²»òÌ¸»Ð´¿²²·²¹Ý±³³··±²¸¿´´¿´±¸¿ª»¬¸»®·¹¸¬ ¬±³±ª»¿°®±¶»½¬¬±¿¸·¹¸»®½´¿·º·½¿¬·±²·º¬¸»Ý±³³··±²¼»¬»®³·²»¬¸¿¬¬¸»°«®°±»±º¬¸· Ý±¼»©±«´¼¾»¬¾»»®ª»¼¾§¬¸»®»½´¿·º·½¿¬·±²òÌ¸»Ð´¿²²·²¹Ý±³³··±²¸¿´´®»½´¿·º§¿°®±¶»½¬ ©·¬¸·²¬»²øïð÷¼¿§¿º¬»®º·®¬®»ª·»©±º¬¸»¿°°´·½¿¬·±²¾§¬¸»Ý±³³··±²ò Ý±¿´¾«®²·²¹¿°°´·¿²½»³»¿²¿²§¿°°´·¿²½»¬¸¿¬«¬·´·¦»½±¿´º±®¸»¿¬·²¹ô½±±µ·²¹±®±¬¸»®·³·´¿® °«®°±»ò Ü»°»²¼»²¬³±¾·´»¸±³»³»¿²¿²§³±¾·´»¸±³»¬¸¿¬¼±»²±¬¸¿ª»¿º´«¸¬±·´»¬¿²¼¿¾¿¬¸±® ¸±©»®ò Ü»ª»´±°³»²¬³»¿²¿²§½¸¿²¹»·²¬¸»«»±º´¿²¼±®·³°®±ª»³»²¬¬¸»®»±²ô·²½´«¼·²¹ô¾«¬²±¬ ´·³·¬»¼¬±æ a. The construction, enlargement, reconstruction or renovation of any improvements which require a building permit. b. A change in use or intensity of use on the land, or within a structure. c. The placement of temporary structures on the land. d. Site clearance, removal or addition of vegetation, grading, dredging, mining, drilling, cut and fill activities, dumping soil or other materials, removal of soil or contouring of a site. Notwithstanding the foregoing, the following shall not be deemed to constitute development: a. Normal maintenance and repair of improvements which do not involve a change in use or intensity of use. b. Nonstructural interior improvements when they have no effect on the square footage of the existing improvements and are not associated with a change of use. Ü»ª»´±°³»²¬°»®³·¬³»¿²¿´»¹¿´¼±½«³»²¬·«»¼«°±²¿°°®±ª¿´±º¿²¿°°´·½¿¬·±²º±® ¼»ª»´±°³»²¬©·¬¸·²¬¸»Þ«·²»Æ±²»¿«¬¸±®·¦·²¹¿²¿°°´·½¿²¬¬±°®±½»»¼©·¬¸¸·±®¸»® ¼»ª»´±°³»²¬ò×¬·²±¬¿¾«·´¼·²¹°»®³·¬ò Ü©»´´·²¹ ³»¿²¿²§¾«·´¼·²¹±®°±®¬·±²¬¸»®»±º©¸·½¸·«»¼¿¬¸»°®·ª¿¬»®»·¼»²½»±®´»»°·²¹ °´¿½»±º±²»øï÷±®³±®»¸«³¿²¾»·²¹ô¾«¬»¨½´«¼·²¹¸±¬»´ô³±¬»´ô¬±«®·¬½±«®¬ô¾±¿®¼·²¹¸±«»ô ´±¼¹·²¹¸±«»ô®»±®¬½¿¾·²ô¸±°·¬¿´±®·³·´¿®«»ò Ü©»´´·²¹ô³«´¬·º¿³·´§³»¿²¿¾«·´¼·²¹ô±®°±®¬·±²¬¸»®»±ºô¼»·¹²»¼º±®±®±½½«°·»¼¾§¬©±øî÷±® ³±®»º¿³·´·»´·ª·²¹·²¼»°»²¼»²¬´§±º»¿½¸±¬¸»®ò Ü©»´´·²¹ô·²¹´»º¿³·´§³»¿²¿¼»¬¿½¸»¼¾«·´¼·²¹¼»·¹²»¼»¨½´«·ª»´§º±®±½½«°¿²½§¾§±²»øï÷ º¿³·´§ò Ü©»´´·²¹«²·¬³»¿²±²»øï÷±®³±®»®±±³·²¿¼©»´´·²¹¼»·¹²»¼º±®±½½«°¿²½§¾§±²»øï÷º¿³·´§ º±®´·ª·²¹°«®°±»¿²¼¸¿ª·²¹²±¬³±®»¬¸¿²±²»øï÷µ·¬½¸»²òß´´¼©»´´·²¹«²·¬¸¿´´½±²¬¿·²¿¬´»¿¬ º·ª»¸«²¼®»¼øëðð÷¯«¿®»º»»¬±ºº´±±®¿®»¿³»¿«®»¼±²¬¸»±«¬·¼»©¿´´©·¬¸¬¸»»¨½»°¬·±²±º ¿½½»±®§¼©»´´·²¹«²·¬ô©¸·½¸³«¬½±²¬¿·²¿¬´»¿¬¬©±¸«²¼®»¼øîðð÷¯«¿®»º»»¬±ºº´±±®¿®»¿ò Ü©»´´·²¹«²·¬ô¿½½»±®§³»¿²±²»øï÷±®³±®»®±±³·²¿¼©»´´·²¹¼»·¹²»¼º±®±½½«°¿²½§¾§ ±²»øï÷º¿³·´§º±®´·ª·²¹°«®°±»ô·²½·¼»²¬¿´¿²¼«¾±®¼·²¿¬»·²·¦»¿²¼½¸¿®¿½¬»®¬±¬¸»°®·³¿®§ ®»·¼»²½»¿²¼¸¿ª·²¹²±¬³±®»¬¸¿²±²»øï÷µ·¬½¸»²ò ß½½»±®§¼©»´´·²¹«²·¬¸¿´´½±²¬¿·²¿¬´»¿ ¬©±¸«²¼®»¼øîðð÷¯«¿®»º»»¬±º¸¿¾·¬¿¾´»º´±±®¿®»¿ò Ú¿³·´§³»¿²±²»øï÷±®³±®»°»®±²±½½«°§·²¹¿·²¹´»¼©»´´·²¹«²·¬¿²¼³¿·²¬¿·²·²¹¿ ½±³³±²¸±«»¸±´¼ô¾«¬²±¬·²½´«¼·²¹¾±¿®¼·²¹±®®±±³·²¹¸±«»ô´±¼¹»ô¸±¬»´ô³±¬»´ô¬±«®·¬ ½±«®¬±®·³·´¿®«»ò Ù®±¼»²·¬§³»¿²¬¸»®¿¬·±±º¬¸»²«³¾»®±º¼©»´´·²¹«²·¬°»®¿½®»±º¬¸»»²¬·®»¼»ª»´±°³»²¬ °¿®½»´ò Ø»·¹¸¬±º¾«·´¼·²¹·¬¸»ª»®¬·½¿´¼·¬¿²½»¿¾±ª»¿®»º»®»²½»¼¿¬«³³»¿«®»¼¬±¬¸»¸·¹¸»¬°±·²¬ ±º¬¸»¬®«½¬«®»òÌ¸»®»º»®»²½»¼¿¬«³¸¿´´¾»»´»½¬»¼¾§»·¬¸»®±º¬¸»º±´´±©·²¹ô©¸·½¸»ª»®§·»´¼¿ ¹®»¿¬»®¸»·¹¸¬±º¾«·´¼·²¹æ a. The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than five (5) feet above lowest grade. b. An elevation five (5) feet higher than the lowest grade when the sidewalk or ground surface described in Subparagraph a. above is more than five (5) feet above the lowest grade. c. The height of a stepped or terraced building is the maximum height of any segment of the building. Ø±³»±½½«°¿¬·±² ³»¿²¿²§«»½«¬±³¿®·´§°»®º±®³»¼©·¬¸·²¿¼©»´´·²¹¾§¬¸»·²¸¿¾·¬¿²¬ ¬¸»®»±ºô¾«¬©¸·½¸··²½·¼»²¬¿´¬±®»·¼»²½»«»òÍ«½¸¸±³»±½½«°¿¬·±²«»¸¿´´¸¿ª»²±»¨¬»®²¿´ »ª·¼»²½»»¨½»°¬¬¸»·¹²¿°»®³·¬¬»¼¸»®»·²¿²¼¸¿´´¾»±°»®¿¬»¼±²´§¾§°»®±²®»·¼·²¹±²¬¸» °®»³·»ò Ø±¬»´ô³±¬»´ô¾±¿®¼·²¹±®´±¼¹·²¹¸±«»³»¿²¿¾«·´¼·²¹¼»·¹²»¼º±®±½½«°¿²½§¿¬¸»³±®»±® ´»¬»³°±®¿®§¿¾·¼·²¹°´¿½»±º·²¼·ª·¼«¿´©¸±¿®»´±¼¹»¼©·¬¸±®©·¬¸±«¬³»¿´ô¿²¼·²©¸·½¸¬¸»®» ¿®»·¨øê÷±®³±®»¹«»¬®±±³ò Õ·¬½¸»² ³»¿²¿®±±³±®°±®¬·±²±º¿®±±³±®¬®«½¬«®»«»¼º±®¬¸»°®·³¿®§°®»°¿®¿¬·±²¿²¼ ½±±µ·²¹±º³»¿´¿²¼©¸·½¸½±²¬¿·²ô¿¬¿³·²·³«³ô¿µ·¬½¸»²·²µô®»º®·¹»®¿¬·±²º¿½·´·¬§¿²¼½±±µ·²¹ ¿°°´·¿²½»ò Ô±¬³»¿²¿°´±¬±®°¿®½»´±º®»¿´°®±°»®¬§ô¿¸±©²©·¬¸¿»°¿®¿¬»¿²¼¼·¬·²½¬²«³¾»®±® ´»¬¬»®±²¿°´¿¬®»½±®¼»¼·²¬¸»Ý±«²¬§Ý±«®¬¸±«»ô±®©¸»²²±¬±°´¿¬¬»¼·²¿®»½±®¼»¼«¾¼·ª··±²ô ¿°¿®½»´±º®»¿´°®±°»®¬§¿¾«¬¬·²¹«°±²¿¬´»¿¬±²»øï÷°«¾´·½¬®»»¬¿²¼¸»´¼«²¼»®»°¿®¿¬» ±©²»®¸·°ò Ô±¬¿®»¿³»¿²¬¸»²«³¾»®±º¯«¿®»º»»¬·²½´«¼»¼©·¬¸·²¿´±¬ô¿³»¿«®»¼©·¬¸·²¬¸» ¾±«²¼¿®·»±º¬¸»´±¬´·²»±²¿¸±®·¦±²¬¿´°´¿²»«°±²©¸·½¸¬¸»¾±«²¼¿®·»¸¿ª»¾»»²ª»®¬·½¿´´§ °®±¶»½¬»¼ò Ô±¬´·²»ôº®±²¬³»¿²¬¸»°®±°»®¬§´·²»¼·ª·¼·²¹¿´±¬º®±³¿¬®»»¬òÑ²¿½±®²»®´±¬ô±²´§±²»øï÷ ¬®»»¬´·²»¸¿´´¾»½±²·¼»®»¼¿º®±²¬´·²»ô¿²¼¬¸»¸±®¬»®¬®»»¬º®±²¬¿¹»¸¿´´¾»½±²·¼»®»¼¬¸» º®±²¬´·²»ò Ô±¬´·²»ô®»¿®³»¿²¬¸»´·²»±°°±·¬»¬¸»º®±²¬´±¬´·²»ò Ô±¬´·²»ô·¼»³»¿²¿²§´±¬´·²»±¬¸»®¬¸¿²º®±²¬´±¬´·²»±®®»¿®´±¬´·²»ò Ô±¬©·¼¬¸³»¿²¬¸»¼·¬¿²½»°¿®¿´´»´¬±¬¸»º®±²¬´±¬´·²»³»¿«®»¼¾»¬©»»²·¼»´±¬´·²»¿¬¬¸» º®±²¬§¿®¼»¬¾¿½µ´·²»±®¬¸»º®±²¬±º¬¸»¾«·´¼·²¹´±½¿¬»¼±²¬¸»´±¬ò Ó¿¶±®¾«·²»½±³°´»¨³»¿²¿¼»ª»´±°³»²¬·²¿¾«·²»±®¿²¿½½±³³±¼¿¬·±²¦±²»±ª»® º±®¬§¬¸±«¿²¼øìðôððð÷¯«¿®»º»»¬±ºº´±±®°¿½»½±³¾·²·²¹°»®³·¬¬»¼«»©·¬¸·²±²»øï÷¾«·´¼·²¹ ±®·²½´±»°®±¨·³·¬§±º»¿½¸±¬¸»®¿²¼¸¿®·²¹º¿½·´·¬·»«½¸¿°¿®µ·²¹ô·¹²ô«¬·´·¬·»ô·²¹®»¿²¼ »¹®»ô©¿´µ©¿§ô»¬½ò Ó¿¶±®°®±°±¿´³»¿²¿²§¼»ª»´±°³»²¬©·¬¸·²¬¸»Þ«·²»¦±²»©¸·½¸·²½´«¼»¿²§±º¬¸» º±´´±©·²¹¿½¬·ª·¬·»±®»´»³»²¬æ ¿òÌ®·°´»¨®»·¼»²¬·¿´¬®«½¬«®»ò b. Residential uses which include four (4) units or more. b. Lodging and hotel uses. c. Bed and breakfasts, and boarding houses. d. New commercial, office and industrial structures. Ó·²±®¾«·²»½±³°´»¨³»¿²¿¼»ª»´±°³»²¬·²¿¾«·²»±®¿²¿½½±³³±¼¿¬·±²¦±²»«²¼»® º±®¬§¬¸±«¿²¼øìðôððð÷¯«¿®»º»»¬±ºº´±±®°¿½»·²½´«¼·²¹¿¬´»¿¬º±«®øì÷°®·²½·°¿´¾«·²»«» ©·¬¸·²±²»øï÷¾«·´¼·²¹±®·²½´±»°®±¨·³·¬§±º»¿½¸±¬¸»®¿²¼¸¿®·²¹º¿½·´·¬·»«½¸¿°¿®µ·²¹ô·¹²ô «¬·´·¬·»ô·²¹®»¿²¼»¹®»ô©¿´µ©¿§ô»¬½ò Ó·²±®°®±°±¿´³»¿²¿²§¼»ª»´±°³»²¬©·¬¸·²¬¸»Þ«·²»¦±²»©¸·½¸·²½´«¼»¿²§±º¬¸» º±´´±©·²¹¿½¬·ª·¬·»±®»´»³»²¬æ a. Modifications to existing Development Permits. b. Changes in use. c. Single-family and duplex residential structures. d. Additions to single-family and duplex g. Additions to commercial, office or industrial structures. f. Major site work, landscaping, grading and utility installations, or any of these activities located within environmentally sensitive areas. Ó±¾·´»¸±³»³»¿²¿²§¼©»´´·²¹«²·¬¼»·¹²»¼¬±¾»³±ª»¼«°±²©¸»»´ô¿²¼¼»·¹²»¼¬±¾» ¿ºº·¨»¼¬±¿²¿¨´»ô©¸·½¸·¿°¿®¬¬¸»®»±ºô©¸»¬¸»®«½¸¿¨´»··²°´¿½»±®¸¿¾»»²®»³±ª»¼òß²§ «½¸«²·¬©¸·½¸·°»®³¿²»²¬´§±®»³·°»®³¿²»²¬´§¿¬¬¿½¸»¼¬±¿º±«²¼¿¬·±²¿²¼½±²²»½¬»¼¬± ©¿¬»®¿²¼»©»®³¿·²¼±»²±¬´±»·¬·¼»²¬·¬§¿¿³±¾·´»¸±³»¾§®»¿±²¬¸»®»±ºòÌ¸· ½´¿·º·½¿¬·±²·²½´«¼»¬®¿·´»®ô¸±«»¬®¿·´»®ô¬®¿·´»®½±¿½¸»¿²¼³±¾·´»¸±³»ò Ó±¾·´»¸±³»°¿®µ³»¿²¿²§°¿®½»´±º´¿²¼±®´±¬«»¼±®¼»·¹²»¼¬±¿½½±³³±¼¿¬»¬©±øî÷±® ³±®»³±¾·´»¸±³»ô¼»°»²¼»²¬³±¾·´»¸±³»ô¬®¿ª»´¬®¿·´»®±®¬®«½µ½¿³°»®ò Ò±²½±²º±®³·²¹ ³»¿²º¿·´·²¹¬±³»»¬¿´´±º¬¸»®»¯«·®»³»²¬±º¬¸·Ý¸¿°¬»®ò Ñ½½«°·»¼·²½´«¼»¿®®¿²¹»¼ô¼»·¹²»¼ô¾«·´¬ô¿´¬»®»¼ô½±²ª»®¬»¼ô®»²¬»¼±®´»¿»¼ô±®·²¬»²¼»¼¬± ¾»±½½«°·»¼ò Ñ°»²°¿½»³»¿²¿²»¨¬»®·±®°¿½»´±½¿¬»¼©·¬¸·²¬¸»°¸§·½¿´¾±«²¼¿®·»±º¿°®±¶»½¬©¸·½¸ô¿÷ ·«¿¾´»º±®®»½®»¿¬·±²¿´°«®°±»å¾÷°®±ª·¼»º±®²¿¬«®¿´±®³¿²³¿¼»´¿²¼½¿°·²¹¿®»¿å±®½÷ °®±ª·¼»º±®¬¸»°®±¬»½¬·±²±º²¿¬«®¿´®»±«®½»«½¸¿¬®»¿³½¸¿²²»´ô¬»»°´±°»ô»¬½òß®»¿ ¬¸¿¬¯«¿´·º§¿±°»²°¿½»¿®»æ a. Landscaping areas, strips, planters, etc., with a minimum dimension in any direction of five (5) feet, and a minimum overall size of fifty (50) square feet. b. Natural areas. c. Outdoor recreational facilities, including on-grade plazas, swimming pools, tennis courts, playfields, picnic areas and all other similar outdoor areas. d. Decks. Areas that do not qualify as open space include, but are not limited to: a. Parking and circulation areas. b. Any areas covered with a structure. c. Stairways. d. Any areas that do not meet the minimum dimensions listed above. Ñ«¬¼±±®¿¼ª»®¬··²¹¼»ª·½»³»¿²¿¾«·´¼·²¹±®¬®«½¬«®»»·¬¸»®·²¼»°»²¼»²¬±º±®¿¬¬¿½¸»¼¬± ¿²±¬¸»®¾«·´¼·²¹±®¬®«½¬«®»¿²¼©¸·½¸·¸¿°»¼ô°¿·²¬»¼±®³¿¼»·²«½¸¿©¿§¿¬±¿¼ª»®¬·»¿ ½±³³±¼·¬§ô°´¿½»±®»®ª·½»±®¬±«°°±®¬¿°¿¬»¼ô°¿·²¬»¼±®¿¬¬¿½¸»¼¿¼ª»®¬·»³»²¬º±®¿²§ ½±³³±¼·¬§ô°´¿½»±®»®ª·½»ò Ð«¾´·½¾«·´¼·²¹±®«»³»¿²¿²§¾«·´¼·²¹±°»²¬±¬¸»¹»²»®¿´«»ô°¿®¬·½·°¿¬·±²±®»²¶±§³»²¬±º ¬¸»°«¾´·½¿²¼±©²»¼¾§¬¸»³«²·½·°¿´·¬§ô½±«²¬§ô¬¿¬»±®º»¼»®¿´¹±ª»®²³»²¬ô±®¾§¿¹±ª»®²³»²¬¿´ «¾¼·ª··±²¬¸»®»±ºô±®¾§¿°«¾´·½«¬·´·¬§½±®°±®¿¬·±²ò Ð«¾´·½©¿¬»®¿²¼°«¾´·½»©¿¹»º¿½·´·¬§³»¿²¬¸±»º¿½·´·¬·»±º¿³«²·½·°¿´·¬§±®¿¿²·¬¿¬·±² ¼·¬®·½¬¿°°®±ª»¼¾§¬¸»Í¬¿¬»Ø»¿´¬¸Ü»°¿®¬³»²¬©¸·½¸°®±ª·¼»º±®¬¸»º«®²·¸·²¹±º©¿¬»®±®¬¸» °®±½»·²¹±º»©¿¹»ò Î»½®»¿¬·±²¿®»¿³»¿²¿²¿®»¿±º«¿¾´»´¿²¼¿¬´»¿¬·¨¬¸±«¿²¼øêôððð÷¯«¿®»º»»¬·²¿®»¿ ©¸·½¸·°´¿²¬»¼·²«·¬¿¾´»ª»¹»¬¿¬·ª»¹®±©¬¸¿²¼ñ±®±¼»·¹²»¼¿²¼³¿·²¬¿·²»¼±¿¬±°®±ª·¼» ®»½®»¿¬·±²º¿½·´·¬·»º±®½¸·´¼®»²¿²¼¿¼«´¬ò Î»´¿¬·ª»°±´·½§³»¿²¿°±´·½§©¸·½¸¬¸»½±³³«²·¬§»²½±«®¿¹»¾»·³°´»³»²¬»¼ô¾«¬©¸·½¸²»»¼ ²±¬¾»·³°´»³»²¬»¼òÐ±·¬·ª»ô²»¹¿¬·ª»±®¦»®±°±·²¬¿®»¿´´±½¿¬»¼¾¿»¼±²¬¸»º»¿¬«®»±º¬¸» °®±°±»¼¼»ª»´±°³»²¬¿²¼¸±©©»´´·¬·³°´»³»²¬¿°¿®¬·½«´¿®®»´¿¬·ª»°±´·½§ò Í»¬¾¿½µ³»¿²¬¸»¼·¬¿²½»®»¯«·®»¼¾§¬¸·Ý¸¿°¬»®¾»¬©»»²¬¸»º¿½»±º¿¾«·´¼·²¹¿²¼¬¸»´±¬ ´·²»±°°±·¬»¬¸¿¬¾«·´¼·²¹º¿½»ô³»¿«®»¼°»®°»²¼·½«´¿®´§¬±¬¸»¾«·´¼·²¹òÉ¸»®»¿²¹´»¼¾«·´¼·²¹ ±®´±¬ô½«®ª»¼¬®»»¬ô»¬½òô»¨·¬ô¬¸»»¬¾¿½µ¸¿´´¾»¬¿µ»²¿¿²¿ª»®¿¹»¼·¬¿²½»ò Í·¹² ³»¿²¿²§©®·¬·²¹ô°·½¬±®·¿´®»°®»»²¬¿¬·±²ôº±®³ô»³¾´»³±®¿²§±¬¸»®º·¹«®»±º·³·´¿® ½¸¿®¿½¬»®©¸·½¸·¿¬®«½¬«®»±®¿²§°¿®¬¬¸»®»±º±®·©®·¬¬»²ô°¿·²¬»¼ô°®±¶»½¬»¼«°±²ô°®·²¬»¼ô ¼»·¹²»¼·²¬±ô½±²¬®«½¬»¼±®±¬¸»®©·»°´¿½»¼±²¿¾«·´¼·²¹ô¾±¿®¼ô°´¿¬»±®«°±²¿²§³¿¬»®·¿´ô ±¾¶»½¬±®¼»ª·½»©¸¿¬±»ª»®ô©¸·½¸¾§®»¿±²±º·¬º±®³ô½±´±®ô©±®µ·²¹ô¬»®»±¬§°»¼¼»·¹²±® ±¬¸»®©·»¿¬¬®¿½¬±®·¼»·¹²»¼¬±¿¬¬®¿½¬¿¬¬»²¬·±²¬±¬¸»«¾¶»½¬¬¸»®»±º±®·«»¼¿¿³»¿²±º ·¼»²¬·º·½¿¬·±²ô¿¼ª»®¬·»³»²¬±®¿²²±«²½»³»²¬ò means êÔÖÏ any name, figure, character, outline, display, announcement, or device, or structure supporting the same, or any other device of similar nature designed to attract attention outdoors, and shall include all parts, portions, units, and materials composing the same, together with the frame, background, and supports or anchoring thereof. A sign shall not include any architectural or landscape features that may also attract attention. Í¬±®¿¹»¿®»¿³»¿²¬¸±»°±®¬·±²±º¿¾«·´¼·²¹±®·¬»«¬·´·¦»¼º±®¬¸»¬±®¿¹»¿²¼¿º»µ»»°·²¹ ±º¹±±¼ò Í¬±®¿¹»¿®»¿¸¿´´²±¬·²½´«¼»¿®»¿¬¸¿¬¿®»«¬·´·¦»¼¿±®½±²¬·¬«¬»©±®µ¿®»¿±º¿²§ ¬§°»ò Í¬®«½¬«®¿´¿´¬»®¿¬·±² ³»¿²¿²§¿¼¼·¬·±²±®»´·³·²¿¬·±²±º°¿®¬±º¿¾«·´¼·²¹ô·²½´«¼·²¹©¿´´ô ½±´«³²ô¾»¿³ô¹·®¼»®ôº±«²¼¿¬·±²ô¼±±®¿²¼©·²¼±©ò Í¬®«½¬«®»³»¿²¿²§¬¸·²¹½±²¬®«½¬»¼±®»®»½¬»¼«°±²¬¸»¹®±«²¼ô»¨½»°¬«¬·´·¬§°±´»ôº´¿¹°±´» ±®©¿´´¿²¼º»²½»´»¬¸¿²·¨øê÷º»»¬¸·¹¸ò Temporary and/or Seasonal proposals,uses and events (including mobile vending units, transient merchants, special events) means any development within the Business Zone which are permitted for not more than a six (6) month period in any calendar year subject to the requirements specified in Section 16-4-40. Ì·³»¸¿®»±®·²¬»®ª¿´±©²»®¸·°«²·¬³»¿²·²¹´»º¿³·´§±®³«´¬·º¿³·´§¼©»´´·²¹ô½±²¼±³·²·«³ ±®¬±©²¸±«»«²·¬¬¸¿¬¸¿ª»¾»»²º«®¬¸»®«¾¼·ª·¼»¼·²¬±¿¬¿¬»¼²«³¾»®±º¿¼¼·¬·±²¿´·²¬»®»¬·² ¬¸»«²·¬ô¼»º·²»¼¾§¬¸»°»®·±¼±º¬·³»¼«®·²¹©¸·½¸¬¸»±©²»®±º¬¸»¸¿®»³¿§±½½«°§·¬òÍ¸¿®» ³¿§¾»±º¬©±øî÷¬§°»æº·®¬ôº»»¬·³»¸¿®»±®·²¬»®ª¿´»¬¿¬»ô©¸»®»·²¼·ª»®»±©²»®»¿½¸±©²¿ °®»»²¬»¬¿¬»º±®§»¿®¬»®³·²¿¬·²¹±²¿¼¿¬»½»®¬¿·²½±«°´»¼©·¬¸¿º«¬«®»®»³¿·²¼»®·²¬»®»¬·²¬¸» «²·¬¿¿¬»²¿²¬·²½±³³±²©·¬¸¬¸»±¬¸»®¼·ª»®»±©²»®å»½±²¼ô¬·³»°¿²»¬¿¬»±°»®¿¬·²¹±²¿ ¬»²¿²½§·²½±³³±²°®·²½·°´»½±«°´»¼©·¬¸¿²»¨½´«·ª»®·¹¸¬¬±«»¿²¼±½½«°§¬¸»«²·¬¼«®·²¹¿ º·¨»¼¿²²«¿´®»½«®®·²¹°»®·±¼±º¬·³»ò Ì®¿ª»´¬®¿·´»®³»¿²¿²§ª»¸·½´»±®·³·´¿®°±®¬¿¾´»¬®«½¬«®»¼»·¹²»¼©·¬¸±«¬¿º±«²¼¿¬·±²±¬¸»® ¬¸¿²©¸»»´ô¶¿½µ±®µ·®¬ô¿²¼±¼»·¹²»¼±®½±²¬®«½¬»¼¿¬±°»®³·¬±½½«°¿²½§º±®´·ª·²¹±® ´»»°·²¹°«®°±»ô°®±ª·¼»¼¬¸¿¬¿²§«½¸¬®«½¬«®»±ª»®¬¸·®¬§¬¸®»»øíí÷º»»¬·²¬±¬¿´´»²¹¬¸ô ·²½´«¼·²¹¸·¬½¸¿²¼¾«³°»®ô¸¿´´¾»½±²·¼»®»¼¿³±¾·´»¸±³»º±®°«®°±»±º¬¸·Ý¸¿°¬»®ò Ì®«½µ½¿³°»®³»¿²¿°±®¬¿¾´»¬®«½¬«®»¼»·¹²»¼°®·³¿®·´§¬±¾»¬®¿²°±®¬»¼±²¿¬®«½µ±®±¬¸»® ·³·´¿®ª»¸·½´»ô¿²¼±¼»·¹²»¼±®½±²¬®«½¬»¼¿¬±°»®³·¬±½½«°¿²½§º±®´·ª·²¹±®´»»°·²¹ °«®°±»ò Ë»³»¿²¬¸»°«®°±»º±®©¸·½¸¿²§´¿²¼ô¬®«½¬«®»±®¾«·´¼·²¹·¼»·¹²»¼ô³¿·²¬¿·²»¼±® ±½½«°·»¼ò Ç¿®¼³»¿²¬¸»°¿½»«®®±«²¼·²¹¿¾«·´¼·²¹±®¬®«½¬«®»¬¸¿¬·«²±½½«°·»¼¿²¼±°»²¬±¬¸»µ§ò Ç¿®¼ôº®±²¬³»¿²¿§¿®¼»¨¬»²¼·²¹¿½®±¬¸»º«´´©·¼¬¸±º¬¸»´±¬¾»¬©»»²¬¸»º®±²¬´±¬´·²»¿²¼ ¬¸»²»¿®»¬´·²»±®°±·²¬±º¬¸»¾«·´¼·²¹ô»¨½»°¬·²¬¸±»½¿»·²ª±´ª·²¹½«®ª»¼±®¿²¹«´¿®´±¬ô·² ©¸·½¸½¿»¬¸»¿ª»®¿¹»¸¿´´¾»«»¼¿°®±ª·¼»¼º±®¸»®»·²ò Ç¿®¼ô®»¿®³»¿²¿§¿®¼»¨¬»²¼·²¹¿½®±¬¸»º«´´©·¼¬¸±º¬¸»´±¬¾»¬©»»²¬¸»®»¿®´±¬´·²»¿²¼ ¬¸»²»¿®»¬´·²»±®°±·²¬±º¬¸»¾«·´¼·²¹ò Ç¿®¼ô·¼»³»¿²¿§¿®¼»¨¬»²¼·²¹º®±³¬¸»º®±²¬§¿®¼¬±¬¸»®»¿®§¿®¼¾»¬©»»²¬¸»·¼»´±¬´·²» ¿²¼¬¸»²»¿®»¬°±·²¬±®°±·²¬±º¬¸»¾«·´¼·²¹±®¿½½»±®§¾«·´¼·²¹¿¬¬¿½¸»¼¬¸»®»¬±òøÐ®·±®½±¼» ïíïíîåÑ®¼òîçðÐ¿®¬ïòîòíôîððì÷ a. . Sec. 16-1-50. Planning Commission. (a) The Planning Commission as established in Chapter 2, Article 6 of this Code shall be responsible for the implementation of this Chapter, and shall act in an advisory capacity to the Board of Trustees in those instances where these regulations call for review and recommendation by the Commission. (b) The Planning Commission shall also have the sole authority to interpret this Chapter as set forth in Section 2-6-80 of this Code. and/or Town staff (c) The Planning Commission shall also have the sole authority to issue development permits as set forth in Article 4, Division 2 of this Chapter. ARTICLE 4 Business District Section 16-4-10. Development Permits Required. for development. Preservation and Enhancing the physical appearance and improving the economic viability of the Business District and all mixed use, accommodation, lodging and commercial zoned planning areas in all Planned Development (PD) Districts are critical to the community. It shall be unlawful for any person to undertake, conduct or use, or cause to be undertaken, conducted or used, any development within the Business District or within any mixed use, accommodation, lodging and commercial zoned planning areas in all PD Districts without complying with the provisions of these regulations and obtaining a Development Permit. The review process begins with the recognition that the proposed use or construction is allowed in the zoning districts, and focuses on issues related to site layout and design in order to arrive at the best utilization of the subject site and compatibility of design with surrounding properties. Sec. 16-4-20. Basis for permit. (a) Development permits shall be granted or denied on the basis of the policies contained in this Article. Policies are classified as either absolute or relative. Absolute policies are those which are critical to the community and must be complied with. Relative policies are those which have a varying degree of importance to the community. Compliance with relative policies is encouraged, and points will be assigned by the Town based on how well a proposal implements each policy. A negative score indicates that a relative policy is not implemented and that the proposed development will have a negative impact on the community on the basis ofthat particular policy. A score of zero indicates either that the policy is irrelevant to the proposed development or that a negative impact on the basis of the policy is completely mitigated. A positive score indicates that the proposed development implements the policy in such a way that there will be a positive impact on the community. A point analysis shall be conducted for all relative policies. (b) No development permit shall be issued by the Town unless a project is in compliance with all applicableabsolute policies and is allocated zero or a net positive score in a point analysis for howwell it implements all relative policies. (Prior code 13-3-8) Section 16-4-20. Relationship to Other Provisions of this Code. ADevelopment P ermit issued pursuantto these regulations does not release the applicant from compliance with the provisions of the building, fire, electrical, solar, mechanical, plumbing, energy, and sign codes, minimum design criteria and construction standards or any other ordinances and regulations adopted by the Town and amended from time to time. Section 16-4-30. Conditions . The Town may place conditions upon issuance of a Development Permit which it deems necessary the development proposal and proper to ensure that a policy will be implemented in the manner indicated in the application. Said conditions shall be listed on the Development Permit. Conditions may include, but not be limited to, the following: Use. The condition may restrict the future use of the proposed development to (1) that indicated in the application. 1 (2) Homeowners' Association. The conditions may require that, if a homeowners' association or merchants' association is necessary or desirable to hold and maintain common property, it be created prior to the issuance of a permit. (3) Dedications. The conditions may require conveyances of title or easements to the Town, or public utilities for purposes related to the community's public health, safety and welfare, which may include land and/or easements for utilities, roads, snow storage or other similar public uses. Conditions may require construction to public standards and dedication of those public facilities necessary to serve the development and the public. (4) Construction Guarantees. The conditions may require the depositing of certified funds with the Town Clerk, the establishment of an escrow fund, the depositing of an irrevocable letter of credit, the posting of a bond or other surety or collateral (which may provide for included in the application orrequired partial releases), to ensure that all construction features by the terms of the Development Permit are provided as represented to meet specific policies and approved. When a building permit is issued, The Town may also require a monetary guarantee ensuring that the site will be revegetated to its original condition if the project is The surety or collateral shall be in a form as abandoned after construction has commenced. may be deemed appropriate by the Town and approved by the Town Attorney. Indemnification and Covenants. The conditions may require the recording of (5) covenants and/or deed restrictions on the subject property, or the indemnification of the Town in certain instances. (6) Public Improvements. The conditions may require the installation of public improvements or participation in a special assessment district for the installation of public improvements within, adjacent to or contributing to the project. (7) Additional and/or Revised Plans. The conditions may require that additional plans or engineered revisions to utility, drainage or site plans be submitted to the Town and approved prior to issuance of a building permit or certificate of occupancy of the structure, whichever is applicable. Division 2 Development Permits -4-40.Development Permit Process. Section 16 All applications for development permits within the BusinessDistrict and within any mixed use,accommodation, lodging and commercial zoned planning areas in all PD Districts shall be reviewed and action taken in accordance with the provisions of these regulations. Section 16-4-40. Staff and/or Planning Commission review and action.Permitted Uses andClassification of Temporary and/or Seasonal, Minor and Major Development Permit. All minor proposals shall be reviewed by Town Staff at an administrative level.must be reviewed at least one (1) time by the Planning Commission before final approval is granted. In some instances when the impact of a project will be minimal, Town staff will be able to grant approval without Planning Commission review. New Development proposals have been are classified as either temporary and/or seasonal, minor or major depending upon their potential impact to the community. 2 1)Temporary and/or Seasonal proposals, uses and events (including mobile vending units, transient merchants and special events are permitted subject to the following requirements: a. Temporary and/or Seasonal uses shall not be allowed on or within a parcel, shopping center, professional center or business park for more than a six (6) months in any calendar year. b. Proof of ownership of property or written consent of property owner required. If the temporary seasonal use is located partially or entirely on Town property or public rights-of-way, Town Board approval is required. c. The owner or operator shall have applied for and obtained a Fraser Special Events Vendor License. d. Certificate of liability insurance from the applicant, naming the Town as additional insured in the event public lands or rights-of- way will be used. Such insurance shall be provided in an amount and form approved by the Town. e. All temporary and/or seaonal uses involving the handling of foods are subject to compliance with the regulations of the Colorado Department of Health. f. Adequate temporary parking facilities, circulation, ingress and egress shall be provided. Town staff may require parking areas to be surfaced with a minimum of two inches of crushed rock, or other surface(s). g. Provision for trash/recycling disposal. h. Provision for signage in accordance with the applicable sign code. i. Compliance with all local, state and federal regulations. j. Compliance with all requirements of the Public Works Director and Police Chief. k. Town staff may regulate operating hours and days. l. Town staff may regulate screening from adjoining public rights-of- way by temporary walls, fences and/or landscaping. m. Town staff may apply conditions to regulate nuisance factors including prevention of glare or direct illumination on adjoining parcels, dirt, dust, gases, heat, noise, odors, smoke, waste and vibration. n. The subject site shall be restored to its original condition within five days from the date of termination of the permit. A letter of credit or other approved surety may be required to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event, the property will be cleaned of debris, litter, and the site restored to its original condition. 2)The following temporary and/or seasonal uses and events are not subject to these requirements: a. Garage and or yard sales. (3)The following minor proposals are permitted subject to obtaining a Development Permit: 3 a. Modifications to existing Development Permits. b. Changes of use. c. Single-family and duplex residential structures. d. Additions to single-family and duplex residential structures. Additions to commercial, office or industrial structures. e. Site f.Major work, landscaping, grading and utility installations. or any of these activities located within environmentally sensitive areas. ajor proposals are permitted subject to obtaining a Development Permit: a.Triplex Residential structures. three (3) b. Residential uses which include units or more. c. Lodging and hotel uses. Bed and breakfasts and boarding e. New commercial, office and industrial structures. the (a) Absolute. It is the policy of the Town to prohibit uses within District and within any mixed use, accommodation, lodging and commercial zoned planning areas in all PD Districts that, due to the nature of their operation, have been determined to be incompatible with existing uses in the Districts. Uses permitted by special review, including mechanical wastewater treatment facilities, are governed by Division 4 of this Article. Uses prohibited are the following: (1) Mineral extraction and processing operations. (2) Salvage yards of any variety. (3) Rendering plants and operations. (4) Livestock operations, excluding small horse or cattle boarding lots, or pastures currently located within the Town. (5) Dumping or processing of waste holding tanks from mobile sources, including but not limited to recreational vehicles, buses and trucks. (6) Chemical manufacturing or storage. (7) Hazardous waste operations. 4 (b) Relative. Possible points 4 x (-4 to +2). It is the policy of the Town to promote year-round and seasonal commercial developments that are compatible with existing retail and service commercial uses. Accessory residential units within commercial structures are strongly encouraged. (Prior code 13-3-8) Sec 16-4-60 Staff and/or Planning Commission review and action. All Temporary and/or Seasonal and Minor Development Permit proposals shall be reviewed by Town Staff at an administrative level. All Major Proposals shall be reviewed at least one (1) time by the Planning Commission before final approval is granted. In some instances when the impact of a project will be minimal, Town staffwill be able to grant approval without Planning Commission review. Sec. 16-4-70. Development Permit Process. 1. Work session. Prior to submittal of any application for a Development Permit, the applicant shall meet with Town staff in order to acquaint the Town with the applicant's intentions and to acquaint the applicant with the requirements of the Town. Discussing a proposal with Town staff is critical to a successful project and to expedite the review process. Application. At least thirty (30) days prior to the Planning Commission hearing, The applicant In the shall submit an application and specified fee to the Town for review and consideration. case of a Major Proposal, suchapplication shall be submitted at least thirty (30) days prior to the Planning Commission hearing. The fee schedule is contained in Appendix A to this Code. Applications not drawn to scale, incomplete or submitted after the appropriate deadlines will cause delays in the review process. Copies of all submitted materials shall be in a format and quantity as See Division 3, Section 16-4-130 through Section 16-4-310 for specified by Town staff. Development Standards. (a) All applications for a Development Permit shall include the following: (1) Site plan, preferred scale of 1" = 20', indicating the general site design of the proposal, including all existing and proposed improvements and building footprints. The site plan shall provide adequate details to evaluate the traffic circulation, parking, snow storage, building footprints, fences, loading points, refuse container locations, public rights-of-way and all existing and proposed easements. (2) Building elevations, preferred scale of '/4" = 1', of the proposed structures, showing: existing ground surfaces, top of foundation, floor elevations, roof line and any rooftop mechanical units proposed. (3) Building floor plan, preferred scale of 1/4" =1’. (4) Drainage plan, (preferred scale of 1" = 20', optional scale of 1" = 50') shall include the following: existing and proposed improvements, existing and proposed contours, existing and proposed easements, snow storage areas, utility lines, spot elevations and flow direction arrows, as needed to clearly portray the proposed drainage layout and detail, and any drainage facilities needed to mitigate the anticipated impacts. If swales are proposed, include a cross- section detail of the proposed swale with dimensions. Silt fences, sediment traps, catch basins 5 and/or detention ponds may be required at the discretion of the Town. The drainage plan shall also indicate temporary and permanent methods to be used to stabilize and prevent the erosion of soils. Revisions to a submitted drainage plan may be required at the discretion of the Town. (5) Grading plan with existing and proposed topography. (6) Utility plan, preferred scale of 1/4" = 1', including off-site connections. (7) Landscaping plan, preferred scale of 1" = 20', including: property lines, existing and proposed structures, existing natural features, location, species, quantity and size of landscape materials to be planted and method of irrigation. (8) Proof of ownership. (9) An exterior materials package including roof material and color, wall material and color, etc. The applicant may also submit any supplemental materials that he or she feels will accurately depict the proposed project. Additional materials may also be required at the discretion of the Town. Section 16-4-80. Project Review and Compliance. Town staff shall determine whether the application submitted is complete. If the application is Planning Commission for Major ProposalsFor complete, a final hearing shall be scheduled . Minor Proposals, or Temporary and/or Seasonal uses and events, Town staff shall render a decision, either approving the proposal, with or without conditions, or denying the proposal, within sixty (60) days after a complete application is received. If the application is not complete, If Town staff denies an application or the applicant shall be advised of the deficiencies. imposes conditions on the issuance of the permit, the applicant may appeal such decision to the Planning Commission, which shall conduct a hearing to review the application, as provided in Section 16-4-100, within sixty (60) days after receipt of written notice of the appeal. The decision by the Planning Commission shall be final. Hearing – Major Proposals. Section 16-4-90. Final Major Proposal Not more than sixty (60) days after a complete application for a has been submitted, the Planning Commission shall hold a hearing and review the application for compliance with these regulations. Section 16-4-100. Decision. (a) The Planning Commission shall have thirty (30) days after the conclusion of the hearing to make a decision. (b) The Planning Commission may continue a hearing to allow a more comprehensive review of the project for a period not to exceed thirty (30) days. (c) The Planning Commission may approved the application, with or without conditions, or it may deny the application if it fails to comply with these regulations or the applicant does not agree to comply with the specified conditions. 6 (d) If the proposed development complies with all applicable absolute policies (subject to a variance) and is allocated zero or a net positive score in a point analysis for the relative policies, the Planning Commission shall approve, or approve with conditions, the proposed development. (e) If the proposed development does not comply with all applicable absolute policies or is allocated a net negative number of points for the relative policies, or if the applicant will not agree to comply with the specified conditions, the Planning Commissionshall deny the application. (f) If the original application is denied by the Planning Commission, the Town shall allow the applicant to modify the plan and return for an additional hearing. If, after a second hearing, the project still does not comply with all applicable absolute policies and receives a net negative the application still does not comply with these number of points for the relative policies, then regulations or the applicant does not agree to comply with the conditions specified by the Planning Commission, then the application shall again be denied. the Planning Commission again shall denies the Development Permit. No project previously denied shall be resubmitted within six (6) months of denial unless it has been modified to meet the requirements of these regulations. (f) Once a project is approved, any changes must be reviewed by Town staff, and may require Planning Commission approval. Section 16-4-110. Development Permit Issuance and Duration. Once the decision of the Town has been finalized, the Town shall transmit by regular mail the final decision to the applicant and, if the application is approved, shall issue a Development Permit with or without conditions. The Development Permit will not be valid until the applicant has signed it indicating his or her agreement with any and all conditions, and returned it to the Town. Applicants shall have three (3) years from the date of approval of a Development Permit to acquire all necessary additional permits and begin construction or use of the property in accordance with the provisions of the Development Permit. Failure to obtain a building permit (where required) or use the property in the manner authorized by the Development Permit within three (3) years of issuance of the permit shall operate as a waiver of any vested rights with respect to the development, and the Development Permit shall be deemed to expire. Section 16-4-120. Other Permits. After Development Permit approval and prior to construction, the applicant shall be responsible for obtaining all necessary permits and approvals. In addition, it shall be unlawful for anyone to occupy a new development prior to the issuance of a certificate of occupancy, which will not be issued until the conditions of the Development Permit have been met or adequately guaranteed to the satisfaction of the Town. Division 3 Development PoliciesStandards Section 16-4-130. Utility and Construction Standards (absolute). (a) All developments shall comply with the Minimum Design Criteria and Construction Standards (“Standards”) as adopted by the Town of Fraser. Refer to Chapter 14 of the Municipal Code. 7 (b) Water. All developments shall be served by adequately sized and constructed water systems. (c) Sewer. All developments shall be served by adequately sized and constructed sewer systems. (d) Underground utilities. All utility lines, on- and off-site, shall be placed underground. Transformers or connection boxes may be located above ground and screened with planting material. (e) Surface disruptions and rehabilitation. All roadway surface disruptions shall be restored to original, or an improved, condition. Section 16-4-140. External Circulation (absolute). (a) Vehicular circulation. The type, arrangement, location and size of all roadways shall be in compliance with the Standards found in Chapter 17 of this Code. Where new developments abut a right-of-way that does not meet the existing Town street Standards, it shall be the responsibility of the developer to improve the public right-of-way in compliance with Town Standards, including but not limited to the dedication of additional rights-of-way and easements, paving of streets, installation of curbs, gutters, drainage, lighting, signage, sidewalks, pedestrian pathways and bicycle pathways. When a change of use is proposed contiguous to an existing street, street Town staff or Planning Commission. improvements may be required at the discretion of the If street improvements are not required, the project must meet all other provisions of this Article. (b) Ingress/egress. Access into commercial projects shall be limited in order to reduce conflicts between pedestrians and automobiles. The provision of two (2) vehicular access/egress points may Town staff or be required at the discretion of the Planning Commission. Access onto the state highway is controlled and permitted by the Colorado Department of Transportation (CDOT) and requires a permit from this agency. (c) Pedestrian and bicycle circulation. Development and installation of pedestrian and bicycle pathways are required. This will include the provision of sidewalks and pedestrian or bicycle trails adjacent to the site necessary to tie into existing and proposed trail systems. Pedestrian and bicycle pathways shall be in compliance with the Standards. found in Chapter 17 of this Code. Section 16-4-150. Drainage (absolute). It shall be the responsibility of the applicant to provide drainage improvements. The applicant shall provide engineered data sufficient to indicate that the drainage from the proposed development will not adversely affect any downstream properties or the community as a whole, and shall design and install all drainage improvements in compliance with the Standards. Chapter 17 of this Code. Silt catch and/or detention basins may be required at the discretion of the Planning Commission. Town Engineer. Section 16-4-160. Water Quality (absolute). The applicant shall show evidence and plans to ensure that the proposed development will not result in the degradation of any watercourse. This condition shall apply to both the proposed construction activities and the ultimate use of the land. Items such as percolation pits, settling ponds, infiltration galleries, sand traps, grassed waterways and the maintenance of these items shall be addressed and resolved prior to issuance of a building permit. Direct discharge into any watercourse is prohibited. 8 Section 16-4-170. Stream Setbacks (absolute). A minimum thirty-foot-wide strip of land measured horizontally from the mean identifiable high water mark on each side of a watercourse shall be preserved for use as open space, landscaping, etc. A greater setback of up to a total of one hundred fifty (150) feet may be required at the discretion of the Planning Commission. Section 16-4-180. Erosion Control (absolute). Erosion control plans are required for all developments on sensitive sites. All drainage from the site during construction must go through an erosion control device. Section 16-4-190. Floodplains (absolute). For any developments located within the one-hundred-year floodplain, a plan of on-site flood prevention, control and hazard mitigation shall be prepared and implemented according to the provisions of the Town. Section 16-4-200. Geological Hazards (relative). Possible points are 2 x (0 to +2). Developments proposed for suspected geological hazard areas should be designed or reviewed by a qualified professional geologist, and all negative impacts should be mitigated. Section 16-4-210. Height of Structures (absolute). It is the policy of the Town that no buildings within the Business District and within any mixed use. accommodation, lodging and commercial zoned planning areas in all PD Districts shall forty-five (45) feet in height. exceed thirty-five (35) feet Section 16-4-220. Placement of Structures (absolute). All residential structures shall have a minimum front yard of twenty (20) feet, a minimum side yard of seven (7) feet and a minimum rear yard of ten (10) feet. Section 16-4-230. Parking Absolute. (1) Number of spaces. The number of parking spaces shall generally be provided as required by Section 16-8-50 of this Chapter. a. The Planning Commission may reduce the number of required spaces by up to twenty percent (20%) when parking is provided in common for more than one (1) business. The utilization of joint parking facilities to minimize the proliferation of parking areas is encouraged. b.The Planning Commission may allow for on-street parking in the older sections of the Business District (herein defined as the entire Business District adjacent to the US 40 Corridor from County Road 8 to County Road 804) in an effort to encourage infill and redevelopment opportunities. A detailed parking plan shall accompany the Development Permit application and the parking shall be allocated and located 9 in proportion and in relation to the proposed land use. The Town may consider such proposals on a case-by-case basis. (2) Size. For parking lots with less than ten (10) parking spaces, the parking spaces shall be ten (10) feet by twenty (20) feet, except for handicapped spaces which shall be fourteen (14) feet by twenty (20) feet. For parking lots with ten (10) or more parking spaces, eighty percent (80%) of the required spaces shall be ten (10) feet by twenty (20) feet, while the remainder of the spaces may be reduced to nine (9) feet by eighteen (18) feet. (3) Drive Lanes. All entrance and parking lot drive lanes shall be a minimum of twenty-four (24) feet wide allowing for two-way traffic. Where angle parking and/or one way drive lanes are proposed, the Town may consider such proposals on a case-by- case basis. (4) All parking lots and commercial storage and service areas shall be screened from adjacent residential property by the use of landscaping, berming, fences or a combination of landscaping and other structural features approved by the Planning Commission. (5) Parking Lot Landscaping. For parking lots with ten (10) or more parking spaces, the use of fences, hedges, earthen berms or other appropriate landscaping features approved by the is required on the perimeters of parking areas to screen them from PlanningCommission 90public view and minimize the visual impact of large paved surfaces. (6) Parking lot perimeter landscaping shall be required for parking lots with ten (10) or more parking spaces to minimize the visual impact of large paved surfaces. Pedestrian access to sidewalks and buildings should be considered in the design of the landscaped areas and islands. Parking areas adjoining a street shall provide a landscape buffer between the street right-of-way and parking area. The landscaping shall be designed and maintained to screen cars from the view from the street to a height of between 30 inches and 42 inches. Screening materials may include a combination of plant materials (trees, shrubs and ground cover), earth berms, walls or fences, raised planters or other screening devices which meet the intent of this requirement. Parking lot perimeter landscaping plant materials shall include one (1) tree and two (2) shrubs for every twenty (20’) of parking lot frontage.Trees and shrubs need not be planted in a linear, spaced manner, but may be grouped together where appropriate. (7) Parking lot interior landscaping shall be required for parking lots with twenty (20) or more parking spaces to minimize the visual impact of large paved surfaces. The intent of the landscaped islands is to provide a measure of aesthetics to the parking areas without seriously inhibiting snow plowing and storage. The landscaping shall be evenly dispersed throughout the parking lot at a ratio of 100 SF for every 10 parking spaces or fraction thereof. One (1) tree and two (2) shrubs shall be provided for every 10 parking spaces or fraction thereof. (8) Paving. All parking areas and driveways shall be paved with either asphalt, concrete or other acceptable hard surface material meeting Town Standards. Section 16-4-240. Exterior Lighting. (1) General. The purpose of exterior lighting is to allow for outdoor illumination levels which are appropriate for the visual task, safety and security while minimizing the undesirable effects of excessive illumination such as glare, sky glow and light pollution. Exterior lighting shall be 10 minimized and shall be directed to subtly illuminate functional areas only, including all pedestrian access routes and parking areas. Exterior lighting shall be designed, located, placed and shielded to be architecturally and aesthetically in keeping with buildings and surroundings, shall create minimum light pollution and shall not directly illuminate adjoining property. In addition, a desirable byproduct of these regulations is the increased use of enery efficient sources. If the Town deems necessary, a lighting or illumination engineer shall review the proposed type of lighting. All costs associated with such review shall be paid by the applicant. Refer to Chapter 14 of the Municipal Code – Minimum Design (2) Specifications. Criteria and Consturction Standards for exterior lighting standards . a. All luminaires (a fixture and its bulb) shall be Dark Sky Compliant, which means that all outdoor lighting be hooded and/or shaded so that zero light is emitted above a horizontal fixturesshall plane drawn through the lowest part of the luminaire and no more than 10 percent of light emitted at the 80 degree angle. The industry standard for this terminology is full cut-off or fully shielded. Fixtures which are shielded by a structural element so as to meet the intent of a full cut-off fixture may be considered to be in compliance. b. 175 There shall be no single bulb intensity which exceeds watts. c. 21 Maximum height of fixtures shall not exceed twenty-one feet. d. Light fixtures on buildings shall not exceed a twenty mounting height. 21’ e. Minimum spacing betweenfixture poles should not be less than 60 feet. f. Light intensity at ground level shall not exceed two (2) foot-candles average within amaximum to minimum ratio of fifteen (15) to one (1). g. Fixtureslocated on buildings shall not be located above the eave line or above the top of the parapet wall. h. 15 Motion detectors may allow light to stay lit up to thirty (30) minutes after the last motion detection. i. All exterior lighting, except those required for security, shall be extinguished by 10:00 p.m. or within one (1) hour after the end of business hours of the business served, whichever is later, and shall remain extinguished until one (1) hour prior to the commencement of business hours. j. All sports arena exterior lighting used for the purpose of illumination of the playing area shall be extinguished by 10:00 p.m. or immediately after the conclusion of the final event of the and safety day. The remainder of the facilitylighting, except for reasons of security , shall be extinguished at 10:00 p.m. or within one (1) hour after the event, whichever is later, and remain extinguished until one (1) hour prior to the commencement of the next event. k.Prohibited exterior lighting. No person shall install, illuminate or maintain any beacon orsearchlight. Architectural spotlights are not permitted, for they add to light pollution and draw undueattention to a structure. Low-voltage landscape lighting maybe permitted along sidewalks at the discretion of the Town. (3)A Lighting Planshall be depicted on a site plan, indicating the location of each 11 current and proposed outdoor lighting fixture with projected hours of use. The lighting plan should includea KEY to the proposed lighting that provides the following information: Type and number of luminaire equipment (fixtures), including the “cut off characteristics,” indicating manufacturer and model number(s). Lamp source type (bulb type, i.e. high pressure sodium), lumen output, and wattage. Mounting height with horizontal distance noted to the nearest property line for each luminaire. Type(s) of timing devices used to control the hours set for illumination, as well as the proposed hours when each fixture will be operated. Total Lumens for each fixture and total square footage of areas to be illuminated. Surface finish/color of light pole, arm and fixture. Lighting manufacturer-supplied specifications (“Cut-sheets”) that include photographs of the fixtures,indicating the certified “cut off characteristics” of the fixture. Photometric plan including estimated footcandle levels with maximum and average illumination are required for parking lots with ten or more parking spaces. Maximum illuminance levels should be expressed in footcandle measurements on a ten (10) foot by ten (10) foot grid of the site. The grid shall include light contributions from all sources (i.e. pole mounted, wall-mounted, sign and street light). Show footcandle renderings a minimum offive feet beyond the property lines. On the Approved Plan, it should be noted that no substitutions, additions, or changes may be made without prior approval by the Town. (3) All parking areas shall provide lighting. All lighting shall be designed, located, placed and shielded to be architecturally and aesthetically in keeping with buildings and surroundings, shall create minimum light pollution and shall not directly illuminate adjoining property. If the Town deems necessary, a lighting or illumination engineer shall review the proposed type of lighting. All costs associated with the review shall be paid by the applicant.Lighting specifications are as follows: a. There shall be no single-bulb intensity which exceeds two hundred fifty (250) watts. b. The maximum height of fixtures shall not exceed twenty-five (25) feet. c. Light intensity at ground level shall not exceed two (2) foot-candles average within a maximum to minimum ratio of fifteen (15) to one (1). d. Lighting shall be designed and installed to direct the light inward and downward onto the site and away from the adjoining properties. The source of light shall not be visible above a horizontal plane and shall fall within the property line. This can be accomplished by installing lighting fixtures designed to direct the light down or by installing shields in combination with angled lighting directing the light downward. e. Fixtures located on buildings shall not be located above the eave line or above the top of 12 the parapet wall. f. Light fixtures on buildings shall not exceed a twenty-five-foot mounting height. g. Flood lights shall be shielded so as to direct the light away from adjoining properties,have motion detectors and illuminate functional areas only, such as garage doors, storage areas, walks and drives. Motion detectors may allow the light to stay lit up to ten (10) minutes after the last motion detection. h. All exterior lighting, except those required for security, shall be extinguished by 10:00 p.m. or within one (1) hour after the end of business hours of the business served, whichever is later, and shall remain extinguished until one (1) hour prior to the commencement of business hours. i. All sports arena exterior lighting used for the purpose of illumination of the playing area shall be extinguished by 10:00 p.m. or immediately after the conclusion of the final event of the day. The remainder of the facilitylighting, except for reasons of security, shall be extinguished at 10:00 p.m. or within one (1) hour after the event, whichever is later, and remain extinguished until one (1) hour prior to the commencement of the next event. j. No person shall install, illuminate or maintain any beacon or search light. Architectural spotlights are not permitted, for they add to light pollution and draw undue attention to a structure. Low-voltage landscape lighting may be permitted along sidewalks at the discretionof the Town. (6) Maintenance. All improvements made to the parking lot, driveways and access roads, including signage, lighting and all other improvements approved as a component of the project, shall be maintained in a safe manner that meets the intent of the original permit. Maintenanceshall include repairing potholes and resurfacing the parking lot. (b) Relative. Possible points are 4 x (-2 to +2). It is encouraged that each development design parking in a manner that exceeds the minimum requirements of the Town. The Town will its evaluatethe implementation of this policy based on how well the application meets the following criteria: (1) Orientation and location. Parking lots should be located behind buildings, or on the sideof buildings and screened from public view by the use of fences, hedges, earthen berms or otherappropriate landscaping features approved by the Planning Commission. Large parking lots should be broken up through the use of landscaped islands which can also be used for snowstorage in winter. (2) Joint parking facilities. The utilization of joint parking facilities to minimize the proliferation of parking areas is encouraged. Section 16-4-250. Landscaping requirements and natural features. (a) enhances aesthetic appeal and protects the General. Because landscaping area’s unique natural beauty and environment is essential to aesthetic values, ecology , and soil conservation of the Townit is hereby declared to be a benefit to the general public. As such, landscaping shall be subject to regulation and ensured by a performance guarantee. (b) Preserve existing trees, shrubs and natural features. All developments shall be responsive to site and natural conditions and minimize disturbance to land and existing vegetation. Removal 13 oftrees, shrubs and nonhazardous native plant materials generally should be limited to removal of thoseessential for development of the site. The landscaping plan shall demonstrate that a and topsoil. reasonable effort has been made to preserve existing healthy trees, shrubs Watercourses, historic sites and similar irreplaceable assets shall also be preserved in the design of the subdivision. The landscaping plan shall show the number and location of all existing and proposed trees and shrubs. (c) Appropriate plant materials. Native and drought-tolerant plant species and seed mixes containing grasses and wildflowers are strongly encouraged, and noxious weeds and plants are prohibited, per the Colorado Noxious Weed Act (Section 35-5.5-101, et seq., C.R.S.). The utilization of the principals of Xeriscape landscaping is encouraged in order to conserve water resources. Bluegrass and other grasses requiring high consumption of water are discouraged. prohibited.Ornamental nonliving materials, such as decorative rock, wood chips, mulch, brick and paving stones, shall be permitted to be incorporated into a landscaping plan. Landscaping designs should generally use a three tier concept utilizing hardy, low growing ground covers; medium height shrubs and trees. The recommended Plant List for Fraser, Colorado is available upon request. The Town Gardener shall review all landscaping plans. (d) Revegetation of disturbed land. All areas disturbed by grading or construction, not being formally landscaped, shall be mulched and revegetated with seeding mulch (straw-crimped in place or hydromuch, etc). (e) Guarantee. Performance guarantees shall include the success of all landscaping improvements and revegetation for two (2) growing seasons after installation. Landscaping that dies within the two-year period shall be replaced and shall be required to live for at least two (2) years from the time it is replanted. (f) Obstruction of signs and fire hydrants. Vegetation shall be placed so as not to block sight distances from driveways, corners and intersecting streets. Fire hydrants shall not be obstructed by landscaping. (g) Wildfire defensible space. Creating a defensible space around a home and on property is an important step to take in order to protect them from wildfire. Defensible your home and property space is an area around a structure where fuels and vegetation are treated, cleared or reduced to slow the spread of wildfire towards the structure. It also creates an area where fire suppression operations can occur. (h) Landscaping Plan. Refer to Chapter 14 of the Municipal Code – Minimum Design Criteria and Consturction Standards for landscaping plan standards. A landscaping plan shall include, as a minimum, the following: Site plan, preferred scale of 1”=20’. North arrow. Property lines. Locations of existing and proposed structures on the site. Location of all existing and proposed hard surfaces. Location of existing naturalfeatures. Table listing of botanical names, the common names and the planting sizes and quantities of all plantings. 14 Description of seed mixture and rates of application. Identify which existing trees will remain and which trees will be removed. Location and description of landscaping improvements, such as earth berms, walls, fences, screens, lights, ground cover, planter boxes, water elements and other natural materials. Irrigation plans. A statement providing that the owner and his or her heirs, successors and assigns will provide adequate maintenance for all site elements. Location of snow storage. Minimum size for all deciduous trees shall be one (1) inch in caliper. Minimum size for evergreen trees shall be six (6) feet in height. Minimum size for all shrubs shall be American Nursery and Landscape Association (ANLA) #5 sizing. The landscape plan shall include the contact information on who prepared the landscape design. A landscape plan drawn by a landscape architect or designer is preferred butis not required. (i)Landscaping requirements: Landscaping required:Fifteen percent (15%) of the lot area. Tree requirement:75% of the landscaping area Shrub requirement:15% of the landscaping area (9) Landscaping maintenance: Landscaping maintenance shall include irrigation, fertilization, pruning and noxious weed control. Prior to issuance of a certificate of occupancy, the applicant shall also submit a guaranty or performance bond, in a form acceptable to the Town, of 25% of the estimated cost of the plant material provided as part of the landscaping requirement. This amount shall be retained by the Town until the plant materials have been maintained in a satisfactory condition for 2 years after installation. The Town may during that time draw uponthe 25% guaranty to replace plant materials which have died. The remainder of the guaranty, if any, shall be returned to the owner of record upon the expiration of the 2 year period. Section 16-4-260. Snow Management (absolute). (a) Snow management is critical in the Town's mountain climate. Roofs should be designed to either hold snow or shed snow in appropriate areas. Buildings must be set back from the property line to accommodate snow shedding, or a snow storage easement from the adjacent property owner must be provided. Use of snow guards and protected entries in high risk areas may be required. is encouraged. (b) Adequate space shall be provided within the development for the storage of snow. It 15 is required that a functional snow storage area be provided which is equal to at least thirty-three percent (33%) of the area to be cleared of snow. Specific areas to be cleared shall include the full dimensions of roadways, walkways and parking areas. (c) Snow storage areas shall be designed so that snow is not stored in a manner where, when melting, it directly discharges into any watercourses, streets, pedestrian pathways and/or bicycle pathways. Silt catch and/or detention basins may be required at the discretion of the Planning Commission.Town staff. Section 16-4-270. Trash, Service and Storage Areas (absolute). All trash areas shall be easily accessible by trash collection vehicles and screened from public view by either landscaping or a fence that is architecturally compatible with the development. Unsightly mechanical and electrical equipment and all service and storage areas shall be screened from public view. Section 16-4-280. Site design (relative). -2 to +2). The Town finds that it is in the public interest for all Possible points are 4 x ( development sites to be designed and developed in a safe, efficient and aesthetically pleasing manner. The arrangement of all functions, uses and improvements should reflect the natural characteristics and limitations of the site and adjacent property. Specific site design elements that should be considered include: (1) Building orientation. Buildings should take advantage of a south facing orientation for solar heat gain to the greatest extent possible. Buildings should be oriented parallel to the primary street front. A skewed building orientation should be avoided. (2) Pedestrian orientation and amenities. a. The site should be laid out in a manner that reinforces the pedestrian orientation of the neighborhood. b. Benches and other pedestrian elements are encouraged. (3) Natural features. It is necessary to preserve as much of the existing natural features and vegetation on the site as possible. The proposed development shall minimize the visual destruction of natural land forms caused by cutting, filling, grading or vegetation removal. Section 16-4-290. Design Guidelines (relative). Possible points are 5 x (-2 to +2). It is the policy of the Town to encourage building designs and materials to be architecturally compatible with the historic, natural and mountain environment should characteristicsof the Town. To accomplish this goal, new development is encouragedto meet a majority of the following design guidelines: (1) Building elements and materials. a. False front facades capped by the use of a cornice element are desirable.Building facades should incorporate a variety of materials. 16 b. Porches with wooden posts, columns or functional awnings should be incorporated into the building design. All porches and awnings should have an eight-foot minimum clearance. c. Building materials shall be compatible and in harmony with the natural setting of the Town. The use of natural stone masonry, exposed wood structural beams, logs, heavy timbers, stucco and masonry are all acceptable materials. The use of stone or masonry as a foundation up to a height of at least thirty-six (36) inches is encouraged. d. The back of a building must have the same overall design as the front of a building. (2) Mass. The mass of the building should be compatible to adjacent buildings. Long to break up the mass of the uninterrupted exterior walls and/or roof lines should be avoided building. (3) Roof elements and design. a. Pitched roofs with false front facades are desirable. b. Where pitched roofs are used, they shall be designed in a manner that provides variation in roof lines to break up large expanses of roof, and to add architectural interest to the roof. Long uninterrupted exterior walls and/or roof lines should be avoided. (d)Color schemesfor both the building and roof should be compatible (4) Colors. and found in the natural landscape such as earth-toned solids (browns, greens, greys, etc), bedrock and woodland vegetative growth. High-contrast, bright colors may be approved at the discretion of the Planning Commission. Colors of buildings should predominately be natural colors and stains. Bright colors should be reserved for trim, etc. (5) Windows. Display windows on the first floor should face the primary street frontage and provide visual interest. Possible points are 2 x (-2 to +2). All developments are encouraged to provide ample storage areas. Storage areas shall include storage space for vehicles, equipment and goods.All storage areas shall be screened from public view. Section16-4-280. Landscaping. (a) Absolute. (1) The Town finds that it is in the public interest for all developments to provide landscape improvements for the purpose of complementing the natural environment and improving the aesthetic appearance of the community. (2) All plantings shall be maintained in a healthy and attractive condition. Maintenance shall include watering, weeding, cleaning, pruning, trimming and cultivating. Landscaping structural features such as fencing, planter boxes, etc., shall be maintained in a sound structural and 17 attractive condition. (3) All parking lots and commercial storage and service areas shall be screened from adjacent residential property by the use of landscaping, berming, fences or a combination of landscapingand other structural features approved by the Planning Commission. (4) All surface areas that will not be a hard surface shall be revegetated with adequate groundcover approved by the Planning Commission. (b) Relative. Possible points are 4 x (-2 to +2). All developments are strongly encouraged to make landscaping improvements which contribute to the objective of providing a more attractive community. Sec. 16-4-330. TransitAlternatetransportation. (relative). Possible points are 3 x (-1 to +2). The inclusion of or the contribution to a permanent non-auto- oriented transit system, designed to facilitate the movement of persons to and from the Town or within the Town, is strongly encouraged. Encouraged improvements include the provision of additional bus stops, improvements to bus stops including benches, signage, lighting, landscaping, shelters or other appropriate improvements. Sec. 16-4-340. Loading (relative). Possible points are 2 x (-2 to+2). Loading areas shall be constructed that provide adequate space for the loading and unloading of persons, materials and goods in relationship to the needs andrequirements of the project. Section 16-4-300.Energy conservation (relative). Possiblepoints are 2 x (0 to +2). The implementation and operation of systems or devices which provide an effective means of renewable energy are encouraged. Sec. 16-4-420. Barrier-free standards (relative). Possible points are 2 x (0 to +2). It is encouraged that all structures and circulation systems bedesigned in a manner that provides access for individuals with physical disabilities over and above those required by the Uniform Building Code and the Americans With Disabilities Act. Sec. 16-4-430. Informational signage (absolute). It shall be the responsibility of the applicant to install all necessary informational signage, including directional signs, emergency signs, signs relating to safety, signs designating handicapped parking spaces and all other signs necessary to meet the needs of the Town. Sec. 16-4-440. Public telephones (relative). Possible points are 2 x (0 to +1). It is encouraged that all commercial and lodging developments install a pay phone. (Prior code 13-3-8) Sec.16-4-450. Minimum lot size(absolute). 18 No development shall be placed on a lot containing less than five thousand (5,000) square feet,except in those instances where the lot was an existing lot as of the date of adoption of Ordinance 210. Sec.16-4-460. Air quality (absolute). The installation of wood-burning appliances must meet the regulations established in Chapter 7, is Article 6 of this Code. The installation of coal-burning appliances prohibited. (Prior code 13- 3-8) Section 16-4-310. Resident housing (relative). Possible points are 4 x (-2 to +2). It is the policy of the Town to encourage the construction of resident housing. The creation of resident housing is critical to the health, safety and welfare of the community. In commercial or office projects, it is encouraged that resident housing be provided on the second floor. Section 16-4-320. Special Review Uses - Mechanical Wastewater Treatment Facilities. Mechanical wastewater treatment facilities are permitted within the Business District, only upon special review and approval as provided in these regulations. Section 16-4-330. Relationship to Business District regulations. Sections 16-4-320 through 16-4-390 The requirements of this Section generally govern the procedure for application for uses permitted by special review within the Business District. This Division also imposes site and design guidelines applicable to certain special uses. The requirements of Divisions 2 and 3 above also apply to uses permitted by special review within that district to the degree such requirements are not displaced by a specific provision of this Division. In the event of conflict between the requirements ofDivisions 2 and 3 generally, and the requirements of this Division, the more restrictive requirement shall govern. All uses by special review in the Business District shall be considered "major proposals." and all site and design guidelines applicable to such proposals shall be considered "absolute," rather than"relative." Upon Issuance of a permit for a Mechanical Wastewater Treatment Facility under these regulations, and in compliance with all other applicable regulations of the Business District, such permit shall also constitute a Development Permit under the Business District regulations. Section 16-4-340. Application and Review Procedure. Applications for uses permitted by special review shall be submitted and reviewed pursuant to the following process: (1) Pre-application conference. 19 a. Prior to the formal submittal of any request for approval of a use permitted by special review in the Business District, an informal pre-application conference shall be held between the applicant and Town staff. This conference will serve to acquaint the applicant with the requirements of the Business District and to allow the Town staff to become familiar with the applicant's development intent and design philosophy. b. A schematic site plan and building concept drawings will aid in discussion at this conference; however, the applicant is encouraged not to prepare detailed designs which might require extensive revision as a result of the pre-application conference. The applicant should bring the following information to the conference: 1. General project concept. 2. Specific uses proposed, including building size, location and parking. 3. Site plan concepts including landscaping, irrigation, grading, lighting and signs. 4. An exterior materials package including roof material and color, wall material and color, etc. 5. Proposed construction time line. (2) Review and decision. a. Subsequent to the pre-application conference, an application with the required materials shall be filed with the Town. Only complete submittals will be accepted. b. The application will be reviewed pursuant to the Business District Development Permit process set forth in Section 16-4-70 of this Article. with the exception that the application must be submitted thirty (30) days preceding the Planning Commission hearing. The application shall be considered a "major proposal" within the meaning of Sections 16-4-40 of this Article; provided, however, that the decision of the Planning Commission under Section 16-4-100 shall be in the form of a recommendation to approve, approve with conditions or deny the application. c. Subsequent to receipt of the Planning Commission's recommendation, the Board of Trustees shall hold a public hearing on the application, notice of which shall be given by publication in the same manner as required by Section 16-13-10 of this Chapter for amendments to the zoning ordinance, such published notice to be the responsibility of the Town. At least fourteen (14) days prior to the hearing date, notice of the hearing shall be sent to all owners of property within two hundred (200) feet of the property in question by certified mail, return receipt requested, such mailed notice to be the responsibility of the applicant. Within thirty (30) days of completion of the hearing, the Board of Trustees shall act to approve, approve with conditions or deny the application. The decision of the Board is final, subject to judicial review. (3) Permits; duration and conditions; amendments; variances. a. A use permitted by special review is valid so long as the conditions of approval are maintained by the applicant, unless a specific time limit for the use is set forth as part of the permit approval. If an approved use ceases operation for any reason for a period of one (1) year, the use permitted by special review shall be deemed expired, unless otherwise provided in the permit itself. 20 b. If the conditions of a use permitted by special review become the responsibility of a person or entity other than the applicant, the Town staff shall be notified in writing, identifying the new person or entity responsible for maintaining the conditions of the permit. Until such notice is received, the applicant shall remain responsible for maintaining the permit conditions. The notice shall be attached to the permit on file with the Town staff. However, it is the intention of this Subparagraph b. that the property owner remain responsible for compliance with permit conditions. c. Failure to maintain the permit conditions shall be considered a violation of these regulatons and, in addition to the penalties provided for violations of this Code, shall subject the permit holder to revocation. d. No approved use permitted by special review may be modified, structurally enlarged or expanded in ground area, unless such modification, enlargement or expansion receives the prior approval of the Town, which shall be obtained by submitting a new application for review under the procedures provided by these regulations. Such application shall be submitted to and processed by the Town in the same manner as applications for the original permit itself; provided, however, that, at the pre-application conference, the applicant and Town staff shall agree upon the extent of submission requirements pertinent to the application. In the event that the applicant disagrees with the Town staff’s decision with respect to the extent of the submission requirements, such disagreement may be preserved by the applicant as a part of its application for amendment, and the Planning Commission and Board of Trustees shall recommend and decide upon that appeal as a part of their decision on the amendment application itself. e. The applicant may request a variance from or modification of the requirements applicable to the particular use by special review. Any such request shall be made as part of the application documents required for the application itself or after approval of such application. The request shall be considered by the Planning Commission as a part of its recommendation to the Board of Trustees. The Board of Trustees, in its sole discretion, shall determine whether and to what extent such variance request shall be approved. The request for a variance must describe, and the Board of Trustees in granting such a variance must find, that all of the following conditions exist: 1. That satisfactory proof has been presented to show that the request is reasonably necessary for the convenience or welfare of the public; 2. That the variance would not authorize any use other than the use permitted by special review as described in the permit; 3. That unnecessary hardship to the applicant would be shown to occur if the variance were not granted; or that the application seeks a more cost-effective or technologically superior approach to some aspect of the use permitted by special review; That the variance would not injure the value, use of or proper access to light and air of adjacent properties. T hat the variance is the minimum variance necessary to accomplish the intended purposes; and 6. That the variance would not be out of harmonywith the intent and purposeofthis Division, this Chapter and allotherordinancesand regulations of the Town. 21 The procedure for consideration of variances generally at Article 12 of this Chapter shall not apply to variances and amendments of uses permitted by special review. Section 16-4-350. Submission Requirements. The applicant for a permit to conduct a use permitted by special review shall submit to the Town staff any or all of the following materials which are, in the opinion of the Town staff, relevant to the proposal being requested. Except as otherwise provided herein, Town staff shall identify the list of required submittals at the time of the pre-application conference. Only complete submittals will be accepted: (1) A complete use by special review permit application. (2) The required fee, as set forth in Appendix A to this Code. (3) A legal description of the property. (4) Proof of legal access to the property. (5) A site plan showing existing uses and structures on the property, including all utility infrastructure, easements and watercourses. (6) A site plan showing proposed uses and structures on the property, including all utility infrastructure, easements and watercourses. (7) Scaled elevations and/or perspective drawings of any proposed structures. (8) A proposed development schedule indicating: a. Date of the beginning of the use and/or construction. b. Phases in which the project may be developed and the anticipated rate of development. (9) Anticipated date of completion of the project. (10) Any agreements, provisions or covenants to be recorded. (11) Restoration or reclamation plans, required for all special uses requiring extensive grading and extractive (mining) uses. (12) A statement regarding any provisions for proper ongoing maintenance of the use and site. (13) Landscaping plan in the form described in Section 16-4-390 below. (14) Water quality plan, including drainage, erosion control, floodplain mapping and snow storage. (15) Any additional materials which, in the opinion of the Town staff, are necessary to adequately review the application, which shall be identified within two (2) weeks of the preapplication conference. 22 Section 16-4-360. Criteria for Review. The Town staff, Planning Commission and Board of Trustees shall consider the following criteria when evaluating an application for a use permitted by special review permit: (1) Whether the proposed use complies with all requirements imposed by this Code and all other ordinances and regulations of the Town. (2) Whether the proposed use is in conformance with the Town's Comprehensive Plan. (3) Whether the proposed use is compatible with adjacent uses. Such compatibility may be expressed in appearance, architectural scale and features, site design and the control of any adverse impacts, including noise, dust, odor, lighting, traffic, safety and impact on property values of the surrounding area. (4) Apparent community need for the use. (5) Suitability of location for the use. (6) Whether the proposed use is in compliance with the other requirements of this Article. Section 16-4-370. Site Guidelines. The following site guidelines must be satisfied in connection with the approval, construction and continued operation of mechanical wastewater treatment plants as a use permitted by special review under these regulations: (1) Maximum building footprint: For administrative, electrical, blower room, sludge processing and headwork uses: seven thousand five hundred (7,500) square feet total; for associated wastewater treatment facility, including but not limited to settling tanks, aeration tanks and pump stations: two thousand (2,000) square feet per one hundred thousand (100,000) gallons treatment capacity. To the greatest extent possible, consistent with sound engineering principles, the building footprint shall be minimized. (2) Parking: All on-site parking lots shall be paved. Parking lots shall be screened from public view by the use of hedges, earth berms or other appropriate landscaping features approved by the Planning Commission and Board of Trustees. (3) Access roads: Access and maintenance roads within the property are not required to be paved. Access roadways may be surfaced with other materials, as permitted by the Board of Trustees. Lignin, a natural dust-controlling substance, shall be applied to all gravel road surfaces in the summer. At least two (2) applications per summer season are required. (4) Required setback from any watercourse: One hundred fifty (150) feet from any watercourse to any structure. (5) External storage of materials and equipment: None permitted without an approved fencing and landscaping screening plan approved as part of the permit application. (6) Fencing: All fencing shall be approved by the Planning Commission and Board of Trustees, as part of the permit application. Chain-link fencing is prohibited. 23 (7) Refuse and service areas: All trash areas shall be easily accessible by trash collection vehicles and screened from public view by either landscaping or a fence that is architecturally compatible with the development. Unsightly mechanical and electrical equipment and all service areas shall also be screened from public view. (8) Open space: Not less than sixty-six percent (66%) and not more than seventy-five percent (75%) of the total site area per single mechanical wastewater treatment plant shall be designated as open space. Town staff and the Planning Commission shall recommend, and the Board of Trustees shall determine, the appropriate portion of the site to be designated as open space. Such reservation shall be of lands not suitable or necessary for mechanical wastewater treatment plant purposes and shall not exceed eighteen (18) acres per plant site. The Board of Trustees hereby finds and declares that such open space designation is required for adequate protection of the public health, safety and welfare by ensuring proper separation between mechanical wastewater treatment plants and other uses. The following additional regulations shall apply: Designated open space, as used herein, shall mean open space as defined by Section Ü 161-40 of this Chapter, lands dedicated and conveyed to the Town as public open space, or a combination thereof. If retained by the applicant, designated open space shall be subject to deed restrictions preserving its open space status (which deed restrictions may be modified only pursuant to an agreement between the Town and the applicant) or, alternatively, may be dedicated and conveyed to the Town as publicly owned open space. b. Within the range established herein, the exact acreage and location thereof to be designated for open space purposes, and that to be reserved for mechanical wastewater treatment plant purposes, shall be jointly determined by the Town and the applicant, and shall take into consideration the technological and engineering requirements to construct a plant that will serve the applicant's wastewater treatment requirements at build-out (including without limitation soil testing and setback requirements from any watercourse), reasonably foreseeable regulatory requirements imposed by federal, state or local governments, a buffer area between the plant facilities and the areas of public access, and an amount of land that represents a reasonable contingency for unforeseen circumstances. c. The applicant shall not use any part of its property located within the boundaries of the Business District within the Town for any purpose other than for mechanical wastewater treatment plant purposes, except as authorized by the Town pursuant to an application submitted under applicable portions of this Code. d. The obligation to designate land for open space purposes shall arise on the date that an application hereunder has received final approval by the Board of Trustees and has become effective by operation of law. It is the intent that, if land formerly used as wastewater lagoons is to be designated as open space, such land must be reclaimed and converted to wetlands, or a Recreational Class 2 facility (a pond) pursuant to the classification of the Colorado Department of Public Health and the Environment. Such ponds may be dedicated as public open space but may be used by the applicant in whole or in part for water augmentation purposes. e. The applicant shall complete reclamation of ponds formerly used as wastewater lagoons within four (4) years of the date they are taken out of service in connection with the start-up of the new mechanical wastewater treatment plant. Progress of reclamation of ponds shall be reported annually to the Board of Trustees. f. Notwithstanding any other provisions of this Paragraph, during the period of the 24 applicant's ownership, there shall be no public access to property owned by the applicant (including both property to be designated by the applicant for open space purposes and property retained by the applicant for mechanical wastewater treatment purposes). Section 16-4-380. Design Guidelines. The following design guidelines must be satisfied in connection with the approval, construction and continued operation of mechanical wastewater treatment plants as a use permitted by special review under this Division: (1) Maximum height: Thirty (30) feet above treated sludge conveyor and loading areas; twenty (20) feet above all other plant components; measured pursuant to the definition of height of building set forth in Section 16-1-40 of this Chapter. (2) Color: A color palette for all proposed structures and features shall be submitted to and approved by the Planning Commission and Board of Trustees at the time of permit application. The color palette shall be designed to permit flexibility to the applicant in designing the facility, while at the same time rendering the facility as visually unobtrusive as possible. The same or similar building materials and colors shall be used on main structures and any accessory structures upon the site. Exterior wall colors should be compatible with the site and complementary to the materials used, the surrounding environment and the context of the neighborhood. (3) Exterior building materials: Exterior materials and architectural forms shall include two (2) or more materials in addition to roofing and structure materials. The principal materials used on building facades should be wood (including siding), stone, brick, stucco, pre-cast concrete with an architectural finish, split face block or other material or facade acceptable to the Town. The facades of buildings must be broken up. Long, blank walls and roof lines must be avoided. All exterior wall materials must be continued down to finished grade, thereby eliminating unfinished foundation walls. The back of a building must have the same overall design as the front of a building. Exterior materials shall be approved by the Planning Commission and Board of Trustees. Prohibited external building materials: Metal. (4) (5) Roofs: Flat roofs are prohibited. All roofs must have a pitch of not less than two and one- half (2 ½) inches to twelve (12) inches. (6) Noise and odor: a. It is the intent of the Board of Trustees to regulate activities contributing or potentially contributing to the degradation of usage of property and of air quality within the Town limits in order to preserve public health, safety and welfare. Accordingly, no noise or odor shall emanate beyond the portion of the property used for wastewater treatment which interferes with the reasonable and comfortable use and enjoyment of property. b. The applicant shall submit, as part of its application, a plan for controlling and containing noise and odor on the site, and for measuring compliance with that plan. The plan, if and when approved by the Board of Trustees, shall become a permit condition and a condition of permit approval. c. Determination of a violation. A violation of either the noise or odor requirements of this 25 Paragraph shall be determined only in the event that the Town has received complaints from a resident, a visitor or Town staff. The Town or its designated representative shall investigate the complaint and make a determination of whether the standards set forth herein have been violated. If a violation is found, the permit holder, at the Town's direction, shall forthwith take action to remedy or remove the condition causing the violation. The permit holder shall have fifteen (15) days, or such other period of time as may be determined by the Town, in which to cure the violation in a manner acceptable to the Town. Failure to so cure the violation may result in assessment, in the sole discretion of the Town, of reasonable civil fines and penalties, or the filing of a complaint in Municipal Court. (7) Storage and removal of treated sludge: No treated sludge shall be stored on site except in the plant's primary structure. The removal of treated sludge shall occur at times mutually agreed upon by the applicant, the Planning Commission and the Board of Trustees. (8) Wastewater treatment facility: All components of the wastewater treatment facility, with the exception of the treatment basins, shall be enclosed within a permanent structure. Treatment basins may be uncovered, covered by a permanent structure or beneath a suitable floating cover, the design and color of which shall be permitted as a part of the use permitted by special review permit. Section 16-4-390. Landscape Requirements for Uses Permitted by Special Review. (a) Landscaping plan. The landscape plan shall include, as a minimum, the following: (1) North-indicating arrow. (2) Property lines. (3) Locations of the existing and proposed structures on the site. (4) Locations of all existing and proposed hard surface areas. (5) Table listing of botanical names, the common names and the planting sizes and quantities of all plantings. (6) Identify which existing trees will remain and which trees will be removed. (7) Location and description of landscaping improvements, such as earth berms, walls, fences, screens, lights, ground cover, planter boxes, water elements and other natural materials. (8) Irrigation plans. (9) A statement providing that the owner and his or her heirs, successors and assigns will provide adequate maintenance for all site elements. (10) Minimum size for all deciduous trees shall be two (2) inches in caliper. Minimum size for evergreen trees shall be six (6) feet in height. (11) Minimum size for all shrubs shall be five (5) gallons and at least one and one-half (PA) feet tall. (b) Landscaping requirements. 26 (1) Landscaping required: Fifteen percent (15%) of lot area. (2) Tree requirement: Seventy-five percent (75%) of landscaping area. (3) Shrub requirement: Twenty-five percent (25%) of landscaping area. As part of review and approval of a use permitted by special review, the Planning Commission may recommend and the Board of Trustees may approve, in its sole discretion, a landscaping plan which provides for landscaping in amounts, location and composition different from the requirement set forth in this Section if, in the opinion of the Planning Commission and the Board of Trustees, such alternate landscaping plan meets or exceeds the goals sought to be attained by the numeric landscaping requirements of this Section, by obscuring, to the full extent possible, the facility or facilities permitted by special review. (c) Landscaping maintenance. (1) Landscaping maintenance shall include irrigation, fertilization, pruning and weed control. Nonliving elements in landscaping also need maintenance to avoid being in violation of this Article. (2) Prior to issuance of a certificate of occupancy, the applicant shall also submit a guaranty or performance bond, in a form acceptable to the Town, of twenty-five percent (25%) of the estimated cost of the plant material provided as part of the landscaping requirement. This amount shall be retained by the Town until the plant materials have been maintained in a satisfactory condition for two (2) years after installation. The Town may during that time draw upon the twenty-five-percent guaranty to replace plant materials which have died. The remainder of the guaranty, if any, shall be returned to the owner of record upon the expiration of the two-year period. 27 DRAFT 2011 Town of Fraser Sign Regulations ARTICLE 10 – SIGNS AND OUTDOOR ADVERTISING DEVICES Section 16-10-10 Purpose and Intent. It is the intent of these regulations to authorize the use of signs and sign structures that are compatible with their surrounds, appropriate to the activity that displays them and legible in the circumstances in which they are seen. These regulations are intended to create a framework for signs and sign structures that: 1. Promotes the creation of an attractive visual environment that promotes a healthy economy by: a. Permitting businesses to inform, identify and communicate effectively; and b. Directing the general public through the use of signs while maintaining attractive and harmonious application of signs on the buildings and sites. 2. Protects and enhances the physical appearance of the community in a lawful manner that recognizes the rights of property owners by: a. Encouraging the appropriate design, scale and placement of signs; and b. Encouraging the orderly placement of signs on the building while avoiding regulations that are so rigid and inflexible that all signs in a series are monotonously uniform; and c. Assuring that the information displayed on a sign is clearly visible, conspicuous, legible and readable so that the sign achieves the intended purpose. 3. Fosters public safety along public and private streets within the community by assuring that all signs are in safe and appropriate locations. 4. Have administrative review procedures that are the minimum necessary to: a. Balance the community’s objectives and regulatory requirements with the reasonable advertising and way finding needs of businesses. b. Allow for consistent enforcement of the Sign Code. c. Minimize the time required to review a sign application. d. Provide flexibility as to the number and placement of signs so the regulations are more responsive to business needs while maintaining the community’s standards. 5. Ensure that the constitutionality guaranteed right of free expression is protected. Section 16-10-20 Authority. The regulations herein are authorized by Article 31, Title 23, Colorado Revised Statutes, and are hereby declared to be in accordance with all provisions of these statutes. Section 16-10-30 Definitions. The following words and phrases shall have the following meanings: Abandoned Sign: A sign that no longer identifies or advertises an ongoing business, product, location, service, idea or activity conducted on the premises on which the sign is located. Alteration: A change in the size or shape of an existing sign. Copy or color change of an existing sign is not an alteration. Changing or replacing a sign face or panel is not an alteration. Animation: The use of movement or some element thereof, to depict action or create a special effect or scene. 3 Area of Sign: Refer to Section 16-10-110, Sign Area, Dimensions and Height. Attraction or Reader Board: Any sign having changeable copy for the purpose of advertising events, sales, services or products provided on site. Awning: A shelter projecting from and supported by the exterior wall of a building and composed of rigid or non-rigid materials and/or fabric on a supporting framework that may be either permanent or retractable. Awning Sign: A sign displayed on or attached flat against the surface or surfaces of an awning. Balloon Sign: A lighter-than-air gas-filled balloon, tethered in a fixed location, that has a sign with a message on its surface or attached in any manner to the balloon. Banner: A professional produced strip of cloth, plastic or similar material affixed to a building or railing which is located outdoors and contains language for advertisement, greeting or similar messaging purposes. Banner Sign: A sign utilizing a banner as its display surface. Billboard: See off-premise sign. Building Directory : A sign may be permitted for the purpose of identifying first floor tenants that do not have outside building frontage or upper floor tenants. Building Identification Sign: A sign may be permitted for the purpose of containing the name or address of a building and may include hours of operation and emergency information, providing such sign is located on the same site as the structure. Building Frontage: The horizontal, linear dimension of that side of a building which abuts a street, parking area, mall or other circulation area open to the general public. Where more than one (1) use occupies a building, each such use having a public entrance shall be considered to have its own building frontage, which shall be the front width of the portion of the building occupied by that use. In the case of a corner lot, the building frontage may be EITHER of the street frontages, but not both, at the option of the property owner or leasee. Bulletin Board: A sign that may be of permanent character or may be portable and may have characters, letters or illustrations that can be manually changed or rearranged for the purpose of advertising restaurant menus or special sales (i.e. dry erase boards). Canopy (Attached): An overhead structure or architectural project supported by attachment to a building on one or more sides and either cantilevered from such building or supported by columns at additional . pointsSimilar to a Marquee. Canopy (Freestanding): An overhead structure supported by columns, but not enclosed by walls. 2 Canopy Sign: Any sign affixed to the visible surface(s) of an attached or freestanding canopy. Changeable Copy Sign: A sign or portion thereof on which the copy or symbols change either automatically through electrical or electronic means (for example, time and temperature units), or manually through placement of letters or symbols on a panel mounted in or on a track system. Construction Sign: A temporary sign identifying the persons, firms or business directly connected with a construction project. Directional Sign : Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic. Display Time: The amount of time a message and/or graphic is displayed on an Electronic Message Sign. Dissolve/Fade: Modes of message transition on an Electronic Message Sign accomplished by varying the light intensity or pattern, in which the first message gradually reduces intensity to the point of not be legible and the subsequent message gradually increases intensity to the point of legibility. Electronic Message Center Sign : An on-premise sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. Flag: Any fabric of distinctive design that is used as a symbol or as a signaling device. Flashing: A pattern of changing light illumination where the sign illumination alternates suddenly between fully illuminated and fully non-illuminated for the purpose of drawing attention to the sign. Foot Candle: An English unit of measurement of the amount of light falling upon a surface (illuminance). One foot candle is equal to one lumen per square foot. A foot candle can be measured by means of an illuminance meter. Frame: A complete, static display screen on an Electronic Message Sign. Frame Effect: A visual effect on an Electronic Message Sign applied to a single frame to transition from one message to the next. Freestanding Sign: Any sign which is permanently affixed in or upon the ground, supported by one or more structural members, with air space between the ground and the sign face. Governmental Sign: A sign erected and maintained pursuant to any governmental functions, or required by law, ordinance or other governmental regulation. Grade: The level of the site at the property line located at the closest distance to the sign. Hanging Sign: A sign, with rigid or flexible connections, attached to a wall, fascia or beam of a building or canopy. Height of Sign: Refer to Section 16-10-110, Sign Area, Dimensions and Height. Holiday Decorations: Signs or displays including lighting which are a non-permanent installation celebrating national, state, and local holidays or holiday seasons. 1 Illegal Sign: Any sign placed without proper approval or permits as required by this Code at the time of sign placement. Illegal sign shall also mean any sign placed contrary to the terms or time limits of any permit and any nonconforming sign which has not been brought into compliance with any applicable provisions of this Code. Illuminated Sign: Any sign for which an artificial source of light is used in order to make readable the sign’s message, including internally and externally lighted signs and reflectorized, glowing or radiating signs. Logo: An emblem, letter, character, picture, trademark, or symbol used to represent any firm, organization, entity, or product. Marquee: A permanent roof-like shelter extending from part or all of a building face and constructed of some durable material which may or may not project over a public right-of-way. Marquee Sign: Any sign painted on or attached to or supported by a marquee. Master Sign Plan (MSP): A coordinated program of all signs, including exempt and temporary signs for a Planned Development District (PDD) larger than one hundred (100) acres. The sign program shall include, but not be limited to, indications of the locations, dimensions, colors, letter styles and sign types of all signs to be installed on the PDD. Mixed-Use Development/Complex: Any development project which contains retail, service and/or professional business establishmentsoccupying a building or group of buildings. Monument Sign: A permanent sign where the entire bottom of the sign is affixed to the ground. The location of the sign shall not obstruct traffic safety sight distance areas. Mural: A picture on an exterior surface of a structure. A mural is a sign only if it is related by language, logo, or pictorial depiction to the advertisement of any product or service or the identification of any business. Neon Sign: A sign with tubing that is internally illuminated by neon or other electrically charged gas. Nonconforming Sign: A sign which was validly installed under laws or ordinances in effect at the time of its installation, but which is in conflict with the current provisions of this Code. Off-Premises Sign: Any sign used for promoting an interest other than that of a business, individual, products, or service available on the premises where the sign is located. On-Premises Sign: Any sign used for promoting a business, individual, product or service available on the premises where the sign is located. Political, Civic and Noncommercial Signs: Any sign designed for the purpose of supporting or opposing a candidate, proposition or other measure at an election or for any other noncommercial expression not related to the advertisement of any product or service or the identification of any business. Portable Sign: Any movable sign not permanently attached to the ground or a building and easily removable using ordinary hand tools. Private Street: Primary access ways that are intended to provide vehicular access to multiple commercial 0 businesses and/or ownerships and are not dedicated as a public right of way. Projecting Sign: A sign which projects from and is supported by a wall or parapet of a building with the display surface of the sign in a plane perpendicular to or approximately perpendicular to the wall. Real Estate Sign: Any temporary sign pertaining to the sale, exchange, lease, rental, or availability of land, buildings, condominium and similar units, or apartments. Such signs may include building name and address, price and amenities, identity of seller or broker, and similar information. Revolving or Rotating Sign: An animated sign. Roof Sign: Any sign erected upon a roof, parapet, or roof-mounted equipment structure and extending above a roof, parapet, or roof-mounted equipment structure of a building or structure. Sandwich Board: A sign with two (2) faces attached at the top and open at the bottom so that the structure forms a wedge and is self-supporting. Scroll: A mode of message transition on an Electronic Message Sign in which the message appears to move vertically across the display surface. Sign: Any name, figure, character, outline, display, announcement, or device, or structure supporting the same, or any other device of similar nature designed to attract attention outdoors, and shall include all parts, portions, units, and materials composing the same, together with the frame, background, and supports or anchoring thereof. A sign shall not include any architectural or landscape features that may also attract attention. Sign Area: Refer to Section 16-10-110, Sign Area, Dimensions and Height. Sign Copy: The graphic content or message of a sign (words, symbols, logos, figures, numbers or symbolic representations). Sign Structure: Any structure designed for the support of a sign. Special Event Sign: Any temporary or non-permanent sign advertising or pertaining to any civic, patriotic or special event of general public interest. Temporary Sign: Any sign which is installed for a period not to exceed forty-five (45) days. Transition: A visual effect used on an Electronic Message Sign to change from one message to another. Travel: A mode of message transition on an Electronic Message Sign in which the message appears to move horizontally across the display surface. Vehicle Sign: Any sign permanently or temporarily attached to or placed on a vehicle or trailer for the purposes of business advertising; however, not to include signs affixed to vehicles or trailers for identification purposes. Wall Sign: Any sign attached to or erected on the exterior wall of a building or structure in a plane parallel or approximately parallel to the plane of said wall. Window Sign: Any sign affixed to the surface of a window with its message intended to be visible to the / exterior environment. Prior to submitting a formal application, applicants are encouraged to meet with the Planning Department to fully understand the Town’s requirements, objectives, interpretations, and review procedures. To ensure compliance with the regulations of this Article, a sign permit shall be required in order to erect, move, alter, reconstruct or repair any permanent or temporary sign, except signs that are exempt from permits in compliance with Section 16-10-130 of this Article. Changing or replacing the copy on an existing lawful sign shall not require a permit, provided that the copy change does not change the nature of the sign or render the sign in violation of this Article. A separate sign permit shall be required for each sign. Each person applying for a sign permit shall present or obtain a current Fraser business license. A sign permit fee shall be paid to the Town in accordance with the current fee schedule established by the Board of Trustees. Section 16-10-50 Application for Sign Permit. A complete application for a sign permit shall be submitted in writing on forms furnished by the Town staff. The application shall be submitted by the owner or his or her authorized agent and shall include, at a minimum, the following information: The name and address of the owner or other person in control of the real property upon which the 1. sign is to be erected, posted or displayed, and proof of ownership or interest in the property. The name of the person erecting the sign. 2. The address and legal description of the property upon which the proposed sign is to be located. 3. The type of sign. 4. The proposed location of the sign on the property identified; and the location and total surface area 5. of all other permitted signs existing on the property or buildings. Detailed drawings, drawn to scale, containing complete plans and specifications which indicate the 6. method of construction and anchoring to the building or ground, the total area of the proposed sign in square feet and the height of the proposed sign from the ground level. A detailed site plan, drawn to scale, which shall indicate all existing and proposed signs for the 7. site, including dimensions, colors, materials and/or illumination, if applicable, for each sign. Building elevations with signs depicted. 8. Any other information deemed necessary by the Town. 9. Sign permit fee as established by the current fee schedule. 10. . Section 16-10-60 Permit Review and Issuance. Within ten (10) business days of filing a completed application, the Town staff shall review the sign application in accordance with the established review criteria. The Town shall approve, approve with conditions or deny the sign permit. Upon the Town staff’s approval of the sign permit, the sign permit shall be issued to the applicant. Section 16-10-70 Sign Permit Review Criteria. The following review criteria will be used by the Town staff to evaluate all sign permit applications: 1. That the sign meets the requirements of this Article and other applicable codes; 2. That the sign conforms to the size, height and location requirements of this Article for the zoning district in which it is located; and 3. That the sign will not interfere with pedestrian or vehicular safety. Any appeal of the Town staff’s interpretation of this Article resulting in denial of a sign permit or approval with conditions shall be made to the Board of Trustees. The Board of Trustees shall review the application at the next regularly scheduled meeting. The decision by the Board of Trustees to either approve or deny the application shall be final. Section 16-10-90 Miscellaneous . Any sign type not specified herein shall be reviewed by Town staff on a case-by-case basis. Any appeal of the Town staff’s decision resulting in denial of a sign permit or approval with conditions for such a sign shall be made to the Board of Trustees in accordance with the preceding Section of this Code. Any request for an increase in the maximum allowable area for a sign or a variance from any of the requirements of this Article must be approved through a variance granted by the Board of Adjustment in accordance with the provisions of this Chapter. Section 16-10-110 Sign Area, Dimension and Height Measurement. 1. For a wall sign which is framed, outlined, painted or otherwise prepared and intended to provide a background for a sign display, the area and dimensions shall include the entire portion within such background or frame. 2. For a wall sign comprised of individual letters, figures orelements on a wall or similar surface of the building or structure, the area and dimensions of the sign shall encompass a regular geometric shape (rectangle, circle, trapezoid, triangle, etc.), or a combination of regular geometric shapes, which form, or approximate, the perimeter of all elements in the display, the frame, and any applied background that is not part of the architecture of the building. When separate elements are organized to form a single sign, but are separated by open space, the sign area and dimensions shall be calculated by determining the geometric form, or combination of forms, which comprises all of the display areas, including the space between different elements. 3. For a freestanding sign, the sign area shall include the frame, if any, but shall not include: a. A pole or other structural support unless such pole or structural support is internally illuminated or otherwise so designed to constitute a display device, or part of a display device. - b. Architectural features that are either part of the building or part of a freestanding structure, and not an integral part of the sign, and which may consist of landscaping, building or structural forms complementing the site in general. 4. When two identical sign faces are placed back to back sothat both faces cannot be viewed from any point at the same time, and are part of the same sign structure, the sign area shall be - computed as the measurement of one of the two faces. 5. The height of a freestanding and monument sign shall be measured from the base of the sign or supportive structure at its point of attachment to the ground, to the highest point of the sign. The exception being that where a freestanding or monument sign or sign structure is mounted along a roadway that has a higher grade level as compared to the grade level directly below the freestanding or monument sign or sign structure, then the freestanding or monument sign or structure’s height will be measured from the roadway grade level to the highest point of the freestanding or monument sign or sign structure. 6. Clearance for freestanding and projecting signs shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework. Section 16-10-120 General Sign Requirements. Wall signs Each tenant may have multiple wall signs as long as the total wall sign area does not exceed the allowances established above. The wall sign or signs, shall not be greater than eighty (80%) percent of the length of the tenant space or the length of the building frontage for single tenant buildings. This is to assure that the sign of one tenant is not so close to the sign of an adjacent tenant that the two signs would run into each other. Wall signs may not extend above the top of the building wall upon which they are mounted. Projecting signs 1. Projecting signs shall be a minimum of eight (8) feet above the sidewalk; the sign shall not project more than 6 feet from the wall of the building on which the sign is placed. Minimum spacing between projecting signs shall be 20 feet. Freestanding signs 1. The area of freestanding signs shall be a maximum of forty (40) square feet. 2. Freestanding signs may not extend into the right-of-way. Monument Signs 1. The area of monument signs shall be a maximum of forty (40) square feet. Permanent Banners 1. Banners used as permanent signs are allowed in the Business District and all Mixed Use, Lodging , and Commercial zoned planning areas in all Planned Development (PD) Districts and will be included in the total square footage of permanent signage allowed on the site. 2. The area of a permanent banner shall not exceed fifty (50) square feet. Temporary Banners Banners used as temporary signs are regulated under the Section 16-10-130, Exempt Signs. Electronic Message/Changeable Copy Signs 1. Changeable copy by non-electronic means may be utilized on any permitted sign. 2. Electronic Message Center (EMC) signs are only permitted in the Business District. 3. An EMC sign may be a portion of a building sign or freestanding sign, or may comprise the entire sign area. 4. Changeable copy by electronic means, or electronic message centers (EMCs) shall be permitted subject to all applicable requirements in this sign code and subject to the following limitations: a. Only one (1) EMC sign is permitted per business. b. The area of each EMC shall not exceed 40 (forty) square feet. c. The EMC shall be programmed to display static messages for minimum durations of 8 seconds with no dark time between messages. d. EMC’s may display frame effects permitted for transitioning from one static message to the next so long as such effects last no longer than 2 seconds. The use of animation and flashing are specifically prohibited at all times. e. Information displayed shall be communicated in a single message. Multiple sequential messages may not be used to communicate portions of a single message. f. Advertising on the sign shall be limited to on-site businesses, but messages regarding local community events are allowed. g. The EMC shall be programmed to have a dark or black background unless such advertising graphic (which may be required by a merchant or parent company under a franchise or marketing agreement) is dark and a lighter contrasting background is required to allow the logo to be visible. h. Messages displayed shall not include text or images that may be confused with any authorized traffic sign signal or device; or which makes use of the words “STOP,” “LOOK,” “DANGER,” or any other word, phase, symbol or character in such a manner as to interfere with, mislead or confuse traffic. i. All EMCs shall come equipped with dimming technology that automatically adjusts the display’s brightness based on ambient light conditions. The intensity of the light source shall not produce glare, the effect of which constitutes a traffic hazard or is otherwise detrimental to the public health, safety or welfare. + j. All EMC’s shall be programmed to be turned off or go to a dark setting (no visible images) between the hours of 9:00 PM and 7:00 AM daily unless the business where the sign is placed in open for business, in which case, such sign may remain illuminated during hours in which the business is in operation. Such hours shall be listed as a condition on the sign permit. The brightness of the sign shall not be greater than 0.3 foot candles above ambient light as k. measured from a preset distance depending on sign area, measured as follows: Area of Sign Measurement sq. ft. Distance (ft.) 10 32 15 39 20 45 25 50 30 55 35 59 40 63 45 67 50 71 55 74 60 77 65 81 70 84 75 87 80 89 85 92 90 95 95 97 100 100 34 l. Applications for sign permits containing an electronic display shall include the manufacturer’s specifications, foot candle rating and the method of dimming. The Town shall have the right to enter the property and the view the programmed specifications of the sign to determine compliance with this Section of the Code. m. Town staff shall have the authority to require adjustments in the brightness, programming or other operational standards applicable to the sign if necessary to address public health, safety or welfare concerns. The holder of the permit shall reasonably cooperate with the Town on such adjustments. n. EMC’s that experience a technical malfunction, such that all or a portion of the message is not functioning in compliance with the above-described requirements, shall be turned off completely, until the sign is completely functional. o. All EMC’s must be maintained in good working condition. Section 16-10-130 Exempt Signs. The following signs are exempt from the permit regulations of this Article and may be placed in any zoning district subject to the provisions of this Article. All such signs (except government signs) shall be located outside a public right-of-way, unless otherwise granted permission for such location by the Town or the Colorado Department of Transportation (CDOT). Signs shall not interfere with traffic signs or the sight distance triangle at intersections. The following exempt signs shall be unlit unless specified below: 1. Any public purpose/safety sign and any other notice or warning required by a valid and applicable federal, state or local law, regulation or resolution. 2. Works of art that do not include a commercial message. 3. Holiday decorations. Noncommercial decorations or displays (including strings of lights), when such are clearly incidental to and are customarily and commonly associated with any national, state, local or religious holiday or celebration; provided that such decorations or displays are maintained and do not constitute a fire hazard. 4. Flags. Flags, crests or banners of nations, organizations of nations, states and cities, or a. professional fraternal, religious or civic organizations, except when displayed in connection with commercial promotion or as an advertising device. All flags shall be displayed in a proper manner. Decorative flags, banners or pennants or a combination of the same, constituting an b. architectural feature which is integral to the design of a project. 5. Building identification signs, provided that such signs shall not exceed four (4) square feet in size. 6. Temporary Banners. Banners applied to paper, plastic or fabric used to decorate or attract 33 attention to a business establishment, provided that: Banners are displayed in conjunction with a grand opening celebration or a special event or a. sale. As a general rule, banners cannot be displayed for more than forty-five (45) consecutive days. Businesses may display a maximum of two (2) banners with a combined total area of not more b. than fifty (50) square feet. If a business is situated on a corner lot with two (2) street frontages, the owner may be permitted to display up to fifty (50) square feet per street frontage. Banners shall be securely attached to the wall of the establishment, freestanding signs or light c. poles on private property. Banners must be removed immediately if damaged or in disrepair. A business can display a banner as its main identification for up to a three-month period of d. time while permanent signage is being made. Banners shall not be used in lieu of permanent signage. 7. Bulletin board/notice boards/menu boards/display case. On-site bulletin boards, notice boards, menu boards or display boards not exceeding six (6) square feet in gross surface area. Such signs, or portions thereof, may be portable and may have characters, letters or illustrations that can be manually changed or rearranged for the purpose of advertising restaurant menus or special sales (i.e., dry-erase boards). Such portable signs may only be displayed during business hours. 8. Directional. If the Board of Trustees elects to erect standardized business directory signs, such signs shall be exempt from all provisions and regulations of this Article, except that these signs shall comply with the lighting requirements of this Article. 9. Garage, estate or yard sale. Signs which advertise a garage, estate or yard sale on the lot on which the sign is located; such signs may be erected no sooner than two (2) days prior to the date of the sale and must be removed within (1) one day after the date of sale. 10. Highway banners. If the Board of Trustees elects to erect temporary highway banners, such signs shall be exempt from all provisions and regulations of this Article. 11. Informational signs or way-finding signs (i.e., arrows for drive-in/fast-food restaurant) shall be permitted in addition to all other signs when they are of such size and location that satisfy the intended instructional purpose and based on their location, and intended purpose will not constitute additional advertising. Informational signs shall be permitted provided that they shall not exceed two (2) square feet in size. 12. Merchandise and window signs. Merchandise, pictures or models of products or services which are incorporated as an integral part of a window display or signs located or painted on the interior side of the window, such as "open" and "closed" signs, or signage indicating the acceptance of credit cards. Electronic message center signs may be permitted on the interior side of the window. Merchandise/window signs shall cover not more than fifty percent (50%) of the display windows on any business or building and must comply with the lighting requirements of this Article. 13. Political signs. Signs, posters and banners indicating support for or opposition to a political candidate or question. Such signs, posters or banners shall not be erected or placed prior to sixty (60) days before an election, and shall be removed within seven (7) days following the election. No such 32 signs, posters or banners shall be placed upon or shall extend into any public property or right-of-way. 14. Public information signs. Signs which identify restrooms or public telephones or provide instructions as required by law or necessity, provided that the sign does not exceed four (4) square feet in area. These signs shall comply with the lighting requirements of this Article. 15. Religious symbols. Religious symbols located on a building or lot used for organized religious services. These symbols shall comply with the lighting requirements of this Article. 16. Sale, lease, rent. Signs used to offer for sale, lease or rent the land or buildings upon which the sign is located, provided that: a. One (1) sign per lot advertising real estate ("For Sale," "For Rent" or "For Lease") not to exceed six (6) square feet in area. b. All such temporary signs shall be removed within seven (7) days after the real estate closing or lease transaction. 17. Sandwich boards. Sandwich boards used to attract attention to a business establishment, provided that: a. Businesses may display a maximum of one (1) sandwich board, and the total square footage cannot exceed 16 square feet in area per side. b. Sandwich boards shall be placed only in front of the space occupied by the establishment to which the sign pertains and in a location which will not cause unreasonable annoyance or inconvenience to adjoining property owners and/or the public. During winter months, the location of each sandwich board must not interfere with snow removal. c. Sandwich boards may be displayed only during business hours when the establishment to which a specific sign pertains is open for business. d. Sandwich boards must be removed immediately if damaged or in disrepair. 17. Scoreboards. Scoreboards for athletic fields, provided that such scoreboards shall comply with the lighting requirements of this Article. 18. Vehicular signs. Unlit signs displayed on motor vehicles which are being operated or stored in the normal course of a business, such as signs indicating the name of the owner or business which are located on moving vans, delivery trucks, rental trucks and trailers and the like, shall be exempt from the provisions of this Article, provided that the primary purpose of such vehicles is not for the display of signs, and provided that they are parked or stored in areas appropriate to their use as vehicles. 19. Construction. On-site construction signs, provided that: a. Signs in conjunction with any residential use shall not exceed six (6) square feet each. b. Signs in conjunction with all other uses shall not exceed 32 square feet each. c. Only one (1) such sign permitted per lot. d. Such signs shall identify an architect, contractor, subcontractor, material supplier, financial lender 31 and/or renderings of the project. e. Such signs shall be removed within thirty (30) days after completion of the project. Sec. 16.10.140 Prohibited Signs. 1. Abandoned signs, as defined in Section 16-10-30. 2. Signs on vehicles when the vehicle is placed in a location not normally expected for such vehicles, and the location apparently has the primary purpose of attracting attention or providing advertising in addition to that permitted for legal wall and/or freestanding signs on the site. 3. Signs located on trees, utility poles, public benches or any other form of public property or within any public right-of-way unless explicitly permitted by the regulations. 4. Signs which produce audible noise or sounds. 5. Signs which emit visible smoke, vapor, particles or odors. 6. Flashing, rotating, blinking or moving signs, animated signs, signs with moving, rotating or flashing lights, noisemaking signs, signs with mechanical or electrical appurtenances, such as "revolving beacons," or signs that create the illusion of movement and are designed to compel attention except for time and temperature devices and electronic message center signs. 7. Any sign that is erected in such a location as to cause visual obstruction or interference with motor vehicle traffic, or traffic-control devices, including any sign that obstructs clear vision in any direction from any street intersection or driveway. 8. Any sign painted, erected, constructed and maintained wholly upon, above or over the roof of any building. 9. Any sign, other than traffic control signs, erected, constructed or maintained within, over or upon the right-of-way of any road or highway, except in the case of a sign for which a permit has been issued in accordance with the requirements of this Article. 10. Off-premises advertising signs or any other sign not pertinent and clearly incidental to the permitted use on the property where located, except for signs permitted in Section 16-10-170 of this Article. An off- premises sign in existence at the time of the adoption of the initial ordinance codified herein may be used in conjunction with the same business or activity with which it was associated and which was in existence on the date of adoption of said ordinance. Any off-premises sign which has been damaged or has not been maintained shall be removed. 11. Any sign which interferes with free passage from or obstructs any fire escape, downspout, window, door, stairway, ladder or opening intended as a means of ingress or egress. 12. Inflatable freestanding signs, tethered balloons and searchlights, except as allowed in Section 16- 10-190. 13. Any sign, including its supporting structure, in existence thirty (30) days or more after the premises have been vacated or advertises an activity, business, product or service no longer produced or conducted upon the premises upon which such sign is located. If the sign or sign structure is covered or the identifying symbols or letters removed, an extension of time may be granted by the Town staff upon good cause for such extension being shown. (This provision shall not apply to 30 permanent signs accessory to businesses which are open only on a seasonal basis, provided that there is clear intent to continue operation of the business). 14. Any sign or sign structure which is structurally unsafe, constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation or obsolescence and/or is not kept in good repair. Sec. 16-10-150 Residential Sign Standards. Unless specified in another section of this Article, signs in the R-1, R-2, R-3, R-4, M-1, M-2 and ZLL Districts shall be permitted as follows: 1. Residential developments shall be permitted one (1) identification sign per primary street access. Such identification sign shall be limited to twelve (12) square feet. 2. Freestanding, monument, projecting and wall signs are allowed. The maximum height shall be determined on a case-by-case basis during review by the Town staff, not to exceed twelve (12) feet. Height, color and lighting shall be consistent with the character of the neighborhood and not conflict with any other part of these regulations. Sec. 16-10-160 Nonresidential/business Sign Standards. Signs identifying other activities which are authorized in the R-1, R-2, R-3, R-4, M-1, M-2 and ZLL Districts shall be limited to six (6) square feet. Sec. 16-10-170 Business/Commercial Sign Standards. Sign types. All types of signs shall be permitted in the Business District. The aggregate area of all signs, 1. both temporary and permanent, displayed on a site shall not exceed the total allowed sign area established by this Section. The total square footage of allowable sign area for any building shall be limited to two (2) square feet of sign area for each one (1) lineal foot of building frontage, provided that no more than seventy-five percent (75%) of the total allowable signage per storefront may be used by any one (1) sign and the maximum size for any one sign is one hundred (100) SF. In those instances where a building has two (2) building frontages, the applicant shall choose one building frontage to calculate the allowable square footage. Businesses with a building frontage of less than twenty-five (25) linear feet shall be allowed a maximum sign area of fifty (50) square feet. Mixed Use Developments/Shopping Complex. 2. Mixed use developments shall be permitted one (1) joint identification sign for each vehicular entrance to or exit from the premises. Such sign may include and shall be limited to one (1) freestanding sign for each means of entrance to or exit from the premises, not to exceed forty (40) square feet in size (for all tenants within the complex) and twenty (20) feet in height from the ground, or one (1) monument sign for each vehicular entrance to or exit from the premises, not to exceed forty (40) square feet in size (for all tenants within the complex) and twelve (12) feet in height from the ground. Off-premise signs may be permitted if the business street frontage is not on U.S. 40. Property owner permission 3. is required and off-premises signs must be approved by the Board of Trustees on a case-by-case basis. Section 16-10-180 Special Event Signs. 1. Inflatable freestanding signs, tethered balloons and search lights shall be erected no sooner than two (2) days prior to and removed no later than one (1) day after the event. 2. All other special event signs shall be erected no sooner than seven (7) days prior and removed no later than one (1) days after the event. 3. No such sign shall exceed thirty-two (32) square feet. 4. All such signs shall be located off the public right-of-way, unless otherwise granted permission for such location by the Town or the Colorado Department of Transportation (CDOT). In no case may any such sign 3/ impede the view or travel of any motorists or pedestrians or be attached to any structure within the right-of- way (government signs, telephone poles, etc.). Sec. 16-10-190 Signs in Planned Development (PD) District. 1. Signs in a PD District shall be in accordance with the provisions in this Article governing the type of land use most similar to that within the PD District, unless otherwise provided for by the conditions and parameters of the PD District. Each PD District larger than one hundred (100) acres is encouraged to submit a Master Sign Plan (MSP) for the overall development. A MSP may be submitted that permits consideration of unique conditions, flexibility and creativity. 2. The purpose of a MSP is to establish design compatibility for a coordinated program of common signage, to provide for flexible signage opportunities that are greater than the signage otherwise allowed under this Article and to communicate to the public the planned land uses and their locations within the PD District. An application for approval of a MSP shall include, at a minimum, the following: A complete set of design standards that establishes a unified theme for all signs, including a. architecture, materials, colors, letter and logo sizes, letter styles, lighting, mapping and other graphics; Identification of locations and sign sizes that relate to major decision points and b. destinations; A statement of the intended use of the sign (i.e., permanent or temporary); c. A maintenance plan; and d. Any other information deemed necessary by the Town. e. The types of signs approved as part of a MSP may include the following: 4. Signs used to identify an approved future development or a project that is under a. construction; Identification signs stating the name of the project, developer and contact information; b. Project information center directional signs; c. Signs identifying approved PD District land uses; and d. e. Any other sign, map or graphic designed to communicate to the public the general layout of the development project. The Planning Commission shall review the MSP at a public hearing and make a recommendation to 5. the Board of Trustees. The form of application shall be at the discretion of the applicant but shall include, at a minimum, the information set forth in Subsection (2) above. The fee for the review of the MSP shall be as established by the current fee schedule set forth in 6. Appendix A to this Code. Upon approval of the MSP, subsequent application for specific signs shall be approved administratively when the proposed sign is in compliance with the approved MSP. Each sign shall require a sign permit and applicable fee. 3. Upon approval of an MSP, all signage within the limits of the PD District shall comply with the 7. established design standards. Section 16-10-200 Construction Standards and Illumination. The construction, erection, safety and maintenance of all signs shall comply with the International Building Code as adopted by the Town. 1. Signs shall be structurally sound and located so as to pose no reasonable threat to pedestrian or vehicular traffic. 2. All permanent freestanding signs shall have self-supporting structures erected on, or permanently attached to, concrete foundations. 3. If possible, signs should not be in locations that obscure architectural features such as pilasters, arches, windows, cornices, etc. 4. The signs should not be in locations that interfere with safe vehicular and pedestrian circulation or public safety signals and signs 5. No signs shall be erected, constructed or maintained so as to obstruct any fire escape, required exit, window, or door opening used as a means of egress. 6. Signs may be illuminated by external or internal means provided that: a. The brightness and intensity shall not be greater than necessary to meet reasonable needs of the business or use served; b. Light sources shall be shielded, shaded or hooded to direct the light inward and downward onto the sign and away from all adjacent buildings and streets; c. The lighting shall not create excessive glare to pedestrians and/or motorists, and will not obstruct traffic control or any other public informational signs; d. Electrical supply to freestanding illuminated signs must be underground; and e. An electrical permit may be required per the electrical code for illuminated signs. Section 16-10-220 Maintenance. 1. Every sign and sign structure, including those signs and sign structures for which no permit or permit fees are required, shall be maintained in good repair at all times and shall not constitute a hazard to safety, health or public welfare by reason of inadequate maintenance or deterioration. The display surfaces of all signs shall be kept neatly painted at all times. 2. The owner of any sign regulated by this Article shall be required to keep signs and supporting hardware structurally safe, clean, free of visible defects, including graffiti, and functioning properly at all times. Repairs to signs shall be equal to or better in quality of materials and design than the original sign. 3. The Town may inspect any sign governed by the Article and shall have the authority to order the painting, repair, alteration or removal of a sign which constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation or obsolescence. All associated costs shall be the responsibility of the property owner or permit holder. 4. Required landscaping must be properly maintained as to not allow the foliage to die or allow the proliferation of weeds or disrepair of any part integral to the landscaping. Anyone who violates any of the sign regulations provided in this Article shall be subject to the same 1. penalties as provided in this Chapter for zoning violations. The Town may cause the removal of any sign within the public right-of-way or on property that is 2. otherwise abandoned or that has been erected or placed without first complying with the requirements of this Article. Signs removed in compliance with this Article shall be stored by the Town for thirty (30) days, during 3. which time they may be recovered by the permit holder and/or owner only upon payment to the Town for costs of removal and storage. If not recovered within the thirty (30) day period, the sign and supporting 3- structure shall be declared abandoned and title shall vest with the Town. The costs of removal and storage, up to thirty (30) days, may be billed to the owner. Section 16-10-240 Legal Nonconforming Signs. Any sign located within the boundaries of the Town that does not conform with the provisions of this Article but which was in compliance with applicable law on the date of adoption of the initial ordinance codified herein or the date of annexation, whichever is applicable, or which became nonconforming as a result of subsequent amendments incorporated into this Article, shall qualify as a legal nonconforming sign. Legal nonconforming signs may be continued to be maintained, provided that such signs are kept in good repair and so long as such signs are not relocated, replaced or structurally altered. Changing light bulbs or ballasts, replacing/repainting sign faces or repainting the sign frame that represents no change in the use of the facility or overall size of the sign shall not be considered replaced or structurally altered, but shall be considered maintenance as required to be performed by Section 16-10-220 of this Article. Section 16-10-250 Other Restrictions. Property owners may be restricted by covenants, deed restrictions, lease agreements or other means on the size, number, erection and location of signs on their property. Such restrictions shall be deemed valid as long as they do not conflict with the provisions set forth in this Article. 3, TOWN OF FRASER ORDINANCE NO. 392 Series 2011 AN ORDINANCE AMENDING THE ZONING REGULATIONS OF THE TOWN OF FRASER, INCLUDING REGULATIOSNS RELATING TO THE BUSINESS DISTRICT AND SIGNS AND OUTDOOR ADVERTISING DEVICES, AND MAKING CONFORMING AMENDMENTS TO THE CODE OF THE TOWN OF FRASER WHEREAS, pursuant to Colorado Revised Statutes, Title 31, Article 23, Part 3, the Board of Trustees of the Town of Fraser is authorized to adopt and amend zoning regulations applicable within the Town; and WHEREAS, the following amendments to the Fraser zoning regulations were duly referred to the Fraser Planning Commission which favorably recommended the amendments to the Board of Trustees; and WHEREAS, a public hearing on such amendments was held by the Board of Trustees of the Town of Fraser, Colorado, pursuant to notice of said public hearing properly published as required by the Code of the Town of Fraser and Section 31-23- 304, Colorado Revised Statutes, as amended; and WHEREAS, the Board of Trustees finds and determines that the proposed amendments are in the best interests of the public health, safety and general welfare of the citizens, residents and taxpayers of the Town of Fraser; and that all applicable requirements of the Code of the Town of Fraser and state statutes have been met with respect to the adoption of said amendments. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: PART 1: ADOPTION OF AMENDED ZONING REGULATIONS AND AMENDMENT OF TOWN CODE. 1.1 Chapter 16, Article 4 of the Code of the Town of Fraser, Colorado (herein sometimes referred to as the "Town Code"), entitled Business District, is hereby amended in its entirety by the adoption of the amended regulations set forth in Exhibit "A" attached hereto and incorporated herein by this reference. 1.2 Chapter 16, Article 10 of the Code of the Town of Fraser, Colorado, entitled Signs and Outdoor Advertising Devices, is hereby amended in its entirety by the adoption of the amended regulations set forth in Exhibit "B" attached hereto and incorporated herein by this reference. 1.3 Section 16-1-40 of the Town Code, entitled "Definitions", is hereby amended as follows: (a) The definitions of Absolute policy, Classification and Relative policy are hereby deleted in their entirety. (b) The definition of Major proposals is amended to read as follows: Major proposal means any development within the Business zone which includes any of the following activities or elements: a. Residential uses which include four three (3) units or more. b. Lodging and hotel uses. c. Bed and breakfasts and boarding houses. d. New commercial, office and industrial structures. (c) The definition of Minor proposals is amended to read as follows: Minor proposal means any development within the Business zone which includes any of the following activities or elements: a. Modifications to existing Development Permits. b. Changes in use. c. Single-family and duplex residential structures. d. Additions to single-family and duplex g. Additions to commercial, office or industrial structures. f. Site work, landscaping, grading and utility installations. (d) The definition of Sign is amended to read as follows: Sign means any name, figure, character, outline, display, announcement, or device, or structure supporting the same, or any other device of similar nature designed to attract attention outdoors, and shall include all parts, portions, units, and materials composing the same, together with the frame, background, and supports or anchoring thereof. A sign shall not include any architectural or landscape features that may also attract attention. (e) A new definition is added, to read as follows: Temporary and/or Seasonal proposals, uses and events (including mobile vending units, transient merchants and special events) means any development within the Business Zone which is permitted for not more than a six (6) month period in any calendar year subject to the requirements specified in Section 16-4-40. 1.4 Section 16-1-50 of the Town Code, entitled "Planning Commission", is hereby amended by amending subsection (c) thereof to read as follows: - 2 - (c) The Planning Commission and/or Town staff shall also have the authority to issue development permits as set forth in Article 4 of this Chapter. PART 2: PENALTY CLAUSES. The following section of the Code of the Town of Fraser, Colorado, contains penalty clauses applicable to violations of this Ordinance, and such section is herewith set forth in full and hereby enacted: Sec. 1-4-10. General penalty for violation. It shall be unlawful for any person to violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Code; and where no specific penalty is provided therefor, the violation of any provision of this Code shallbe punished by a fine not exceeding one thousand dollars ($1,000.00), by imprisonment for a term not exceeding one (1) year, or by both such fine and imprisonment. Each day such violation continues shall be considered a separate offense PART 3: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. PART 4: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 5: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. This Ordinance shall be published by title only. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS _____ DAY OF __________________________, 2011. Votes in favor: ___ BOARD OF TRUSTEES OF THE Votes opposed: ___ TOWN OF FRASER, COLORADO Votes abstained: ___ BY: ________________________________ - 3 - Fran Cook, Mayor ATTEST: ( S E A L ) _________________________________ Lu Berger, Town Clerk Published in the Middle Park Times on ______________. - 4 - FOURTH AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT FOR COZENS POINTE AT GRAND PARK This FOURTH AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT FOR COZENS POINTE AT GRAND PARK (this “Amendment”) is made as of November 16, 2011 by and between COZENS PONITE LLC, a Colorado limited liability company (“Subdivider”), and the TOWN OF FRASER, a municipal corporation of the State of Colorado (“Fraser”). RECITALS This Amendment is made with reference to the following facts: A. Subdivider and Fraser previously executed a Subdivision Improvement Agreement (“SIA”) pertaining to required public improvements for the subdivision known as Cozens Pointe at Grand Park, which Agreement was recorded in the Grand County real estate records on September 19, 2006 at Reception No. 2006-009842; B. Subdivider and Fraser previously executed an Amendment to the Subdivision Improvement Agreement which extended the “Finish Date” provided in Exhibits “C” and “D” of the SIA to November 30, 2009, with respect to the streets included in the Phase Two improvements described in the SIA. Said Agreement was recorded in the Grand County real estate records on January 22, 2009 at Reception No. 2009000674; C. Subdivider and Fraser previously executed a Second Amendment to the Subdivision Improvement Agreement which extended the “Finish Date” provided in Exhibits “C” and “D” of the SIA to November 30, 2010, with respect to the streets included in the Phase Two improvements described in the SIA. Said Agreement was recorded in the Grand County real estate records on September 24, 2009 at Reception No. 2009009226; D. Subdivider and Fraser previously executed a Third Amendment to the Subdivision Improvement Agreement which extended the “Finish Date” provided in Exhibits “C” and “D” of the SIA to November 1, 2011, with respect to the streets included in the Phase Two improvements described in the SIA. Said Agreement was recorded in the Grand County real estate records on November 2, 2010 at Reception No. 2010008658; E. Subdivider has now completed all of the streets included in the Phase Two improvements, and has requested and received preliminary acceptance of such improvements; F. Subdivider has completed all other required subdivision improvements secured in the original SIA and has received final acceptance of all other improvements except the streets included in the Phase Two improvements; AGREEMENT NOW, THEREFORE, in consideration of the premises, Fraser and Subdivider covenant and agree as follows: 1. The required surety for the one-year warranty period for the streets included in the Phase Two improvements will be calculated consistent with the requirements of the subdivision regulations. The required surety dollar amount shall be calculated as follows: Final invoice amount for the street improvements $45,641.00 X 125% x 20% = $11,410.25. 2. Town of Fraser will agree to reduce the current letter of credit of $194,139.26 to $11,410.25. Said surety will be held by the Town of Fraser during the one-year warranty period and shall be released upon final acceptance of the streets included in Phase Two improvements. 3. All other provisions of said SIA shall remain unchanged and in full force and effect. 4. This Fourth Amendment may be executed in one or more counterparts, each of which will be deemed to be original, and all such counterparts taken together will constitute one and the same instrument. IN WITNESS WHEREOF, Fraser and Subdivider have executed this Fourth Amendment as of the day and year first set forth above. SUBDIVIDER: COZENS POINTE LLC., a Colorado limited liability company By: Gerald R. Ashbach, Sole Member STATE OF COLORADO ) ) ss: COUNTY OF GRAND ) The foregoing instrument was acknowledged before me this 16th day of November, 2011 by Gerald R. Ashbach, Sole Member of COZENS POINTE LLC., a Colorado limited liability company. Witness my hand and official seal. My commission expires . Notary Public FRASER: TOWN OF FRASER, a municipal corporation of the State of Colorado By: Fran Cook, Mayor STATE OF COLORADO ) ) ss: COUNTY OF GRAND ) The foregoing instrument was acknowledged before me this 16th day of November 2011 by Fran Cook as Mayor of the Town of Fraser, a municipal corporation of the State of Colorado. Witness my hand and official seal. My commission expires . Notary Public TOWN OF FRASER RESOLUTION NO. 2011-11-03 A RESOLUTION APPROVING A FOURTH AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT FOR COZENS POINTE AT GRAND PARK WHEREAS, the Subdivision Improvement Agreement (SIA) for Cozens Pointe at Grand Park (RECEPTION # 2009000674) provides for a schedule for completion of improvements; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. The Town Board of Fraser, Colorado hereby approves the attached Fourth Amendment to the Subdivision Improvement Agreement for Cozens Pointe at Grand Park and authorizes the Mayor to execute the Fourth Amendment to the SIA. 2. The Town Board of Fraser, Colorado hereby approves the reduction in surety as specified in said Fourth Amendment to the SIA. 2. All documents must be executed within thirty (30) days of the date of this Resolution or this approval shall no longer be effective. DULY MOVED, SECONDED AND ADOPTED THIS 16th DAY OF NOVEMBER, 2011. TOWN OF FRASER ATTEST: Fran Cook, Mayor _____________________________ Lu Berger, Town Clerk Personnel Handbook 2012 Effective 2012 Page 1 Table of Contents Introduction ................................................................................................................................................... 3 Welcome from the Town Manager ............................................................................................................... 4 The Town of Fraser ....................................................................................................................................... 5 Management Authority ................................................................................................................................. 8 Equal Employment Opportunity and Unlawful Harassment ...................................................................... 9 Employment Status and Benefits .............................................................................................................. 10 Statement of At-Will Employment ......................................................................................................... 10 Employee Status .................................................................................................................................... 10 Residency Requirement ........................................................................................................................ 11 Nepotism ................................................................................................................................................. 11 New Employee Orientation .................................................................................................................... 11 Workweek and Payroll Period Defined ................................................................................................. 12 Timesheets and Time Accounting ........................................................................................................ 12 Deductions from all Employees’ Pay .................................................................................................... 14 Benefits ........................................................................................................................................................ 15 CCOERA 401(a) Retirement Plan .......................................................................................................... 15 CCOERA 457 Deferred Compensation ................................................................................................. 15 Paid Time Off .......................................................................................................................................... 16 Comp Time .............................................................................................................................................. 17 Holidays .................................................................................................................................................. 18 Medical/ Dental/Life Insurance .............................................................................................................. 18 Workers Compensation Insurance ....................................................................................................... 19 Leave Without Pay for Temporary Disability ....................................................................................... 20 Section 125 Flexible Spending Accounts ............................................................................................ 20 Clothing Allowance ................................................................................................................................ 20 Annual Performance Bonus .................................................................................................................. 21 Seasonal and Part Time Employee Benefits ........................................................................................ 22 General Provisions ..................................................................................................................................... 24 Ethics and the General Standard of Conduct ...................................................................................... 24 Jury Duty ................................................................................................................................................. 24 Family and Medical Leave (FMLA) ........................................................................................................ 24 Military Leave ......................................................................................................................................... 25 Political Activity ..................................................................................................................................... 25 Voting ...................................................................................................................................................... 25 Professional Development/Training ..................................................................................................... 25 Business Expense Reimbursements ................................................................................................... 26 Gifts or Gratuity ...................................................................................................................................... 26 Smoking .................................................................................................................................................. 26 Vehicle Fueling Policy ........................................................................................................................... 26 Use of Town Property ............................................................................................................................ 27 Vehicle Use ............................................................................................................................................. 28 Telephone Use ........................................................................................................................................ 29 E-mail and Internet Use ......................................................................................................................... 29 Computer Systems and Network File Server ....................................................................................... 30 Children at Work .................................................................................................................................... 31 Pets at Work ........................................................................................................................................... 31 Dress Code ............................................................................................................................................. 31 Public Information Officer ..................................................................................................................... 31 Personnel Records ................................................................................................................................ 31 Town Records Management .................................................................................................................. 32 Outside Employment ............................................................................................................................. 32 Employee Evaluations ........................................................................................................................... 32 Disciplinary Action ................................................................................................................................. 33 Safety ...................................................................................................................................................... 34 Workplace Violence ............................................................................................................................... 34 Drugs and Alcohol ................................................................................................................................. 35 Effective 2012 Page 2 Introduction This personnel handbook is designed to acquaint all employees with the Town of Fraser and provide useful information about working conditions, employee benefits, and regulations affecting employment. It describes many responsibilities as an employee and outlines the programs developed by the Town to benefit employees. Employees should read, understand, and comply with all provisions of this handbook. No employee personnel handbook can anticipate every circumstance or question. If you have any un-answered questions or concerns after reading this handbook (or at anytime during your employment), please speak with your immediate supervisor, Department Head, or the Personnel Manager at your earliest convenience. As the Town of Fraser continues to grow and change and as the need may arise, the Town reserves the right to revise, supplement and delete any personnel policies or portions of this handbook from time to time as it deems necessary. The fundamental objectives of these personnel policies are: 1) To establish and maintain an equitable and uniform environment to promote high morale among Town employees by providing a good working environment, uniform personnel regulations and procedures, and an attractive, efficient and safe working environment; 2) To promote and increase efficiencies, responsiveness to the public, and economy in the service of the Town; 3) To provide a work environment that is conducive to both personal and professional growth; 4) To comply with all state and federal statutes and regulations. Effective 2012 Page 3 Welcome from the Town Manager I welcome you as a new employee to the Town of Fraser. I am pleased to have you join our team of dedicated employees. During your time with us, you will have the opportunity to work with a talented and diverse group of employees and to create lasting impressions of our Town among citizens and visitors alike. The services and facilities the Town provides are vital to the local economy and our quality of life. The team that you are joining is committed to excellence, and we have a great deal of pride in our achievements and in the manner in which we perform our job duties. Town employees are agents of public purpose and are expected to observe the highest standards of integrity. Conduct of Town employees must be above reproach so that the public shall have confidence in the integrity of its local municipal government. It is my expectation that all Town employees work in a fashion that earns the trust and respect of our residents. Unethical activities, political motivations, abuse of power, and other inappropriate behavior will not be tolerated. Employees should strive to establish productive communication and relationships with our residents and business owners. Further, each employee is expected to contribute to positive relations with other governmental jurisdictions and organizations. Equity, consistency, and good communication are essential values of this organization. In work, as well as in your recreational and personal pursuits, it is my sincere hope that you experience the special sense of community that defines Fraser. I hope that you find your employment with the Town exciting, challenging, and most of all enjoyable. Thank you for your commitment to the Town of Fraser and welcome aboard! Sincerely, Jeffrey L. Durbin Town Manager Effective 2012 Page 4 The Town of Fraser As a public official, a general understanding of the community history may be helpful. Fraser was originally established as a post office on the William Cozens ranch in 1876. Today, the Cozens ranch house remains on the property. While many of the ranch buildings no longer exist, the Grand County Historical Association uses the ranch house to educate and interpret this period of history. In addition to the ranch house, other historic features remain. The historic Cozens Cemetery and Cozens Meadow will be protected from development as will much of the Fraser River corridor through the Town of Fraser. Unlike many other mountain communities, the railway through the Fraser Valley does not closely follow the river corridor. Billy Cozens reportedly shot at railway surveyors and their stakes in his efforts to protect the Cozens Ranch, resulting in the railway alignment still in use today. The railroad played an important role in the history of the Fraser Valley providing jobs, access, and a means of transporting lumber out of the valley. History tells fascinating tales of the struggle to move people and materials via rail over the Continental Divide and through extremely difficult environments. The railroad continues to play an important role in the community as a means of transportation. In 1905 George Eastom acquired the town site land and recorded a plat of the town. Eastom came to the area to set up a lumbering operation in conjunction with the development of the Moffat Line Railroad. The Town of Fraser was incorporated as a municipality in 1953. Few pioneering souls made the Fraser Valley home prior to the lumbering industry. In 1890 the population of the area was about 157. The development of the lumber industry resulted in a short population boom as the population grew to 597 in 1920. The community prospered via the lumbering industry through the 1920s, but with the depression, the town’s population dropped to 218 in 1930. The population remained small through 1960 at 253, 1970 at 221, and 1980 at 470. The US Census in 2000 counted over 900 year-round residents. The population is expected to continue to grow at moderate rates into the future. The growth in recent decades has been fueled primarily by increased tourism focused on ski and resort areas. The lumber industry no longer plays a significant role in the local economy. While year-round population figures remain rather low, the influx of second home owners, tourists, and visitors greatly increase the peak demands on services within the Fraser Valley. Recent trends and development patterns indicate that the second home market in Fraser will play an increased role in the community. Effective 2012 Page 5 The Town of Fraser was host to a prisoner of war camp during World War II. The camp housed German prisoners, mostly captured on the Italian front at Anzio. The prisoners were employed in timber and sawmill operations. Ironically, ex-German POWs still visit the area and fondly reminisce about their time in Fraser. Later, Fraser became known as the “Western White House” as President Eisenhower spent many summer months fly fishing the local waters while serving in office. Most recently, the growth increases correspond to pressures related to the growth of the recreation industry. The Winter Park Ski Area has had tremendous impact on growth in the Fraser Valley. In addition to recreation based employment, people have located within the Fraser Valley for a recreation oriented lifestyle. The Fraser Valley continues to see growth in the second home market. Additionally, with ever increasing metropolitan sprawl, more people move to the area while maintaining Front Range employment. The local environment is extreme. Located very near the Continental Divide at an elevation of over 8,500 feet, the Town of Fraser has been called the “Icebox of the Nation.” Daily temperature variations typically result in a 40 degree shift from high to low. Manufacturers recognized the opportunity to conduct product research and development, along with field applications in this challenging environment. Vehicular anti-freeze, batteries, and snow tires were presented to residents for testing for many years following World War II. Manufacturers continue to bring new vehicles to the area for high altitude/ cold weather testing. The climate that provides the ski area with an annual average of over 362 inches of snow also provides for a rich and diverse wildlife habitat. Recognizing this, the Rocky Mountain Research Station was established with the Fraser Experimental Forest over 70 years ago. The Experimental Forest has provided a wealth of ongoing scientific research. Future generations will benefit from the recent establishment of the James Peak Protection Area. This wilderness area supplements other areas around the Fraser Valley and within the Arapaho National Forest including the Indian Peaks Wilderness Area, the Vasquez Wilderness Area, the Byers Peak Wilderness Area, and Rocky Mountain National Park. Visitors have come to the area to enjoy the scenic beauty since the late 1800s. Effective 2012 Page 6 The Town of Fraser is a Statutory Municipality with a Town Board-Manager form of government. The Town’s legislative authority is vested in an elected seven member Town Board, which includes the Mayor. These elected officials act as our citizens’ representatives to watch over and determine the direction of the organization. Town services are provided through various departments, including Administration, Building, Finance, Public Works, Law Enforcement, Community Development and the Wastewater Treatment Plant. Each department is expected to provide high-quality customer service to the public and to all other departments within the town. The public includes our permanent and seasonal residents, property owners, business owners and our community’s guests. Generally speaking, the Town Manager reports directly to the Town Board and all employees (either directly or via their supervisor) report to the Town Manager. Each employee should clearly understand their reporting relationships and their roles and expectations within the organization. See your supervisor or the Town Manager if you have any questions in this regard. As a Town of Fraser employee, it is important to understand the jurisdictional limits of the Town. Boundary maps are maintained at Town Hall to accurately depict the current boundaries of the Town. Properties outside these boundaries are outside the jurisdiction of the Town of Fraser and generally do not receive benefit of any services from the Town. This simple concept is complicated in the Fraser Valley due to the multitude of overlapping governmental jurisdictions and intergovernmental agreements. Currently, the Town of Fraser participates in over a dozen intergovernmental agreements that provide a variety of services to our residents. Employees must understand the intergovernmental relationships applicable to their specific role within the organization. Furthermore, employees are expected to behave in a manner that maintains and/or improves our intergovernmental relations. Effective 2012 Page 7 The Town of Fraser Board of Trustees has adopted an overall mission and values statement as a guide for all elected officials, appointed officials, and employees: Mission Statement In order to preserve the health, safety, and welfare of Fraser residents and businesses, the Fraser Town Board and staff will work to ensure environmental security, economic stability, and social well being. Values Statement In our goal to ensure a sustainable town, the Fraser Town Board and staff will emphasize our values of communication, fairness, privacy, patience, health, safety, humor, and trust. Management Authority The Town Council appoints a professional manager to run the day-to-day operations of the organization. The manager is the chief executive and administrative officer of the Town. The Town Manager is given the direction to implement and manage programs which carry out the Town Board’s policies and goals. The Town Manager is vested by the Town of Fraser’s Codes with the power and duty to hire, suspend, transfer, and remove Town employees on the basis of ability, training, and experience of such employees in the work which they are to perform, and to exercise supervision and control over all executive and administrative departments. Under this authority, the Town Manager establishes and implements these personnel policies and procedures, and retains all rights to administer matters pertaining to employees of the Town including, but not limited to: 1) Hire, promote, demote, discipline, discharge, classify, reclassify, transfer, retire, assign, layoff and recall employees; 2) Evaluate each employee’s skill, ability, efficiency, and general performance; 3) Reduce or expand the operation of any facility, department or division; 4) Privatize or contract for services; 5) Introduce new, improved, or modified services, methods, techniques and equipment, and otherwise generally manage and direct the operation of the work force; 6) Perform such other duties as prescribed by the Town Board which are not inconsistent with the Town’s Codes. The office of the Town Manager maintains an open door policy for employees. Any concerns that cannot be resolved with your supervisor may be discussed with the Town Manager. Furthermore, the success of the organization relies on the success of each employee. Toward that end, training and professional development opportunities are provided and it is expected that each employee strives toward individual growth and success. Above average performance is both encouraged and rewarded. Effective 2012 Page 8 Equal Employment Opportunity and Unlawful Harassment The Town of Fraser is dedicated to the principles of equal employment opportunity in any term, condition or privilege of employment. The Town does not discriminate against applicants or employees on the basis of age, race, sex, color, religion, national origin, disability, sexual orientation or any other status protected by federal, state or local law. This prohibition includes unlawful harassment based on any of these protected classes. Unlawful harassment includes verbal or physical conduct which has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment. This policy applies to all employees including managers, supervisors, co-workers, and non-employees such as customers, clients, vendors, consultants, independent contractors, elected officials and others. Sexual harassment is prohibited. Such harassment is defined as, but is not limited to, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to such conduct is made, either explicitly or implicitly, a term or condition of employment; submission to, or rejection of such conduct is used as a basis for personnel actions affecting the employee; or the result of conduct unreasonably interferes with an employee’s work performance or creates an intimidating, hostile, or offensive work environment. To carry out this policy, the Town of Fraser will commit to: Recruiting, hiring, training, and promoting for all jobs without discrimination on any of the bases outlined above; Making placement decisions solely on an individual’s qualifications for the positions being filled; Administering other human resource actions, such as pay, training, layoffs, etc….and other actions without discrimination on any of the bases outlined above. The Town of Fraser prohibits retaliation against any employee for filing a complaint under this policy or for assisting in a complaint investigation. If you believe there has been a violation of our EEO/UH policies or retaliation standard, it must be reported to the supervisor, Department, or Town Manager immediately. Effective 2012 Page 9 Employment Status and Benefits Statement of At-Will Employment Employment with the Town of Fraser is on an at-will basis. The employee may quit and/or the Town may terminate the employee at any time for any non-discriminatory reason or for no reason. The policies within this handbook are not intended to create a contract of employment, and no agreement or promise regarding an employee’s terms or conditions of employment are binding on the Town. To be considered to have resigned in good standing and to be eligible for re-hire on the basis of satisfactory performance record an employee must give two weeks notice of resignation. The department head may waive this requirement if the determination is made that the circumstances causing the resignation constitute a personal emergency. Upon notification of a resignation, a department head may choose, with Town Manager approval, to relieve the employee of their job duties and grant two weeks of severance pay. An employee absent for two consecutive days without authorization may be considered to have resigned without notice effective the end of the second day, and will be so notified. Final paychecks for employees who resign will be available on the next regular payday upon completion of an exit interview and return of all Town property in possession of the employee. The purpose of the exit interview is twofold: a. To provide information to the employee regarding benefit options upon separation; b. To offer the opportunity for the employee to provide comments or suggestions regarding employment with the Town. Employee Status Full-Time Employee – an employee who is normally scheduled to work at least 32 hours per week. Full-time employees who normally work less than 40 hours per week shall receive only pro-rata benefits as defined in this handbook. Part-Time Employee – an employee who is normally scheduled to work less than 32 hours per week. Seasonal Employee – an employee who is hired in a job established for a temporary period or for a specific assignment or group of assignments. Exempt Employee – an employee who is not eligible for overtime pay or compensatory time, as outlined in this handbook. Non-Exempt Employee – an employee eligible for overtime pay or compensatory time accrual. Non-exempt employees are eligible for paid overtime or accrued compensatory time at one and one-half times their regular rate of pay for all hours worked in excess of 40 hours per work week. Effective 2012 Page 10 Residency Requirement Employees are encouraged, but not required, to live within the corporate limits of the Town of Fraser. Nepotism A relative, defined as a person connected with another by blood or affinity, of an employee will not be considered for employment by the town in circumstances where: One relative would directly exercise supervisory, appointment, or dismissal authority or disciplinary action over the other relative; One relative would audit, verify, receive, or be entrusted with moneys received or handled by the other relative; or One relative has access to the Town’s confidential information, including personnel records. If Town employees become relatives after employment by the Town, and any of the circumstances exist or would exist as described above, one of the related employees may be transferred, reassigned, or separated from employment. Eligibility for Employment Elected and appointed officials of the Town of Fraser are not eligible for employment with the Town of Fraser. This does not apply to compensation that may be received for service in such elected or appointed positions. New Employee Orientation A new employee’s orientation will typically include: Town Department tour and introductions Job description review Organizational structure review Department procedures review Performance expectations review Benefits review Probationary Period All regular full or part-time employees hired by the town, whether as a new employee, a former employee rehired, an employee promoted to a new position, or an employee transferred to a lateral position shall start on probation. The probationary employment period is six (6) months. A shorter probationary period may be authorized by the Town Manager. A longer probationary period may be established as agreed upon by the Town Manager and the employee. While an employee is on probation, the Town may elect to terminate the employee at the convenience of the Town and without regard to the provisions contained in this manual except for reasons that violate the Town’s Equal Employment Opportunity and Unlawful Effective 2012 Page 11 Harassment Policies. At the end of the probation, the employee shall receive a performance evaluation from the employee’s supervisor or department head. As a result of the evaluation, an employee will either: Be granted regular employee status; Be terminated from employment; Be granted a one-time three month extension of their probationary period. The employee will again be evaluated and either become a regular employee or be terminated from employment. Full-time employees accrue paid leave during the probationary period; however, paid leave is not available for use until the probationary period is satisfactorily completed. For Seasonal Employees, there is no probationary period since the position normally terminates after a specified time. The Town may elect to terminate a Seasonal Employee at any time at the convenience of the Town. Workweek and Payroll Period Defined The workweek begins at 12:01am on each Saturday and ends at midnight on each Friday. Full-time employees are expected to work forty (40) hours per workweek. Work schedules within departments will differ, based on organizational needs and may be established and altered at the discretion of the supervisor or department head. Work schedules for both non-exempt (hourly) and exempt (salaried) employees may be extended, or amended in any way, based on organizational needs. The Town of Fraser pays its employees on a biweekly basis, with 26 pay periods per year. Paychecks are distributed to employees on Friday. If the regular pay day occurs on a holiday, the pay day is usually the last working day prior to the holiday. Your pay stub will show gross pay, deductions, matching 401(a) information, and net pay. Automatic deductions such as additional tax withholdings, contributions to voluntary benefit plans (457 and 125 cafeteria plans) may be arranged through the Finance Manger. Please contact the Finance Manager immediately if you find any discrepancies with or have any questions about your paycheck. Paychecks are distributed only to the employee. Alternative arrangements can be discussed with the Finance Manager. Timesheets and Time Accounting All employees must record time worked on a daily basis on a timesheet as provided by the Town. Time sheets are used for calculating your pay. Falsifying time sheets is prohibited and will not be tolerated. All hours worked (even hours worked at home) must be shown on your timesheet. Unlike non-exempt (hourly) employees who are compensated specifically for hours worked, exempt (salaried) employees are compensated on a biweekly basis for completing their job functions. Exempt employees are generally expected to do the work assigned during a forty hour week; however, it should be expected that the job duties may require time in addition to forty hours per week. Exempt employees’ timesheets Effective 2012 Page 12 must reflect 80 hours worked per pay period, unless the employee has taken paid time off. Time taken for lunch and other personal tasks (phone calls, visitors, personal email and internet usage) shall not be included as time worked, unless actual business is conducted during such time. You are responsible for submitting your time sheets to your supervisor or to the Town Manager on a bi-weekly basis for approval and submittal to payroll; this time sheet will be considered the official time sheet. Time sheets are due to your supervisor or the Town Manager by 10:00am on the Monday following5:00pm Friday at the end of a pay period, unless otherwise notified. Failure to submit a timesheet within the proper deadlines may result in withholding of compensation until the following pay period. Types of Pay Regular Pay: For non-exempt employees regular pay is compensation for hours worked in the standard workweek. For exempt employees regular pay is compensation for time worked in a bi-weekly pay period. Overtime Pay: The town will pay overtime wages to non-exempt employees who work more than 40 hours during a work week, excluding meals, and for all hours worked over 12 hours on any single workday. Vacation days, floating holidays, sick time and compensatory time used will not be considered when computing accrued compensatory time during any given work week. All overtime accrued must be authorized in advance by your supervisor, department head or the Town Manager. Compensatory time off may be accrued in lieu of Overtime Pay – see below. Holiday Pay: Holiday pay or compensation refers to the eight (8) hours of holiday pay provided to all “regular” employees on dates that the Town designates as an official holiday. Holiday Pay is paid at the regular rate of pay for the employee. Premium Pay: In some instances, and at the Town’s discretion, a premium rate of pay may be authorized for some work. Such pay is generally higher than the regular rate of pay and is usually associated with hours worked on a holiday or other designated date. Employees should contact their department head to determine whether premium pay is applicable. Compensatory Time: Also referred to as Comp Time. Non-exempt employees working more than 40 hours in any work week or more than 12 hours on any given day may be compensated for those excess hours either by overtime pay or compensatory time – both accrue at 1.5 times the employee’s normal rate of pay. Comp time can be banked and used at a later date with supervisor approval. The Town allows non-exempt employees to bank up to 40 hours of comp time. Once an employee has banked 40 hours of comp time all additional hours worked in excess of 40 hours in a work week will be paid as overtime pay. At the end of the year all accrued comp time in an employee’s “bank” will be paid out with the last check of the payroll year. An employee may choose to request a payout of banked comp time at any time. The requested comp time payout check will be processed on the next regularly scheduled pay day. Upon separation from employment, all accrued, unused compensatory time is paid to the employee. Effective 2012 Page 13 Paid Time Off: Also referred to as PTO. Any full or part time employee who is eligible for PTO may utilize this time to achieve a normal forty hour work week. See the section on PTO under the benefits section of this handbook for more detail. On-Call Pay: Water and wastewater facility operators are required to be on- call on a rotating schedule amongst operators. On-Call Pay is earned on a daily basis. Deductions from all Employee’s Pay The following are mandatory deductions required by federal and state law, as well as the Town’s personnel codes and are withheld from each paycheck: Federal Income Tax Social Security (FICA) Medicare State Income Tax Court or IRS ordered Garnishments 401(a) Retirement contributions (upon an employee’s 1 year anniversary) The amounts withheld for federal and state income tax withholding is determined by the information provided by the employee on the Form W-4. An employee may change the information by submitting another Form W-4 at any time. A new Form W-4 must be submitted with any marital status change. All employees are required to fill out a new W-4 at the start of each payroll year. The following are employee elected deductions and are withheld from all appropriate paychecks: Additional 401(a) Retirement contributions after tax (after 1 year of service). 457 Deferred Compensation Retirement contributions pre-tax (all full and part- time employees are eligible upon hire). IRS Section 125 Flexible Spending Account deductions for employee-paid health insurance premiums, dependent care spending accounts, or medical expense spending account (all full and part-time employees are eligible upon hire). Additional Federal Income Tax withholding as elected by an employee. Effective 2012 Page 14 Benefits The Town of Fraser provides a variety of benefit incentives to employees. Eligibility for the various benefits depends on your employee status. This section describes the different benefits offered to full-time, part-time and seasonal employees. For further information, please see the Finance Manager. Full-Time Employee Benefits: Full-time employees are currently eligible for the following benefits as provided below: CCOERA 401(a) Retirement Plan CCOERA 457 Deferred Compensation Plan Paid Time Off Personal Sick Leave Bank (PSLB) Comp Time Holidays Medical/Dental/Life Insurance Workers Compensation Insurance Leave Without Pay for Temporary Disabilities Section 125 Flexible Spending Plan Clothing Allowance Annual Performance Bonus CCOERA 401(a) Retirement Plan The CCOERA Retirement Plan is a qualified pension plan adopted by the Colorado County Officials and Employees Retirement Association (CCOERA) to provide income after retirement for eligible employees of Member Municipalities. The Retirement Plan was adopted according to section 401(a) of the Internal Revenue Code, and is also referred to as a Defined Contribution Money Purchase Pension Plan. Retirement benefits through the Retirement Plan are usually in addition to these provided under Federal Social Security. All full and part-time employees are required to participate in the Retirement Plan after one full year of service. Upon eligibility an employee is required to participate at the rate of 4% of gross wages (pre-tax) and the Town matches at the same rate. The Town’s match has a vesting period of 5 years. Please see the Finance Manager for additional details. CCOERA 457 Deferred Compensation The 457 Deferred Compensation Plan is an employer-sponsored retirement plan that allows public employees to defer (postpone) receiving a portion of their current compensation until retirement or separation from service. The concept behind deferring some of your current compensation until the future is that during your peak earning years you’ll most likely be in the highest income tax bracket of your lifetime. By deferring receipt of a portion of your current compensation, you’ll pay taxes on this income in retirement when you may be in a lower tax bracket. Even though you may be participating in the Town’s mandatory retirement plan, at some point in your lifetime you may need to begin saving additional money for retirement to supplement your primary plan. Remember, the mandatory 401(a) plan is meant to Effective 2012 Page 15 provide a foundation for your retirement – just one of the sources that will fund your retirement years. As a full or part-time town employee you are eligible upon hire to participate in the 457 Deferred Compensation Plan. The plan provides an employee with all of the key elements for a successful savings program: Automatic, regular contributions through payroll deductions Tax-deferred contributions Tax- deferred growth Please see the Finance Manager for additional information and enrollment procedures for participation. Paid Time Off The Town of Fraser provides Paid Time Off (PTO) for regular full-time and part-time employees. This paid time off is for employees to do with as they desire or need. For example, PTO may be used to take time off for vacations, sickness, family illness, personal matters, or for any other reason. Employees should use good judgment when utilizing PTO. Obviously, if an employee uses all of their accrued PTO for vacation and leisure time and an illness strikes, nothing will be left to protect your income against an unexpected unpaid absence. Employees are urged to use PTO to ensure a good personal balance between leisure time-off and for those unexpected absences that affect us all. After the successful completion of an employee’s probationary period, eligible employees may begin to utilize PTO as earned according to the schedule below. Annual and Bi-weekly accruals are shown in hours. AnniversaryPTO Annual Biweekly 01044.00 1-31445.54 4-61847.08 7-92047.85 10+2248.62 PTO accrual is adjusted annually as provided by the above schedule on the employee’s employment start date anniversary. PTO accrues on a bi-weekly basis pro-rated based upon the annual allocation as identified in the above table. PTO must be scheduled with your immediate supervisor. Employees may take PTO increments of thirty (30) minutes or greater. PTO should be scheduled to interfere as little as possible with normal Town operations and also to avoid excessive work loads for other employees during peak periods. Employees who have an unexpected need to be absent from work should notify their direct supervisor before the scheduled start of their workday. The employee’s direct supervisor must be contacted on each additional day of unexpected absence. Effective 2012 Page 16 We strongly encourage employees to retain a bank of PTO at all times to ensure adequate leave in case of illness or other emergency. PTO cannot be used on a holiday. PTO will not be counted in the computation of overtime for any work day or work week. All unused, accrued PTO will be paid out at time of separation from employment at the employee’s hourly rate at the time of separation. Up to 80 hours of PTO accrued, but not used at the end of the fiscal year, will be carried over to the following fiscal year for use as PTO by the employee. The Town Manager may authorize additional carryover in special circumstances. Requests for additional carryover must be provided in writing, specify the purpose of the carryover, and detail when the PTO will be utilized. All unused PTO in excess of 80 hours will be converted on a 1:1 basis to Personal Sick Leave Bank hours. In cases where the employee is unable to utilize adequate PTO during the year due to the nature of the job requirements, special job responsibilities, the need to fulfill certain critical Town functions, or other related circumstances, the Town Manager may authorize pay-out at the employee’s current hourly rate. Employees must take at least one vacation with a duration of at least 5 business days to be eligible for consideration. Whenever possible, PTO shall be scheduled at least 30 days in advance of such leave with your supervisor or the Town Manager. Approvals for annual leave scheduled first will have priority over others, should an activity prevent taking annual leave as desired. Personal Sick Leave Bank (PSLB) The Personal Sick Leave Bank is provided for long-term illness or disability. An employee’s PSLB can be drawn upon for paid leave under the following circumstances: If an employee experiences an illness, disability, or other health concern that exceeds 3 days in duration, or if an employee needs to care for a member of rd the employee’s immediate family, after the 3 day of utilizing PTO an employee may utilize PSLB for further leave. The employee may be required to provide documentation of the health concern. As medical leave, PSLB is utilized at a ratio of 1:1. An employee may at any time request a complete or partial pay-out of his/her PSLB at a ratio of 4:1. Requests will be processed within 30 days. PSLB hours, if not used, are payable upon separation from employment at a ratio of 4:1. Comp Time Non-Exempt Public Works employees are eligible to receive Comp Time in lieu of overtime pay at the same ratio as overtime pay would have otherwise been provided (generally one hour overtime equals one and a half hours of Comp Time). No more than 40 hours may be accrued in an employee’s Comp Bank. Comp Time Banks are paid out at payroll year end. Effective 2012 Page 17 Holidays The Town of Fraser recognizes the following eight holidays, each of which are equivalent to eight hours of pay: st New Years Day - January 1 rd Dr. Martin Luther King Jr. Day – the 3 Monday in January rd President’s Day - the 3 Monday in February Memorial Day - the last Monday in May th Independence Day – July 4 st Labor Day - 1 Monday in September th Thanksgiving Day - the 4 Thursday of November th Day after Thanksgiving – the 4 Friday of November Christmas Day – December 25th Exempt employees and employees with a regular Monday through Friday schedule: When an observed Holiday falls on a Saturday, the preceding Friday is the paid holiday. When the Holiday falls on a Sunday, the following Monday is the paid holiday. Non-exempt employees with a regular work schedule that includes Saturday and/or Sunday: When an observed Holiday falls on a day that would not normally be worked by the employee, the employee may observe that Holiday on the day that would normally be worked most closest to the Holiday as approved by the supervisor. When an observed Holiday falls on a day that the employee is required to work for operational requirements as required by the supervisor, the employee will be paid two times their normal rate of pay for the hours worked on the holiday and will be also be paid the holiday pay unless the employee elects to observe the Holiday on the day nearest to the holiday within the pay period as approved by the supervisor. If less than a full day of work is required for operational purposes, the remaining Holiday Leave may be observed in the same manner as approved by the supervisor. Any full time non-exempt employees whose regular schedule includes Sunday are provided with the additional Holiday of Easter Sunday. If the employee is required to work for operational purposes by the supervisor, he or she may observe this Holiday on another day within the pay period nearest to the Holiday as approved by the supervisor. Non-exempt employees who are required to work on a holiday will receive two times their normal rate of pay for the hours worked on the holiday in addition to the holiday pay. Medical/ Dental/Life Insurance The Town of Fraser currently carries medical, dental, and life insurance on all employees plus any dependents if coverage is requested. Employee premiums are Effective 2012 Page 18 currently paid in full by the town with the employee paying for 50% of the dependent premiums. A summary of insurance coverages and enrollment will be provided upon hire. Coverage begins for an employee on the first day of the month following thirty days of employment. Selection of Medical, Dental and Life insurance policies are determined solely by the employer and are subject to change without notice. Workers Compensation The Town provides coverage for employees in accordance with the Colorado Workers Compensation Act which provides compensation and medical benefits to an employee who has an injury as a result of an accident, injury or occupational disease on-the-job. Workers' compensation is designed to protect workers and their dependents against the hardships from injury or death arising out of the work environment. The Town provides Workers Compensation coverage for all employees. Employees must comply with all applicable safety programs and requirements. The Town fosters a safe work environment via training and awareness programs and encourages all employees to report any unsafe conditions to their supervisor. All accidents and injuries must be reported immediately to your supervisor. Your supervisor will provide you with the appropriate attention and/or medical care. It is your responsibility if you are injured to complete an Employees Written Notice of Injury form (available from your supervisor) as soon as possible. Failure to properly report an injury may jeopardize your benefits. Delay in reporting any work-related injury or illness may result in a loss of benefits under the Act. Employees who are involved in any work-related accident may be subject to drug and alcohol testing. Delay or failure to report a work-related accident which resulted in injury to an employee or damage to Town property, or refusal to submit to drug and alcohol testing, may result in disciplinary action up to and including discharge. While an employee is on leave due to an injury, all employee benefits will cease other than health insurance premiums and those provided and/or required by Workers Compensation. An employee may arrange for the payment for continuation of his/her group insurance premiums, flex plan, and other employee elected benefits while on disability leave. To the extent practicable, an employee will be reinstated to the employee’s former position upon return from leave for an employment related injury or illness. Where the Department’s operations permit, and with a medical release, upon approval by the supervisor and Town Manager, an employee may, if qualified and capable, be placed in a modified duty position to facilitate an employee’s return to work. Modified duty may also be used for an employee whose temporary medical condition prohibits the employee from fulfilling his or her regular duties. A modified duty position may be an existing position within the department or one that combines various duties from several Effective 2012 Page 19 positions. An employee shall receive his/her regular pay for the first six weeks of modified duty. After the first six weeks, an employee’s pay shall be based upon the qualifications and responsibilities of the modified duty. Unless approved by the Town Manager, a modified duty assignment shall not exceed twelve weeks. Modified duty positions may, at the discretion of the Town Manager, be eliminated at any time. If a modified duty position is not available, an employee shall either be placed upon or remain on the applicable leave. A safe working environment is our priority. Please report any concerns immediately to your supervisor or the Town Manager. Leave Without Pay for Temporary Disability Temporary Disability Leave is available to an employee for medical reasons only. An employee must provide his/her supervisor with a doctor’s written statement outlining the reason for the leave. All other leave must first be exhausted before leave without pay will be granted. Only 60 calendar days of leave without pay may be granted During a leave without pay, all employee benefits will cease. An employee may arrange for the payment for continuation of his/her group insurance, flex plan, and other employee elected benefits. Section 125 Flexible Spending Accounts All full and part-time employees are eligible upon hire to participate in an IRS Section 125 Flexible Spending Account as authorized by the Internal Revenue Code. These accounts allow you to pay for benefits with tax-free dollars. Upon hire you will be eligible for enrollment in the applicable plan components. The Town currently offers the following cafeteria plans; Premium Plan - all employee-paid health insurance premiums are deducted on a pre-tax basis. For employees not enrolled in the 125 Plan these premiums will be deducted after tax. Dependent Care Spending Account - allows an employee to pay for his/her dependant care with tax-free dollars. Medical Expense Spending Account – allows an employee to pay for out-of- pocket medical, dental and vision care expenses with tax-free dollars. Reimbursement requests will be processed promptly in accordance with the routine processing of accounts payable. Clothing Allowance Due to the nature of their work, and the need for safety-specific clothing, full-time Public Works employees are eligible for annual reimbursement of up to $250 for purchase of job-specific clothing items. Reimbursements must be approved by the supervisor and must relate specifically to the job. Reimbursement requests may be made concurrent Effective 2012 Page 20 with submission of the employee’s timesheet for the final pay period of the year. Requests must include the nature of clothing purchased and proof of purchase. Employees that have not completed their probationary period, but are demonstrating satisfactory performance may be provided reimbursement upon approval of the Public Works Director. Safety Program To encourage the pursuit of excellence in government and to foster an environment where safety is an important goal, newly elected officials and employees who successfully complete their probationary period are eligible for a credit towards purchase of a Town of Fraser jacket. When funding is available from time to time, the Town Manager may make provisions for credits for all employees and officials. Annual Performance Bonus Upon conclusion of an annual performance review that demonstrates exceptional job performance, the Town Manager may authorize Bonus Pay. Effective 2012 Page 21 Seasonal and Part Time Employee Benefits Seasonal and part time employees are eligible for the following benefits: Holiday Pay Seasonal and part-time employees are eligible for Holiday Pay as defined in this handbook provided that the holiday occurs on a day that the employee would otherwise be expected to work. Overtime Pay Seasonal and part-time employees that are required to work more than 40 hours in a pay period are shall receive overtime pay as defined in this handbook. Workers Compensation The Town provides coverage for employees in accordance with the Colorado Workers Compensation Act which provides compensation and medical benefits to an employee who has an injury as a result of an accident, injury or occupational disease on-the-job. Workers' compensation is designed to protect workers and their dependents against the hardships from injury or death arising out of the work environment. The Town provides Workers Compensation coverage for all employees. Employees must comply with all applicable safety programs and requirements. The Town fosters a safe work environment via training and awareness programs and encourages all employees to report any unsafe conditions to their supervisor. All accidents and injuries must be reported immediately to your supervisor. Your supervisor will provide you with the appropriate attention and/or medical care. It is your responsibility if you are injured to complete an Employees Written Notice of Injury form (available from your supervisor) as soon as possible. Failure to properly report an injury may jeopardize your benefits. Delay in reporting any work-related injury or illness may result in a loss of benefits under the Act. Employees who are involved in any work-related accident may be subject to drug and alcohol testing. Delay or failure to report a work-related accident which resulted in injury to an employee or damage to Town property, or refusal to submit to drug and alcohol testing, may result in disciplinary action up to and including discharge. While an employee is on leave due to an injury, all employee benefits will cease other than those provided and/or required by Workers Compensation. Effective 2012 Page 22 To the extent practicable, an employee will be reinstated to the employee’s former position upon return from leave for an employment related injury or illness. Where the Department’s operations permit, and with a medical release, upon approval by the supervisor and Town Manager, an employee may, if qualified and capable, be placed in a modified duty position to facilitate an employee’s return to work. Modified duty may also be used for an employee whose temporary medical condition prohibits the employee from fulfilling his or her regular duties. A modified duty position may be an existing position within the department or one that combines various duties from several positions. An employee shall receive his/her regular pay for the first six weeks of modified duty. After the first six weeks, an employee’s pay shall be based upon the qualifications and responsibilities of the modified duty. Unless approved by the Town Manager, a modified duty assignment shall not exceed twelve weeks. Modified duty positions may, at the discretion of the Town Manager, be eliminated at any time. If a modified duty position is not available, an employee shall either be placed upon or remain on the applicable leave. A safe working environment is our priority. Please report any concerns immediately to your supervisor or the Town Manager. Seasonal Longevity Pay All Full Time Seasonal employees (scheduled a minimum of 32 hours per week) that work through an entire season (as defined in the employment agreement based upon the position) with a prior uninterrupted seasonal employment history (full time and complete season) willare eligible to receive an end-of-season longevity pay bonus. At the end of the seasonal employee’s second complete season of full time employment (and each complete full time season thereafter) he/she will be eligible to receive a payment of $250 per season for each concurrent season which the employee worked (at the end of the second season of employment an employee would receive a payment of $500 at the end of the third concurrent season of employment $750 and so forth). The maximum Seasonal Longevity Pay benefit is $1,000 (four concurrent seasons). Longevity Pay is paid through payroll and is subject to the mandatory deductions listed above. Effective 2012 Page 23 General Provisions Ethics and the General Standard of Conduct All employees are expected to carry out their responsibilities in the best interest of the Town of Fraser, to represent the Town in a positive manner, and to behave courteously and respectfully to members of the public and each other. Conflicts of interest and/or the appearance of impropriety shall be avoided. Any conflicts, even potential conflicts, shall be disclosed immediately with your supervisor and/or the Town Manager. Employees shall not use their official position to solicit or secure special privileges for themselves or others. Employees shall not use or disclose any information gained by virtue of their position for personal gain or benefit. Employees shall not engage in any activities that may impair their judgment in the performance of their duties and responsibilities to the Town of Fraser. The nature of government employment is such that occasionally you may be directed to perform tasks that you may disagree with philosophically or that may be a change from prior direction. Occasionally, changes in elected officers, changes of policy by the Town Board, and other political events lead to changes in the direction of your responsibilities. Even in such cases, you will be expected to perform these directed tasks and/or responsibilities to the best of your abilities. No employee will ever be expected to perform unethical or illegal tasks during the course of their employment. If you are ever directed to perform such activity, report your concern to the Town Manager or Town Attorney. Jury Duty An employee who is called for jury duty during scheduled working hours shall be granted “Jury Duty Pay”. The following applies to Jury Duty Pay: An employee will receive regular pay for normally scheduled work hours, up to three days (24 hours) of paid leave when Jury Duty Pay is approved. An employee must relinquish to the Town any compensations received from the court, excluding mileage and parking reimbursements. An employee willnotreceive Jury Duty Pay for leave where the employee is a party to, or a witness in, a court action unless his/her involvement arises out of performance of his/her job duties for the Town. An employee who needs time off for personal legal matters may be granted other leave or unpaid time off, per Town leave policies. An employee is required to return to work if he/she is dismissed from Jury Duty during a normally scheduled shift. Family and Medical Leave (FMLA) The Town of Fraser as a Public Employer is subject to the Federal Family and Medical Leave Act (the Act), yet because the Town does not employee 50 or more individuals, Effective 2012 Page 24 you as an employee of the Town are not eligible under the Act. The FMLA of 1993 applies to employers with 50 or more employees at a work site. The Town recognizes that some employees may desire to request a leave of absence under the outlines of FMLA. When an employee faces life circumstances relating to Medical or Family Leave, a meeting with the employee’s department head and Town Manager should be requested immediately. The Town will attempt to facilitate the leave request, considering length of leave, benefits during leave, return to work or the possibility of a reduced/intermittent work schedule. Military Leave Employees granted a military leave of absence are re-employed and paid in accordance with the laws governing veteran’s re-employment rights and pursuant to section 28-3- 601 et. seq. of the Colorado Revised Statutes. See the Finance Manager for more information. Political Activity The protection of Town employees from political pressures in the discharge of their official duties necessitates limitations on the employee’s participation in Town political activities, campaigns and issues. No employee shall use or permit others to use the authority vested in his or her position to actively support or oppose a candidate for Mayor or for the Town Board of Trustees, nor shall an employee actively campaign for or against any candidate for Mayor or Trustee either on or off the job. Each employee enjoys the right to express his or her opinion as a citizen regarding local issues and to vote, attend political meetings, and join political clubs and organizations. Voting Voting is an important responsibility we all assume as citizens. The Town of Fraser encourages you to exercise your voting rights in all municipal, state and federal elections. Under most circumstances, it is possible for employees to vote either before or after work. If it is necessary for you to arrive late or leave work early to vote in any election, you must make prior arrangements with your supervisor. Professional Development/Training The Town of Fraser strongly encourages employees to take appropriate opportunity to participate in training which will be of benefit to the employee’s job performance and professional development. To the extent funded by the annual budget, the Town will provide training programs for employees that will promote efficiency, economy, and safety in the operation of the Town and assist employees in improving job-related abilities. Supervisors will make employees periodically aware of the training opportunities available to them and Effective 2012 Page 25 employees are encouraged to identify to their supervisors seminars, courses and meetings which in the employee’s estimation will further their job education and professional abilities. The Town will pay for the training and testing costs for all certifications, re-certifications and licenses that are required for the employee to continue in his/her official capacity with the Town. Business Expense Reimbursements The Town will bear all reasonable expenses while an employee is on Town business and will pay or reimburse the employee for other necessary business expenses or purchases; however, Town employees are expected to keep business-related costs within reason and be able to substantiate the costs. All expenses shall be subject to the reasonableness test as defined as follows: “Would a prudent person assume that the expense was reasonable, necessary and related to the stated purpose?” Alcohol expenses are not reimbursable. Receipts are required for all Town-incurred expenses; indicate on the receipt the purpose of the expense and attendees (i.e. discussion of new water lines, employee and water engineer names). Gifts or Gratuity Employees must be aware of CRS 24-18-104 which establishes rules of conduct for public officials and employees. This statute essentially provides that no employee shall accept any gift or economic benefit from any person or entity which gift or economic benefit might reasonably tend to influence such employee in the discharge of official duties, or grant in the discharge of official duties any improper gift, economic benefit, or other thing of value. Employees may accept promotional materials (pens, pencils, note pads, calendars) or other things of nominal value that have not been solicited by the employee, so long as such materials do not have substantial value. Smoking Smoking is prohibited in public facilities, including Town vehicles. Vehicle Fueling Policy The motor vehicle fuel stored in the tanks at the Public Works Shop is town property and should be used by town employees only for town business, or by an outside agency with an IGA with the town where the Town Manager has given authorization. Unauthorized use or theft of town property will be dealt with in accordance with town policy and could result in discipline up to and including termination for town employees, or criminal charges brought against the outside agency. Effective 2012 Page 26 When dispensing fuel the following procedures must be followed: 1) The vehicle’s engine must be turned off, the vehicle placed in gear or park, with the emergency brake set. 2) Dispense only the correct type of fuel into the vehicle or equipment for which it is designed to operate. If you have a questions as to what type of fuel is needed for a town vehicle or equipment, ask your supervisor. 3) If the wrong type of fuel is dispensed into a town vehicle or equipment: Stop, do not start or operate the vehicle or equipment, and contact your supervisor immediately. 4) The person fueling the vehicle must remain with the vehicle at all times while fuel is being dispensed. 5) Do not lock the nozzle in the open position or use the vehicle gas cap or other device to wedge the nozzle trigger in the open position. This can lead to a fuel spill. 6) Do not re-enter the vehicle while fuel is being dispensed. This can lead to a static electric spark, which could result in a fire. 7) The person dispensing fuel must not smoke, use equipment (including a cell phone) that could discharge a spark, or perform activities that could result in a static spark while fueling the vehicle. 8) If a person is dispensing fuel into a container other than the fuel tank of a vehicle or equipment, the container must be an approved container for fuel storage with spark-arresting screen and self-closing lid. 9) Fuel containers must be placed on the ground while fuel is being dispensed. 10) Fuel containers must not be transported in the passenger compartment of a vehicle and must be secured in the vehicle during transport. 11) Fuel containers must be clearly labeled as to their contents. 12) Do not dispense more fuel into a container than can be used that day. 13) In the event of damage to the pump, dispensing hose or nozzle, and an uncontrolled spill of fuel takes place, the emergency shut-off located on the side of the building should be activated. 14) A fire extinguisher is located near the emergency shut-off for use in the event of an incipient fire. 15) If the fire is at the nozzle while fuel is being dispensed, leave the nozzle in the vehicle and activate the emergency shut-off. 16) Contain and clean up all fuel spills in accordance with town policy/procedure and make appropriate notification of the spill to the proper authorities. 17) Notify your supervisor or a town administrator if any damage or problems exists with the fueling station. 18) Properly secure the fueling station (turn off pump, lock nozzle, etc.) when dispensing of fuel is completed. 19) The person fueling the vehicle must account immediately for all fuel dispensed in accordance with town policy/procedure prior to leaving the Public Works Shop. Use of Town Property During the course of your employment you will be entrusted with keys, tools, and other equipment the Town provides to enable you to accomplish your tasks and responsibilities. As a public servant, you are being entrusted with the welfare of the community and you will be expected to take proper care of all such keys,tools and Effective 2012 Page 27 equipment. Failure to do so will result in disciplinary action, including monetary reimbursements. Town facilities, equipment, and supplies may not be utilized for personal benefit, including any activities associated with outside employment, unless authorized by an established departmental use policy. Removal of Town supplies, tools, or equipment from Town premises for personal use is not permitted. Occasional personal use of the fax and copier are permitted. Employees are expected to reimburse the Town for costs associated with the personal use of cell phones, copiers and printers. Motor Vehicles All employees that operate Town equipment must have a valid Colorado driver’s license of the appropriate class required for the position. The Town will evaluate a prospective employee’s Motor Vehicle Record (MVR) prior to hiring and will annually obtain a copy of the MVR for each employee. MVRs for current employees may also be requested in the following situations: After an on-the-job accident that is determined to have been preventable. If a complaint is received regarding the employee’s driving while on the job. If an employee transfers to a position requiring a different class of license. Violations are classified as follows: Major Violations Driving under the influence of alcohol or drugs or while ability is impaired Reckless driving Racing or speed contests Speeding over 20 mph over the speed limit Leaving the scene of an accident Failure to report an accident Making a false accident report Vehicular homicide or manslaughter Attempting to elude a police officer Driving while license is suspended, revoked, or restricted Minor Violations Speeding less than 20 mph over the speed limit Running a stop light or stop sign Improper turn Passing across a double yellow line Failure to yield Following too close Failure to wear a seat belt Careless driving Failure to provide proof of insurance Effective 2012 Page 28 Motor vehicle equipment violations Operating an unsafe or defective vehicle Failure to stop for a school bus with its red flashers activated Speeding in a school zone Failure to yield to pedestrians in a crosswalk Any employee who has 3 or more minor violations or preventable accidents during the last 2 years will be subject to corrective action including defensive driving coursework, participation in a ride-along evaluation, or other actions as may be deemed appropriate. Any employee who has 1 or more major violations in the last two years, or 4 or more minor violations in the last two years will be subject to corrective action up to and including termination of employment as may be deemed appropriate. It is the employee’s responsibility to notify their supervisor immediately if the employee’s license is suspended, revoked, or restricted for any reason. Failure to do so may be grounds for corrective action, up to and including termination of employment. While operating Town vehicles, all safety precautions will be followed (vehicle safety checks, wearing seat belts, etc), and employees must exercise strict compliance with all traffic regulations. Employees are expected to be positive roles models for other drivers and exercise extreme courtesy and respect for other drivers and pedestrians. Any on the job accident must be reported to your supervisor immediately and will be subject to review pursuant to the Towns Vehicle Accident Review Policy. Accidents that are preventable may be subject to corrective action including, but not limited to, counseling, enrollment in defensive driving coursework, suspension of driving activities, or termination.Employees involved in preventable accidents may be required to pass a field evaluation as a result of the finding of the Vehicle Accident Review Policy, or may be subject to other disciplinary action. Telephone Use Staff is expected to return telephone calls, including those from other staff, in the same business day and no later than 24 hours after a message is received. Personal calls should be limited so as not to interfere with an employee’s job responsibilities or distract other employees in the performance of their duties. Employees must reduce their reported work hours each day for time spent on personal phone calls or personal business. Employees are responsible for any costs incurred for personal phone use. E-mail and Internet Use E-mail and internet access is intended to be used for business purposes. Personal use that is minimal or minimal use outside work hours is allowed. Time spent on these matters must be removed from an employees reported work hours for that day. Abuse of e-mail use or internet access, including but not limited to inappropriate or excessive use for private purposes, sending offensive, obscene or illegal messages, or downloading and installing unauthorized programs or software is subject to disciplinary action up to and including termination. Effective 2012 Page 29 Town personnel have no expectation of privacy in Town property and equipment. Such property and equipment includes, but is not limited to, the Town Computer System, and all messages, data files and programs stored in or transmitted via the Computer System ("Electronic Communications"). Town reserves the right to monitor, access, use, and disclose all messages, data files and programs sent over or stored in its Computer System for any purpose. Town management reserves the right to monitor, inspect, and examine any portion of the Computer System at any time and without notice. The Town may monitor or access an employee’s e-mail, with or without notice, for any business-related purpose, including any situation in which a supervisor has reason to believe that an employee is misusing or abusing e-mail privileges or is violating any other Town policy. Further, correspondence of an employee in the form of e-mail may be a public record under the public records law and may be subject to public inspection under C.R.S. Section 24-72-203, unless an exception provided by law applies. The Town may monitor or access an employee’s e-mail, with or without notice, for any business-related purpose, including any situation in which a supervisor has reason to believe that an employee is misusing or abusing e-mail privileges or is violating any other Town policy. Portions of the Town Computer System may be accessible by password only. The purpose of a password is not to provide privacy, but to control and prevent unauthorized access. Every password issued for the use of any part of the Town’s Computer System is the responsibility of the person in whose name it is issued. That individual must keep the account secure from unauthorized access by keeping the password secret, by changing the password often, and by reporting to the Town when anyone else is using the password without permission. Passwords not provided by the Town but generated by the user must be provided to the Town’s IT staff. Passwords are intended to help prevent unauthorized access and may not be shared with unauthorized persons. The contents of all password-protected data files and programs belong to the Town and are subject to access and disclosure by the Town as set forth in this policy. Computer Systems and Network File Server All employees shall utilize computers, including the network file server and other electronic equipment, as directed by their supervisor. The file server is structured to provide file storage in an organized fashion and to provide for regular backup of all data on the server. Failure to make use of this structure can lead to lost data and prevent other employees from locating important documents. Generally, each employee will have access to a personal directory on the server for working documents. Final documents shall be located on the appropriate directory. All property-related files shall be located within the address file in the property directory; all Board-related documents shall be located within the Board directory; all applications within the application directory, etc. Effective 2012 Page 30 In some cases, employees may be directed to utilize certain software packages to ensure consistency between employees or other organizational goals. Employees shall follow such direction for business applications. No unlicensed and/or illegal software applications shall be installed on any Town computer system. The Town will lawfully acquire software packages that the Town Manager and/or your supervisor determine further Town programs or your specific job duties. If you desire additional software programs and/or hardware, you should relay this directly to your supervisor. Every effort to provide the most effective tools to each employee will be made within budgetary and other constraints. Children at Work Children of employees are welcome to visit the workplace on occasion, provided the particular work environment is not potentially hazardous and the child’s presence is not distracting or disruptive to the parent, co-worker, or the public. Pets at Work Employees shall leave their pets at home during hours of employment unless other arrangements are agreed to by the supervisor or Town Manager. On the occasion that pets visit, they must not be disruptive or distracting to other employees or the public and must comply with Chapter 7 Article 6 of the Town Code. Dress Code Although attire is casual in keeping with the customs of the community, staff is expected to dress in a manner that conveys professionalism and respect appropriate to their position and department. Casual is not synonymous with unkempt; clothing should be clean, un-torn, un-patched and well cared for. Tee shirts with drug, alcohol, smoking, sexual or firearms related logos are not allowed, along with any other message which could be construed as inappropriate to the sensibilities of the public and/or co-workers. Public Information Officer The Town Manager shall serve as the Town of Fraser’s Public Information Officer unless otherwise appointed. All Town employees are encouraged to clearly differentiate their personal opinions from official Town positions when communicating with the public. Personnel Records The Town maintains an employee’s records in an official personnel file; these files are maintained by the Finance Manager. No documents will be released from a personnel file, except as required by the Open Records Act or other federal law, without a written request from the employee designating the documents to be released and the person or entity to which the release is to be made, while holding harmless the Town from any Effective 2012 Page 31 liability resulting from such release. An employee’s personnel file is a permanent record and is the property of the Town. Employees have the right to review and/or make copies of documents contained within their own personnel file. Town Records Management As a local government entity, the majority of Town records are public records, many of which are retained permanently. All employees should be cognizant of this fact and act accordingly in the preparation of documents and correspondence. Certain working documents may not be public records; see the Town Manager or Town Attorney for clarification if necessary. All employees are expected to organize their work in such a way that contributes to overall records management. Efficient organization and retention of permanent records is a fundamental expectation of government. Falsification of records, inappropriate destruction of records, or failure to properly file and/or maintain records is contrary to the public interest and may be subject to disciplinary action. Some employees may also be aware of or privy to certain information that is confidential. Confidentiality must be respected and inappropriate sharing of information will not be tolerated. Disclosure of information deemed confidential by law will not be tolerated and, in addition to disciplinary action, may carry additional penalties as provided by law. Outside Employment Outside employment for regular full-time employees is discouraged although not prohibited. The employee may accept other employment or become employed by any other employer as long as the other employment does not interfere with the demands of the employee’s position with Fraser. The term “employment” shall include employment by another legal entity or self employment; however, it shall not be construed as occasional teaching, writing, or consulting performed on employee’s time off or vacation. Employees must notify their supervisors and department heads of outside employment. If it is determined that the outside employment creates a conflict of interest, or interferes in any way with the employee’s ability to perform their job duties, the employee may be required to modify or discontinue the outside employment as a condition of continued employment with the Town. Employee Evaluations The Town is dedicated to the principals of encouraging, recognizing and rewarding superior performance of its employees. Performance evaluations are intended to let each employee know how she or he stands and to assist in the improvement of performance and/or preparation for advancement. All probationary employees’ performance will be evaluated prior to receiving status as a regular employee. All regular employees shall have a minimum of one performance evaluation on a yearly basis prior to the extension of their employment contract. Effective 2012 Page 32 Employees are encouraged to seek more frequent employment evaluations from their supervisor and to conduct periodic self evaluations of their job performance. Contact your supervisor if you feel that an evaluation or additional feedback is merited. Disciplinary Action Good working relationships make demands on everyone, and employees have responsibilities to the Town, themselves and their coworkers. Occasionally, performance or other problems fall short of the Town’s standards and/or expectations. When this occurs, management takes action to formally correct the performance or conduct of individuals and, in some cases, to terminate the employment relationship. In addition to other conduct described elsewhere in this manual, the following conduct is cause for disciplinary action: Unsatisfactory job performance; Insubordination, including refusal to follow a supervisory directive; Conduct or demeanor that discredits the Town; Violation of any lawful rule, regulation, policy or order; Soliciting or taking a fee, gratuity, or gift of an object or service that is given in the hope or expectation of receiving favorable treatment; Falsification or material omissions from an employment application, payroll records, timesheets, benefit enrollment forms, or other Town documents; Theft, negligent or willful damage, waste, or misuse as well as unauthorized personal use of Town or public property, including vehicles and equipment; Use of or attempting to use political influence in securing a position, leave of absence, transfer, change of pay, or character of work; Violation of safety rules or practices; Unauthorized or excessive absences including abuse of paid leave, habitual tardiness, absence from assigned work area without permission; Possession of firearms or dangerous weapons during scheduled work time, other than as required or permitted in the performance of official duties; Release of confidential information except as required or authorized by law; Violation of the Town’s harassment or workplace violence policy; Loss of any license, certificate, or other credential required for the performance of a job responsibility; Failure of a non-exempt employee to obtain advance authorization for overtime work; Violation of any of these personnel policies or any other applicable Town policies and procedures; Other acts or omissions that adversely affect the welfare of citizens, other employees, or the effective operations of the department and the Town. Disciplinary actions could include, but are not limited to, administrative leave without pay, administrative leave with pay, deductions from pay to reimburse Town, counseling and/or training programs, or termination. Effective 2012 Page 33 Safety The safety of all employees and the public in general is of primary importance. Each department must maintain a safety-conscious attitude throughout its operations. Employees are encouraged to communicate ideas on improving safety to their supervisors. Safety is a fundamental supervisory and employee performance measurement standard. General Safety Guidelines: Employees are responsible to read, understand, and follow all town safety rules and procedures. Required personal protective gear must be utilized. Employees will not operate equipment, use tools, or perform actions for which appropriate training has not been received. Department heads are responsible to ensure that proper training has been conducted, appropriate protective gear is utilized at all times, and applicable safety rules and proper procedures have been promulgated and distributed. Recordkeeping of safety training and periodic training updates is required to be maintained. Defective safety-related equipment, and unsafe conditions or practices, must be reported immediately to a supervisor. Material Safety Data Sheets (MSDS) will be made available to employees handling materials to which such MSDS pertain. Workplace Violence The Town of Fraser will not tolerate threatening, intimidating, or hostile behavior; verbal or physical abuse; weapons possession or use while on duty or on Town property by any employee who is not a sworn police officer or otherwise authorized by the employee's department head to possess such weapons; vandalism; arson; or any other act against person or property which management believes is inappropriate in the workplace. Employees are entitled to work in an environment free of harassment, intimidation, stalking, threats of violence, or violence. Prohibited violent behavior includes but is not limited to: intimidating, threatening or hostile behaviors, physical/verbal abuse, vandalism, arson, sabotage, use of weapons, carrying of weapons onto our premises (not including law enforcement officials authorized to carry weapons), or any other act which in management’s opinion is inappropriate to the workplace. In addition, offensive comments regarding violent events and/or behaviors are not tolerated. Any employee who experiences or witnesses any of the foregoing by a co-worker, supervisor, service provider, or member of the general public will report the behavior to their supervisor, department head, Personnel Director or Town Manager. If an employee believes a threat poses an imminent danger, such as a situation where a violent act is about to occur or is in progress, the police department should be called immediately. Effective 2012 Page 34 Retaliation against a complainant is strictly prohibited. All claims will be investigated promptly, with confidentiality maintained to the extent possible under the circumstances, and corrective action will be taken, up to and including termination in the case of an employee, when determined to be warranted. The complainant will be notified of the results of the investigation. Drugs and Alcohol Alert and rational behavior is required for the safe and successful performance of job duties; therefore, the possession, use, sale or reporting to work after the use of alcoholic beverages or drugs on Town premises or during Town time is strictly prohibited. Employees found to be under the influence of drugs or alcohol while on the job are subject to disciplinary action, up to and including immediate discharge. Employees in positions that require a Commercial Drivers License (CDL) must comply with all requirements of the license that may include drug and alcohol testing. Effective 2012 Page 35 Clerks Briefing November 16, 2011 I have received Special Event Permit Applications from Women & War and Grand County Characters for their annual events at the Fraser Historic Church. I have also received the renewal for Safeway and have forwarded that onto the State. I was asked to help Winter Park with their clerk interviews this week, it was a great learning experience and they had a bunch of great candidates to choose from. I’m looking forward to working with whomever they choose. th Just a reminder, the Fraser Business Appreciation Mixer is Tuesday November 15 at the Crooked Creek Eatery from 5-7 p.m. Please make plans to join us in thanking our business for their perseverance through 2011. If you have any questions, please give me a call. Lu Finance Update: 11/16/2011 Prepared: 11/10/2011 For your late night reading pleasure, your September Sales Tax report and October financial statements for both the Town and the Joint Facility are included. Our Year-to-Date sales tax collections are up nearly $74,000 dollars, and on the surface that’s th phenomenal, however we did receive our 13 submittal from one of our largest vendors in the past couple of months, so we will see a shakedown of our increase over the next couple of months. Now if we see the next three months collections hold to last year’s levels, we could exceed my projections for the year end estimate as well as exceed the budget amount – and that would truly be phenomenal! Financials look very good – we have had increased costs in fiscal year 2011, a lot of those impacts happened during a very busy snow season at the beginning of the year, all while we had increased fuel costs to contend with. Regardless, the organization is staying thin, but accomplishing what we need to do – this is a fine line that must be watched closely. Cutting costs in certain areas could easily cost us more in both the short and long term and would be contrary to our mission, i.e. vehicle maintenance. This routine maintenance must occur to help extend the useful life of our very expensive heavy equipment. This is just one example of many that Jeff must keep his eye on, making sure the message reads we will and must spend money on the basics, but when it comes time for the non-essentials that’s where we do our debating. The next two meetings will begin with a budget workshop, followed by Budget Hearings during th . The adoption your meetings, still shooting for the budget adoption to take place on December 7 of the budget marks the date I stop burying myself in the budget and I swing my focus to the year- end routines and procedures and the upcoming audit (2/21/12-2/23/12)! I will make any time available that you need to discuss budget – just give me a shout. As always please contact me with any questions or concerns you might have: 726-5491 X206 or atnhavens@town.fraser.co.us. Nat Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com ASSETS 40 -10210 JFOC CHECKING 0318047507 40 -10215 MONEY MARKET O &M RESERVE 40 -10220 COLOTRUST 8006 -CAP REPLACEMENT 40 -10410 MB MONEY MARKET CAP REPL 40 -10411 GB MONEY MARKET CAP REPL 40 -10421 CDARS 1012191266 CAP REPL 40 -10422 CDARS 1012193366 CAP REPL 40 -10430 CDARS 1011238323 CAP REPL 40 -11550 A/R WPR 40 -11560 A/R GC #1 40 -11570 A/R TOF 40 -11580 A/R WP (NUTRIENTS STUDY) 40 -11590 A/R GRANBY (NUTRIENTS STUDY) LIABILITIES AND EQUITY LIABILITIES 40 -20910 JFOC CAP REPLACEMENT RESERVE 40 -20920 JFOC O &M RESERVE FUND EQUITY FOR ADMINISTRATION USE ONLY TOTAL ASSETS 2,829,267.87 TOTAL LIABILITIES 2,853,375.20 UNAPPROPRIATED FUND BALANCE: REVENUE OVER EXPENDITURES YTD BALANCE CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY TOF JOINT FACILITIES FUND BALANCE SHEET OCTOBER 31, 2011 JOINT FACILITIES FUND 24,107.33 116,041.12 52,773.43 437,249.58 226,719.71 85,213.57 465,187.81 465,187.80 938,573.30 12,167.07 19, 322.97 10, 544.51 143.50 143.50 2,639,224.99 214,150.21 24,107.33 24,107.33 2,829,267.87 83 OF THE FISCAL YEAR HAS ELAPSED 11/08/2011 07:40PM PAGE: 1 REVENUE TOF JOINT FACILITIES FUND REVENUES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2011 JOINT FACILITIES FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT 40 -30 -100 INTEREST O &M ACCOUNTS 86.37 801.85 500.00 301.85) 160.4 40 -30 -200 O &M REIMBURSEMENT -WPR 12,167.07 118,303.52 213,632.00 95,328.48 55.4 40 -30 -205 CAPITAL REIMBURSEMENT WPR .00 19.63 73,381.00 73,361.37 .0 40 -30 -210 O &M REIMBURSEMENT GC #1 19,322.97 188,161.05 335,396.00 147,234.95 56.1 40 -30 -215 CAPITAL REIMBURSEMENT GC #1 .00 25.16 94,082.00 94,056.84 .0 40 -30 -220 O &M REIMBURSEMENT TOF 10,544.51 101,394.32 183,899.00 82,504.68 55.1 40 -30 -225 CAPITAL REIMBURSEMENT TOF .00 23.15 86,538.00 86,514.85 .0 40 -30 -230 STUDY REIMBURSEMENT WP 143.50 511.00 .00 511.00) .0 40 -30 -235 STUDY REIMBURSEMENT GRANBY 143.50 511.00 .00 511.00) .0 40 -30 -800 INTEREST CAP RES ACCOUNTS 2,189.99 19,645.32 20,000.00 354.68 98.2 40 -30 -900 MISCELLANEOUS REVENUE .00 3,384.95 .00 3,384.95) .0 40 -30 -999 CARRYOVER BALANCE .00 .00 260,827.00 260,827.00 .0 TOTAL REVENUE TOTAL FUND REVENUE FOR ADMINISTRATION USE ONLY 44,597.91 432,780.95 1,268,255.00 835,474.05 34.1 44,597.91 432,780.95 1,268,255.00 835,474.05 34.1 83 OF THE FISCAL YEAR HAS ELAPSED 11/08/2011 07:40PM PAGE: 2 40 -85 -110 40 -85 -210 40 -85 -220 40 -85 -230 40 -85 -250 40 -85 -260 40 -85 -280 40 -85 -290 40 -85 -295 40 -85 -310 40 -85 -320 40 -85 -330 40 -85 -340 40 -85 -350 40 -85 -370 40 -85 -375 40 -85 -410 40 -85 -430 40 -85 -440 40 -85 -460 40 -85 -475 40 -85 -480 40 -85 -490 40 -85 -500 40 -85 -506 40 -85 -510 40 -85 -520 40 -85 -525 40 -85 -550 40 -85 -560 40 -85 -562 40 -85 -565 40 -85 -567 40 -85 -569 40 -85 -650 40 -85 -690 PLANT 0 M EXPENDITURES Salaries Health Insurance FICA Tax Retirement Unemployment Tax Workers Comp Claims Training Programs Travel Meals and Lodging Meals Local Business Legal Fees Audit Fee Engineering Fees Financial Services Sludge Removal Professional Services Reimbursable Prof Services Bank Charges Insurance Plant Advertising Plant Maintenance and Repair Grounds Maintenance Equipment Rental Professional Memberships Operating Supplies Operating Supplies Chemicals Equipment Purchase and Repair Testing Permits Postage Utilities Telephone Utilities Electricity Utilities Natural Gas Utilities Plant Generator Utilities Trash Removal Vehicle Expenses Miscellaneous Expense TOTAL PLANT O &M EXPENDITURES PLANT CAPITAL EXPENDITURES 40 -85 -730 Capital Projects 40 -85 -740 Capital Purchases 40 -85 -930 Capital Reserve Projects TOTAL PLANT CAPITAL EXPENDITURES Joint Facilities Fund Expenditures with Comparison to Budget 10/31/2011 YTD ACTUAL BUDGET UNEXPENDED 117, 783.39 21, 311.20 8,628.12 4,711.30 353.37 1,249.25 341.71 3,781.85 3,800.00 2,271.17 34,574.38 3,853.00 1,022.00 23,307.69 662.40 9,486.71 2,647.46 57, 007.54 4,637.76 26,490.54 174.09 1,967.46 69,929.01 3,131.33 612.41 1,403.87 3,311.37 408,450.38 168, 000.00 43, 221.00 12,582.00 6,720.00 504.00 2,000.00 2,000.00 200.00 6,000.00 7,500.00 30, 000.00 65, 000.00 36, 500.00 100.00 25, 000.00 40,000.00 2,000.00 500.00 500.00 20,000.00 65, 000.00 20, 000.00 37,000.00 25, 000.00 5,500.00 90, 000.00 9,000.00 2,500.00 3,500.00 6,000.00 1,000.00 32,479.07 330,000.00 15,958.83 20,000.00 48,437.90 350,000.00 TOTAL FUND EXPENDITURES 456,888.28 1,082,827.00 50, 216.61 21, 909.80 3,953.88 2,008.70 150.63 750.75 1,658.29 200.00 2,218.15 3,700.00 27, 728.83 30,425.62 32,647.00 (1,022.00) 100.00 1,692.31 (662.40) 30, 513.29 2,000.00 500.00 500.00 17, 352.54 7,992.46 15, 362.24 10,509.46 24,825.91 3,532.54 20,070.99 5,868.67 1,887.59 2,096.13 2,688.63 1,000.00 732,827.00 324,376.62 PCNT 70.1% 49.3% 68.6% 70.1% 70.1% 0.0% 62.5% 17.1% 0.0% 63.0% 50.7% 7.6% 0.0% 53.2% 10.6% 0.0% 0.0% 93.2% 0.0% 23.7% 0.0% 0.0% 0.0% 13.2% 87.7% 23.2% 71.6% 0.7% 0.0% 35.8% 77.7% 34.8% 24.5% 40.1% 55.2% 0.0% 55.7% 297,520.93 9.8% 0.0% 4,041.17 79.8% 301,562.10 13.8% 625,938.72 42.2% 1[6'817 1 991- lez E- ILE't 19Z 190'£[ 10v Z- 1£8 106' 9E 16t E- 1 i0 /Ala# 1 i0 /Ala# 1 i0 /Ala# 1 Z6' ZZ 1 Z6' ZZ 1EZ'E- 11766`7 600`01. 17Z6`6 L81 C8 CL 179Z Z99`6 ZZ9`Z £86`6 0Z9`0L 889`E 95,341 134,608 178,147 50,0001 349,756 50,000 EEL`6E 6$ $132,193 8ii 969`6Z[$ 99'9£ 6Z£`179[$ 68['00[$ L96`EL$ 98£`60[$ O ZE`Zi7 6 08E` 666$ $108,044 0$ 0$ 0$ 6 69`EL E $1,176,309 $1,550,000 6 69`EL E 6 6'7Z Lii`06$ 1 6 69`6£6$ 1 8£6`6176$ 1 1 1 $100,453 6Z9`E8$ 1 800`Z66$ 1 LE 6`144$ 1 1 ZEL`666$ 1 1 1 $134,608 1 $178,147 Z917 1 990`929' [$1 000'009' [$1 9£6`EL$ 1 Z917 1 Z9'6Z 9£'0[ Z0 ZZ' 8 69' 7 176'9 176' E L E' E 17 6' 6Z ZE' 7 9L'E 6 69'EE 90'6E 196Z`66 EZ'L 00' 0 1965`96 190617 i60`E 14,451 6EL`Z6 L 66`Z6 Z6L 996'17 15,8451 6SL`17 [66`SE 6Z817 606`E6 917£`917 6EE`SS ['617 OL6`8 6 6 O $83,459 250`0 6 6$ L 1717`06$ 6 69`6£6$ 8£[' 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6 6 1781[ 6 017'8 9Z'L9 Z9'9 ZZ'66 06'86 81;9 60'6 00'0 617 6 ZE 176L` 6 6 iES`EZ 6175 `17 95£`0 6 0E9`0Z 9L6` 6 6 79,839 656`L 12,836 24,109 56Z`Z6 17176`Z9[ O 17 66`75 6 EZS`09 6$ 9 £[`99 L85`5 6 6$ $88,365 $115,639 $142,486 $139,446 $127,186 $114,357 686`££6$ 960`666$ $1,645,035 000'009' 6$ $45,035 68'2 E9Z`986$ 11 11 $162,236 699`886$ 11 SE6`OZ6$ 1 ZZL`86$ 1 1 69Z`9E6$ 11 11 $154,461 58Z`66Z$ 11 1 1 $120,035 OZS` [0[$ 1 ZL0`606$ 11 6E` 6 6Z$ 1 6L6'L08' 6$ 1 1 000'009' 6$ 1 1 6L6`LOZ$ 11 0 0' E 6 1 1 L c,) Q U O O N O Q o_ u_ 2<2—)—)QWOZO Town of Fraser Sales Tax Report Adjusted Collections COMBINED CASH ACCOUNTS 01 -10200 GENERAL CHECKING #878 000884 01 -10220 GENERAL CO -01- 0160 -8001 TOTAL COMBINED CASH 01 -10100 CASH ALLOCATED TO OTHER FUNDS CASH ALLOCATION RECONCILIATION TOTAL ALLOCATIONS TO OTHER FUNDS ALLOCATION FROM COMBINED CASH FUND 01 -10100 FOR ADMINISTRATION USE ONLY TOWN OF FRASER COMBINED CASH INVESTMENT OCTOBER 31, 2011 121,183.05 6,848,497.32 6,969,680.37 6,969,680.37) TOTAL UNALLOCATED CASH .00 10 ALLOCATION TO GENERAL FUND 3,469,483.05 20 ALLOCATION TO CONSERVATION TRUST FUND 51,906.83 30 ALLOCATION TO CAPITAL EQUIP REPLACEMENT FUND 330,697.01 32 ALLOCATION TO CAPITAL ASSET FUND 36,994.00) 40 ALLOCATION TO DEBT SERVICE FUND 543,742.15 50 ALLOCATION TO WATER FUND 533,277.19 55 ALLOCATION TO WASTEWATER FUND 2,062,437.50 70 ALLOCATION TO PETERSEN TRUST 15,130.64 6,969,680.37 6,969,680.37) ZERO PROOF IF ALLOCATIONS BALANCE .00 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:13AM PAGE: 1 ASSETS TOWN OF FRASER BALANCE SHEET OCTOBER 31, 2011 GENERAL FUND 10 -10100 CASH COMBINED FUND 3,469,483.05 10 -11100 PROPERTY TAXES RECEIVABLE 268,139.00 10 -11550 ACCTS REC BILLINGS 46,334.52 10 -12000 ALLOWANCE FOR DOUBTFUL ACCTS. 24,765.80) TOTAL ASSETS 3,759,190.77 LIABILITIES AND EQUITY LIABILITIES 10 -21000 ACCRUED WAGES 23,532.06 10 -21710 FWT /FICA PAYABLE 8,066.63 10 -21730 STATE WITHHOLDING PAYABLE 3,704.00 10 -21740 UNEMPLOYMENT TAXES PAYABLE 262.81 10 -21750 RETIREMENT PLAN PAYABLE 2,810.74 10 -21755 457 DEFERRED COMP PAYABLE 1,769.10 10 -21760 HEALTH INSURANCE PAYABLE 595.99) 10 -21773 DEPENDENT CARE PAYABLE 1,464.55) 10 -21775 FLEX HEALTH PLAN PAYABLE 7,178.85 10 -22210 DEFERRED TAXES 268,139.35 10 -22920 SUBDIVISION IMP SECURITY DEP 91,737.06 10 -22930 DRIVEWAY PERMIT SURETY 3,500.00 10 -22940 PRE ANNEXATION DEPOSIT BPR 10,000.00 10 -22950 RENTAL PROPERTY DEPOSITS HELD 750.00 TOTAL LIABILITIES 419,390.06 FUND EQUITY 10 -27000 RESFUND BAL SAVINGS 750,000.00 10 -27100 RESTRICTED FUND BALANCE 223,805.00 UNAPPROPRIATED FUND BALANCE: 10 -29800 FUND BALANCE BEGINNING OF YR REVENUE OVER EXPENDITURES YTD BALANCE CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY FOR ADMINISTRATION USE ONLY 2,228,062.26 137,933.45 2,365,995.71 3,339,800.71 3,759,190.77 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:13AM PAGE: 2 TAXES 10 -31 -100 GENERAL FUND PROPERTY TAX 372.89 266,218.85 250,000.00 16,218.85) 106.5 10 -31 -200 SPECIFIC OWNERSHIP TAX 1,096.91 7,178.83 8,000.00 821.17 89.7 10 -31 -300 MOTOR VEHICLE TAX 451.50 3,322.50 4,000.00 677.50 83.1 10 -31 -400 TOWN SALES TAX 191,380.17 1,068,265.18 1,550,000.00 481,734.82 68.9 10 -31 -410 USE TAX BUILDING MATERIALS 894.03 80,804.81 15,000.00 65,804.81) 538.7 10 -31 -420 USE TAX MOTOR VEHICLE SALES 1,828.27 29,755.05 20,000.00 9,755.05) 148.8 10 -31 -430 STATE CIGARETTE TAX .00 2,998.01 6,500.00 3,501.99 46.1 10 -31 -800 FRANCHISE FEES 6,545.58 32,104.57 40,000.00 7,895.43 80.3 TOTAL TAXES LICENSES PERMITS 10 -32 -100 BUSINESS LICENSE FEES 10 -32 -110 LIQUOR LICENSE FEES TOTAL LICENSES PERMITS 335.00 CHARGES FOR SERVICES 10 -34 -100 ANNEXATION FEES .00 .00 1,000.00 1,000.00 .0 10 -34 -110 ZONING FEES .00 22,171.45 1,500.00 20,671.45) 1478.1 10 -34 -120 SUBDIVISION FEES .00 900.00 1,500.00 600.00 60.0 10 -34 -130 MISCELLANEOUS PLANNING FEES 200.00 780.00 1,000.00 220.00 78.0 TOTAL CHARGES FOR SERVICES MISCELLANEOUS REVENUE 10 -36 -100 INTEREST EARNINGS 10 -36 -300 RENTAL INCOME 10 -36 -610 REIMBURSABLE PROF SERVICES 10 -36 -900 MISCELLANEOUS REVENUE TOTAL MISCELLANEOUS REVENUE OTHER SOURCES TRANSFERS 10 -39 -900 TRANSFERS IN FROM OTHER FUNDS 10 -39 -999 CARRYOVER BALANCE TOTAL OTHER SOURCES TRANSFERS TOTAL FUND REVENUE FOR ADMINISTRATION USE ONLY TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2011 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT 202,569.35 1,490,647.80 1,893,500.00 402,852.20 78.7 160.00 175.00 10,620.00 4,927.50 200.00 23,851.45 228.29 730.00 459.72 1,827.50 3,046.21 9,975.00 47,332.37 38,229.59 3,245.51 98,583.17 206,349.86 1,628,629.92 13,000.00 1,500.00 15,547.50 14,500.00 2,380.00 81.7 3,427.50) 328.5 1,047.50) 107.2 5,000.00 18,851.45) 477.0 8,000.00 4,953.79 38.1 9,000.00 975.00) 110.8 75,000.00 27,667.63 63.1 35,000.00 3,229.59) 109.2 127,000.00 28,416.83 77.6 .00 .00 50,000.00 50,000.00 .0 .00 .00 2,167,405.00 2,167,405.00 .0 .00 .00 2,217,405.00 2,217,405.00 .0 4,257,405.00 2,628,775.08 38.3 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:13AM PAGE: 3 TOWN BOARD TOTAL TOWN BOARD FOR ADMINISTRATION USE ONLY TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2011 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 10 -41 -110 SALARIES .00 16,350.00 26,000.00 9,650.00 62.9 10 -41 -220 FICA TAX .00 1,250.79 1,989.00 738.21 62.9 10 -41 -280 TRAINING PROGRAMS 115.16 689.83 2,000.00 1,310.17 34.5 10 -41 -290 TRAVEL, MEALS AND LODGING 70.97 1,103.32 3,000.00 1,896.68 36.8 10 -41 -295 MEALS AND ENTERTAINMENT 491.73 2,509.84 6,000.00 3,490.16 41.8 10 -41 -690 MISCELLANEOUS EXPENSE 193.00 279.91 2,500.00 2,220.09 11.2 10 -41 -860 GRANTS AND AID TO AGENCIES .00 .00 2,500.00 2,500.00 .0 10 -41 -861 INTERGOVERNMENTAL AGREEMENTS .00 9,000.00 15,000.00 6,000.00 60.0 10 -41 -862 FRASER/WINTER PARK POLICE DEPT 31,528.00 315,280.00 375,000.00 59,720.00 84.1 10 -41 -863 STREET LIGHTING AND SIGNALS 983.46 9,753.90 18,000.00 8,246.10 54.2 10 -41 -864 SPECIAL EVENTS .00 .00 10,000.00 10,000.00 .0 10 -41 -866 WOOD STOVE REBATES .00 .00 1,000.00 1,000.00 .0 10 -41 -867 CHAMBER OF COMMERCE IGA .00 41,961.02 51,615.00 9,653.98 81.3 10 -41 -868 WINTER SHUTTLE IGA .00 37,925.58 48,000.00 10,074.42 79.0 10 -41 -870 BUSINESS DISTSTREETSCAPE 100.00 515.00 .00 515.00) .0 10 -41 -871 BUSINESS ENHANCEMENT PROGRAMS .00 4,654.00 15,000.00 10,346.00 31.0 33,482.32 441,273.19 577,604.00 136,330.81 76.4 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:13AM PAGE: 4 ADMINISTRATION TOTAL ADMINISTRATION FOR ADMINISTRATION USE ONLY TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2011 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 10 -45 -110 SALARIES 14,578.99 163,987.63 215,250.00 51,262.37 76.2 10 -45 -210 HEALTH INSURANCE 2,782.30 29,258.36 40,482.00 11,223.64 72.3 10 -45 -220 FICA TAX 1,034.78 11,635.79 16,467.00 4,831.21 70.7 10 -45 -230 RETIREMENT 572.38 6,440.95 8,610.00 2,169.05 74.8 10 -45 -250 UNEMPLOYMENT TAX 43.72 491.78 646.00 154.22 76.1 10 -45 -280 TRAINING PROGRAMS 84.50 409.50 4,000.00 3,590.50 10.2 10 -45 -290 TRAVEL, MEALS AND LODGING 57.27 57.27 4,000.00 3,942.73 1.4 10 -45 -295 MEALS AND ENTERTAINMENT 164.55 1,869.77 3,000.00 1,130.23 62.3 10 -45 -310 LEGAL FEES .00 43,619.40 50,000.00 6,380.60 87.2 10 -45 -320 AUDIT FEES .00 14,370.00 18,000.00 3,630.00 79.8 10 -45 -330 ENGINEERING FEES 4,094.46 7,573.51 5,000.00 2,573.51) 151.5 10 -45 -360 COMPUTERS NETWORKS AND SUPPORT 2,303.19 21,429.81 30,000.00 8,570.19 71.4 10 -45 -370 OTHER PROFESSIONAL SERVICES 3,088.25 15,181.25 40,000.00 24,818.75 38.0 10 -45 -375 REIMBURSABLE PROF SERVICES .00 12,089.43 75,000.00 62,910.57 16.1 10 -45 -380 JANITORIAL SERVICES 662.98 6,456.46 13,125.00 6,668.54 49.2 10 -45 -385 TREASURERS FEES 7.46 5,325.72 7,500.00 2,174.28 71.0 10 -45 -395 RECORDING FEES .00 .00 1,000.00 1,000.00 .0 10 -45 -410 BANK CHARGES 37.10 500.80 600.00 99.20 83.5 10 -45 -420 ELECTIONS .00 .00 2,500.00 2,500.00 .0 10 -45 -430 INSURANCE -ALL DEPARTMENTS 18,967.25 79,050.38 48,000.00 31,050.38) 164.7 10 -45 -440 ADVERTISING 18.11 556.88 1,500.00 943.12 37.1 10 -45 -490 PROFESSIONAL MEMBERSHIPS .00 5,728.49 7,500.00 1,771.51 76.4 10 -45 -500 OPERATING SUPPLIES 531.41 7,236.00 16,000.00 8,764.00 45.2 10 -45 -510 EQUIPMENT PURCHASE AND REPAIR 130.31 790.44 20,000.00 19,209.56 4.0 10 -45 -550 POSTAGE 8.80 1,114.98 3,000.00 1,885.02 37.2 10 -45 -560 UTILITIES TELEPHONE 614.37 4,327.71 8,500.00 4,172.29 50.9 10 -45 -561 UTILITIES NATURAL GAS 350.48 2,889.32 6,200.00 3,310.68 46.6 10 -45 -562 UTILITIES ELECTRICITY 335.20 4,026.77 7,000.00 2,973.23 57.5 10 -45 -569 UTILITIES TRASH REMOVAL 100.00 888.94 2,000.00 1,111.06 44.5 10 -45 -670 PROP MGMT 117 EISENHOWER DR 866.31 9,968.75 25,000.00 15,031.25 39.9 10 -45 -671 PROP MGMT 105 FRASER AVE .00 2,899.90 1,000.00 1,899.90) 290.0 10 -45 -673 PROP MGMT 153 FRASER AVE 95.53 4,990.27 12,000.00 7,009.73 41.6 10 -45 -674 PROP MGMT- 200 EISENHOWER DR 118.13 1,420.72 2,000.00 579.28 71.0 10 -45 -676 PROP MGMT- 400 DOC SUSIE AVE .00 .00 1,000.00 1,000.00 .0 10 -45 -690 MISCELLANEOUS EXPENSE .00 6,016.17 5,000.00 1,016.17) 120.3 10 -45 -695 BAD DEBT WRITE -OFF 4,356.25 4,356.25 .00 4,356.25) .0 10 -45 -810 LEASE /PURCHASE PRINCIPAL .00 50,455.96 50,455.00 .96) 100.0 10 -45 -820 LEASE /PURCHASE INTEREST .00 23,150.57 23,150.00 .57) 100.0 56,004.08 550,565.93 774,485.00 223,919.07 71.1 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:13AM PAGE: 5 PUBLIC WORKS TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2011 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 10 -60 -110 SALARIES 22,144.68 246,067.92 346,500.00 100,432.08 71.0 10 -60 -210 HEALTH INSURANCE 4,478.61 46,943.44 60,000.00 13,056.56 78.2 10 -60 -220 FICA TAX 1,586.62 17,673.01 26,507.00 8,833.99 66.7 10 -60 -230 RETIREMENT 821.42 9,053.17 13,860.00 4,806.83 65.3 10 -60 -250 UNEMPLOYMENT TAX 66.43 738.14 1,040.00 301.86 71.0 10 -60 -280 TRAINING PROGRAMS 180.92 836.94 2,000.00 1,163.06 41.9 10 -60 -290 TRAVEL, MEALS AND LODGING .00 115.09 2,000.00 1,884.91 5.8 10 -60 -295 MEALS AND ENTERTAINMENT 149.50 309.82 500.00 190.18 62.0 10 -60 -330 ENGINEERING FEES 12,105.00 24,025.25 20,000.00 4,025.25) 120.1 10 -60 -370 OTHER PROFESSIONAL SERVICES 3,241.50 4,576.50 2,500.00 2,076.50) 183.1 10 -60 -475 CONTRACT SNOW REMOVAL .00 2,840.00 .00 2,840.00) .0 10 -60 -480 EQUIPMENT RENTAL .00 886.00 5,000.00 4,114.00 17.7 10 -60 -490 PROFESSIONAL MEMBERSHIPS .00 240.00 500.00 260.00 48.0 10 -60 -500 OPERATING SUPPLIES 9,537.44 60,223.78 65,000.00 4,776.22 92.7 10 -60 -506 PLANTS /PLANTER SUPPLIES 1,577.77 6,634.93 10,000.00 3,365.07 66.4 10 -60 -510 EQUIPMENT PURCHASE AND REPAIR 1,140.92 25,152.23 40,000.00 14,847.77 62.9 10 -60 -560 UTILITIES TELEPHONE 238.95 1,298.55 3,000.00 1,701.45 43.3 10 -60 -561 UTILITIES NATURAL GAS 251.63 3,404.42 7,500.00 4,095.58 45.4 10 -60 -562 UTILITIES ELECTRICITY 131.02 1,366.11 3,500.00 2,133.89 39.0 10 -60 -569 UTILITIES TRASH REMOVAL 88.58 732.01 2,500.00 1,767.99 29.3 10 -60 -670 PROP MGMT 125 FRASER AVE .00 486.33 5,000.00 4,513.67 9.7 10 -60 -673 PROP MGMT- FRASER RIVER TRAIL 570.78 3,805.81 35,000.00 31,194.19 10.9 10 -60 -674 PROP MGMT HWY 40 PEDESTRIAN .00 .00 5,000.00 5,000.00 .0 10 -60 -676 PROP MGMT OLD SCHLHOUSE PK .00 177.50 500.00 322.50 35.5 10 -60 -678 PROP MGMT WALK THRU HIST PRK .00 .00 5,000.00 5,000.00 .0 10 -60 -679 PROP MGMT SCHOOL BUS GARAGE 139.40 4,381.27 8,000.00 3,618.73 54.8 10 -60 -680 PROP MGMT GARDNER SHED .00 40.00 .00 40.00) .0 10 -60 -681 PROP MGMT COZENS RANCH PARK 367.97 3,158.34 10,000.00 6,841.66 31.6 10 -60 -682 PROP MGMT AMTRAK STATION .00 .00 1,500.00 1,500.00 .0 10 -60 -683 PROP MGMT- PTARMIGAN OS .00 360.00 1,500.00 1,140.00 24.0 10 -60 -684 PROP MGMT FRODO .00 .00 2,500.00 2,500.00 .0 10 -60 -690 MISCELLANEOUS EXPENSE .00 1,462.50 5,000.00 3,537.50 29.3 10 -60 -725 STREET IMPROVEMENTS 1,210.40 14,381.33 10,000.00 4,381.33) 143.8 TOTAL PUBLIC WORKS WALK THROUGH HISTORY PARK 10 -65 -110 SALARIES 908.79 6,071.93 .00 6,071.93) .0 10 -65 -370 OTHER PROFESSIONAL SERVICES 201.97 361.97 .00 361.97) .0 10 -65 -380 JANITORIAL SERVICES 442.97 1,112.97 .00 1,112.97) .0 10 -65 -500 OPERATING SUPPLIES 13.04 13.04 .00 13.04) .0 10 -65 -560 UTILITIES TELEPHONE 40.31 402.46 1,000.00 597.54 40.3 10 -65 -561 UTILITIES NATURAL GAS 125.48 261.06 .00 261.06) .0 10 -65 -562 UTILITIES ELECTRICITY 80.90 380.30 .00 380.30) .0 10 -65 -670 PROP MGMT- 120 ZEREX 1,819.10 1,819.10 2,000.00 180.90 91.0 TOTAL WALK THROUGH HISTORY PARK FOR ADMINISTRATION USE ONLY 60,029.54 481,370.39 700,907.00 219,536.61 68.7 3,632.56 10,422.83 3,000.00 7,422.83) 347.4 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:13AM PAGE: 6 TRANSFERS TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2011 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 10 -90 -920 TRANSFER TO CERF POLICE DEPT .00 .00 35,000.00 35,000.00 .0 10 -90 -930 TRANSFER TO CERF PUBLICWORKS .00 .00 50,000.00 50,000.00 .0 10 -90 -935 TRANSFER TO CAF .00 .00 100,000.00 100,000.00 .0 10 -90 -940 TRANSFER TO DEBT SERVICE FUND .00 .00 247,250.00 247,250.00 .0 10 -90 -950 TRANSFER TO WATER FUND .00 .00 23,000.00 23,000.00 .0 10 -90 -960 TRANSFER TO FREP .00 .00 50,000.00 50,000.00 .0 TOTAL TRANSFERS FISCAL AGENT .00 .00 505,250.00 505,250.00 .0 10 -95 -110 SALARIES 286.00 4,710.54 .00 4,710.54) .0 10 -95 -210 HEALTH INSURANCE 104.37 1,810.62 .00 1,810.62) .0 10 -95 -220 FICA TAX 21.42 340.42 .00 340.42) .0 10 -95 -230 RETIREMENT 11.44 188.42 .00 188.42) .0 10 -95 -250 UNEMPLOYMENT TAX .85 14.13 .00 14.13) .0 TOTAL FISCAL AGENT 424.08 7,064.13 .00 7,064.13) .0 TOTAL FUND EXPENDITURES 153,572.58 1,490,696.47 2,561,246.00 1,070,549.53 58.2 NET REVENUE OVER EXPENDITURES 52,777.28 137,933.45 1,696,159.00 1,558,225.55 8.1 FOR ADMINISTRATION USE ONLY 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:13AM PAGE: 7 ASSETS 20 -10100 CASH COMBINED FUND 51,906.83 TOTAL ASSETS 51,906.83 LIABILITIES AND EQUITY FUND EQUITY UNAPPROPRIATED FUND BALANCE: 20 -29800 FUND BALANCE BEGINNING OF YR REVENUE OVER EXPENDITURES YTD BALANCE CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY FOR ADMINISTRATION USE ONLY TOWN OF FRASER BALANCE SHEET OCTOBER 31, 2011 CONSERVATION TRUST FUND 48,477.36 3,429.47 51,906.83 51,906.83 51,906.83 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:13AM PAGE: 8 REVENUE TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2011 CONSERVATION TRUST FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT 20 -30 -100 CONS TRUST (LOTTERY) PROCEEDS .00 3,384.32 5,900.00 2,515.68 57.4 20 -30 -800 INTEREST EARNINGS 3.07 45.15 60.00 14.85 75.3 20 -30 -999 CARRYOVER BALANCE .00 .00 49,388.00 49,388.00 .0 TOTAL REVENUE 3.07 3,429.47 55,348.00 51,918.53 6.2 TOTAL FUND REVENUE 3.07 3,429.47 55,348.00 51,918.53 6.2 FOR ADMINISTRATION USE ONLY 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:13AM PAGE: 9 EXPENDITURES 20 -40 -910 TRANSFER TO GENERAL FUND TOTAL EXPENDITURES TOTAL FUND EXPENDITURES NET REVENUE OVER EXPENDITURES FOR ADMINISTRATION USE ONLY TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2011 CONSERVATION TRUST FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT .00 .00 50,000.00 50,000.00 .0 .00 .00 50,000.00 50,000.00 .0 .00 .00 50,000.00 50,000.00 .0 3.07 3,429.47 5,348.00 1,918.53 64.1 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:13AM PAGE: 10 ASSETS 30 -10100 CASH COMBINED FUND 330,697.01 TOTAL ASSETS 330,697.01 LIABILITIES AND EQUITY FUND EQUITY UNAPPROPRIATED FUND BALANCE: 30 -29800 FUND BALANCE BEGINNING OF YR REVENUE OVER EXPENDITURES YTD BALANCE CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY FOR ADMINISTRATION USE ONLY TOWN OF FRASER BALANCE SHEET OCTOBER 31, 2011 CAPITAL EQUIP REPLACEMENT FUND 295,849.48 34,847.53 330,697.01 330,697.01 330,697.01 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:13AM PAGE: 11 REVENUE TOTAL FUND REVENUE FOR ADMINISTRATION USE ONLY TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2011 CAPITAL EQUIP REPLACEMENT FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT 30 -30 -100 HWY USE TAX PROCEEDS 4,311.10 34,556.94 42,420.00 7,863.06 81.5 30 -30 -800 INTEREST EARNINGS 21.05 290.59 550.00 259.41 52.8 30 -30 -900 TRANSFER FROM G/F POLICEDEPT .00 .00 35,000.00 35,000.00 .0 30 -30 -910 TRANSFER FROM G/F PUBLICWORK .00 .00 50,000.00 50,000.00 .0 30 -30 -920 TRANSFER FROM UTILITY FUNDS .00 .00 20,000.00 20,000.00 .0 30 -30 -999 CARRYOVER BALANCE .00 .00 292,518.00 292,518.00 .0 TOTAL REVENUE 4,332.15 34,847.53 440,488.00 405,640.47 7.9 4,332.15 34,847.53 440,488.00 405,640.47 7.9 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:13AM PAGE: 12 EXPENDITURES TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2011 CAPITAL EQUIP REPLACEMENT FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 30 -40 -745 PUBLIC SAFETY FLEET PURCHASE .00 .00 35,000.00 35,000.00 .0 30 -40 -750 REGULAR FLEET PURCHASE .00 .00 15,000.00 15,000.00 .0 30 -40 -755 HEAVY EQUIPMENT PURCHASE .00 .00 15,000.00 15,000.00 .0 TOTAL EXPENDITURES .00 .00 65,000.00 65,000.00 .0 TOTAL FUND EXPENDITURES .00 .00 65,000.00 65,000.00 .0 NET REVENUE OVER EXPENDITURES 4,332.15 34,847.53 375,488.00 340,640.47 9.3 FOR ADMINISTRATION USE ONLY 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:13AM PAGE: 13 ASSETS 32 -10100 CASH COMBINED FUND TOTAL ASSETS LIABILITIES AND EQUITY FUND EQUITY UNAPPROPRIATED FUND BALANCE: 32 -29800 FUND BALANCE BEGINNING OF YR REVENUE OVER EXPENDITURES YTD BALANCE CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY FOR ADMINISTRATION USE ONLY TOWN OF FRASER BALANCE SHEET OCTOBER 31, 2011 CAPITAL ASSET FUND 150,586.08 187,580.08) 36,994.00) 36,994.00) 36,994.00) 36,994.00) 36,994.00) 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:13AM PAGE: 14 CAPITAL ASSET REVENUE FOR ADMINISTRATION USE ONLY TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2011 CAPITAL ASSET FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT 32 -30 -800 INTEREST EARNINGS .44 132.73 375.00 242.27 35.4 32 -30 -910 TRANSFER IN FROM GENERAL FUND .00 .00 100,000.00 100,000.00 .0 32 -30 -999 CARRYOVER FUND BALANCE .00 .00 150,575.00 150,575.00 .0 TOTAL CAPITAL ASSET REVENUE .44 132.73 250,950.00 250,817.27 .1 TOTAL FUND REVENUE .44 132.73 250,950.00 250,817.27 .1 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:13AM PAGE: 15 CAPITAL ASSET EXPENDITURES 32 -40 -810 CAPITAL PROJ- STREETS EXISTING TOTAL CAPITAL ASSET EXPENDITURES TOTAL FUND EXPENDITURES NET REVENUE OVER EXPENDITURES FOR ADMINISTRATION USE ONLY TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2011 CAPITAL ASSET FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 41,344.03 41,344.03 41,344.03 187,712.81 41,343.59) 187,580.08) 187,712.81 250,000.00 187,712.81 250,000.00 62,287.19 75.1 62,287.19 75.1 250,000.00 62,287.19 75.1 950.00 188,530.08 (19745 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:13AM PAGE: 16 INTERGOVERNMENTAL REVENUE 35 -30 -100 GRANTS AND AWARDS 35 -30 -910 TRANSFER IN FROM GENERAL FUND TOTAL INTERGOVERNMENTAL REVENUE TOTAL FUND REVENUE FOR ADMINISTRATION USE ONLY TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2011 FREP FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT .00 .00 610,000.00 610,000.00 .0 .00 .00 50,000.00 50,000.00 .0 .00 .00 660,000.00 660,000.00 .0 .00 .00 660,000.00 660,000.00 .0 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:13AM PAGE: 17 TOWN OF FRASER EXPENSES TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2011 FREP FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 35 -50 -440 F/WP TRAIL LINK CONSTRUCTION .00 .00 260,000.00 260,000.00 .0 35 -50 -450 LIONS FISH PONDS IMPROVEMENTS .00 .00 400,000.00 400,000.00 .0 TOTAL TOWN OF FRASER EXPENSES .00 .00 660,000.00 660,000.00 .0 TOTAL FUND EXPENDITURES .00 .00 660,000.00 660,000.00 .0 NET REVENUE OVER EXPENDITURES .00 .00 .00 .00 .0 FOR ADMINISTRATION USE ONLY 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:13AM PAGE: 18 ASSETS TOWN OF FRASER BALANCE SHEET OCTOBER 31, 2011 DEBT SERVICE FUND 40 -10100 CASH COMBINED FUND 543,742.15 40 -11100 PROPERTY TAXES RECEIVABLE 80,000.00 TOTAL ASSETS 623,742.15 LIABILITIES AND EQUITY LIABILITIES 40 -22210 DEFERRED PROPERTY TAXES TOTAL LIABILITIES FUND EQUITY 80,000.00 40 -27000 RESFUND BAL -1 YEARS PAYMENT 300,000.00 40 -27100 RESTRICTED FUND BALANCE 379,358.00 UNAPPROPRIATED FUND BALANCE: REVENUE OVER EXPENDITURES YTD 135,615.85) BALANCE CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY FOR ADMINISTRATION USE ONLY 135,615.85) 80,000.00 543,742.15 623,742.15 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:13AM PAGE: 19 REVENUE TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2011 DEBT SERVICE FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT 40 -30 -100 PROPERTY TAX 111.26 79,432.47 80,000.00 567.53 99.3 40 -30 -200 SPECIFIC OWNERSHIP TAX 327.29 2,151.69 4,000.00 1,848.31 53.8 40 -30 -800 INTEREST EARNINGS 35.08 602.19 3,500.00 2,897.81 17.2 40 -30 -910 TRANSFER IN FROM GENERAL FUND .00 .00 247,250.00 247,250.00 .0 TOTAL REVENUE 473.63 82,186.35 334,750.00 252,563.65 24.6 TOTAL FUND REVENUE 473.63 82,186.35 334,750.00 252,563.65 24.6 FOR ADMINISTRATION USE ONLY 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:13AM PAGE: 20 EXPENDITURES TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2011 DEBT SERVICE FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 40 -40 -385 TREASURERS FEES GO BOND 2.23 1,589.07 2,000.00 410.93 79.5 40 -40 -810 BOND PRINCIPAL 02 S &U ISSUE .00 25,000.00 25,000.00 .00 100.0 40 -40 -811 BOND PRINCIPAL 98 GO ISSUE .00 .00 35,000.00 35,000.00 .0 40 -40 -812 BOND PRINCIPAL 98 S &U ISSUE .00 140,000.00 140,000.00 .00 100.0 40 -40 -820 BOND INTEREST 02 S &U ISSUE .00 5,600.00 15,856.00 10,256.00 35.3 40 -40 -821 BOND INTEREST 98 GO ISSUE .00 7,928.13 13,976.00 6,047.87 56.7 40 -40 -822 BOND INTEREST 98 S &U ISSUE .00 37,085.00 70,565.00 33,480.00 52.6 40 -40 -850 BOND AGENT FEES .00 600.00 2,500.00 1,900.00 24.0 40 -40 -910 TRANSFER TO DSF RESERVES .00 .00 29,853.00 29,853.00 .0 TOTAL EXPENDITURES 2.23 217,802.20 334,750.00 116,947.80 65.1 TOTAL FUND EXPENDITURES 2.23 217,802.20 334,750.00 116,947.80 65.1 NET REVENUE OVER EXPENDITURES 471.40 135,615.85) .00 135,615.85 .0 FOR ADMINISTRATION USE ONLY 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:13AM PAGE: 21 ASSETS LIABILITIES AND EQUITY LIABILITIES FUND EQUITY UNAPPROPRIATED FUND BALANCE: 50 -29800 RETAINED EARNINGS REVENUE OVER EXPENDITURES YTD BALANCE CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY FOR ADMINISTRATION USE ONLY TOWN OF FRASER BALANCE SHEET OCTOBER 31, 2011 WATER FUND 50 -10100 CASH COMBINED FUND 533,277.19 50 -11500 NR CUSTOMER SERVICE CHARGES 26,773.23 50 -11600 NR FOX RUN -GRAND CO HOUSING 31,800.00 50 -16100 LAND 100,000.00 50 -16200 BUILDINGS 2,915,858.49 50 -16203 WELLS SYSTEM 768,371.74 50 -16212 WATER DISTRIBUTION /STORAGE 9,845,211.82 50 -16213 WELLS 1,063,119.43 50 -16400 EQUIPMENT 239,923.02 50 -16500 WATER RIGHTS 19,775.86 50 -17900 ACCUMULATED DEPRECIATION 2,725,428.67) TOTAL ASSETS 12,818,682.11 50 -21100 ACCRUED PTO AND BENEFITS 8,138.49 50 -22910 ROAD CUT SURITY FEES 15,922.50 TOTAL LIABILITIES 24,060.99 50 -27000 RESFUND BAL 0 M 100,000.00 12,596,650.23 97,970.89 12,694,621.12 12,794,621.12 12,818,682.11 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:14AM PAGE: 22 LICENSES PERMITS 50 -32 -100 EXCAVATION PERMIT FEES TOTAL LICENSES PERMITS CHARGES FOR SERVICES TOTAL CHARGES FOR SERVICES MISCELLANEOUS REVENUE 50 -36 -100 INTEREST EARNINGS 50 -36 -900 MISCELLANEOUS REVENUE TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2011 WATER FUND TOTAL MISCELLANEOUS REVENUE 106.14 OTHER SOURCES TRANSFERS TOTAL FUND REVENUE FOR ADMINISTRATION USE ONLY PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT .00 550.00 200.00 350.00) 275.0 .00 550.00 200.00 350.00) 275.0 50 -34 -100 CUSTOMER SERVICE CHARGES 724.25) 457,260.21 604,359.00 147,098.79 75.7 50 -34 -150 PENALTIES INTEREST 1,251.86 6,552.19 1,000.00 5,552.19) 655.2 50 -34 -200 PLANT INVESTMENT FEES .00 .00 8,000.00 8,000.00 .0 50 -34 -300 WATER METER SALES .00 5,780.00 1,000.00 4,780.00) 578.0 527.61 469,592.40 614,359.00 144,766.60 76.4 31.14 75.00 401.23 3,870.60 633.75 474,414.23 1,000.00 5,000.00 4,271.83 6,000.00 598.77 40.1 1,129.40 77.4 1,728.17 71.2 50 -39 -999 CARRYOVER BALANCE .00 .00 299,665.00 299,665.00 .0 TOTAL OTHER SOURCES TRANSFERS .00 .00 299,665.00 299,665.00 .0 920,224.00 445,809.77 51.6 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:14AM PAGE: 23 EXPENDITURES TOTAL EXPENDITURES TOTAL FUND EXPENDITURES NET REVENUE OVER EXPENDITURES FOR ADMINISTRATION USE ONLY TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2011 50 -40 -110 SALARIES 14,516.11 162,098.65 199,500.00 50 -40 -210 HEALTH INSURANCE 3,109.46 32,685.78 44,800.00 50 -40 -220 FICA TAX 1,012.31 11,351.80 15,262.00 50 -40 -230 RETIREMENT 577.43 6,379.51 7,980.00 50 -40 -250 UNEMPLOYMENT TAX 43.59 483.16 599.00 50 -40 -280 TRAINING PROGRAMS .00 592.11 3,000.00 50 -40 -290 TRAVEL, MEALS AND LODGING .00 875.21 3,000.00 50 -40 -295 MEALS AND ENTERTAINMENT 109.48 292.90 2,000.00 50 -40 -310 LEGAL FEES 22,658.92 64,462.47 35,000.00 50 -40 -330 ENGINEERING FEES 2,575.50 7,459.00 40,000.00 50 -40 -360 COMPUTERS NETWORKS AND SUPPORT 572.33 3,711.32 15,000.00 50 -40 -370 OTHER PROFESSIONAL SERVICES 43.47 208.48 15,000.00 50 -40 -410 BANK CHARGES .00 16.00 .00 50 -40 -430 INSURANCE .00 .00 20,000.00 50 -40 -440 ADVERTISING .00 .00 500.00 50 -40 -460 SYSTEM REPAIR AND MAINT PROD 230.00 673.51 30,000.00 50 -40 -465 SYSTEM REPAIR AND MAINT DIST .00 5,880.75 30,000.00 50 -40 -490 PROFESSIONAL MEMBERSHIPS .00 6,579.50 8,000.00 50 -40 -500 OPERATING SUPPLIES PRODUCTION 433.02 7,884.22 30,000.00 50 -40 -505 OPERATING SUPPLIES DISTRIB 4,444.72 10,576.26 25,000.00 50 -40 -510 EQUIPMENT PURCHASE AND REPAIR 86.27 86.27 5,000.00 50 -40 -520 TESTING 200.00 2,326.00 3,000.00 50 -40 -550 POSTAGE BILLING SUPPLIES .00 982.33 3,500.00 50 -40 -560 UTILITIES TELEPHONE 324.72 2,345.20 5,500.00 50 -40 -562 UTILITIES ELECTRICITY 2,540.39 26,776.81 45,000.00 50 -40 -670 PROP MGMT FRASER WTP .00 37.79 6,000.00 50 -40 -680 PROP MGMT MARYVALE WTP .00 .00 6,000.00 50 -40 -690 MISCELLANEOUS EXPENSE .00 897.08 1,000.00 50 -40 -715 WATER RIGHTS DIVERSION DEV 748.00 20,781.23 35,000.00 50 -40 -730 CAPITAL PROJECTS .00 .00 100,000.00 50 -40 -930 TRANSFER TO CERF .00 .00 10,000.00 50 -40 -970 TRANSFER TO O &M RESERVES .00 .00 100,000.00 PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT WATER FUND 54,225.72 376,443.34 54,225.72 376,443.34 53,591.97) 97,970.89 37,401.35 81.3 12,114.22 73.0 3,910.20 74.4 1,600.49 79.9 115.84 80.7 2,407.89 19.7 2,124.79 29.2 1,707.10 14.7 29,462.47) 184.2 32,541.00 18.7 11,288.68 24.7 14,791.52 1.4 16.00) .0 20,000.00 .0 500.00 .0 29,326.49 2.3 24,119.25 19.6 1,420.50 82.2 22,115.78 26.3 14,423.74 42.3 4,913.73 1.7 674.00 77.5 2,517.67 28.1 3,154.80 42.6 18,223.19 59.5 5,962.21 .6 6,000.00 .0 102.92 89.7 14,218.77 59.4 100,000.00 .0 10,000.00 .0 100,000.00 .0 844,641.00 468,197.66 44.6 844,641.00 468,197.66 44.6 75,583.00 22,387.89) 129.6 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:14AM PAGE: 24 ASSETS LIABILITIES AND EQUITY LIABILITIES FUND EQUITY BALANCE CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY FOR ADMINISTRATION USE ONLY TOWN OF FRASER BALANCE SHEET OCTOBER 31, 2011 WASTEWATER FUND 55 -10100 CASH COMBINED FUND 2,062,437.50 55 -11500 NR CUSTOMER SERVICE CHARGES 23,253.91 55 -11900 MISCELLANEOUS RECEIVABLES .17) 55 -15950 CAP REPL RES HELD W /JFOC 728,241.00 55 -15955 O &M RESERVE HELD W /JFOC 51,185.92 55 -16100 LAND 144,320.40 55 -16200 SEWER TREATMENT PLANT 3,207,369.16 55 -16210 METER BUILDING IMPROVEMENTS 8,056.39 55 -16220 SEWER COLLECTION SYSTEM 10,620,070.80 55 -16250 CONSOLIDATED COLLECTION SYSTEM 279,069.00 55 -16400 EQUIPMENT 71,492.50 55 -17900 ACCUMULATED DEPRECIATION 556,734.72) 55 -17905 ACCUM DEPR PLANT /JFOC 34,882.44) 55 -17910 ACCUM DEPR SEWER COLLECT -FSD 2,239,500.35) 55 -17915 ACCUM DEPR- EQUIPMENT 71,492.81) TOTAL ASSETS 14,292,886.09 55 -20210 ACCRUED A/P AUDIT 12,600.00 55 -20810 DUE TO GENERAL FUND 115.00) 55 -21100 ACCRUED PTO AND BENEFITS 6,754.71 TOTAL LIABILITIES 19,239.71 UNAPPROPRIATED FUND BALANCE: 55 -29800 RETAINED EARNINGS 13,700,798.29 55 -29810 RETAINED EARNINGS UNRESTRICT 53,572.01) 55 -29820 RETAINED EARNINGS RESTRICTED 654,109.00 REVENUE OVER EXPENDITURES YTD 27,688.90) 14,273,646.38 14,273,646.38 14,292,886.09 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:14AM PAGE: 25 CHARGES FOR SERVICES TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2011 WASTEWATER FUND 55 -34 -100 CUSTOMER SERVICE CHARGES 251.55) 453,472.24 606,532.00 153,059.76 74.8 55 -34 -150 PENALTIES INTEREST 894.39 2,691.34 1,000.00 1,691.34) 269.1 55 -34 -200 PLANT INVESTMENT FEES .00 67,500.00 15,000.00 52,500.00) 450.0 TOTAL CHARGES FOR SERVICES 642.84 523,663.58 622,532.00 98,868.42 84.1 MISCELLANEOUS REVENUE PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT 55 -36 -100 INTEREST EARNINGS 126.74 1,964.38 4,000.00 2,035.62 49.1 55 -36 -500 JFOC MANAGEMENT FEE .00 21,316.50 28,420.00 7,103.50 75.0 55 -36 -900 MISCELLANEOUS REVENUE .00 .00 1,500.00 1,500.00 .0 TOTAL MISCELLANEOUS REVENUE 126.74 23,280.88 33,920.00 10,639.12 68.6 OTHER SOURCES TRANSFERS 55 -39 -999 CARRYOVER BALANCE .00 .00 2,059,409.00 2,059,409.00 .0 TOTAL OTHER SOURCES TRANSFERS .00 .00 2,059,409.00 2,059,409.00 .0 TOTAL FUND REVENUE FOR ADMINISTRATION USE ONLY 769.58 546,944.46 2,715,861.00 2,168,916.54 20.1 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:14AM PAGE: 26 EXPENDITURES TOTAL EXPENDITURES TOTAL FUND EXPENDITURES NET REVENUE OVER EXPENDITURES FOR ADMINISTRATION USE ONLY TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2011 WASTEWATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 55 -40 -110 SALARIES 11,824.43 134,060.47 178,500.00 44,439.53 75.1 55 -40 -210 HEALTH INSURANCE 2,251.19 23,677.17 30,240.00 6,562.83 78.3 55 -40 -220 FICA TAX 846.15 9,602.72 13,655.00 4,052.28 70.3 55 -40 -230 RETIREMENT 465.43 5,210.42 7,140.00 1,929.58 73.0 55 -40 -250 UNEMPLOYMENT TAX 35.44 398.02 536.00 137.98 74.3 55 -40 -280 TRAINING PROGRAMS .00 229.00 2,000.00 1,771.00 11.5 55 -40 -290 TRAVEL, MEALS AND LODGING 9.19 21.98 2,000.00 1,978.02 1.1 55 -40 -295 MEALS AND ENTERTAINMENT 9.34 64.53 500.00 435.47 12.9 55 -40 -310 LEGAL FEES .00 1,060.00 10,000.00 8,940.00 10.6 55 -40 -330 ENGINEERING FEES .00 2,688.00 20,000.00 17,312.00 13.4 55 -40 -360 COMPUTERS NETWORKS AND SUPPORT 572.33 2,259.32 5,000.00 2,740.68 45.2 55 -40 -370 OTHER PROFESSIONAL SERVICES 99.47 522.06 10,000.00 9,477.94 5.2 55 -40 -410 BANK CHARGES .00 .00 100.00 100.00 .0 55 -40 -430 INSURANCE .00 .00 5,500.00 5,500.00 .0 55 -40 -440 ADVERTISING .00 .00 1,000.00 1,000.00 .0 55 -40 -460 SYSTEM REPAIR AND MAINT- COLLEC 18,975.45 22,055.42 20,000.00 2,055.42) 110.3 55 -40 -490 PROFESSIONAL MEMBERSHIPS .00 4,645.50 6,100.00 1,454.50 76.2 55 -40 -500 OPERATING SUPPLIES COLLECTIONS .00 380.54 5,000.00 4,619.46 7.6 55 -40 -510 EQUIPMENT PURCHASE AND REPAIR .00 54.95 5,500.00 5,445.05 1.0 55 -40 -520 TESTING 25.00 625.00 1,000.00 375.00 62.5 55 -40 -550 POSTAGE BILLING SUPPLIES .00 982.33 2,500.00 1,517.67 39.3 55 -40 -560 UTILITIES TELEPHONE 45.19 222.57 1,500.00 1,277.43 14.8 55 -40 -650 WW TREATMENT CHARGES/JFOC 8,256.95 90,367.33 296,372.00 206,004.67 30.5 55 -40 -660 JFOC CAPREPL RESERVE .00 122,675.15 122,652.00 23.15) 100.0 55 -40 -690 MISCELLANEOUS EXPENSE .00 87.08 3,000.00 2,912.92 2.9 55 -40 -730 CAPITAL PROJECTS 13,632.53 148,337.50 330,000.00 181,662.50 45.0 55 -40 -760 PIF CAPITAL PROJECTS .00 4,406.30 .00 4,406.30) .0 55 -40 -930 TRANSFER TO CERF .00 .00 10,000.00 10,000.00 .0 57,048.09 574,633.36 57,048.09 574,633.36 56,278.51) 27,688.90) 1,089,795.00 515,161.64 52.7 1,089,795.00 515,161.64 52.7 1,626,066.00 1,653,754.90 1.7) 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:14AM PAGE: 27 ASSETS TOWN OF FRASER BALANCE SHEET OCTOBER 31, 2011 PETERSEN TRUST 70 -10100 CASH COMBINED FUND 15,130.64 TOTAL ASSETS 15,130.64 LIABILITIES AND EQUITY FUND EQUITY UNAPPROPRIATED FUND BALANCE: 70 -29800 FUND BALANCE BEGINNING OF YR 17,752.06 REVENUE OVER EXPENDITURES YTD 2,621.42) BALANCE CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY FOR ADMINISTRATION USE ONLY 15,130.64 15,130.64 15,130.64 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:14AM PAGE: 28 REVENUE 70 -30 -800 INTEREST EARNINGS 70 -30 -999 CARRYOVER BALANCE TOTAL REVENUE TOTAL FUND REVENUE FOR ADMINISTRATION USE ONLY TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2011 PETERSEN TRUST PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT 1.32 18.58 .00 18.58) .0 .00 .00 17, 785.00 17, 785.00 .0 1.32 18.58 17, 785.00 17, 766.42 .1 1.32 18.58 17, 785.00 17, 766.42 .1 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:14AM PAGE: 29 EXPENDITURES 70 -40 -670 PETERSEN TRUST EXP TRAIL TOTAL EXPENDITURES TOTAL FUND EXPENDITURES NET REVENUE OVER EXPENDITURES FOR ADMINISTRATION USE ONLY TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2011 PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT PETERSEN TRUST 2,640.00 2,640.00 2,640.00 2,640.00 2,638.68) 2,621.42) 2,640.00 17,785.00 2,640.00 17,785.00 15,145.00 14.8 15,145.00 14.8 17, 785.00 15,145.00 14.8 .00 2,621.42 .0 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:14AM PAGE: 30 ASSETS LIABILITIES AND EQUITY FUND EQUITY FOR ADMINISTRATION USE ONLY TOWN OF FRASER BALANCE SHEET OCTOBER 31, 2011 GENERAL FIXED ASSETS 91 -16100 LAND 730,630.35 91 -16200 ADMINISTRATION BUILDING 208,379.39 91 -16203 MAINTENANCE BUILDING 57,722.51 91 -16208 HOUSE 400 DOC SUSIE AVE 54,839.27 91 -16209 VISITOR CENTER 183,895.00 91 -16211 BUSBARN 105 FRASER AVE HOUSE 100,000.00 91 -16250 CHURCH 267,000.00 91 -16306 PARKS 367,800.08 91 -16311 STREET IMPROVEMENTS 3,439,840.00 91 -16312 HIGHWAY 40 PATH 8,872.00 91 -16490 EQUIPMENT OTHER 872,015.00 91 -16500 OFFICE EQUIPMENT 57,261.75 91 -17900 ACCUMULATED DEPRECIATION 2,260,048.61) TOTAL ASSETS 4,088,206.74 UNAPPROPRIATED FUND BALANCE: 91 -29800 INVESTMENT IN FIXED ASSETS 4,088,206.74 BALANCE CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY 4,088,206.74 4,088,206.74 4,088,206.74 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:14AM PAGE: 31 ASSETS LIABILITIES AND EQUITY LIABILITIES 95 -25050 2002 SERIAL BONDS 95 -25060 1998 REVENUE REFUNDING BONDS 95 -25070 1998 GENERAL OBLIGATION BONDS 95 -25200 ACCRUED COMPENSATED ABSENCES 95 -25500 CAPITAL LEASES KOMATSU LOADER FOR ADMINISTRATION USE ONLY TOWN OF FRASER BALANCE SHEET OCTOBER 31, 2011 GENERAL LONG -TERM DEBT 95 -18100 AMOUNT TO BE PROVIDED 3,131,161.31 TOTAL ASSETS 3,131,161.31 360,000.00 2,035,000.00 475,000.00 15,677.17 245,484.14 TOTAL LIABILITIES 3,131,161.31 TOTAL LIABILITIES AND EQUITY 3,131,161.31 83 OF THE FISCAL YEAR HAS ELAPSED 11/07/2011 10:14AM PAGE: 32 PLANNING UPDATE (November 16, 2011) Planning Commission: On 9/28/11, the Planning Commission recommended approval of the revised sign code and the amendments to the business zone regulations with a few final edits. TB Public Hearing on proposed zoning amendments: See separate memo on the same. Cozens Pointe: The final paving improvements at Cozens Pointe have been completed. We are th requesting approval of a 4 Subdivision Improvement Agreement (SIA) and reduction in surety to cover the one-year warranty for the final paving improvements. The resolution and SIA are in the packet for your review and approval. 120 Zerex/Visitor’s Center: Working on new information maps that will be displayed at 120 Zerex/Visitor’s Center. The new maps are on display! Go check them out! Business Appreciation Mixer: th Save the date and spread the word! November 15, 2011 5-7 PM at the Creek. Let me know if you have any questions. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com PUBLIC WORKS BRIEFING (As of 11/10 for 11/16/2011 meeting) WATER~ drainage project along Leonard is completeall that remains to be done directly and indirectly for this project is the revegetation and the installation of the diversion control structure, respectively. As mentioned, next spring a stop-log control/diversion structure will be constructed at the south end of this swale where it intersects the existing ditch that carries water from the west along Mill Ave. Looking at a completing a couple of water fund projects prior to the end of 2011, the installation of SCADA controls for well No. 7, and the installation of a manual transfer switch of a generator at the Blue Zone WTP (Fraser System). SANITARY SEWER~ Preparing a work plan for our continued SS inspections, cleaning and CCTV for 2012. STREETS~ St. Louis Creek Breach UPDATE: A second application has been completed and sent to the hydrologist for their review and input from the landowner. Following any comments the application will then be submitted to the Corps. At this point in time, the project will be delayed until next fall when we can coordinate other river work on the Fraser with this project and contractor. As a result of the chip seal project we have outfitted our snow and ice trucks with rubber cutting edges to minimize scraping the chips off the street surface. This conversion appears to be working well. We will continue to monitor things throughout the winter. Wapiti Drive Drainage Swale Project: I have included a resolution for the final acceptance of the work on this project which will allow us to make final payment to the contractor and execute the Warranty Bonds for the one year warranty period. All work has been satisfactorily completed to the design specifications. Staff recommends approval of final acceptance and payment for this project. Standards Update~ We have taken into account some of the public comment that was received at the last public hearing and are incorporating some of those suggestions into the standards. It is our hope that we will receive other comments related to the standards prior to the continued PH so that we can make further changes if necessary. STREETSCAPES / GARDENING~ Questions or Concerns? Email me: anordin@town.fraser.co.us or 970-531-1844. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com Sec. 16- 10 -10. Purpose and authority. ARTICLE 10 Signs and Outdoor Advertising Devices Division 1 General Provisions (a) The regulations in this Article are intended to coordinate the use, placement, physical dimensions and design of all signs within the Town. The purpose of these regulations is to: (1) Define the types of signs that are permitted in various zoning districts, outline the allowable dimensions, denote prohibited signage and discuss the exemption of certain types of signs from this Code, all in the best interest of public health, safety and welfare. (2) Recognize that signs are a necessary means of visual communication for the convenience of the public and provide flexibility within the sign review and approval process to allow for unique circumstances. (3) Recognize the value of commercial signs as a necessary means of useful communication to maximize economic well -being for the business sector. (4) Recognize and ensure the right of those concerned to identify businesses, services and other activities by the use of signs, and limit signs to those which are accessory and incidental to the use on the premises where such signs are located. (5) Provide a reasonable balance between the right of an individual to identify his or her business and the right of the public to be protected against the visual discord resulting from the unrestricted proliferation of signs and similar devices. (6) Protect the public from damage or injury caused by signs that are poorly designed or maintained and from distractions or hazards to pedestrians or motorists caused by the indiscriminate placement or use of signs. (7) Ensure that signs are well- designed and contribute in a positive way to the Town's visual environment, express local character and help develop a distinctive image for the Town. (8) Encourage signs that are responsive to the aesthetics and character of their particular location, adjacent buildings and uses and the surrounding neighborhood. Ensure that signs are compatible and integrated with the building's architectural design and with other signs on the property. (9) Bring nonconforming signs into compliance with these regulations. (b) The regulations herein are authorized by Article 31, Title 23, C.R.S., and are hereby declared to in be accordance with all provisions of these statutes. (Prior code 13 -8 -1) Sec. 16- 10 -20. Definitions. The following words and phrases shall have the following meanings when used in this Chapter, unless the context otherwise requires: Awning sign means a wall sign which is painted, stitched, sewn or stained onto the exterior of an awning. An awning is a movable shelter supported entirely from the exterior wall of a building and composed of nonrigid materials except for the supporting framework. No awning shall block the view of other signs or extend over a public right -of -way without Town approval. Signs may be placed only on awnings that are located on first -story and second -story building frontages. No awning sign shall project beyond, above or below the face of an awning. There shall be a minimum clearance of at least eight (8) feet between the bottom of the awning and the ground at grade. No awning, with or without signage, shall extend above the roof line of any building. Awnings shall be regularly cleaned and kept free of visible defects. Banner means any temporary sign made of fabric or any nonrigid material with no enclosing framework. Big box developments means large scale, stand -alone retail establishments. Canopy sign means a wall sign that is permanently affixed to a roofed shelter attached to and supported by a building, by columns extending from the ground or a combination of a building and columns. No canopy sign shall project above the top of the canopy upon which it is mounted. There shall be a minimum clearance of at least eight (8) feet between the bottom of the canopy and the ground at grade. Canopies shall be regularly cleaned and kept free of visible defects. Electronic message center sign means a variable- message sign that utilizes computer generated messages or some other electronic means of changing copy. Freestanding sign means any sign which is supported by one (1) or more columns, posts or braces extended from the ground. No freestanding sign shall extend over or into a public right -of- way. There shall be no more than one (1) freestanding sign for each lot. Mixed use development means any project which contains more than one (1) of the following types of uses; commercial, residential, industrial or institutional. Monument sign means a permanent sign where the entire bottom of the sign is affixed to the ground. The location of the sign shall not obstruct traffic safety sight distance areas. Project monument signs shall contain only the name and address of the project which it identifies. Projecting sign means any sign which is attached to a building, projecting at a ninety- degree angle from the outside wall or walls of any building, which is supported by only one (1) rigid support. A projecting sign shall be placed only on a ground floor facade, except for businesses located above the ground level with direct exterior pedestrian access. A projecting sign shall be mounted so it generally aligns with others in the block. A projecting sign shall not be higher than the wall from which the sign projects if attached to a single -story building, or the height of the bottom of any second story window if attached to a multi -story building. A projecting sign must have eight (8) feet clearance and may not extend more than six (6) feet from the building wall, except where the sign is an integral part of an approved canopy or awning. Rooftop sign means any sign painted, placed or affixed to any portion of a roof or which projects above the fascia or parapet wall. Sandwich board may have two (2) faces attached at the top and open at the bottom so that the structure forms a wedge and is self supporting. Sandwich boards are considered a form of temporary signage. Sign means any device, fixture, placard or structure that uses any form, graphic, illumination, symbol or writing to advertise, announce the purpose of, identify the purpose of a person or entity or communicate information of any kind to the public. Sign area. A sign shall be measured by the sum total of all sign faces, including logos, marks, icons, emblems and /or other types of symbols used to identify an individual business. If a sign is attached to a wall without a backing surface, the total sign area shall be the sum of the area created from the outside edge of the first letter to the outside edge of the last letter as measured in a straight line and the area from the top of the highest letter to the bottom of the lowest letter as measured in a straight line. Supporting and /or ornamental framework or bracing that is clearly incidental to the sign itself shall not be computed as sign area. A back -to -back or double -faced sign shall be regarded as a single sign only if mounted on a single supporting structure and both sides of the sign are identical. Sign copy means any words, symbols, logos, figures, numbers or symbolic representations incorporated into a sign with the purpose of attracting attention to the subject matter. Temporary sign means a sign that is used in connection with a circumstance, situation or event that is expected to take place or be completed within a reasonably short or definite period after the erection of the sign; or is intended to remain on the location where it is erected for a period of not more than thirty (30) days. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary. Wall sign means any sign painted on, incorporated in or affixed to the building wall, or any sign consisting of cut -out letters or devices (including logos, marks, icons, emblems and /or other types of symbols used to identify an individual business) affixed to the building wall with no background defined on the building wall. A wall sign shall not be higher than the eave line. No sign part, including cut -out letters, may project from the surface upon which it is attached more than required for construction purposes. (Prior code 13 -8 -7; Ord. 330 §1, 2007) Sec. 16- 10 -30. Sign permit required. To ensure compliance with the regulations of this Article, a sign permit shall be required in order to erect, move, alter, reconstruct or repair any permanent or temporary sign, except signs that are exempt from permits in compliance with Section 16 -10 -230 of this Article. Changing or replacing the copy on an existing lawful sign shall not require a permit, provided that the copy change does not change the nature of the sign or render the sign in violation of this Article. A separate sign permit shall be required for each sign. Each person applying for a sign permit shall obtain or present a current Fraser business license. (Prior code 13 -8 -2) Sec. 16- 10 -40. Application for sign permit. Applications for sign permits shall be made in writing on forms furnished by the Town staff. A complete application shall be submitted to the Town by the owner or his or her authorized agent and shall include, at a minimum, the following information: (1) The name and address of the owner or other person in control of the real property upon which the sign is to be erected, posted or displayed, and proof of ownership or interest in the property. (2) The name of the person erecting the sign. (3) The address and legal description of the property upon which the proposed sign is to be located. (4) The type of sign. (5) The proposed location of the sign on the property identified; and the location and total surface area of all other permitted signs existing on the property or buildings. (6) Detailed drawings, drawn to scale, containing complete plans and specifications which indicate the method of construction and anchoring to the building or ground, the total area of the proposed sign in square feet and the height of the proposed sign from the ground level. (7) A detailed site plan, drawn to scale, which shall indicate all existing and proposed signs for the site, including dimensions, colors, materials and /or illumination, if applicable, for each sign. (8) Building elevations with signs depicted. (9) Any other information deemed necessary by the Town. (10) Sign permit fee as established by the current fee schedule set forth in Appendix A to this Code. (Prior code 13 -8 -2; Ord. 330 §1, 2007) Sec. 16- 10 -50. Permit review and issuance. Within ten (10) business days of filing a completed application, the Town staff shall review the sign application in accordance with the established review criteria. The Town shall approve, approve with conditions or deny the sign permit. Upon the Town staffs approval of the sign permit, the sign permit shall be issued to the applicant. (Prior code 13 -8 -2) Sec. 16- 10 -60. Sign permit review criteria. The following review criteria will be used by the Town staff to evaluate all sign permit applications: (1) That the sign meets the requirements of this Article and other applicable codes; (2) That the sign conforms to the size, height and location requirements of this Chapter for the zoning district in which it is located; and (3) That the sign will not interfere with pedestrian or vehicular safety. (Prior code 13 -8 -2) Sec. 16- 10 -70. Appeal of sign permit denial or approval with conditions. Any appeal of the Town staffs interpretation of this Article resulting in denial of a sign permit or approval with conditions shall be made to the Board of Trustees. The Board of Trustees shall review the application at the next regularly scheduled meeting. The decision by the Board of Trustees to either approve or deny the application shall be final. (Prior code 13 -8 -2) Sec. 16- 10 -80. Variances. Any request for an increase in the maximum allowable area for a sign or a variance from any of the requirements of this Article must be approved through a variance granted by the Board of Adjustment in accordance with the provisions of this Chapter. (Prior code 13 -8 -2) Division 2 Sign Regulations Sec. 16 -10 -210. Discontinued establishments and removal of signs. Whenever a business, service or other use is discontinued, the signs pertaining to the use shall be removed or obscured by the person or entity owning or having possession over the property within thirty (30) days after the discontinuance of such use. This provision shall not apply to signs officially designated as landmarks, or to permanent signs accessory to businesses which are open only on a seasonal basis, provided that there is clear intent to continue operation of the business. (Prior code 13 -8 -3) Sec. 16 -10 -220. Illegal signs. (a) Penalties. Anyone who violates any of the sign regulations provided in this Article shall be subject to the same penalties as provided in this Chapter for zoning violations generally. (b) Removal of illegal signs in the public right -of -way. The Town may cause the removal of any sign within the public right -of -way or on property that is otherwise abandoned that has been placed there without first complying with the requirements of this Article. (c) Storage of removed signs. Signs removed in compliance with this Division shall be stored by the Town for thirty (30) days, during which time they may be recovered by the permit holder and /or owner only upon payment to the Town for costs of removal and storage. If not recovered within the thirty -day period, the sign and supporting structure shall be declared abandoned and title shall vest with the Town. The costs of removal and storage, up to thirty (30) days, may be billed to the owner. (Prior code 13 -8 -3) Sec. 16 -10 -230. Exempt signs. The following signs are exempt from the permit requirements of this Article and may be placed in any zoning district subject to the provisions of this Article. All such signs (except government signs) shall be located outside a public right -of -way, unless otherwise granted permission for such location by the Town or the Colorado Department of Transportation (CDOT). Signs shall not interfere with traffic signs or the sight distance triangle at intersections. The following exempt signs shall be unlit unless specified below. (1) Banners. Banners applied to paper, plastic or fabric used to decorate or attract attention to a business establishment, provided that: a. Banners are displayed in conjunction with a grand opening celebration or a special event or sale. As a general rule, banners cannot be displayed for more than thirty (30) consecutive days. b. Businesses may display a maximum of two (2) banners with a combined total area of not more than fifty (50) square feet. If a business is situated on a corner lot with two (2) street frontages, the owner may be permitted to display up to fifty (50) square feet per street frontage. c. Banners shall be securely attached to the wall of the establishment, freestanding signs or light poles on private property. Banners must be removed immediately if damaged or in disrepair. d. A business can display a banner as its main identification for up to a three -month period of time while permanent signage is being made. Banners shall not be used in lieu of permanent signage. (2) Bulletin board /notice boards /menu boards /display case. On -site bulletin boards, notice boards, menu boards or display boards not exceeding six (6) square feet in gross surface area. Such signs, or portions thereof, may be portable and may have characters, letters or illustrations that can be manually changed or rearranged for the purpose of advertising restaurant menus or special sales (i.e., dry -erase boards). Such portable signs may only be displayed during business hours. (3) Construction. On -site construction signs, provided that: a. Signs in conjunction with any residential use shall not exceed six (6) square feet each. b. Signs in conjunction with all other uses shall not exceed twenty (20) square feet each. c. Only one (1) such sign permitted per lot. d. Such signs shall identify an architect, contractor, subcontractor, material supplier and /or financial lender only. e. Such signs shall be removed within thirty (30) days after completion of the project. (4) Directional. If the Board of Trustees elects to erect standardized business directory signs, such signs shall be exempt from all provisions and regulations of this Article, except that these signs shall comply with Section 16 -10 -250 of this Article. (5) Flags. a. Flags, crests or banners of nations, organizations of nations, states and cities, or professional fraternal, religious or civic organizations, except when displayed in connection with commercial promotion or as an advertising device. All flags shall be displayed in a proper manner. b. Decorative flags, banners or pennants or a combination of the same, constituting an architectural feature which is integral to the design of a project, shall be reviewed by the Town staff on a case -by -case basis. Any appeal of the Town staffs decision resulting in denial or approval with conditions shall be made to the Board of Trustees. The Board of Trustees shall review the application at the next regularly scheduled meeting. The decision by the Board of Trustees to either approve or deny the application shall be final. (6) Garage, estate or yard sale. Signs which advertise a garage, estate or yard sale on the lot on which the sign is located; such signs may be erected no sooner than two (2) days prior to the date of the sale and must be removed within (1) one day after the date of sale. (7) Hazards. Any lit or unlit sign erected by the Town, public utility companies, oil and gas companies or construction companies to warn of danger or hazardous conditions, including signs indicating the presence of underground cables, gas lines and similar devices. (8) Highway banners. If the Board of Trustees elects to erect temporary highway banners, such signs shall be exempt from all provisions and regulations of this Article. (9) Historical markers. Such signs shall not exceed eight (8) square feet in size and be permanently affixed to buildings or structures for the purpose of identifying the name of a building, date of erection or other historical information. (10) Informational signs. Signs (i.e., arrows for drive in/fast -food restaurant) shall not exceed two (2) square feet in size. (11) Merchandise and window signs. Merchandise, pictures or models of products or services which are incorporated as an integral part of a window display or signs located or painted on the interior side of the window, such as "open" and "closed" signs, or signage indicating the acceptance of credit cards. Electronic message center signs may be permitted on the interior side of the window only. Merchandise /window signs shall cover not more than fifty percent (50 of the display windows on any business or building and must comply with Section 16 -10 -250 of this Article. (12) Murals /art. Murals and works of fine art which in no way identify a product or business and which are not displayed in conjunction with a commercial enterprise, which enterprise may benefit or realize direct commercial gain from such a display. These signs shall not contain letters, trademarks or moving parts. Murals /art shall comply with Section 16 -10 -250 and must be reviewed and approved by the Town staff on a case -by -case basis. Any appeal of the Town staffs decision resulting in denial or approval with conditions shall be made to the Board of Trustees. The Board of Trustees shall review the application at the next regularly scheduled meeting. The decision by the Board of Trustees to either approve or deny the application shall be final. (13) Political signs. Signs, posters and banners indicating support for or opposition to a political candidate or question. Such signs, posters or banners shall not be erected or placed prior to sixty (60) days before an election, and shall be removed within seven (7) days following the election. No such signs, posters or banners shall be placed upon or shall extend into any public property or right -of -way. (14) Public information signs. Signs which identify restrooms or public telephones or provide instructions as required by law or necessity, provided that the sign does not exceed four (4) square feet in area. These signs shall comply with Section 16 -10 -250. (15) Regulatory signs. Regulatory signs erected on private property, such as no trespassing" signs, which do not exceed two (2) square feet per face. (16) Residential building identification signs. Such signs shall not exceed four (4) square feet in size, shall be used to identify individual residences and shall be limited in content to the name of the resident and the address of the premises. (17) Religious symbols. Religious symbols located on a building or lot used for organized religious services. These symbols shall comply with Section 16 -10 -250. (18) Sale, lease, rent. Signs used to offer for sale, lease or rent the land or buildings upon which the sign is located, provided that: a. One (1) sign per lot advertising real estate "For Sale," "For Rent" or "For Lease not to exceed six (6) square feet in area. b. All such temporary signs shall be removed within seven (7) days after the real estate closing or lease transaction. (19) Sandwich boards. Sandwich boards used to attract attention to a business establishment, provided that: a. Businesses may display a maximum of one (1) sandwich board, and the total square footage cannot exceed sixteen (16) square feet in area per side. b. Sandwich boards shall be placed in a location which will not cause unreasonable annoyance or inconvenience to adjoining property owners and /or the public. During winter months, the location of each sandwich board must not interfere with snow removal. c. Sandwich boards may be displayed only during business hours. d. Sandwich boards must be removed immediately if damaged or in disrepair. (20) Scoreboards. Scoreboards for athletic fields, provided that such scoreboards shall comply with Section 16 -10 -250. (21) Seasonal decorations. Noncommercial decorations or displays (including strings of lights), when such are clearly incidental to and are customarily and commonly associated with any national, state, local or religious holiday or celebration; provided that such decorations or displays are maintained and do not constitute a fire hazard. (22) Traffic control. Signs for the control of traffic or other regulatory purposes, including signs for the control of parking on private property, and official messages erected by, or on the authority of, a public officer in the performance of his or her duty. (23) Vacancy and no vacancy. Establishments for overnight lodging shall be permitted to use "vacancy" and "no vacancy" signs, provided that such signs shall not exceed six (6) square feet and such signs shall comply with Section 16 -10 -250. (24) Vehicular signs. Unlit signs displayed on motor vehicles which are being operated or stored in the normal course of a business, such as signs indicating the name of the owner or business which are located on moving vans, delivery trucks, rental trucks and trailers and the like, shall be exempt from the provisions of this Article, provided that the primary purpose of such vehicles is not for the display of signs, and provided that they are parked or stored in areas appropriate to their use as vehicles. (Prior code 13 -8 -2) Sec. 16 -10 -240. Prohibited signs. The following signs are inconsistent with the purposes and standards in this Article and are prohibited in all zoning districts within the Town: (1) Signs which produce audible noise or sounds. (2) Signs which emit visible smoke, vapor, particles or odors. (3) Flashing, rotating, blinking or moving signs, animated signs, signs with moving, rotating or flashing lights, noisemaking signs, signs with mechanical or electrical appurtenances, such as "revolving beacons," or signs that create the illusion of movement and are designed to compel attention except for time and temperature devices and electronic message center signs. (4) Any sign that is erected in such a location as to cause visual obstruction or interference with motor vehicle traffic, or traffic- control devices, including any sign that obstructs clear vision in any direction from any street intersection or driveway. (5) Any sign painted, erected, constructed and maintained wholly upon, above or over the roof of any building. (6) Any sign, other than traffic control signs, erected, constructed or maintained within, over or upon the right -of -way of any road or highway, except in the case of a sign for which a permit has been issued in accordance with the requirements of this Article. (7) Off premises advertising signs or any other sign not pertinent and clearly incidental to the permitted use on the property where located, except for signs permitted in Section 16 -10 -330 of this Article. An off premises sign in existence at the time of the adoption of the initial ordinance codified herein may be used in conjunction with the same business or activity with which it was associated and which was in existence on the date of adoption of said ordinance. Any off premises sign which has been damaged or has not been maintained shall be removed. (8) Any sign which interferes with free passage from or obstructs any fire escape, downspout, window, door, stairway, ladder or opening intended as a means of ingress or egress. (9) Vehicle- mounted signs, including but not limited to signs painted on or attached to semi- trailers or cargo containers when exhibited on private property adjacent to public right -of -way for the purpose of advertising the business or services offered on the property. (10) Inflatable freestanding signs, tethered balloons and searchlights, except as allowed in Division 3 below. (11) Any sign, including its supporting structure, in existence thirty (30) days or more after the premises have been vacated or advertises an activity, business, product or service no longer produced or conducted upon the premises upon which such sign is located. If the sign or sign structure is covered or the identifying symbols or letters removed, an extension of time may be granted by the Town staff upon good cause for such extension being shown. (This provision shall not apply to permanent signs accessory to businesses which are open only on a seasonal basis, provided that there is clear intent to continue operation of the business). (12) Any sign or sign structure which is structurally unsafe, constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation or obsolescence and /or is not kept in good repair. (Prior code 13 -8 -4) Sec. 16 -10 -250. Lighting requirements. (a) Direction of lighting. Sign lighting fixtures shall be shielded, shaded or hooded to direct the light inward and downward onto the sign and away from adjoining properties and adjacent public rights -of -way. (b) Subdued lighting. The intensity of sign lighting shall not exceed that necessary to illuminate and make legible a sign from the adjacent right -of -way, and the illumination of a sign shall not be noticeably brighter than other lighting in the vicinity or objectionable to surrounding areas. (c) Electrical supply to freestanding illuminated signs must be underground. (d) An electrical permit may be required per the electrical code for illuminated signs. (Prior code 13 -8 -5) Sec. 16 -10 -260. Maintenance. (a) Every sign and sign structure, including those signs and sign structures for which no permit or permit fees are required, shall be maintained in good repair at all times and shall not constitute a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation or obsolescence. The display surfaces of all signs shall be kept neatly painted at all times. (b) The owner of any sign regulated by this Article shall be required to keep signs and supporting hardware structurally safe, clean, free of visible defects, including graffiti, and functioning properly at all times. Repairs to signs shall be equal to or better in quality of materials and design than the original sign. (c) The Town may inspect any sign governed by this Article and shall have the authority to order the painting, repair, alteration or removal of a sign which constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation or obsolescence. All associated costs shall be the responsibility of the property owner or permit holder. (d) Required landscaping must be properly maintained as to not allow the foliage to die or allow the proliferation of weeds or disrepair of any part integral to the landscaping. (Prior code 13 -8 -6) Sec. 16 -10 -310. Residential signs. Division 3 Sign Standards Unless specified in another section of this Article, signs in the R -1, R -2, R -3, R -4, M -1, M -2 and ZLL Districts shall be permitted as follows: (1) Residential developments shall be permitted one (1) identification sign per primary street access. Such identification sign shall be limited to twelve (12) square feet. (2) Freestanding, monument, projecting and wall signs are allowed. The maximum height shall be determined on a case -by -case basis during review by the Town staff, not to exceed twelve (12) feet. Height, color and lighting shall be consistent with the character of the neighborhood and not conflict with any other part of these regulations. (Prior code 13 -8 -8) Sec. 16 -10 -320. Nonresidential/business signs. Signs identifying other activities which are authorized in the R -1, R -2, R -3, R -4, M -1, M -2 and ZLL Districts shall be limited to six (6) square feet. (Prior code 13 -8 -8) Sec. 16 -10 -330. Business, commercial and accommodation signs. (a) Sign types. All types of signs shall be permitted in these districts. Each business (which is enclosed by permanent walls and has its own entrance) shall be allowed a total sign area of fifty (50) square feet for all signs. (b) Big box (stand alone) developments. In addition to the square footage outlined above, fifty (50) square feet, big box developments be permitted additional square footage of signage calculated by the linear feet of store front x 66% x 50 (c) Mixed use developments. In addition to the square footage outlined above, fifty (50) square feet, mixed use developments shall be permitted one (1) combination identification sign per primary street access. Such sign may include and shall be limited to one (1) freestanding sign per primary street access not to exceed thirty -two (32) square feet in size (for all tenants within the complex) and twenty (20) feet in height from the ground, or one (1) monument sign per primary street access not to exceed thirty -two (32) square feet in size (for all tenants within the complex) and twelve (12) feet in height from the ground. (d) Off premises signs may be permitted if the business street frontage is not on U.S. 40. Property owner permission is required and off premises signs must be approved by the Board of Trustees on a case -by -case basis. (Prior code 13 -8 -8) Sec. 16 -10 -340. Temporary signage. (a) Site advertising signs shall require a permit and must meet the following criteria: (1) One (1) on -site, unlit informational sign is allowed per lot in the business zone, and such sign shall not exceed twenty (20) square feet. One (1) on -site, unlit informational sign, not to exceed twelve (12) square feet, is allowed per subdivision. (2) Such sign shall identify the name and map of the subdivision, developer and real estate agency name, logo and phone number, and /or other pertinent information such as lease, tenant finish, etc. (3) No additional for sale, lease or rent signs are allowed on the premises as long as the site sign remains. (4) Such sign shall be removed within thirty (30) days after completion of the project. (b) Special event signs shall require a permit and must meet the following criteria: (1) Inflatable freestanding signs, tethered balloons and search lights shall be erected no sooner than two (2) days prior to and removed no later than one (1) day after the event. (2) All other special event signs shall be erected no sooner than seven (7) days prior and removed no later than one (1) days after the event. (3) No such sign shall exceed thirty -two (32) square feet. (4) All such signs shall be located off the public right -of -way, unless otherwise granted permission for such location by the Town or the Colorado Department of Transportation (CDOT). In no case may any such sign impede the view or travel of any motorists or pedestrians or be attached to any structure within the right -of -way (government signs, telephone poles, etc.). (Prior code 13 -8 -8) Sec. 16 -10 -350. Signs in Planned Development District. (a) Signs in a PD District shall be in accordance with the provisions in this Article governing the type of land use most similar to that within the PD District, unless otherwise provided for by the conditions and parameters of the PD District. Each PD District larger than one hundred (100) acres is encouraged to submit a Master Sign Plan (MSP) for the overall development. (b) The purpose of a MSP is to establish design compatibility for a coordinated program of common signage, to provide for flexible signage opportunities that are greater than the signage otherwise allowed under this Article and to communicate to the public the planned land uses and their locations within the PD District. An application for approval of a MSP shall include, at a minimum, the following: (1) A complete set of design standards that establishes a unified theme for all signs, including architecture, materials, colors, letter and logo sizes, letter styles, lighting, mapping and other graphics; (2) Identification of locations and sign sizes that relate to major decision points and destinations; (3) A statement of the intended use of the sign (i.e., permanent or temporary); (4) A maintenance plan; and (5) Any other information deemed necessary by the Town. (c) The types of signs approved as part of a MSP may include the following: (1) Signs used to identify an approved future development or a project that is under construction; (2) Identification signs stating the name of the project, developer and contact information; (3) Project information center directional signs; (4) Signs identifying approved PD District land uses; and (5) Any other sign, map or graphic designed to communicate to the public the general layout of the development project. (d) The Planning Commission shall review the MSP and make a recommendation to the Board of Trustees. The MSP shall then be reviewed at a public hearing by the Board of Trustees. The form of application shall be at the discretion of the applicant but shall include, at a minimum, the information set forth in Subsection (b) above. (e) The fee for the review of the MSP shall be as established by the current fee schedule set forth in Appendix A to this Code. Upon approval of the MSP, additional signs substantially conforming to the MSP shall require an additional sign permit and applicable fee. (f) Upon approval of an MSP, all signage within the limits of the PD District shall comply with the established design standards. (Prior code 13 -8 -8; Ord. 330 §1, 2007) 16 -100 Sec. 16 -10 -360. Miscellaneous. Any sign type not specified herein shall be reviewed by Town staff on a case -by -case basis. Any appeal of the Town staffs decision resulting in denial of a sign permit or approval with conditions shall be made to the Board of Trustees. The Board of Trustees shall review the application at its next regularly scheduled meeting. The decision by the Board of Trustees to either approve or deny the application shall be final. (Prior code 13 -8 -8) Sec. 16 -10 -370. Nonconforming signs. Any sign located within the boundaries of the Town on the date of adoption of the initial ordinance codified herein, or located in an area annexed to the Town thereafter, which does not conform with the provisions of this Article but which was in compliance with applicable law on the date of adoption of the initial ordinance codified herein or the date of annexation, whichever is applicable, shall qualify as a legal nonconforming sign. Legal nonconforming signs may be continued to be maintained, provided that such signs are kept in good repair and so long as such signs are not relocated, replaced or structurally altered. Changing light bulbs or ballasts, replacing/repainting sign faces or repainting the sign frame that represents no change in the use of the facility or overall size of the sign shall not be considered replaced or structurally altered, but shall be considered maintenance as required to be performed by Section 16 -10 -260 of this Article. (Prior code 13 -8 -9) Sec. 16 -10 -380. Other restrictions. Property owners may be restricted by covenants, deed restrictions, lease agreements or other means on the size, number, erection and location of signs on their property. Such restrictions shall be deemed valid as long as they do not conflict with the provisions set forth in this Article. (Prior code 13 -8 -10) ARTICLE 11 Designated Open Space Sec. 16- 11 -10. Definition and character of designated open space. (a) Definition. As used in this Article, designated open space shall mean any interest in real property owned by the Town which, whether acquired by purchase, donation, condemnation or any other means, has been dedicated by ordinance as designated open space. (b) Characteristics of designated open space. To qualify for dedication as designated open space, the designated parcel must be owned by the Town and be either: (1) Environmentally sensitive lands, including but not limited to wetlands, riparian areas or critical habitat identified by the U.S. Corps of Engineers, the Division of Wildlife or the Natural Heritage Program; (2) High natural hazard areas, including but not limited to the 100 -year floodplain, red avalanche hazard area, high rock fall hazard area and high debris flow hazard area; or 16 -101