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HomeMy Public PortalAboutTBP 2012-02-01  BOARD OF TRUSTEES REGULAR MEETING AGENDA WEDNESDAY, February 1, 2012 FRASER TOWN HALL 7:00 p.m. Members of the Board may have dinner together @ 5:30 p.m. - Fraser Town Hall 1. Workshop: 6:00 Cleanup Program Status and Discussion 2. Roll Call 7:00 3. Approval of Agenda 4. Consent Agenda a) Minutes January 18, 2012 b) Resolution 2012-02-01 Approving SIPA Agreement with The State of Colorado to facilitate Credit Card Payments 5. Open Forum a) Business not on the agenda 6. Updates 7. Public Hearing a) Design and Construction Standards Amendments b) Subdivision Regulation Amendments c) Zoning (Business District and Sign Code) Amendments 8. Discussion and Possible Action Regarding a) Ordinance 389 Adopting Design Criteria and Construction Standards and Amending General Application Policies b) Ordinance 391 Approving and Adopting Amended Subdivision Regulations c) Ordinance 392 Amending the Zoning Regulations relating to the Business District and Signs and Outdoor Advertising Devices d) Ordinance 393 Adopting Various Fees, Rates and Schedules 9. Community Reports 10. Staff Reports 11. Other Business Upcoming Meetings: Wed. February 15, 2012 Board of Trustees Wed. February 22, 2012 Planning Commission Posted January 30, 2012  Lu Berger  ñÈûØËÖØËéÎÆÏúÑØËÒ Town Board Briefing February 1, 2012 We will begin our evening with a workshop discussion regarding the status of the Cleanup Program. Our Building Official will be present to further our discussion regarding inspections. The rest of the evening will be devoted to subdivision and zoning matters as outlined in the enclosed materials. 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, January 18, 2012 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, Philip Naill and Eric Hoyhtya Staff: Town Manager Jeff Durbin; Town Clerk, Lu Berger; 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 7:00 p.m. 1.Workshop: 2. Regular Meeting: Roll Call 3. Approval of Agenda: motion Trustee Sumrall moved, and Trustee Hoyhtya seconded the to approve the Motion carried: 6-0. Agenda. 4. Consent Agenda: a) Minutes – January 4, 2012 motion Trustee Hoyhtya moved, and Trustee seconded the to approve the consent Motion carried: 6-0. agenda. 5. Open Forum: 6. Updates: a) Grand Resource and Recycle – Nancy Franz & Mike Meindl addressed the Board. The coalition received a grant from the Grand Foundation, this allows for approximately 6 months (once a month) of recycling bins in the Fraser Valley. They are looking for a site in the Fraser Valley to place the bins. They are also looking for an entity that would take on the administration of the project and the grant funds. b) Marvelous educational experience on community involvement and commitment to civic process by the art teacher at Fraser Valley Elementary. Project was given to the Town of Fraser. c) Lots of positive comments on the decorations in the Town, kudos to the staff. 7. Public Hearings: a) Design and Construction Standards Amendments Trustee Hoyhtya moved and Trustee Shapiro seconded the motion to open the Public Motion carried: 6-0. Hearing on Design and Construction Standards Amendments. TP Trotter outlined the amendments to the Board. A list of the amendments were included in the packet. A discussion on the proposed changes was held amongst the Board. Clark Lipscomb recommended having local contractors meet with staff to discuss the standards. Trustee Naill moved and Trustee Hoyhtya seconded the motion to continue the Public Motion carried: 6-0. Hearing on Design and Construction Standards Amendments. b) Subdivision Regulation Amendments Trustee Hoyhtya moved and Trustee Shapiro seconded the motion to open the Public Motion carried: 6-0. Hearing on the Subdivision Regulation Amendments. On November 2, 2011, the Planning Commission and Town Board held a joint public hearing on proposed amendments to the subdivision regulations. The proposed Subdivision Regulations Amendments were included in the Board packet. Clark Lipscomb made recommendations regarding surety. The Board discussed the recommendations. Trustee Smith moved and Trustee Shapiro seconded the motion to continue the Public Motion carried: 6-0. Hearing on the Subdivision Regulation Amendments. c) Zoning (Business District and Sign) Regulation Amendments Trustee Shapiro moved and Trustee Naill seconded the motion to open the Public Motion Hearing on the Zoning (Business District and Sign) Regulation Amendments. carried: 6-0. 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 Town Board held a public hearing on the proposed amendments to the Fraser Zoning Code on November 18, 2011 and continued the public hearing until January 18, 2012. Various members of the public voiced their concerns regarding structure height and electronic signs. Trustee Hoyhtya moved and Trustee Smith seconded the motion to continue the Public Motion Hearing on the Zoning (Business District and Sign) Regulation Amendments. carried: 6-0. : 8. Discussion and Possible Action Regarding a) Resolution 2012-01-03 Approving an Intergovernmental Agreement with Grand County Water and Sanitation District #1 the Execution of which will be authorized at a later date TM Durbin outlined the IGA for the Board. Grand County Water and Sanitation District th #1 discussed this at their January 11 meeting and approval of the deletion of one paragraph. Trustee Hoyhtya voiced his concerns regarding the clause being removed from the agreement. Clark Lipscomb expressed his concerns about the interconnect. motion Trustee Hoyhtya moved, and Trustee Sumrall seconded the to approve Resolution 2012-01-03 Approving an Intergovernmental Agreement with Grand County Water and Sanitation District #1 the Execution of which will be authorized at a later date. Motion failed: 3-3. b) Cleanup Program Status and Discussion this will be brought back at a later meeting. c) Resolution 2012-01-02 Authorizing the Conduct of a Mail Ballot Election for the 2012 Town of Fraser Municipal Election motion Trustee Hoyhtya moved, and Trustee Shapiro seconded the to approve Resolution 2012-01-02 Authorizing the Conduct of a Mail Ballot Election for the 2012 Motion carried: 6-0. Town of Fraser Municipal Election 9. Community Reports: O2 Creative did Snow dance in Fraser and it seems to have worked. 10. Other Business: motionMotion Trustee Shapiro moved, and Trustee Naill seconded the to adjourn. carried: 6-0. Meeting adjourned at 10:15 p.m. Lu Berger, Town Clerk TOWN OF FRASER RESOLUTION NO. 2012 -02 -01 A RESOLUTION ENTERING INTO A CONTRACT WITH THE STATEWIDE INTERNET PORTAL AUTHORITY OF THE STATE OF COLORADO "SIPA FOR THE ADMINISTRATION OF ELECTRONIC PAYMENT PROCESSING (through COLORADO PAYPORT) AND PCI COMPLIANCE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. That the Town Manager is hereby authorized to execute a contract for administration of electronic payment processing (through Colorado PayPort) and PCI Compliance with The Statewide Internet Portal Authority of the State of Colorado (SIPA). DULY MOVED, SECONDED, AND ADOPTED THIS 1 DAY OF FEBRUARY, 2012. ATTEST: Lu Berger, Town Clerk TOWN OF FRASER Fran Cook, Mayor Statewide Internet Portal Authority ELIGIBLE GOVERNMENTAL ENTITY AGREEMENT BETWEEN THE STATEWIDE INTERNET PORTAL AUTHORITY OF THE STATE OF COLORADO AND THE TOWN OF FRASER, COLORADO REGARDING THE TRANSMISSION OF ELECTRONIC INFORMATION This Eligible Governmental Entity Agreement (this "EGE by and between The Statewide Internet Portal Authority of the State of Colorado "SIPA and the Town of Fraser, Colorado (the "Town is made and entered into on this 1st day of February 2012. Capitalized terms used but not defined in this EGE shall have the meanings ascribed to them in the Master Agreement (as defined below). RECITALS WHEREAS, SIPA and the Town wish to enter into a cooperative agreement as to the transmission of electronic information; and WHEREAS, pursuant to 24- 37.7 -105 C.R.S., SIPA operates to provide electronic access for members of the public to electronic information; and WHEREAS, pursuant to 24- 37.7 -104 C.R.S., SIPA operates as a political subdivision of the State of Colorado; and WHEREAS, 29 -1 -203, C.R.S., authorizes local governments to cooperate or contract with each other to provide any function or service lawfully authorized to each other; and WHEREAS, 24- 37.7 -104 (1)(q) authorizes SIPA and the Town, to make and execute agreements, contracts, or instruments necessary or convenient to the exercise of the powers and function of SIPA with the Town, as an Eligible Governmental Entity, as set forth in 24 -37.7- 101 through 113; WHEREAS, all Eligible Governmental Entities under 24- 37.7- 104(1)(q) who enter into an Eligible Governmental Entity Agreement are intended beneficiaries under the Master Agreement dated May 2, 2005 between NIC, Inc., and SIPA, as amended by a First Amendment to the Master Agreement dated January 31, 2006 (both attached as Exhibit A and incorporated herein by reference) (the "Master Agreement WHEREAS, NIC, Inc., does business in Colorado through its wholly owned subsidiary, Colorado Interactive LLC (hereinafter "Portal Contractor WHEREAS, SIPA by this EGE will provide applications and services to the Town pursuant to Task Orders and work orders; and WHEREAS, a work order will be prepared for each application involving Portal Services. 633 17 Street, Ste 1610 is Denver, CO 80202 is Ph: 303 866 -4211 is Fx: 303 866 -3995 sipa @www.colorado.gov Page I of 7 Statewide Internet Portal Authority NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, SIPA and the Town agree as follows: 1. The Town shall make available to SIPA electronic information maintained in the general conduct of the Town's business. As mutually agreed upon in subsequent work orders, Task Orders, or corresponding statements of work, the Town will provide reasonable levels of support in placing online with SIPA certain Town -owned electronic information, as mutually agreed by the Town and SIPA, with due regard to the workload and priorities of the Town, SIPA and its Portal Contractor. 2. SIPA shall make such information available to the general public through the officially recognized statewide interne portal created pursuant to §24- 37.7 -105, C.R.S. and as set forth in the Master Agreement. 3. SIPA shall charge Transaction Fees and Statutory Fees in its normal course of business. SIPA shall make timely distribution of Statutory Fees received (and, if called for in a given situation, the Town's portion of any Transaction Fee received), to the Town Treasurer in a manner mutually agreed by the parties. 4. SIPA and the Town may enter into work orders and Task Orders under this EGE. Work orders shall describe specific Portal Services to be provided to the Town, and the Town acknowledges that such Portal Services shall be provided to the Town pursuant to the terms of Article 1.B. of the Master Agreement. Task Orders shall cover the purchase of goods and services from SIPA through the use of Town funds. All work orders and Task Orders may be approved by one or more of the following: (1) the Town official, or his or her designee, who is responsible for the Town department that controls access to certain Town electronic information; (2) any department that must provide resources under the work order or Task Order, such as the information technology department of the Town; (3) those persons or entities who regularly approve Town contracts, such as the Town finance department and Town legal department. Task Orders shall contain specific time or performance milestones for the Portal Contractor, timelines for completion of relevant Task Orders, statements of work, design specifications and other criteria relevant to the completion of an applicable Task Order, criteria and procedures for acceptance by the Town and remedying incomplete or inaccurate work for each phase of a relevant Task Order. Notwithstanding Article 30(b) of the Master Agreement, as amended, the Town shall be a principal beneficiary of, and entitled to enforce all covenants, representations and warranties set forth in, a Task Order when the Town purchases goods and services from SIPA through the use of Town funds. 5. SIPA shall be responsible for the operation of, and all costs and expenses associated with, establishing and maintaining electronic access to Town databas es or other software applications, including but without limitation, the cost of purchasing, developing and maintaining programs used to interface with Town software applications that provide access to 633 17 Street, Ste 1610 Denver, CO 80202 Ph: 303 866 -4211 Fx: 303 866 -3995 sipagwww.colorado.gov Page 2 of 7 a Statewide'uternrt Portal Authority Town -owned data. The Town's maximum financial obligation shall be limited to the amount set forth and appropriated pursuant to each individual work order or Task Order. 6. Subject to Section 13 below, each party shall have the right to terminate this EGE by giving the other party 60 days' written notice. Unless otherwise specified in such notice, this EGE will terminate at the end of such 60 -day period, and the liabilities of the parties hereunder for further performance of the terms of this EGE shall thereupon cease, but the parties shall not be released from any duty to perform up to the date of termination. 7. None of the terms or conditions of this EGE gives or allows any claim, benefit, or right of action by any third person not a party hereto. Nothing in this EGE shall be deemed as any waiver of immunity or liability limits granted to the Town or SIPA by the Colorado Governmental Immunity Act or any similar statutory provision. 8. This EGE constitutes the entire agreement of the parties hereto and supersedes all prior negotiations, representations or agreements, either written or oral. This EGE may be amended, modified, or changed, in whole or part, only by written agreement approved by each party. 9. Neither SIPA nor Portal Contractor have responsibility for the accuracy or completeness of the data contained within the Town databases. SIPA and Portal Contractor shall be responsible only for the accurate and complete transmission of data to and from such Town databases, in accordance with the specifications of any Town -owned software. 10. This EGE and any written amendments thereto may be executed in counterpart, each of which shall constitute an original and together, which shall constitute one and the same agreement. Delivery of an executed signature page of this EGE by facsimile or email transmission will constitute effective and binding execution and delivery of this EGE. 11. The books and records accounting for all Transaction Fees and Statutory Fees due the Town shall be made available to the Town for it to audit, inspect and copy during reasonable business hours, at its own expense, upon reasonable prior notice to SIPA. 12. Confidential information for the purpose of this EGE is information relating to SIPA's, the Town's or the Portal Contractor's research, development, trade secrets, business affairs, internal operations, management procedures, and information not disclosable to the public under the Colorado Open Records Act. Confidential information does not include information lawfully obtained through third parties, which is in the public domain, or which is developed independently without reference to a party's confidential information. Neither party shall use or disclose, directly or indirectly, without prior written authorization, any confidential information of the other or confidential information of the Portal Contractor. SIPA shall use its reasonable best efforts to ensure that the Portal Contractor protects Town confidential information from unauthorized disclosure. Notwithstanding anything to the contrary herein, each party acknowledges that given the subject matter of this EGE, such party shall not disclose 633 17` Street, Ste 1610 Denver, CO 80202 Ph: 303 866 -4211 Fx: 303 866 -3995 sipa @www.colorado.gov Page 3 of 7 Statewide Internet Porta!Authority confidential information of the other (whether in written or electronic form) to any third party, except as required by law or as necessary to carry out the specific purpose of this EGE; provided, however, that if such disclosure is necessary, any third party who receives such confidential infotiiiation shall also be bound by the nondisclosure provisions of this Section 12. Upon termination of this EGE, the parties shall return or destroy (at the other party's request) all confidential information of the other and if such information is destroyed, each party shall demonstrate evidence of such destruction to the other. 13. Upon termination of this EGE, all rights and obligations of the parties shall terminate except that the obligations set forth in Sections 3 (concerning payment of fees due the Town), 4 (last sentence), 5, 7, 8, 10, 11 (but survival of this provision is limited to 12 months after termination), 12, 14.A and 14.D., shall survive any such expiration or termination. In addition, if the Master Agreement is terminated, the provisions of Article 8 and Section 1 of the Special Provisions of the Master Agreement shall also survive for one year, except this one -year limitation shall not apply as to intentional fraud with respect to Town matters by Portal Contractor or any of its employees in the course of their employment. 14. Miscellaneous Provisions A. Independent Authority. SIPA SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT AUTHORITY AND NOT AS AN EMPLOYEE OF THE TOWN. NEITHER SIPA NOR ANY AGENT OR EMPLOYEE OF SIPA SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE TOWN. SIPA AND ITS AGENTS SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE TOWN PURSUANT TO THIS EGE. SIPA ACKNOWLEDGES THAT SIPA AND ITS EMPLOYEES OR AGENTS ARE NOT ENTITLED TO TOWN EMPLOYMENT OR UNEMPLOYMENT BENEFITS UNLESS SIPA OR A THIRD PARTY PROVIDES SUCH BENEFITS AND THAT THE TOWN DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH BENEFITS. SIPA SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE TOWN TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY AUTHORIZED BY THE TOWN. SIPA AND ITS AGENTS SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE TOWN) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF SIPA, ITS EMPLOYEES AND AGENTS. B. Non- discrimination. SIPA agrees to comply with the letter and the spirit of all applicable state and federal laws respecting illegal discrimination and unfair employment practices. 633 17 Street, Ste 1610 Denver, CO 80202 Ph: 303 866 -4211 Fx: 303 866 -3995 sipa @.www.colorado.gov Page 4 of 7 na Statewide !uteroet Portal Ausborit y C. Illegal Aliens. SIPA shall not, and by signing this EGE certifies that it does not, knowingly employ or contract with an illegal alien to perform work under this EGE. SIPA shall not enter into a subcontract with a subcontractor that fails to certify to SIPA that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this EGE. SIPA affirms that it has verified or attempted to verify through participation in the Basic Pilot Employment Verification Program administered by the United States Department of Homeland Security that SIPA does not employ illegal aliens. In the event SIPA is not accepted into the Basic Pilot Program prior to entering into this EGE, unless the Basic Pilot Program is discontinued by the federal government, SIPA shall apply to the participate in the Basic Pilot Program every three months until SIPA is accepted or this EGE has terminated, whichever is earlier. SIPA is prohibited from using the Basic Pilot Program procedures to undertake pre employment screening of job applicants while this EGE is in effect. In the event that SIPA obtains actual knowledge that a subcontractor performing work under this EGE knowingly employs or contracts with an illegal alien, SIPA shall be required to: (i) Notify the subcontractor and the Town within three days that SIPA has actual knowledge that the subcontractor is employing or contracting with an illegal alien; AND (ii) Terminate the subcontract with the subcontractor if, within three days of receiving such notice, the subcontractor does not stop employing or contracting with the illegal alien; except that SIPA shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. SIPA is required under this EGE to comply with any reasonable request by the Town made in the course of an investigation the Town is undertaking pursuant to its legal authority. Violation of this Section 14.C. of this EGE shall constitute a breach of this EGE and may result in termination by the Town. SIPA shall be liable to the Town for actual and consequential damages resulting from such breach pursuant to §8- 17.5-.101(3) C.R.S. The Town shall also report any such breach to the Office of the Secretary of State. SIPA acknowledges that the Town may investigate whether SIPA is complying with this Section 14.C. This may include on -site inspections and the review of documentation that proves the citizenship of any person performing work under this EGE and any other reasonable steps necessary to determine compliance with the provisions of this Section. D. Choice of Law. The laws of the State of Colorado (except Colorado laws related to choice of law or conflict of law) and rules and regulations issued pursuant 633 17 Street, Ste 1610 Denver, CO 80202 Ph: 303 866 -4211 Fx: 303 866 -3995 sipa @www.colorado.gov Page 5 of 7 Stat.widr harm. Portal Authority thereto shall be applied in the interpretation, execution, and enforcement of this EGE. Any provision, whether or not incorporated herein by reference, which provides for arbitration by any extra judicial body or person or which is otherwise in conflict with this EGE shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision, in whole or in part, shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this EGE to the extent that this EGE is capable of being performed. At all times during the performance of this EGE, SIPA shall strictly adhere to all applicable federal and state laws, rules, and regulations that have been or may hereafter be established. E. Software Piracy Prohibition. No State or other public funds payable under this EGE shall knowingly be used for the acquisition, operation, or maintenance of computer software in violation of United States copyright laws or applicable licensing restrictions. SIPA hereby certifies that, for the term of this EGE and any extensions, SIPA has in place appropriate systems and controls to prevent such improper use of public funds. If the Town determines that SIPA is in violation of this paragraph, the Town may exercise any remedy available at law or equity or under this EGE, including, without limitation, immediate termination of the EGE and any remedy consistent with United States copyright laws or applicable licensing restrictions. F. Notices. All notices required or permitted under this EGE shall be in writing and delivered personally, by facsimile, by email or by first class certified mail, return receipt. If delivered personally, notice shall be deemed given when actually received. If delivered by facsimile or email, notice shall be deemed given upon full transmission of such notice and confirmation of receipt during regular business hours. If delivered by mail, notice shall be deemed given at the date and time indicated on the return receipt. Notices shall be delivered to: If to SIPA: Statewide Internet Portal Authority Attn: John D. Conley, Executive Director 633 17 Street, Suite 1610 Denver, CO 80202 Phone: (303) 866 -4211 Fax: (303) 866 -3995 Email: sipa @www.colorado.gov If to the Town: 633 17 Street, Ste 1610 Denver, CO 80202 Ph: 303 866 -4211 Fx: 303 866 -3995 sipa @www.colorado.gov Page 6 of 7 Statewide Internet P l Authority Town of Fraser Name: Jeff Durbin Title: Town Manager Address: PO Box 370, Fraser, CO 80442 Phone: (970) 726 -5491 Fax: (970) 726 -5518 Email: jdurbin @town.fraser.co.us And to other address or addresses as the parties may designate in writing. G. Employee Financial Interest. The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest whatsoever in the service or property described herein. This EGE is entered into as of the day and year set forth above. John D. Conley, Executive Director Statewide Internet Portal Authority Name: Jeff Durbin Title: Town Manager Town of Fraser, Colorado Date: Date: 633 17 Street, Ste 1610 Denver, CO 80202 Ph: 303 866 -4211 Fx: 303 866 -3995 sipaawww.colorado.gov Page 7 of 7 FROM (TUE)SEP 5 2008 15:35/ST.15 :34/Ho.7380010287 P 1 Preamble A. Portal policy; State of Colorado Statewide Internet Portal Authority Master Contract with Integration Contractor To Design, Build, Operate, Maintain and Enhance A Statewide Internet Web Portal Version 3.0 May 2, 2005 This is a contract "the Contract between NIC (hereinafter referred to as the "Contractor a company organized and existing under the laws of Kansas, with its registered office at Olathe, Kansas and the Statewide Internet Portal Authority (hereinafter referred to as "SIPA established pursuant to C.R.S. Sections 24 -37.7- 101 -113, with its office at Denver, Colorado 80202. In this Contract unless the context requires otherwise or the Contract specifically states, SIPA shall act through its Executive Director. The Exeeuti ve Director and Board shall have the same definitions as provided in the Statute. As related to the Contract, the Board shall approve: FROM B. Online fees and fee changes; C. Bt3E Agreements; and D. Annual Business Plans. Definitions: (TUE)SEP 5 2008 15:35/ST.15:34/No.7380010287 P 2 "Authorized Contractor" means a contractor who is engaged by SIPA following termination of this contract to assist in State Portal maintenance, and who has signed a confidentiality agreement in form satisfactory to the Contractor, "Contractor Confidential Information" means the confidential, proprietary, or trade secret information of Contractor or its corporate parent, affiliates, and subsidiaries, which includes, without limitation, Contractor Records which are non-public, Source Code and Contractor Software. The disclosure of such information under transition assistance to a successor contractor selected by SIPA shall not affect the confidential nature of Contractor Confidential Information. "Contractor Records" means all books, records, documents, and electronic files that pertain to Contractor's business or operation or to that of its corporate parent, affiliate, or subsidiary (as contrasted to Contractor's operation of the State Portal). "Contractor Software" means the latest versions of software applications originally developed by Contractor or the NICUSA affiliated companies which are in use with the State Portal, together with any new applications, software updates or upgrades made by Contractor or the NICUSA affiliated companies and used .on the State Portal, as of the date of termination of the Contract, but excludes Third Party Software. "Eligible Government Entity Agreement" means the agreement among SIPA and a particular state agency or other Eligible Government Entity, in consultation with Contractor for the delivery of 0-government services and transactions through the State Portal. "Eligible Government Entity" means departments, agencies and political subdivisions within the State which enter into agreement with SIPA and Contractor with respect to the State Portal in accordance with the Statute. "Net Revenue" means Total Fees less Statutory Fees and merchant fees required to process credit cards and Automated Clearing House (ACID) transactions. "Portal Records" means all books, records, documents and electronic files related to the operation of the State Portal (excluding Contractor Records). "Portal Resources" means the resources, including, without limitation, staffing and capital assets, available to the Contractor for application development, deployment, management, marketing and operation of the Portal, together with associated costs, expenses, reserves and margin, funded through the Contractor's FROM (TUE)SEP 5 2008 15: 35/ST.15: 34/No.7380010287 P 3 portion of the Transaction Fees collected. The Portal Resources will be projected annually in the Portal Business Plan and updated in monthly reports. "Portal Services" are intended to be continuous services including those pursuant to an EGE Agreement, funded with Total Fees, and are contrasted with Task Order services throughout the Contract in Paragraphs that contain A and B (defined in Scope of Work below), where Article I ,B represents Portal Services work. "Source Code" means the source code for the Contractor Software. "Statute" means C.R.S. 24-37.7 -101 -113. "Statutory Fees" are those fees, taxes and assessments established by statute, ordinance, resolution, or other law or regulation (excluding Transaction Fees), charged by a relevant EGE to obtain a copy of a record, obtain a license or permit, or otherwise to engage in a transaction with an agency. "State Portal" means Internet based, electronic gateway owned by the SIPA that permits online access to certain government information and services presently located at wwvv.Colorado.gov. The State Portal is developed and managed by Colorado Interactive pursuant to the authority granted to SIPA according to its Statute and the terms of this Contract. "Task Order" means tasks or projects intended to be funded with State appropriated funds or federal funds, not Total Fees generated by portal services and are contrasted with Portal Services throughout the Contract in Paragraphs that contain A (as defined in Portal Services above) and B, where Article 1.A. (as defined in Scope of Work below) represents the Task Order work. "Third Party", for purposes of Software definition, means any person or entity other than Contractor and its affiliated subsidiaries. "Transaction Fees" include transaction, electronic access, or electronic delivery charges associated with -electronic delivery of a record, or electronic filing of a transaction, through the State Portal, which are established in connection with the State Portal or otherwise specifically identified in an EGE Agreement as a Transaction Fee. "Total Fees" equal, for any particular electronic record delivery or electronic transaction filing, Statutory Fees plus Transaction Fees. "User" means end users of Portal Services. Users can mean those who use online services for a fee or use free services depending on the context. Article 1: Scope of Work This contract contemplates two types of work to be performed by the Contractor. Contractor will perform the services and provide the hardware and software associated with FROM (TUE)SEP 5 2008 15: 35/ST.15: 34/No.7380010287 P 4 The Contractor shall progress all activities, including reports and all related services, in accordance with all the requirements of this Contract, the Statement of Work negotiated, agreed upon, and attached herewith at Attachment A, and the respective authorized Task Orders issued by SIPA and negotiated as provided below. Each Task Order shall specify the Work to be performed, objectives, level of effort, third party activities, appropriate State related IT policies, standards and guidelines, cow, business case, funding source, key personnel, deliverables, acceptance criteria and performance schedule. Additionally, if mutually agreed to, the Task Outs issued under this Section lA may include provisions under which the Contractor may be liable for liquidated damages as a result of failure to meet specified milestones; provided, however, in no event will such liquidated damages be assessed for delays or failures caused by a force majeure event, (as defiled in Section 12(B)) or delays beyond the reasonable control of ConlnEtor, including, without limitation, those resulting from acts or omissions of the State. If the State elects to receive liquidated damages under a Task Order, such remedy shall be in lieu of recovery of actual damages. Tasks included within Task Orders will be defined, negotiated, and ordered by agreement of the parties based on the rates established in Attachment B and are subject to the same terms and conditions established in this Contract. The Contractor understands that there is no guaranteed minimum commitment by SIPA to issue Task Orders pursuant to this Contract. Changes to terms, conditions, and prices specified, or other provisions of the contract shall be completed by formal amendment and signed by SIPA and the Contractor. Task orders processed in accordance with this paragraph shall occur as follows: If "SIPA has need of services, and the Contractor agrees to provide those services, s, SIPA shall provide a definition of the requirements to the Contractor.. The Contractor will propose a price for the task using the rates agreed to and identified as Attachment B to the Contract and attached to the Contractor's proposal. The proposal shall include the estimated number of hours, material costs, and amount of other elements of cost priced by the parties in the rates established in Attachment B, as well as the proposed time of performance, in a form acceptable to SIPA. 'Upon negotiation and agreement of the parties concerning the Statement of Work, the price, and the time of performance, the Task Order attached as Exhibit 1 to the Contract shall be prepared and signed by both parties. Performance of the work and payment for the following areas of work: communication and collaboration toolset (email, calendar, etc.), content management, identity management and enterprise directory and such other matters in the future as the parties mutually agree should be covered by Task Orders and as detailed in the Cost Proposal updated by the Contractor as is authorized by SIPA pursuant to Task Orders prepared by Contractor and approved by SIPA. The Contractor shall perform the services and provide the hardware and software required for Portal Services relating to set up, operation and improvement of the State Portal based upon the revenues generated by the State Portal operations, as more particularly specified below. A. Task Orders FROM (TUE)SEP 5 2008 15:36/ST.15 :34/No.7380010287 P 5 that work shall be governed by the standards and procedures set forth in this Contract. Upon negotiation and acceptance of the Task Order, the Contractor warrants that performance will be successfully completed within the time frame and price stated in the Task Order. SIPA's financial commitment stated in the respective Task Order shall not be considered valid until SIPA executes the Task Order. This Contract will be offered to political subdivisions. SIPA, Article 33 below, must approve all Task Orders or other requests regarding this Contract from political subdivisions. B. Portal Services I. Portal Services. Contractor will provide hardware and provide or develop software as enumerated and described in Contractor's Proposal and the Annual Business Plan (as described below), and such other hardware and software necessary to make the State Portal fully operational in accordance with this Contract and EGE Agreements between SIPA and Eligible Government Entities to the extent of Portal Resources. Contractor shall provide services relating to the following areas for the State Portal (the "Portal Services including: a. Provide support for the operation and enhancement of the State S• Portal; b. Provide Portal applications for government transactions in which Total Fees are to. be collected to be integrated within the State Portal; e. Provide for the design, construction, implementation, operation, maintenance, and enhancement of selected new State Portal applications as agreed to between SIPA and the Contractor, and, as applicable, Eligible Government Entities; d. Participate in a governance structure for the State Portal activities that fosters high quality content, organization and structure, State Portal management processes, user interface, and opportunities for improvement; e. Provide support for the .management, implementation and maintenance of Contractor's applications; Market with assistance of SIPA the State Portal's capabilities and Services to Eligible Government Entities and Users of portal services; Negotiate EGE Agreements with Eligible Government Entities for FROM (TUE)SEP 5 2008 15:36/ST.15:24/No.7380010287 P 6 the provision of Portal Services subject to the approval of SIPA. 2. Annual Business Plan for Portal Services. Contractor will prepare an Annual Business Plan for approval by the Board. The initial Annual Business Plan will be presented for approval within 120 days of signing of the Contract. Any material change in the Annual Business Plan requires Board approval. Between Board approvals, the Contractor shall execute the Annual Business Plan and obtain any required approvals from the Executive Director. The Annual Business Plan reflects the vision and goals for the Portal for the upcoming year, including: staffing plans for the Portal; expectations and assumptions relating to the Portal; a proposed work plan for content and applications development and implementation, as well as Portal redesign; Portal Improvement Plan including a Disaster Recovery Plan; portal applications infrastructure planning; Marketing Plan; and the proposed Portal Resources budget based upon anticipated Net Revenue. An outline of the topics and organization of the Annual Business Plan is attached as Exhibit 11. It is agreed by the parties that such plan is a good faith estimate with respect to the Project and is subject to such modifications or amendments as the parties may from time to time agree. The Annual Business Plan will be subject to the Portal Resources available for development, deployment, management and marketing of the Portal. Such resources are provided through Net Revenue generated through the Portal. Portal Resources will be projected by Contractor in its Annual Business Plan. Contractor will provide SIPA with monthly reports regarding the progress with respect to the Annual Business Plan and Net Revenue. 3. Eligible Government Entities Contractor shall offer applications from a library of existing or newly developed applications that will allow Eligible Government Entities to conduct business with Users through the State Portal. Such applications may be previously created or may be developed by Contractor or its affiliates. No application developed for the State Portal will be deployed without a signed and approved EGE Agreement. 4. 'on of licati f Contractor will work with EGEs to identify and create a queue of applications for implementation. Contractor will work with SIPA or Executive Director to establish Portal priorities for application implementation. SIPA has ;final approval of the priorities. The implementation schedule for applications will be based on approved portal priorities and available Portal Resources. An application may or may not be subject to a Transaction Fee. Contractor, in consultation with the EGE, will make recommendations to SIPA as to the need for a Transaction Fee during the evaluation of each application. Any allocation of Net Revenue for an application carrying a Transaction Fee shall be agreed in an addendum to the EGE Agreement. 5. The Portal Services will not be subject to the provisions of Article 1.A.. FROM (TUE)SEP 5 2008 15:27/ST.15:34/No.7380010287 P 7 6. During the decision snaking process for any material decision regarding this Contract or the project, the Board or the Executive Director as the case may be ;shall consult the Contractor. Article 2: Duration, Renewal, and Non Exclusive Contract A. The effective date of this contract shall be the date signed by the Chairperson of the SIPA or his or her designee, or May 02, 2005, whichever is later. Subject to the rights of either of the parties to terminate this Contract as elsewhere set forth herein, this Contract shall expire five years from the date of execution of this Contract unless renewed by SIPA as provided heroin. This Contract may be renewed by SIPA for two (2) two-year additional periods as agreed by the parties. SIPA agrees to give not less than six month's notice prior to the end of the then current term of its decision to exercise such renewal. B. The Portal Project, under the Statute, is intended to be the State's single comprehensive delivery channel for e- government services, Article 3: Task Order Consideration and Portal Funding A. Task Orders 1. In consideration for the respective Task Order work carried out by the Contractor, the Contractor shall receive the agreed compensation as stipulated in the Task Order. 2. SIPA shall establish billing procedures ion accordance with the agreed Task Orders, and requirements for invoicing and payment due the Contractor in providing performance pursuant to Task Orders issued under this Contract, The Contractor shall comply with the established billing procedures and requirements for submission of billing statements, B. Portal Services Fees and Charges 1. Collection of Fees. and Tram, action Charges. Contractor shall collect Statutory Fees and Transaction Fees from Users of services approved for assessment of a Transaction Fee (e.g., fees for electronic record delivery or electronic transaction filing); such fees shall be rex omnnended by Contractor in consultation with EGE, but are subject to the approval of SIPA. Contractor shall establish an accounting capability for Total Fee collection and distribution functions. This accounting capability shall include a numbered chart of accounts, books of original entry of all transactions, appropriate subsidiary ledgers, a general ledges. that includes to -date postings, and an audit trail through financial statements. 2. Portal Accounts. FROM (TUE)SEP 5 2008 15:37/ST.15:34/No.7380010287 P 8 a. Contractor shall establish and maintain one or more accounts "Portal Accounts") in federally insured banks or thrifts having one or more offices in Colorado, for the collection and deposit of Total Fees. Contractor shall be responsible for the timely billing and collection of Statutory Fees and for the billing and collection efforts for Transaction Fees associated with the Portal Services. Contractor shall make all disbursements from the Portal Account(s) in accordance with the following. b. Contractor shall pay, from Total Fees collected for electronic access to records and for transactions through the State Portal: All Statutory Fees as provided in the respective agreements with Eligible Government Entities. Where there is no Statutory Fee, the amount of the fee to be charged for electronic access to the record or to conduct the transaction will vary according to (a) the needs of the State Portal and (b) the recommendation, based on market research, of Contractor. H. Contract administration charge to SIPA shall be a percentage of Net Revenue to be determined by the first Annual Business Plan process— All operating and administrative expenses for the State Portal. iv. Contractor will be entitled to retain any sums remaining after payment of the amounts identified above, as its fee for services... 3. Audit of Portal Accounts. Books and records of the Portal Accounts, accounts receivable, and proceeds therefrom (whether or not disbursed by the Contractor), which are generated from Portal Services operations conducted by Contractor, shall be made available to SIPA for it to audit, inspect and copy during reasonable business hours and upon reasonable prior notice to Contractor. 4. .Factors for rigor► of Transaction, fccs. In establishing or recommending approval of Transaction Fees, the parties shall consider the following factors: The entrepreneurial and start-up nature of the business and attendant risk of capital for Contractor. b. The need to invest in the reasonable expansion of and improvement in network and information services. c. The need of Contractor to earn a reasonable fee for its services. FROM (TUE)SEP 5 2005 15:37/ST.15:24/No.7350010287 P 8 Article 4: Acceptance A. Task Orders. d. A commitment to the public policy requirement to provide electronic access to public records and electronic transactions at the most reasonable rate possible. e. That the rates to be charged may be adjusted to permit funding of special projects and enhancement of public service. f. Any other reasonable factor that in the opinion of SIPA should be considered. In the event the Statutory Fees or taxes on services are reduced or increased as result of revisions to Colorado law or regulation, such reductions or increases shall be passed on directly to Users. S. Payment Cycle. Total Fees generated by Portal Services operations through transactions involving monthly billing accounts (including batch or bulk services) and other Portal Services transactions shall be deposited in the Portal Account(s). The Contractor shall pay and deliver all Statutory Fees received through transactions involving monthly billing accounts (including batch and bulls services) due not later than within the next following thirty (30) day payment period or cycle (established by the EGE Agreement) immediately after actual receipt of said fees by the Contractor (and in any event, within sixty (60) calendar days from the usage or sale date). Where Statutory Fees are paid through transactions involving the instant payment of fees at the time of the transaction, by credit card, debit card, or ACH won, Contractor shall pay and deliver all such Statutory Fees due within the timeframe prescribed by each individual EGE Agreement. Under no circumstances shall the thneframe for remitting received Statutory Fees exceed sixty (60) calendar days from the usage or sale date. Any funds in the Portal Account(s) deemed by Contractor to be "idle" or "excess" funds (defined as those funds not required to meet immediate needs) may be deposited or invested by Contractor in such money market accounts, treasury bills, or other suitable investment vehicles as may be permitted under the State of Colorado's Short Term Investment Guidelines, until such funds are needed. Interest earned will be reported separately in portal financials and devoted to portal operations in the same manner as other portal pals. 1. The Contractor shall submit a Notice of Completion and an invoice to SIPA when the corresponding Task Order or part thereof has been completed. Each invoice shall contain or be accompanied by a written notification from the Contractor that the Task Order or part thereof has been completed. FROM {TUE)SEP 5 2008 15 :38/ST.15 :34/Ho.7380010287 P 10 fl. 10 2. SIPA shall, within thirty (30) days from the date of receipt of the Notice of Completion, notify the Contractor in writing of those particulars, if any, in which the Work does not meet the requirements of the relevant Task Order(s). Failure of SIPA to so notify the Contractor shall be deemed acceptance of the Work. 3. If any work does not conform with Contract requirements ("Defects SIPA may require the Contractor to perform the services again in conformity with contract requirements, with no additional payment. When Defects in the service cannot be corrected by re- performance, SIPA may (I) require the Contractor to take necessary action to ensure that the future performance conforms to Contract requirements and (2) equitably reduce the agreed consideration due the Contactor to reflect the reduced value of the work. These remedies in no way limit the remedies available to SIPA in the termination provision of the Contract, or remedies otherwise available at law. Portal Services shall be subject to a continuous or rolling process of acceptance as portal work proceeds. Article 5: Taxes and Duties A. SIPA, as purchaser, is exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code [No. 84- 730123X) and from all state and local government use taxes [C.R.S. 39- 26- 114(a) and 203, as amended). The Contractor is hereby notified that when materials are purchased for the benefit of SIPA, such exemptions apply except that in .certain political subdivisions the vendor may be required to pay sales or use taxes even though the ultimate product or service is provided to SIPA. These sales or use taxes will not be reimbursed by SIPA. The Contractor shall be responsible for, and shall hold SIPA harmless from, all taxes, dirties, and similar liabilities of Contractor arising under the Contractor's national, federal, state, or local laws, and which become due by reason of the perfornianee of the work under this Contract or any subcontract hereunder, and shall comply with any requirements of such laws as may be necessary to effectuate this Contract. Article 6: Warranty The Contractor warrants that the work to be performed hereunder shall be carried out with reasonable skill, care and diligence. This warranty is without prejudice to, or forfeiture of; any other rights and remedies SIPA may have under this Contract or at law or equity. Contractor represents and warrants to SIPA that (i) Contractor is a Colorado limited liability company; (ii) Contractor has the power and authority to enter into this Agreement and to perform fully its obligations hereunder; iii) Contractor is under no contractual or other legal obligation which shall in any way interfere with its prompt and complete performance FROM (TUE) SEP 5 2008 15 38/ST 15 34/No. 7380010287 P 11 hereunder; and (iv) the performance under this Contract will not violate the rights of any third party, Article 7: A. Li 11 Rights in Data, Documents and Computer Software or Other Intellectual Property 11 1_ 1 :11 T on o_ Ri Followin on for Ca o E G.,02. Upon the termination of the Contract by SIPA for cause or upon expiration of the full term of the Contract, Contractor shall grant to SIPA or any successor State entity a perpetual, personal, cost -free, fully paid -up, non exclusive, non-transferable License, without the right to grant sublicenses, to host (in object code only), copy, modify, enhance, use, and execute the Contractor Software and Source Code as necessary to provide government services and information through the State Portal, including access to or completion of e- government transactions, such as license applications and renewals, with Licence or Eligible Government Entities by users of the State Portal "Permitted Uses"). Specifically, under such license S1PA_,and its Authorized Contractor, if appropriate under the circumstances will have the right to: (1) make copies of the Contractor Software and Source Code, for back-up purposes, and for development of modifications for the Permitted Uses; (2) modify the Contractor Software or Source Code as may be required or desirable for the maintenance or enhancement of the Contractor Software or the State Portal; (3) load the Contractor Software on any State servers for the Permitted Uses; (4) use State employees or Authorized Contractors to maintain, repair, modifyy or enhance the Contractor Software, Source Code or the State Portal for the Permitted Uses; (5) allow Eligible Government Entities to access and use the Contractor Software for the Permitted Uses; and (6) allow end user access to the functions of the Contractor Software (but not the Source Code) through the State Portal solely for Permitted Uses. B. Qution oo SIPA after Othe Forms of Termination. Upon the termination by either party of the Contract pursuant to the terms thereof (other than termination by SIPA pursuant to Section 7.A. above), SIPA may, at its sole option, purchase a license to the Contractor Software upon the payment of the applicable license fee. be cal w ons a.1 with f se.: 1 1 er mill 1 `tuna d it S entities with which Contractor does business. Such license shall be a perpetual, personal, fully paid -up, non exclusive, non transferable license, without the right to grant sublicenses, to host (in object code only), copy, modify, enhance, use, and execute the Contractor Software and Source Code for the Permitted Uses, subject to the limitations of this Agent. Specifically, under such license, if purchased by SIPA, SIPA and its Authorized Contractor, if appropriate under the circumstances will have the right to: (1) make copies of the Contractor Software and Source Code, for back -up purposes, and for development of modifications for the Permitted Uses; (2) modify the Contractor Software or Source Code as may be required or desirable for the maintenance or went of the Contractor Software or the State Portal; (3) load the Contractor Software on any State servers for the Permitted Uses; (4) use State employees or Authorized Contractors to FROM (TUE)SEP 5 2008 15: 38/ST.15: 34/No.7380010287 P 12 E. License rights to Third Party Software used to operate the State Portal shall be transferred to SIPA by Contractor to the extent permissible under the applicable license terms. Software that is Third Party Software and which is not transferable to SIPA shall be identified and described by Contractor on a list attached as an Exhibit to this Contract or from time to time within 30 days of the utilization of any such new Third Party Software in connection with the State Portal. SIPA will take any such Thbx1 Party software subject to the terms and conditions of the Third Party license agreement, Contractor shall provide an updated inventory of programs and versions of Third Party Software currently being used in the State Portal as part of the Annual Business Plan. maintain, repair, modify or enhance the Contractor Software, Source Code or the State Portal for the Permitted Uses; (5) allow Eligible Government Entities to access and use the Contractor Software for the Permitted Uses; and (6) allow Users access to the functions of the Contractor Software (but not the Source Code) through the State Portal solely for Permitted Uses. The grant of the perpetual license pursuant to this Section 7(B) and acces to the Source Code under such grant shall become effective upon payment of the license fee by SIPA. C. Reservation ofl ghts. 1. All intellectual property rights contained in the Contractor Software, and Source Code, including all concepts, ideas, methods, methodologies, procedures, processes, know -how shall be the sole property of Contractor. Contractor reserves all rights not expressly licensed to SIPA under this Agreement. Any and all copies of the Contractor Software or the Source Code made by SIPA shall bear Contractor's notice of copyright, and other restrictive legends contained on the Contractor Software and Source Code provided by Contractor. 2, All State Portal Content and all property, data and information furnished by or on behalf of SWA or an Eligible Government Entity to Contractor to facilitate Contractor's performance under the Contract or this Agreement shall be and remain the sole property of SJPA or such Eligible Government Entity. D. State Modifications. The Parties agree that if SIPA or any Authorized Contractor makes any modifications or enhancements to the Contractor Software, SIPA's right to use such modifications or enhancements developed by it or its Authorized Contractors shall be the same as the rights and limitations to use the Contractor Software for the Permitted Uses. F. Following the termination or expiration of this Contract, Contractor has no responsibility or liability for the maintenance, updates or modifications to the Contractor Software, and shall not be responsible for any changes to the Contractor Software or the environment upon which it is run made by SIPA or by its Authorized Contractors. 12 FROM (TUE)SEP 5 2006 15:39/ST.15:34/No,7380010287 P 13 a The Contractor shall cooperate in all ways necessary to ensure that SIPA may obtain, exercise, or protect its rights under this Article 7. The Contractor shall ensure that any and all of its subcontractors or suppliers of any tier are obli,r: test to do what is necessary in order to fulfill SIPA rights granted under this Article 7. The Contractor warrants that it has or will obtain full power and authority to carry out the provisions of this Article 7 from all persons and other entities who perform any work under this Contract or any subcontract related hereto, H. Contractor shall deposit on a quarterly basis the source code for the most recent version of all Contractor Software (excluding Third Patty Software) together with the available program documentation and programmer's notes used in the State crtalt, its escrow with a neutral third party to be mutually chosen by Contractor and SIPA (the "Source Code") under the terms of an escrow agreement satisfactory to SIPA, Contractor and the escrow agent. Over the Term of the Contract Contractor will have the authority to remove superseded source code. The source code shall be delivered to SIPA by the Escrow Agent in the event (1) Contractor is declared bankrupt or is the subject of any liquidation or insolvency proceeding which., is not dismissed within ninety (90) days; or (2) Contractor is required to deliver Source Code as provided in Article 7 above; or (3) as otherwise provided in the agreement with the Escrow Agent, Contractor acknowledges that it will deliver a copy of the software escrow agreement between Contractor and its Escrow Agent to SIPA. Contractor shall obtain the consent of SIPA in writing to any amendments to .such agreement, any change in Escrow Agent, or of any replacement or successor escrow arrangements. The of the Source Code escrow shall be borne by Contractor, and paid out of the Net Revenues as an werating expense. In the event there acme no Net Revenues, Contractor shall bear the expense of the Source Code escrow. The Contractor shall have the authority to terminate the escrow within a reasonable time after the Contractor terminates. SIPA agrees that the Source Code shall be treated as the Confidential Information of Contractor notwithstanding termination or expiration of the Contract. Article 8: Intellectual Property Indemnification A. Contractor shall defend, at its sole expense, any claim(s) or suit(s) brought against SIPA alleging that the use by SIPA of any Contractor Software constitutes infringement of any patent, copyright, trademark, or other proprietary rights, provided that SIPA gives Contractor written notice within twenty (20) days of receipt by SIPA of such notice of such claim or suit, provides assistance and cooperation to Contractor in connection with such action, and Contractor has sole authority to defend or settle the claim. Contractor shall consult SIPA regarding such defense and SIPA may,, at its discretion and expense, participate in any 13 FROM (TUE)SEP 5 2006 15: 381ST. 15: 34/No.7360010287 P 14 defense. Should SIPA not choose to participate, Contractor shall keep SIPA advised of any settlement or defense. 13. Contractor shall have liability for all such claims or suits, except as expressly provided herein, and shall indemnify SIPA for all liability incurred by SIPA as a result of such infringement Contractor shall pay all reasonable out-of-pocket costs and expenses, and damages finally awarded by a court of competent jurisdiction, awarded or agreed to by Contractor regarding such claims or suits. C. If the Contractor Software, or any part thereof, becomes the subject of any claim, suit or proceeding for infringement of any patent, trademark or copyright, or in the event of any adjudication that the Contractor Software, or any part thereof, infringes any patent, trademark or copyright, or if the use of the Contractor Software, or any part thereof, is enjoined, Contractor, after consultation with SIPA, shall do one of the following at Contractor's expense in a commercially reasonable time and in a commercially reasonable manner: (a) produce for SIPA the right under such patent, trademark or copyright to use the Contractor Software or such part thereof; or (b) replace the Contractor Software, or part thereof, with other suitable products or parts conforming to the original license and SIPA specifications; or (c) suitably modify the Contractor Software, or parts thereof. Except as otherwise expressly provided herein, Contractor shall not be liable for any costs or expenses incurred without its prior written authorization. D. Contractor shall have no obligation to defend against or to pay any costs, damages or attorney's fees with respecf to any claim based upon: (a) the use of any altered release if Contractor had not consented to the alteration, or (b) the combination, operation or use of the Contractor Software with programs or data which were not furnished by Contractor, if such infringement would have been avoided if the programs or data furnished by persons or entities other than Contractor had not been combined, operated or used with the Contractor Software, or (v) the use of Contractor Software on or in connection with equipment or software not permitted under the Contract if such infringement would have been avoided by not using the Contractor Software on or in connection with such other equipment or software. Article 9: SIPA- Furnished Documents, Examination and Ownership A. With respect to any documents that SIPA is required to provide or does provide to the Contractor pursuant to this Contract, the Contractor shall exercise due care to ensure that such documents are sufficient for the performance of this Contract, and that they contain no manifest errors; however, nothing in this provision shall make the Contractor liable for errors in the materials of SIPA. The Contractor shall give SJPA written notice within fifteen (15) days of the event that it discovers any error, omission or anomaly in any such document at any time. B. Any reports, studies, photographs, negatives or other documents or drawings prepared by Contractor exclusively for SIPA in the performance of its obligations 14 FROM (TUE }SEP 5 2008 15:40/ST.15:34/No.7380010287 P 15 under this Contract (but excluding Contractor Software, and Contractor Records) shall be the exclusive property of SIPA. The Contractor within thirty (30) days of termination or cancellation of this contract shall deliver a copy of the Portal Records to SIPA. Contractor shall be entitled to retain and use copies of the same. Similarly, within thirty (30) days of termination, SIPA shall return all Confidential or Proprietary Information to Contractor that has been disclosed, delivered or otherwise furnished to it, unless SIPA is receiving a license to Contractor Software as provided in Section 7 above. Article 10: Confidentiality A. Confidential information for the purpose of this contract is information relating to a party's research, development, trade secrets, business affairs, internal operations and management procedures and those of its customers, clients or ciliates, but does not include information lawfully obtained through third parties, which is in the public domain, or which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any confidential information concerning the other party obtained as a result of this contracts Any confidential information removed from SIPA's site by the Contractor in the course of providing services under this contract will be accorded at least the same precautions as are employed by the Contractor for similar information in the course of its own business. B. The Contractor shall have the following obligations with respect to the confidential information contained in this Contract, including any work package(s); all confidential data of-SIPA; and any information supplied to the Contractor or by or on behalf of SIPA in erection with this Contract that is identified as confidential at the time it is so supplied. Such identification shall be made or confirmed in writing. 15 I. The Contractor shall take all reasonable measures to ported the confidentiality of such information_ 2. The Contractor agrees that it shall use such information solely in connection with this Contract, unless alternative uses are explicitly authorized by SIPA with respect to specifically designated information. 3. The Contractor shall not disclose such information to third parties, or have it disclosed, in any manner or form, so long as it remains confidential, without the explicit authorization of SIPA. Subject always to any rights in or license to the same granted to SIPA herein, SIPA shall have obligations reciprocal to those in this Article above with respect to any Contractor Confidential Information that is supplied to SIPA by or on behalf of the Contractor within the scope of this Contract that is identified as confidential under this Contract or at the time it is so supplied. SIPA acknowledges that Contractor FROM (TUE)SEP 5 2008 15:40/ST.15 :34/No.7380010287 P 18 considers such information to be trade secrets and commercial and financial information of Contractor which is not a public record and is not subject to public access. The confidentiality provisions of this contract shall be included in FOE Agreements. C. Paragraphs A and B of this Article shall continue to apply, irrespective of any expiration or termination of this Contract, unless and until such time as such information cow into the receiving party's lawful possession independent of disclosure in connection with this Contract, or otherwise lawfully to the general public. D. Notwithstanding the fact that the State information described in paragraph A above may now or in the future become embodied in a product offered for sale, lease or license, by SIPA (1) due to the fact that the Contractor's work hereunder puts the Contractor in a superior position to understand such products, the Contractor agrees that it will not, undertake to reverse engineer such products and it will not participate or assist in any effort to do so; (2) this shall not be considered a disclosure to the general public. E, Contractor shall restrict disclosure of confidential information to the minimum number of persons required to enable the Contractor to carry out the Work in an effective and timely manner. The Contractor may discuss with relevant members of staff of the Contractor having special knowledge of finance, edlniniStration and the like, only the information in broad outline not involving any unnecessary disclosure of technical details not essential to the proper conduct of the discussion. F. Both parties shall treat all State Portal User information that contains separately identifiable financial and personal information as confidential information. Article 11: Public Release of Information The Contractor shall obtain the written approval of SIPA congaing the content and timing of new releases, articles, brochures, advertisements, prepared speeches, and other information releases to be made by the Contractor or any of its subcontractors concerning this Contract or the work performed or to be performed hereunder. Provided however, SJPA's approval shall not be required for remarks made in the course of mutine marketing activities to Eligible Govt Entities or Users. SIPA shall be given a reasonable time to review the proposed text prior to the date scheduled for its release. SIPA shall establish an expedited procedure among its membership for review of materials and comments under this section. Notwithstanding the foregoing, the Contractor may make such public disclosures and filings under applicable securities regulations as recommended by Contractor's securities law counsel, or as otherwise required by law. Subject to the requirements of the Colorado Open Records Act, SIPA agrees not to disclose, publicly release, produce for any purpose, including in response to a subpoena or other court or governmental order, without giving Contractor or its successors, assigns, 16 FROM (TUE }SEP 5 2008 15:41/ST.15 :34/No.7380010287 P 17 parents, or subsidiaries as much written notice as is reasonably practicable, and an opportunity to object to the disclosure or production of any of the Contractor Confidential Information. At the request of SIPA, Contractor shall provide such reasonable assistance as may be requested by SIPA to comply with this provision. Article 12: Consequences of Force Majeure A. The purpose of this Article is to establish the consequences of force majeure events preventing either party from complying with any of its obligations under this Contract. 13. As used in this Article, the term "force majeure" refers to events extrinsic to this Contract that are beyond the reasonable control of, and not attributable to negligence or other fault of, the party relying on such events to excuse its failure to perform. The term does not include strikes or other events caused by labor disputes, unless such strikes or other events are part of national or regional disputes. C. Any party whose ability to perform is affected by a force majeure event shall take all reasonable steps to mitigate the impact of such event. D. If the affect of a force majeure event is temporary, subject to Paragraph E of this Article, the party so affected shall not be responsible for any consequent delay, and the relevant schedule or time period shall be extended accordingly, and the party shall pmvide notice of the event is given to the other party within seven (7) days after the event has occurred. At the time of the initial notice of the occurrence of the event, or as soon thereafter as possible, the party affected shall inform the other party ofthe extent of the delay expected as a result ofthe event. E. In the case of one or more force majeure events having a temporary effect on the ability of the Contractor to comply with the schedule in any Task Order, if the affect is, or will be, to delay such schedule by more than ninety (90) days, or in the ease of force majeure events permanently preventing the C nir ctor from complying with said schedule, and provided that the event has not been caused by SIPA, SIPA may declare this Contract to be terminated, in whole or in part. In such event SIPA shall pay the Contractor for work carried out under the Task Order up to the date of termination, including work carried out under any uncompleted Task Order, and make any other payments required under this Contract,. Article 13: Conformance with Law and Governmental Authorizations The Contractor and its agents) shall at all times during the term of this contract strictly adhere to all applicable federal laws and state laws and implementing regulations as they currently exist and may hereafter be amended. The Contractor shall be responsible for obtaining all governmental authorizations necessary for the performance of the Contractor's obligations hereunder. In the event that the Contractor fails to obtain any such 17 FROM (TUE)SEP 5 2008 15:41/ST.15:34/No.7380010287 P 18 authorization as may be pessary to complete any work following notice and a reasonable cure period, SIPA may terminate the Contract or such element of work. Article 14: Termination A. Ruction by SIPA for Cause: SIPA may terminate the contract for cause, by following the procedures set forth herein. If SIPA desires to terminate the contract for cause, it will first give thirty (30) days prior written notice to the Contractor, stating the problems constituting cause, procedures to correct such problems, and the date the contract will be terminated in the event problems have not been corrected, which date shall be at least thirty days from the date of the notice. If such problems have not been corrected in such time, then upon notice, SIPA may terminate this contract for cause. In the event this contract is terminated for cause, SIPA will only reimburse the Contractor for accepted work or deliverables received up to the date of termination. In the event this contract is terminated for cause, final payment to the Contractor may be withheld at the discretion of SIPA until completion of final audit. Notwithstanding the above, the Contractor may be liable to SIPA for SIPA's damages, but shall not be liable for incidental or consequential damages. B. J'ermiination for Convenience: SIPA shall have the right to terminate any Task Order under this contract by giving the Contractor at Least twenty (20) days prior written notice. If notice is so given, the Task Order under this contract shall terminate on the expiration of the specified time period, and the liability of the parties hereunder for further performance of the terms of the Task Order shall thereupon cease, but the parties shall not be released from the duty to perform their obligations up to thedate of termination. C. D. Termination for Financial Exigency: SIPA shall have the right to terminate portions of this contract for financial exigency by giving the Contractor at least thirty (30) days prior written notice, For the purposes of this provision, a financial exigency shall be a determination made by the Colorado legislature or its Joint Budget Committee that appropriated funds or federal funding is not available to continue to support the affected T ask Orders, but then such termination shall only be to the services supported by such state appropriated or federal funding. if notice of such termination is so given, the applicable portions of this contract shall terminate on the expiration of the time period specified in the notice, and the liability of the parties hereunder for further performance of such portion of this 18 immediate Termination: Any Task Order is subject to immediate termination by SIPA in the event that SIPA determines that the health, safety, or welfare of persons receiving services may be in jeopardy due to the acts of the Contractor. Additionally, SIPA may immediately suspend this contract upon verifying that the Contractor has knowingly engaged in or is knowingly about to participate in fraudulent or other illegal acts. FROM (TUE)SEP 5 2008 15:41/ST.15 :34/Mo.7380010287 P 19 contract shall thereupon cease, but the parties shall not be released from the duty to perform their obligations up to the date of termination, E. In the event that SIPA terminates Task Orders under this contract under the Termination for Convenience or Termination for Financial Exigency provisions, the Contractor is entitled to submit a termination claim within ten (10) days of the effective date of termination. The termination claim shall address and SIPA shall pay the following costs: 1. The agreed Task Order price for performance of work, which is accepted by SIPA, if applicable, up to the effective date of the termination. 2. Reasonable and necessary costs incurred in preparing to perform the terminated portion of the contract. 3. Reasonable profit on the completed but undelivered work 4. The costs of settling claims arising out of the termination of subcontracts or 19 orders, S. Reasonable accounting, legal, clerical, and other costs arising out of the termination settlement. hi no event shall reimbursement under this clause exceed the contract amount for the terminated Task Orders, reduced by amounts previously paid by SIPA to the Contractor. F. Tem ination SIPA with Immediate Effect. SIPA shall have the right to terminate this Contract, in whole or in part, at any time and with immediate effect, in any of the following everts: I. If the Contractor becomes insolvent or is declared bankrupt; or any involuntary proceeding in bankruptcy uptcy is filed against it and not dismissed within ninety (90) days, or the Contractor files for reorganization under the bankruptcy code. 2. If the Contractor resorts to fraudulent practices in connection with the Contract, including, but not limited to: a. Deceit concerning the nature, quality, or quantity of goods and services required to be rendered under this Contract; or b. The giving or offering of gifts or remuneration for the purposes of bribery to any person in the employ of SIPA or any other EGE, or acting on behalf of any of them, irrespective of whether such bribes FROM (TUE)SEP 5 2008 15: 42/ST.15: 34 /No. 7380010287 P 20 Article 15: Applicable Law 3. In the event of such termination, SIPA's remedies shall be the same as in the case of discharge for breach of contract by the Contractor. G. Termination pv Contractor. Contractor shall have the right to terminate this Contract for cause, subject to cure, by providing written notice of termination to SIPA. Such notice shall specify the time, the specific provision of this Contract or "for cause" reason that gives rise to the termination, and shall specify reasonable appropriate action that can be taken by SIPA to avoid termination of the Contract. Contractor shall provide a specified period of time of up to sixty (60) calendar days, unless otherwise specified in this Contract, for SIPA to cure breaches and deficiencies of its performance obligations under this Contract. For purposes of this section, the phrase "for cause" shall mean: 1. Any material breach or evasion by SIPA of the terms or conditions of this Contract and its amendments, if any. 20 or remuneration are made on the initiative of the Contractor or otherwise. 2. The financial base upon which Contractor relies for solvent Portal operations and its fee does not materialize after execution of this Contract or is removed in the future. Article 14A: Continuity of Services Contractor recognizes that the services under this Contract are very important to the citizens and businesses of the State of Colorado and must be continued without interruption and that, upon contract expiration, a successor, whether a govermnental agency, or another private entity, may continue therm. Contractor agrees that in connection with the termination or expiration of the Contract, Contractor shall continue to perform, subject to Portal Resources, or at an agreed amount acceptable to the parties during the transition period, and receive payment for Portal Services in accordance with the terms and conditions of this Agreement for a transition period up to twelve (12) months from the time of notification of termination by either party or expiration, whichever occurs earlier. Any such notification from the State will identify whetter it requests transition assistance. As part of SIPA's request, SIPA shall notify the Contractor of the number of months during which the Contractor shall continue to perform transition services under this provision. The Contractor shall use its best efforts to make an orderly transition of its services to SIPA or to any successor selected by SIPA and shall perform any and all tasks contemplated in this Contract in good faith that are necessary to assist in ping the integrity of Portal. operations. Contractor agrees that it shall perform any such transition in a professional and businesslike termer to accomplish a successful transfer of Portal Services. FROM (TUE)SEP 5 2008 15:42/ST.15 :34/Ho.7380010287 P 21 This contract shall be governed by the laws of and adjudicated in, the State of Colorado. The Contractor agrees to comply with all applicable Federal, State and local laws, rules and regulations in its performance hereunder. The parties agree that venue for any action related to performance of this Contract shall be in the City and County of Denver, Colorado. Article 16: Dispute Resolution Except as herein specifically provided otherwise, disputes concerning the performance of this Contract which cannot be resolved by the designated Contract Representatives shall be referred in writing to a senior departmental management staff designated by SIPA and a senior manager designated by the Contractor. Failing resolution at that level, disputes shall be mediated within a reasonable time using a reputable Alternate Dispute Resolution mediator selected by mutual agreement of the Parties. The expense of the mediator shall be borne equally by both Parties. This process is not intended to supersede any other process for the resolution of controversies provided by law. Article 17: Key Personnel A. The Contractor agrees that the individual(s) nominated in each Task Order, if any, are necessary for the successful completion of the Work to be performed under this Contract ("Key Personnel"). 13. Such Key Personnel shall, not be removed by Contractor from the performance of the Work under this Contract unless replaced with personnel of substantially equal qualifications and ability. SIPA shall have the right to review the qualifications of any proposed replacements and, if for good and sufficient reasons SIPA deems such personnel to be unsuitable, SIPA may require the Contractce to offer alternative candidates where such are available. C. Notwithstanding its role in approving Key Personnel and their replacements, SIPA shall have no supervisory control over their work, and nothing in this Article shall relieve the Contractor of any of its obligations under this Contract, or of its responsibility for any acts or omissions of its personnel. Article 18: Changes To Task Orders A. At any time during the period of this Contract, SIPA may request changes in the work under any Task Order, so long as such changes are within the general scope of the Contract. The Contractor may also propose changes for consideration by SIPA. 13. A change request from SIPA must be identified as such, must be made or confirmed in writing, and must be signed by the Responsible Officer identified in Paragraph A of Article 20 hereof, entitled Responsible Officers. If any other conduct by the responsible officer or any other representative of SIPA is construed by the Contractor as possibly constituting a change request or an interpretation of the 21 FROM (TUE)SEP 5 2008 15:42/ST.15:34/Mo.7380010287 P 22 Contract requirements inconsistent with the Contractor's understanding of those requirements, the Contractor shall promptly notify SIPA and request clarification. C. Within fourteen (14) days after receiving a change request from SIPA, the Contractor shall submit to SIPA a contract change notice in accordance with the requirements of Paragraph D of this Article. The Contractor may request a longer period to prepare the contract change notice, but the Contractor shall make any request for such a longer period within seven (7) days after the Contractor receives the change request. SIPA shall not unreasonably withhold its consent to a request for such a longer period, taking into account the nature of the change request, but SE PA may also take into account the impact of such an extension on the performance schedule. D. Whether subtmitted in response to a change request initiated by SIPA, or initiated by the Contractor, the contract change notice shall itemize, in a format specified by SIPA, any affect that the change would have on the technical requirements, price, performance schedule, or other terms and conditions of this Contract. Where appropriate, the contract change notice ,hall also suggest any revised language for the Contract, including any of its Annexes that would be necessary to implement the change. E. if the cost of any materials that would be made obsolete as a result of a change is inched in the Contractor's claim for adjustment: 22 1. To the extent that such materials have resale, reuse, or salvage value to the Contractor or its subcontractors or suppliers, SIPA shall be entitled to a ..chit. 2. If such materials have no such resale, reuse, or salvage value, SIPA shall have the right to presenbe their manner of disposition. F. After SIPA receives a sufficiently detailed Task Order change notice, and after any negotiations with respect to the adjustments claimed by the Contractor, the hollowing outcomes are possible: 1. SIPA may decide not to proceed with implementation of the change. 2. SIPA may decide to implement the change, in which case: a. If the parties have reached agreement about the adjustments to be made in the Contract, the Contractor shall proceed with implementation as agreed. b. If the parties are unable to reach such an agreement, the provisions of Article 16 hereof, entitled Dispute Resolution, shall apply. FROM c. Pending any negotiation, SIPA may direct the Contractor to proceed with implementation of the change, subject to any adjustments subsequently agreed or awarded. 0. SIPA may also direct the Contractor to proceed with implementation of a change to a Task Order prior to "preparation of a complete contract change notice, subject to any adjustments subsequently agreed or awarded. bI. SIPA's right to direct the Contractor to proceed with implementation of a change t0 a Task Order pursuant to Paragraph 0 of this Article shall be subject to the Contractor's ability to do so, taking into account the resources, facilities, supplies, and services available to it, and may also be subject to a stipulated financial limit. Article 19: Aasignnreat of Contract A. The Contractor shall not assign or delegate, either in whole or in part, this Contract or any of the Contractor's rights, duties, or obligations hereunder to any person or entity without the prior express written approval of SIPA, which shall be at STPA's sole discretion. SIPA acknowledges and consents to use of the subcontracted services of affiliated NICUSA entities to assist in the performance of Contractor's duties hereunder, provided the foes for such services shall be reasonable and comparable to fees that would be paid to unatlliated third parties for similar services and further provided that any SIPA- approved non- NICUSA subcontractors acknowledge and agree in writing to perform such services consistent with any applicable terms of this Contract, including without limitation those provisions relating to State ownership and confidentiality of State records. Article 20: Responsible Officere A. The responsible officers of the parties may be changed from time to time by notice to the other party. Until further notice, the Responsible Officer for SIPA shall be its Executive Director, and for the Contractor President of the limited liability company. B. For the purpose of administration of this Contract, any communicattons between SIPA and the Contractor shall be enforceable and binding upon the patties only if signed by the appropriate Responsible tcers. C. The Contract is subject to such modifications as may be required by changes in Federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of the contract on the effective date of such change as if fully set forth heroin. Except as (TUE)SEP 5 2008 15:43IST,15:34/N0.7380010287 P 23 In order to have a portal management entity dedicated solely to performance of the contract between the parties, Contractor shall be entitled to form a wholly owned subsidiary (e.g., Colorado Interactive LLC) and to assign without recourse its obligations, duties, privileges and rights hereunder to that entity. FROM (TUE) SEP 5 2008 15: 43/ST.15: 34/No.7380010287 P 24 Article 21: Communications A. All notices, reports, invoices and other correspondence to be provided to SIPA or the Contractor pursuant to this Contract shall be sent for the attention of the responsible officers referred to in Paragraph A of Article 20 hereof, entitled Responsible Officers, at the following addresses: SIPA: [Name] Executive Director [Address, City, State] [Phone] [Fax] Copy to: Richard Wall Legal Counsel SIPA [Address, City, State] [Phone] [Rik] B. All communications pertinent to this Contmct shill be made or confirmed in writing, including telegram, telex, or facsimile. All documentation and communications required under this Contract shall be in the English language. Article 22: Time Limita C. provided above, no modification of the Contract shall be effective unless agreed to in writing by both parties in an amendment to the Contract that is properly executed and approved in accordance with applicable law. Contractor: Rich Olsen President, Colorado Interactive, LLC [Address, City, State] [Phone] [Pax] Copy to: William Bradley General Counsel NIC Inc. 10540 S. Eidgeview Road Olathe, KS 66061 Phone: 913-754-7000 Fax: 913- 498 -3472 Any time limits to which this Contract binds the Contractor or SIPA shall be counted in calendar days from the day following that of the event marking the start of the time limit, and shall end on the last day of the period laid down. When the last day of a time limit is a Saturday or Sunday, or a legal holiday in the country in which the particular contractual performance is required, such time limit shall be extended to the first working day following. Article 23: Conflict of Interest 24 FROM Article 24: Insurance Contractor 25 (TUE)SEP 5 2008 15:43/ST.15:34/No.7380010287 P 25 During the term of this contract, the Contractor shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the Contractor fully performing his/her obligations wider this contract. Additionally, the Contractor acknowledges that, in governmental contracting, even the appearance of a conflict of interest is harmful to the interests of S1PA. Thus, the Contactor agrees to refrain from any practices, activities or relationships that could reasonably be considered to be in conflict with the Contractor's fully performing its obligations to SIPA. under the terms of this contract, without the prior written approval of SIPA. In the event that the Contractor is uncertain whether the appearance of a conflict of interest may reasonably exist, the Contraetor shall submit to SIPA a full disclosure statement setting forth the relevant details for SIPA's consideration and direction. Failure to promptly submit a disclosure statement or to follow Sf'A's direction in regard to the apparent conflict shall be grounds for termination of the contract. Further, the Contractor shall maintain a written code of standards governing the performance of its agent(s) engaged in the award and administration of contracts. Neither the Contractor nor its agent(s) shall participate in the selection, or in the award or administration of a contfa+ct or subcontract supported by State or Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: 1. The employee, officer or agent participating in the selection, award or administration has a financial or other interest in the fain selected for award. 2. Any member of the employee's immediate family participating in the selection, award or administration has a financial or other interest in the firm selected for award. 3. The employee's partner participating in the selection, award or administration has a financial or other interest in the firm selected for award. 4. An organization which employs, or is about to employ, any of the above participating in the selection, award or won has a financial or other interest in the firm selected for award. Neither the Contractor nor its agent(s) will solicit nor accept gratuities, favors, or anything of monetary value from Contractor's potential contractors, or subcontractors. During the term of this contract, and any extension(s) thereof, Contractor agrees that it will keep in force an insurance policy or policies, issued by a company authorized to do business in Colorado, in the kinds and minimum amounts specified below. FROM (TUE)SEP 5 2008 15: 44/ST.15: 34/No.7380010287 P 28 1. Standard Worker's Compensation and Employers' Liability as required by state statute, including occupational disease; covering all employees on or off the work site, acting within the course and scope of their employment. 2. General, Personal Injury, Professional (where applicable), Liability (including bodily injury, personal injury and property damage) with minimum coverage of: a. Occurrence basis policy: combined single limit of $600,000 or Claims -Made policy: combined single limit of $600,000; plus an endorsement, certificate, or other evidence that extends coverage two years beyond the performance period of the contract. b. Annual Aggregate Limit policy: Not less than $1,000,000 plus agreement that the Contractor will purchase additional insurance to replenish the limit to $1,000,000 if claims reduce the annual aggregate below $600,000. 1. The State of Colorado shall be named as a lost payee on all liability policies (except for Professional liability coverage). 2. The insurance shall include provisions preventing cancellation without thirty (30) calendar days prior written notice to SIPA by certified mail. 3. Upon execution of this contract, the Contractor shall provide to SIPA additional insured endorsements and certificates of the required insurance coverage. 4. The Contractor shall provide such other insurance as may be required by law, or in a specific solicitation. 5. If the Contractor is a "public entity" within the meaning of the Colorado Governtnental Immunity Act, C.R.S. 24 -10 -101, et seq. as amended "Act the Contractor shall maintain such insurance, by commercial policy or self-insurance, as is necessary to meet the Contractor's liabilities under the Act. Upon request by SIPA, proof of such insurance shall be provided. Article 25: Maintenance, Monitoring, Audit and Inspection of Records A. The Contractor shall maintain a complete file of all records, documents, communication, and other written materials which pertain to the operation of Portal Services and Task Order work under the Contract, and shall maintain such records for a period of three (3) years after the date of termination of the Contract or final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending... B. The Contractor shall permit the Federal Government (with respect to Task Orders), SIPA or any other duly authorized agent of SIPA or a State governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe the Portal Services or Task Order Records during the term of the Contract and for a period of three (3) years following termination of the Contract or final payment hereunder, whichever is later, to assure compliance with the terms hereof, or to evaluate the Contractor's performance hereunder. The Contractor shall also permit these same described entities to monitor all activities conducted by the Contractor pursuant to the terms of the Contract, subject to restrictions under applicable law, and the privacy provisions of the State Portal. As the monitoring agency may in its sole discretion deem necessary or appropriate, such monitoring may consist of internal evaluation procedures, examination of program data, 26 FROM (TUE)SEP 5 2008 15 :44/ST.15 :34/No.7380010287 P 27 special analyses, on -site checks, or any other reasonable procedure. If a material ina +curate accounting (greater than 5% discrepancy) is uncovered in an audit, the Contractor in addition to correcting such error shall reimburse SIPA for such costs incurred in conducting that audit, provided, however, that such costs shall not exceed the lesser of the cost of such audit and twenty five percent (25%) of the amount of the error. Article 26: [Reserved] Article 27: Severability To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a team hereof shall not be construed as waiver of any other term. Article 28: Permits and Licensee The Contractor shall procure all permits and licenses, pay all charges, fees and taxes and incidentals that may be required for the lawful prosecution of the work. Any software licenses required will be procured by the Contractor, unless otherwise agreed. Article 29: Waiver Any waiver by any party hereto with regard to any of its rights hereunder shall be in writing and shall not constitute or act as a waiver to any future rights, which such party might have hereunder. Article 30: Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terms and conditions of the Contract and all right of action relating to such enforcement, shall be strictly reserved to SIPA and the Contractor or their permitted assigns. Nothing contained in this Contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of SIPA and the Contractor that any such person or entity, other than SIPA or the Contractor or their permitted assigns, receiving services or benefits under this agreement shall be deemed an incidental beneficiary only. Article 31: Governmental Immunity Notwithstanding any other provision of the Contract to the contrary, no term or condition of the Contract shall be constr uecl or interpreted as a waiver, express or implied, of any of the immunities, right, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, C.R.S. 2440 -101, et.seq., as now or hereafter amended. 27 FROM (TUE) SEP 5 200S 15 45/ST 15 84/Mo. 7380010287 P 28 The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its went, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of C.R.S. 24 -10 -101, et.seq., as now or hereafter amended and the risk management statues, C.R.S. 24-30 -1501, et.seq., as now or hereafter amended. Article 32: Hardware Ownership A. At the conclusion of each Task Order, whether under Article Z Duration and Renewal of Contract, or Article 14, Termination, SIPA shaft own all hardware acquired with the use of State funds or federal funds. Contractor shall furnish an inventory of the hardware acquired pursuant to a Task Order, at the conclusion of the Task Order. B. At the conclusion of the contract, whether under Article 2, Duration and Renewal of Contract, or Article 14, SIPA may elect to acquire all hardware being used at such time in portal operations and purchased with Net avenue for net book value (original cost less depreciation pursuant to OAAP). C. The Contractor shall use best efforts to transfer to SIPA any manufacturer's warranties for the hardware transferred hereunder. Otherwise, Contractor transfers such hardware "as is." Article 33: Entire Agreement ibis Contract constitutes the entire went between the parties with respect to the subject matter hereof,, and supersedes all prior or contemporaneous correspondence, representations, proposals, negotiations, understandings, or agreements of the parties, whether oral or written. The parties also hereby acknowledge that there are no collateral contracts between them with respect to the subject matter hereof. In the event of conflicts or inconsistencies between the contract and its exhibits, the lam; or the Proposal, such conflicts shall be resolved by reference to the documents in the following order of priority, unless otherwise indicated in the contract 1. Colorado Special Provisions 2. Contract 3. Statement of Work 4. Annual Business Plan 5. Request for Proposal 6. Contractor 's Proposal 1. INDEMNIFICATION. 28 SPECIAL PROVISIONS FROM 2. INDEPENDENT CONTRACTOR. 4 CCR 801 -2 3. NON DISCRIMINATION. 29 (TUE) SEP 5 2008 15: 45/ST.15: 34/No.7380010287 P 28 The Contractor shall indemnify, save, and hold harmless SIPA, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYi3E OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF SIPA. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY SIPA PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND TTS EMPLOYEES ARE NOT ENT1TLEL) TO UNEMPLOYMENT INSURANCE BENEFITS. UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT SIPA DOES NOT PAY FOR OR OTHERWISE PROVIDE :SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND SIPA TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED 1IY SIPA) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. The Contractor agrees to comply with the letter and the spirit of all applicable state and federal Jaws respecting discrimination and unfair employment practices. 4. CHOICE OF LAW. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra judicial body or person or which is otherwise in conflict with said laws, ru1e regulations shall be considered null and void. Nothing contained in any provision incorporated herein by refer which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. At all tunes during the performance of this contract, the Contractor shall strictly adhere to all FROM applicable federal and State laws, rules, and regulations that have been or may hereafter be established. 5. EMPLOYEE FINANCIAL INTEREST. CRS 24- 18-201 CRS 24- 50-507 The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest whatsoever in the service or property described herein, Effective Date: July 1, 2003 IN WJTNE'' SS WHEREOF, the parties hereto have signed this Contract in duplicate. Centractor NICUSA, Inc. BY: BY:7 T N Name: .Harry "Herangt on f True: it A j ►L Z r r t •r Date: yc f -"r 1 SIPA Typed Name: Title: Date -05 (TUE }SEP 5 2008 15 :45/ST.1S:34/No.7380010287 P 20 FROM (TUE)SEP 5 2008 15 :48/ST.15:34/Ho.7380010287 P 31 Exhibit 1 Date: Task Order No. In accordance with Paragraph of the Portal Integrator Contract between the State Internet Portal Authority (SIPA) and <contractor's name> (Contractor) covering the period of (contract start dare) through (contract end date) the parties agree to the supplies/services affected by this Task Order as follows: Task Order tracragRA The Contractor shall perform the task in accordance with (the following specifications/statement of work) described in the Contractor's task order proposal dated as amended by amended task order proposal dated both of which are hereby incorporated by reference. Price/cost The agreed firm; fixed price consideration for the development activities described herein (but not including any portion of the Total Fees generated from the State Portal) is The maximum amount of consideration for the operational activities described herein (but not including any portion of the Total Fees generated from the State Portal) is The total Contract value to include all previous amendments, task orders,. etc., (but not including any portion of the Total Fees generated from the State Portal) is _J. The amount of consideration to be paid .hereunder is intended to be funded by state appropriated funds or federal funds. Performance Period 2 Al4iP LE TA$1C ORD1N'R The Contractor will complete the performance in this task order by This task order is executed pursuant to Paragraph of the original Contract. The parties agree that all work shall be performed according to the standards, procedures, and terms set forth in the original contract. In the event of any conflict or inconsistency between this amendment and the original contract, such conflict or inconsistency shall be resolved by reference to these documents in the following order: original Contract, attachments/exhibits to the original Contract, this Task Order, attachments/exhibits to this Task Order. The effective date of this Task Order is upon approval of SIPA. or (date), whichever is later. Please sign, date, and return all copies of this letter on or before 31 FROM (TUE)SEP 5 2008 15:48/ST.15:34/No.7380010287 P 32 Contractor Name: State oxt tha By: By: Name: Name: Title: Title: Date: FROM (TUE)SEP 5 2008 15: 48/ST. 15: 34/No. 7380010287 P 33 Exhibit II SAMPLE PORTAL BUSINESS PLAN DRAFT OUTLINE FOR COLORADO.GOV 1 Executive Summary 2 The Benefits and Challenges ofeCovernmentToday 2.1. Key Drivers for eGGovernrnrn ent 2.2. Making the Business Case: Efficiency Gains and Cost Savings 3 Colorado.gov Priorities, Goals, and Objectives 3.1. Responsibilities of the Portal Manager (Colorado Interactive, LLC) 3.2. Responsibilities of the Departments and Agencies 3.3. Duties of SIPA 4 Portal Improvement Plan (Technical_ Plan) 4.1. Web Site Redesign 4.1.1. Design Goals 4.1.2. Heuristic Criteria 4.1.3. Initial Evaluation of Colorado.gov and Recommendations 4.1.4. Site Infrastructure Improvements (Search Engine, etc.) 4.1.5. Hosting Recommendation 4.1.6.. Final Infrastructure 4.1.6.1. Network Topology 4.1.6.2. Internet Connectivity 4.1.6.3. Security Features 4.1.7. Recommended Hardware for Portal 4.1.8. Recommended Software for Portal 4.1.9. Disaster Recovery 4,1.10. Performance Metrics for Portal and Reporting 5 Portal Marketing Plan 33 FROM 5.1. Brand Awareness 5.2. Promotional Strategy 5.3, Monthly Accounts and Services 5.4, Service Packaging 5.5. Traditional Advertising 5.6. Measuring Results 6 Portal Customer Service Plan 6.1. Online Customer Survey Forms 6.2. Email Customer Service Support 6.3. Phone -Based Customer Support 6.4. Live Help for Constituents 6.5. Subscriber Support Services 7 General Portal Ramp -Up and Infrastructure Schedule (TUE)SEP 5 2008 15:48/ST.15:34/No.7380010287 P 34 8 Project Plan For Online Services 8.1. Initial Agency Meetings (Concurrent with Portal Business Plan Due Diligence) 8.2. Master Project Matrix of Identified Priority Applications (Free and Fee Services) 8.3. Migration of Existing Colorado.gov Applications 8.4. Application Development Guidelines 8.5. Priority List of New w Online Services (Free and Fee Services) 8.6. Project Plan for New Online Services 9 Portal Staff Plan 9,1. Required Staffing Level 9.2. Colorado Interactive Support Staff and Management Team 9.3. Recommended 12 Month Staffing Plan 9.4. Portal Organization Chart 10 Portal Financial Plan 10.1. Revenue Requirements 10.2. Proposed Proposed Portal Driver Record Services Fee 10.3. Market Research Supporting Proposed Driver Record Services 10.4. Forecasting Revenues for Other Revenue Services 10.5. Portal Operating Budget Based on Recommended Staffing Plan 10.6. Summary of Financial Plan 34 FROM 35 (TUE }SEP 5 2008 15:47/ST.15:34/No.73$0010287 P 35 Appendix 1 Anecdotal Savings by Constituents/End -user of Egoverntnent Appendix 2 Savings by Agencies Through eGovernrnent Appendix 3 Master Project List Appendix 4 Priority List of New Online Services Risk Analysis of Potential Applications Proposed Free Application List Proposed Fee Application list Appendix 5 Management Team Resumes FROM (TUE)SEP 5 2006 15:47/ST.15:34/No.7360010287 P 36 Attachment A Task Order Statement of Work FROM (TUE)SEP 5 2008 15:47/ST. 15: 34/No. 7380010287 P 37 37 Attachment 8 Task Order Rates FROM (TUE)SEP 5 2006 15:47/ST.15:34/Mo.7360010287 P 38 FIRST AMENDMENT TO THE MASTER AGREEMENT January 31, 2006 1. Article 3: Task Order Consideration and Portal Funding, Section B. Portal Services Fees and Charges, subsection 2, Portal Accounts, paragraph b., subparagraph is amended to read as follows: "Contract administration fee payable to SIPA shall be $37,500 per month, plus two percent (2 of Net Revenue received by the Portal from Work Orders, including the separate Vendor Agreement (Driver Histories) with DOR, but excluding Task Orders, during that month; the first priority for amounts in excess of SIPA operating expenses shall be additional Portal services via Task Orders, "Pursuant to Article 1, Section B, subsection 2, Contractor will prepare an Annual Business Plan for Approval by the Board. Portal Resources will be projected by the Contractor in the Annual Business Plan. Separately, but at the same time, the corresponding projected amounts calculated under the contract to be paid to SIPA as contract administration fees will also be provided." 2. Article 30: Third Party Beneficiaries, is amended to read as follows: "(a) Except as set forth in section (b) below, it is expressly understood and agreed that the enforcement of the terms and conditions of the Contract and all right of action relating to such enforcement, shall be strictly reserved to SIPA and the Contractor or their permitted assigns. Nothing contained in this Contract shall give or allow any claim or right of action whatsoever by any other third person, except as set forth in section (b), It is the express intention of SIPA and the Contractor that, except as provided in section (b), any such person or entity, other than SIPA or the Contractor or their permitted assigns, receiving services or benefits under this agreement shall be deemed an incidental beneficiary only. (b) Anything herein to the contrary notwithstanding, it is expressly understood and agreed that each Eligible Government Entity that is a party to an Eligible Government Entity Agreement shall be a third party beneficiary with respect to Article 8, Intellectual Property Indemnification and Special Provisions Section 1, Indemnification, of this Contract and shall have the right to enforce the terms and conditions of such provisions and all right of action relating to such enforcement subject to the same obligations, requirements, and limitations as apply to SIPA; provided however, that the various entities of Colorado government shall be collectively entitled to but one award and one measure of damages for each incidence of indemnification, and further provided that if more than one Eligible Government Entity is involved, the Contractor shall be required to pay attorney's fees, if applicable, for only one counsel for all such entities. Contractor and/or SIPA shall provide notice of any indemnification claim by one agency to all Eligible Government Entities that may be affected by such claim no later than five business days from receipt of notice of the claim." FROM (TUE)SEP 5 2008 15:47/ST.15:34/No,7380010287 P 38 First Amendment Page 2 IN WITNESS WHEREOF, the parties have signed this First Amendment to the Master Agreement in duplicate: Contractor Colorado Interactive LLC SIPA By: /C Rich Olsen, General Manager By: Repfsentative Bill Cadman, Chairman SECOND AMENDMENT TO AND RENEWAL OF STATE OF COLORADO STATEWIDE INTERNET PORTAL AUTHORITY MASTER CONTRACT WITH INTEGRATION CONTRACTOR TO DESIGN, BUILD, OPERATE, MAINTAIN AND ENHANCE A STATEWIDE INTERNET WEB PORTAL This Amendment (the "Amendment to and Renewal of the "State of Colorado Statewide Internet Portal Authority Master Contract with Integration Contractor to Design, Build, Operate, Maintain and Enhance a Statewide Internet Web Portal" (the "Contract is made this 7/ay of May 2010, by and between the Statewide Internet Portal Authority "SIPA and Colorado Interactive, LLC "Contractor as successor in interest to NIC Inc. WHEREAS, the parties previously entered into the Contract, effective May 19, 2005, and first amended January 31, 2006, under which Contractor is to provide to SIPA certain e- government and related services (collectively, the "Services and WHEREAS, pursuant to the Contract, SIPA has the option to renew the Contract for two (2) additional two (2) year periods, for a maximum renewal period of four (4) years; and WHEREAS, the initial term of the Contract expires on May 19, 2010; and WHEREAS, SIPA desires to exercise both of its option terms, resulting in a renewal of the Contract for the full four (4) years, and to amend certain terms of the Contract, as provided for herein; and WHEREAS, Contractor is agreeable to renewing the Contract for the four (4) year period, and also desires to amend certain terms of the Contract, as provided for herein; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Extension. SIPA hereby exercises both of its two year option terms, and the parties agree that the term of the Contract is hereby renewed and extended for an additional four (4) years so that the same has a natural expiration date of 11:59 pm, local time, on May 18, 2014. 2. Amendment. The parties agree that the Contract is amended, effective as of May 19, 2010, as follows: 1 a. Definitions. i. The definition of "Net Revenue" under Definitions, page 2 of the Contract is hereby deleted in its entirety and replaced with the following: "Net Revenue" means Total Fees less Statutory Fees, less merchant fees required to process credit cards and Automated Clearing House (ACH) transactions, less the amounts paid to the Department of Revenue (DOR) for Driver Histories and Motor Vehicle Title and Lien records under the separate Vendor Agreement with DOR. Should any sales and use, value added or other similar taxes (but excluding taxes based upon the income of Contractor) be imposed on the Services at any time during the term of this Amendment, such taxes will be automatically passed through Contractor to the end -users of the transaction(al) Portal Services. As a result, any such taxes paid by Contractor will also be deducted from Total Fees in determining Net Revenue, with SIPA's concurrence which will not be unreasonably withheld. b. Portal Services. i. Article 1, Section B.1.(Portal Services), subsection (d) is hereby deleted in its entirety and replaced with the following text: Participate in a governance structure established by SIPA and the Contractor for the State Portal activities that foster high- quality content, organization and structure, State Portal management processes, user interface, and opportunities for improvement; ii. Article 1, Section B.1. (Portal Services), subsection (f) is hereby deleted in its entirety and replaced with the following text: Assist SIPA in marketing the State Portal's capabilities and Services to Eligible Governmental Entities, but only at the request, direction and authorization of the SIPA Executive Director. Collaborate with Eligible Governmental Entities to market services developed under Work Orders or Task Orders to end users of portal online services; iii. Article 1, Section B.1. (Portal Services), subsection (g) is hereby deleted in its entirety and replaced with the following:. g. The agreement of Contractor to Task Orders or Work Orders under the EGE agreements, as evidenced by Contractor's signature, will be required before such Orders are effective. c. Task Order Consideration and Portal Funding; Portal Services Fees and Charges. 2 Article 3, Section B.1 (Collection of Fees and Transaction Charges) is hereby deleted in its entirety and replaced with the following text: Collection of Fees and Transaction Charges. Contractor shall collect Statutory Fees and Transaction Fees from Users of services approved for assessment of a Transaction Fee (e.g., for electronic record delivery or electronic transaction filing); such fees shall be recommended by Contractor in consultation with EGE, but are subject to the approval of SIPA. Contractor shall establish an accounting capability for Total Fee collection and distribution functions. This accounting capability shall include a numbered chart of accounts, books of original entry of all transactions, appropriate subsidiary ledgers, a general ledger that includes to -date postings, and an audit trail through financial statements. The accounting capability for Total Fee collection and distribution functions shall also include reports, both summary and detailed, that reasonably serve the needs of the EGEs for balancing purposes. Such reports shall be developed by the Contractor in consultation with the EGE. ii. The first paragraph under Article 3, Section B.2. (Portal Accounts), subsection (b)(ii), as amended by the First Amendment to the Contract, is hereby deleted in its entirety and replaced with the following text: A Contract administration fee payable monthly to SIPA of $37,500 per month, plus seven percent (7 of Net Revenue received for the applicable month by the Portal from Task Orders, but specifically excluding revenue from Task Orders issued by SIPA, during that month; a priority for SIPA's expenditure of amounts in excess of SIPA operating expenses shall be to purchase additional Portal services via Task Orders. iii. Article 3, Section B.2. (Portal Accounts), subsection (b)(iii) is hereby deleted in its entirety and replaced with the following text: All operating and administrative expenses for the State Portal including but not limited to load testing for portal applications and web pages, disaster recovery planning, and other expenses necessary for the successful operation of the State Portal. d. Rights in Data, Documents and Computer Software or Other Intellectual Property. i. Article 7, Section A. (License Rights Following the Termination for Cause or Expiration of the Contract), subsection (3) is hereby deleted in its entirety and replaced with the following text: load the Contractor Software on any servers for the Permitted Uses; 3 ii. Article 7, Section B. (Option of SIPA after Other Forms of Termination), subsection (3) is hereby deleted in its entirety and replaced with the following text: load the Contractor Software on any servers for the Permitted Uses; iii. Article 7, Section E. last sentence of the paragraph is hereby deleted in its entirety and replaced with the following text: Contractor shall provide an updated inventory of programs and versions of Third Party Software currently being used in the State Portal as part of the documentation stored in escrow with the source code. e. Dispute Resolution i. Article 16, first sentence is hereby deleted in its entirety and replaced with the following text: Except as herein specifically provided otherwise, disputes concerning the performance of this Contract which cannot be resolved by the Executive Director of the Statewide Internet Portal Authority and the General Manager of Colorado Interactive shall be referred in writing to the SIPA Board of Directors and NICUSA Management. f. Communications i. Article 21, all of the names and addresses are updated as follows: SIPA: Mr. John Conley, Executive Director 633 17 St., Suite 1610 Denver, CO 80202 Voice: 303 866 -4211 Copy to: Mr. Richard Westfall, Legal Counsel Hale/Westfall, LLP 1660 Wynkoop St., Suite 900 Denver, CO 80202 Voice: 720- 904 -6000 Contractor: Mr. Dan Morrison, President Colorado Interactive, LLC 600 17` St., Suite 2150 South 4 Denver, CO 80202 303 -534 -3468 Copy to: William Bradley, General Counsel NIC, Inc. 25501 West Valley Parkway, Suite 300 Olathe, KS 66061 Voice: 913 -754 -7002 g. Insurance Contractor i. Article 24, Section 2.b.1, is hereby deleted in its entirety and replaced with the following text: i. Amendment to Attachment B. The State Internet Portal Authority shall be named as a loss payee on all liability policies (except for Professional liability coverage). h. Choice of Law, Jurisdiction Venue i. Section 4, Choice of Law is hereby deleted in its entirety and replaced with the following text: 4. CHOICE OF LAW, JURISDICTION, AND VENUE. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been or may hereafter be established. Any legal action related to this agreement shall be brought in either a state or federal court within the City and County of Denver, Colorado. i. The following text is hereby added to the Contract as a new Attachment B: 5 Task Order rates shall be as contained in Attachment B -1, incorporated herein for all purposes, and are based on a market analysis of rates charged by other vendors providing comparable government services to those of the Contractor, under an arrangement similar to that established by the Contract. A market analysis will be conducted by Contractor and rate recommendations shall be submitted to SIPA for approval on an annual basis to ensure currency with prevailing market rates. j. Items Added to the Contract. The following provisions are hereby added to the Contract as new. Article 34: Second Amendment Additions: There is hereby agreed a new Article 34, Section A added to the Contract as follows: A. Operational Availability of Colorado.gov. The availability of the Colorado.gov homepage is critical to the success of SIPA and the Portal, and therefore, shall have a public availability of 99.9 percent except for routine and/or scheduled maintenance, the availability of dependent third party systems, the availability of essential services at the State Data Center, or other factors outside of Contractor's reasonable control. The Executive Director of SIPA shall receive monthly written reports detailing the availability of the home page www.colorado.gov. Any deviation from the required uptime should be explained in a monthly written report to the Executive Director of SIPA. Three (3) consecutive months of less than 99.9 percent availability will require a detailed plan to correct such deviation within thirty (30) days. Six (6) consecutive months of less than 99.9 percent availability may result in a financial penalty. If a financial penalty is to be levied, it will be calculated using the following formula: Average Net Revenue per Transaction (ANRT) based on a rolling previous twelve (12) month time frame, times the Average number of Transactions per Hour (ATH) over the same twelve (12) month time frame, times the number of hours of outage (NoH) (rounded to the nearest hour), times seven percent (7 (ANRT x ATH x NoH) x .07 Assessed Penalty ii. There is hereby agreed a new Article 34, Section B added to the Contract as follows: B. Operational Availability of Transaction Payment Engine. Many of the applications that citizens rely on require the transaction payment engine (TPE) to be fully functional and therefore, the TPE shall have availability of 99.9 percent except for routine and scheduled maintenance, the availability of dependent third party systems such as merchant processors, the availability of essential services at the State Data Center, or other factors outside of Contractor's reasonable control. The Executive Director of SIPA shall receive monthly written reports of the availability of the TPE. The Executive Director of SIPA should be notified via email within 6 sixty (60) minutes if the TPE is not operational for greater than thirty (30) minutes. The notification should include when the TPE went offline, the expected time of resolution, and individuals to contact for additional information. Financial penalties may result if the TPE is offline or unavailable such that it does not meet the required availability; the financial penalties will be calculated using the following formula: Average Net Revenue per Transaction (ANRT) based on a rolling previous twelve (12) month time frame, times the Average number of Transactions per Hour (ATH) over the same twelve (12) month time frame, times the number of hours of outrage (NoH) (rounded to the nearest hour), times seven percent (7 (ANRT x ATH x NoH) x .07 Assessed Penalty iii. There is hereby agreed a new Article 34, Section C added to the Contract as follows: C. Operational Availability of Vital Applications and Websites. There are many applications and websites that provide vital services to the citizens of Colorado. The goal is that each EGE application developed and hosted by the Contractor should have a public availability of 99.9 percent, excluding maintenance, availability of dependent third party systems, the availability of essential services at the State Data Center, or other factors outside of Contractor's control. The Executive director should be notified promptly via email if any of these applications and/or websites are unavailable for greater than two (2) hours during normal portal business hours, and greater than four (4) hours during portal non- business hours. All reasonable efforts must be made by Contractor to bring applications back online as quickly as reasonably possible. iv. There is hereby created a new Article 34, Section D added to the Contract as follows: D. Outage Notification. Outage notification shall be documented and follow the standard notification format used by Contractor. These notifications should include the following information at least, to the extent known: date of outage, cause of outage, expected time frame of resolution, person responsible for resolution or primary point of contact, websites and/or applications affected, and a list of user groups who have been notified. v. There is hereby created a new Article 34, Section E added to the Contract as follows: Change Control Process and Procedures. Contractor must have a standardized change control process in place that is furnished yearly to the Executive Director of SIPA. The change control process will cover changes to the information technology hardware and software 7 infrastructure critical for the routine operation of Portal online applications and services. vi. There is hereby created a new Article 34, Section F added to the Contract as follows: F. Content Management System Training. Training users on the Content Management System is important to its success, and as such Contractor should report monthly statistics on the training program. This reporting should include at least the following: number of users trained during the previous month, number of classes held during the previous month, number of classes scheduled for the upcoming month and the wait list for training. vii. There is hereby created a new Article 34, Section G added to the Contract as follows: G. Disaster Recovery Plan. Contractor must have a Disaster Recovery Plan and this plan shall be shared with the Executive Director of SIPA (a) on a yearly basis and (b) as changes are made to the plan. The Disaster Recovery Plan should be tested by Contractor at least once a year. The results shall be discussed with the Executive Director of SIPA. viii. There is hereby created a new Article 34, Section H added to the Contract as follows: H. Customer Satisfaction Reporting. Contractor shall establish, with input from SIPA, a customer satisfaction report template to use in reporting quarterly the portal's customer satisfaction. Result will be shared quarterly with the Executive Director of SIPA. This report shall indicate the average satisfaction rate of customers for the portal home page and for key applications developed on behalf of government agencies. It is understood that the customers for these two categories are separate and distinct. The report for portal home page satisfaction shall include factors such as frequency of use, navigation, appearance, content, and comments, and other factors as appropriate. The report for application development shall include overall satisfaction score, satisfaction with status reporting, satisfaction with project management, timeliness of development, quality of application, and other appropriate items. 3. Miscellaneous Provisions. a. Limited Amendment. Except as expressly provided for otherwise herein by this Amendment, all terms and conditions of the Contract, and first amendment thereto, shall remain unchanged and in full force and effect. The parties hereby ratify the Contract as now twice amended. 8 b. Counterparts; Facsimile Signature. This Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which shall constitute one and the same instrument. Signatures to this Amendment may be transmitted by facsimile or scanned and emailed. 4. Amended and Restated Agreement. The parties will cooperate following the signing of this Second Amendment, to produce an amended and restated version of the Agreement within six months of the signing, which incorporates into the original Agreement the changes from the First Amendment and from the Second Amendment, and which shall be dated as of the effective date of the Second Amendment. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have each executed and delivered this Amendment as of the date first written above. COLORADQ.J ERACTIVE, LLC By: STATEWIDE INT T PO L AUTH c ITY By: es I. ame: 17,1,,e, b. I Title: g,Xp.,G.v.� ✓t„ O rec.,.i -per" Dan Morrison, President 9 Attachment B -1 [To be furnished by Mr. Morrison] 10 Planner Update for TB February 1, 2012 Public Hearing Design Criteria and Construction Standards: Ordinance 389 , adopting Design Criteria and Constructions Standards and incorporating the standards into a new Chapter 14 of the Fraser Municipal Code is included in the packet. Public Hearing Subdivision Regulations: On November 2, 2011, the Planning Commission and Town Board held a joint public hearing on proposed amendments to the subdivision regulations. At the November meeting, staff took notes from comments made by the appointed and elected officials in addition to public comment. We appreciate the review comments and have integrated many of the suggested changes. On January 18, 2012, the Town Board discussed some policy issues that relate to the subdivision regulations. Staff has made final edits to the regulations based on the direction from the TB. On January 25, 2012, the Planning Commission reviewed the amended subdivision regulations and recommended approval. Please see PC Resolution 2012-1-01, recommending approval of the amended Subdivision Regulations for the Town of Fraser. Ordinance 391 , approving and adopting amended subdivision regulations is included in the packet. Public Hearing Zoning Regulations: On January 18, 2012, the Town Board reviewed the proposed amended regulations relating to the Business Zone District. RV parks, including the dumping of waste holding has been added as an allowable use as a major proposal permitted subject to obtaining a development permit. On January 18, 2012, the Town Board reviewed the proposed amended sign code. Staff has reduced the allowable square footage for freestanding and monument signs from 40 to 32. For now, staff is also proposing prohibiting EMC signs except for window and merchandise signs. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com Ordinance 392 , amending zoning regulations relating to the Business District and Signs and Outdoor Advertising Devices is included in the packet. Ordinance 393 , adopting various fees, rates and schedules is included in the packet. These new fees relate to Ordinance #389 which amends the general application policies may require the applicant to in the Town Code (Section 1-3-70) so that the Town provide a cash deposit to secure payment of the anticipated processing fees and additional costs related to the application not covered by the application fee. See the ordinance for the specific cash deposit fees. Please contact me with questions and/or comments. ctrotter@town.fraser.co.us. Thanks. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com MINIMUM DESIGN CRITERIA AND CONSTRUCTION STANDARDS Water System Sanitary Sewer System Street and Roadway System Stormwater System Private Infrastructure , TOWN OFFRASERCOLORADO 2011 TABLEOFCONTENTS LIST OF ATTACHMENTS ............................................................................................................... 4 ARTICLE 1 GENERAL PROVISIONS Sec 14-1-10. Standards Adopted Sec 14-1-20. Compliance Required Sec 14-1-30. Security for Access Permits Sec 14-1-40. Security for Improvements Agreements Sec 14-1-50 Penalties; Enforcement PART 1: DRAWINGS AND SUBMITTALS CHAPTER 1 PLAN SUBMITTAL REQUIREMENTS ..................................................................... 5 Section 1.1 General ..................................................................................................................... 5 Section 1.2 Preliminary Construction Plan Submittal ..................................................................... 5 Section 1.3 Final Construction Plan Submittal ............................................................................... 6 Section 1.4 Construction ............................................................................................................... 7 Section 1.5 As-Built Plan Submittal ............................................................................................... 7 CHAPTER 2 DRAWING REQUIREMENTS .................................................................................. 8 Section 2.1 Construction Plans ..................................................................................................... 8 Section 2.2 As-Built Drawings ......................................................................................................10 PART 2: PUBLIC INFRASTRUCTURE CHAPTER 3 STREET AND ROADWAY SYSTEM DESIGN ........................................................11 Section 3.1 Basic Design Policies ................................................................................................11 Section 3.2 Trip Generation .........................................................................................................12 Section 3.3 Street/Road Classifications .......................................................................................12 Section 3.4 Horizontal Alignment .................................................................................................13 Section 3.5 Cross Sections ..........................................................................................................14 Section 3.6 Vertical Alignment .....................................................................................................15 Section 3.7 Intersections ..............................................................................................................16 Section 3.8 Pedestrian Facilities ..................................................................................................17 Section 3.9 Signage and Striping .................................................................................................18 Section 3.10 Traffic Impact Analysis (TIA) ....................................................................................18 Section 3.11 Traffic Impact Study (TIS) ........................................................................................19 Section 3.12 Pavement Design ....................................................................................................20 Section 3.13 Grading ...................................................................................................................21 CHAPTER 4 WATER SYSTEM DESIGN .....................................................................................21 Section 4.1 General .....................................................................................................................21 Section 4.2 Basic Design Policies ................................................................................................22 Section 4.3 Water System Hydraulic Model .................................................................................22 Section 4.4 Required Easements .................................................................................................23 Section 4.5 Water System Infrastructure ......................................................................................23 Section 4.6 Potable Water Distribution System ............................................................................24 CHAPTER 5 SANITARY SEWER SYSTEM DESIGN ..................................................................32 Section 5.1 General .....................................................................................................................32 Section 5.2 Basic Design Policies ................................................................................................32 Section 5.3 Required Easements .................................................................................................32 Section 5.4 Sanitary Sewer Collection System .............................................................................32 Section 5.5 Flushing and Leak Testing ........................................................................................39 CHAPTER 6 STORMWATER SYSTEM DESIGN ........................................................................44 Section 6.1 General .....................................................................................................................44 Section 6.2 Basic Design Policies ................................................................................................44 Section 6.3 Required Easements .................................................................................................44 Section 6.4 Storm Sewer Piping and Manholes............................................................................44 Section 6.5 Storm Sewer Inlets ....................................................................................................45 Section 6.6 Culverts .....................................................................................................................45 Section 6.7 Bridge and Box Culvert Design ..................................................................................46 PART 3: PRIVATE INFRASTRUCTURE CHAPTER 7 STREET AND DRIVEWAY DESIGN .......................................................................46 Section 7.1 Basic Design Policy and Permitting ...........................................................................46 Section 7.2 Street/Driveway Classifications .................................................................................46 Section 7.3 Street Horizontal and Vertical Alignment ...................................................................46 Section 7.4 Street Cross Sections ................................................................................................46 Section 7.5 Individual Driveway Cross Section.............................................................................46 Section 7.6 Street Intersections ...................................................................................................46 Section 7.7 Pedestrian Facilities ..................................................................................................46 Section 7.8 Signage and Striping .................................................................................................46 Section 7.9 Pavement Design ......................................................................................................46 Section 7.10 Grading ...................................................................................................................46 Section 7.11 Structures ................................................................................................................46 Section 7.12 Culverts ...................................................................................................................46 Section 7.13 Revegetation, Erosion and Sediment Control ..........................................................47 Section 7.14 On-site Snow Storage .............................................................................................47 CHAPTER 8 WATER SERVICE LINE STANDARDS ...................................................................47 Section 8.1 General .....................................................................................................................47 Section 8.2 Potable Water Services .............................................................................................47 Section 8.3 Construction ..............................................................................................................50 Section 8.4 Service Line Connection ............................................................................................51 Section 8.5 As-Built Documentation .............................................................................................51 Section 8.6 Abandonment of Existing Service Lines ....................................................................51 CHAPTER 9 SANITARY SEWER SERVICE LINE STANDARDS ................................................52 Section 9.1 General .....................................................................................................................52 Section 9.2 Sanitary Sewer Services ...........................................................................................52 Section 9.3 Construction ..............................................................................................................54 Section 9.4 Service Line Connection ............................................................................................54 Section 9.5 As-Built Documentation .............................................................................................55 Section 9.6 Abandonment of Existing Service Lines ....................................................................55 PART 4: GENERAL CHAPTER 10 OTHER UTILITIES, EXTERIOR LIGHTING AND LANDSCAPING SPECIFICATIONS.................................................................................................55 Section 10.1 Underground Dry Utilities ........................................................................................55 Section 10.2 Aboveground Utilities...............................................................................................57 Section 10.3 Exterior Lighting Specifications ................................................................................... Section 10.4 Landscaping Specifications ........................................................................................ CHAPTER 11 TRENCHING, BEDDING AND BACKFILL .............................................................58 Section 11.1 Trench Zones ..........................................................................................................58 Section 11.2 Material ...................................................................................................................58 Section 11.3 Bedding and Backfill Installation ..............................................................................60 CHAPTER 12 ROAD AND TRAIL CUT STANDARDS AND REGULATIONS ..............................61 Section 12.1 Permit and Regulations ...........................................................................................61 3 Section 12.2 General Policies ......................................................................................................62 Section 12.3 Traffic Control ..........................................................................................................62 Section 12.4 Inspection and Warranty ..........................................................................................63 Section 12.5 Emergency Conditions ............................................................................................63 CHAPTER 13 REVEGETATION, EROSION AND SEDIMENT CONTROL ..................................63 Section 13.1 Introduction .............................................................................................................63 Section 13.2 Regulatory Requirements ........................................................................................63 Section 13.3 Revegetation ...........................................................................................................63 Section 13.4 Rip Rap ...................................................................................................................64 CHAPTER 14 PUBLICATIONS, REFERENCES AND DESIGN AIDS ..........................................64 CHAPTER 15 VARIANCE REVIEW PROCEDURE .....................................................................65 CHAPTER 16 DEFINITIONS .......................................................................................................65 LIST OF ATTACHMENTS ATTACHMENT NO. TITLE A-1 Approval Block A-2 As-Built Plan Submittal Block A-3 As-Built Plan Required Information (Street and Storm Drainage Systems) A-4 As-Built Plan Required Information (Water and Sanitary Sewer Systems) A-5 Utility Easement Widths A-6 Cross-Section for Arterial Street A-7 Cross-Section for Collector Street A-8 Cross-Section for Local Street A-9 Cross-Section for Private Street A-10 Cross-Section for Private Shared Drive A-11 Curb and Gutter A-12 Cul-de-Sac and Turnarounds for Streets A-13 Sidewalks and Trails A-14 Handicap Ramps A-15 Drive Cuts A-16 Fire Hydrant Detail A-17 Tracer Wire Detail A-18 Water Main and Service Line Bedding and Backfill Detail A-19 Polyethylene Wrap Detail A-20 Concrete Thrustblocks A-21 Mechanical Joint Restraint Details A-22 Length of Restrained Pipe A-23 Pipe Crossing Detail A-24 Pipe Encasement Detail A-25 Bore Casing Detail A-26 Locking Valve Box Detail A-27 Manhole/Structure/Valve Box Placement Shoulder Area A-28 Valve Box Concrete Collar Detail A-29 Structure/Manhole Concrete Collar Detail A-30 Optional Manhole/Structure Adjustment Detail A-31 Air Release Valve Structure A-32 Underground PRV Vault Plan View A-33 Underground PRV Vault Section View 4 A-34 Water Service Line and Curb Stop A-35 Water Meter Assembly Installation A-36 Water Well Meter House Elevations A-37 Water Well Meter House Floor Plan and Foundation A-38 Sewer Main and Service Line Bedding & Backfill Detail A-39 Standard Precast Concrete Manhole A-40 Shallow Precast Concrete Manhole A-41 Drop Precast Concrete Manhole A-42 Sewer Service Line Connection Detail A-43 Sewer Service Line Cleanout Detail Unpaved Location A-44 Sewer Cleanout Collar Detail Paved Location Article 1 General Provisions Sec. 14-1-10. Standards Adopted. (a) The Board of Trustees has adopted the Minimum Design Criteria and Construction Standards ("Standards") set forth in this Chapter, to govern various aspects of development and construction within the Town of Fraser. Presented in these Standards are the minimum design and technical criteria for the design and construction of additions and modifications to the following: (1) Water System; (2) Sanitary Sewer System; (3) Street and Roadway System; (4) Stormwater System; (5) Private Infrastructure. (b) Such Standards are applicable within the Town according to their terms and as provided in this Code. References in other parts of this Code to design criteria or construction standards shall be deemed to refer to the criteria and standards contained in this Chapter, unless the context otherwise requires. Sec. 14-1-20. Compliance Required . Among other things, such Standards specify minimum design requirements for water and sanitary sewer facilities, streets, driveways, drainage facilities, utilities, and other public and private facilities, and include permit and fee requirements for driveway construction and excavations or installations in public streets or rights-of-way. All persons undertaking any activities that are subject to such Standards are required to fully comply with all such Standards and requirements. Sec. 14-1-30. Security for Access Permits . (a) In cases involving driveway construction, excavations or installations in public streets or rights-of- way or other instances where an access permit is required pursuant to such Standards, as a condition of issuance of such permit, the applicant shall provide to the Town a cashier's check or letter of credit in such amount as is established from time to time by ordinance or resolution adopted by the Board of Trustees, to be held as security for proper completion of the excavation work provided in the permit. The formula established by the Board of Trustees for determining the 5 amount of financial security required is set forth in Appendix A to this Code. The Board of Trustees authorizes the Town staff to accept financial security provided in accordance with said formula and to approve the form of security, unless, in the Town staffs judgment, special circumstances require review by the Board of Trustees. (b) In the event the permittee fails to complete the work provided in the permit or fails to correct any deficiency found to exist during the warranty period provided in the Standards, then the Town may utilize all or a portion of such security as necessary to complete the work or correct the deficiency, including payment of all administrative costs and reasonable attorney fees incurred by the Town as a result of such failure. (c) After expiration of all warranty periods, and provided that the work has been completed in accordance with the permit, the remaining balance of said security, if any, shall be refunded or released. (d) As a condition of issuance of an access permit, the permittee shall agree to indemnify and hold harmless the Town against any and all damages or claims for damages, losses, costs, charges or expenses, that may be brought against it by any person by reason of the work performed pursuant to the permit, and against any losses or expenses, including reasonable attorney fees, incurred by the Town by reason of such work. The Town may draw upon the cashier's check or letter of credit deposited by the permittee to pay any such claims, damages, losses and expenses, and the permittee shall be liable to the Town for any amounts not covered by such security. Sec. 14-1-40. Security for Improvements Agreements. (a) In cases involving infrastructure construction, not associated with a subdivision, an Improvement Agreement (IA) is required. An IA is a written contract between the Town and the applicant providing for construction of improvements, with collateral security to guarantee completion of such improvements. Such agreement shall set forth construction specifications, dates for completion, cost estimates, terms and conditions for the acceptance of improvements, the form of security and any other provisions or conditions deemed necessary by the Board of Trustees to ensure that all improvements will be completed in a timely, quality and cost-effective manner. The agreement shall be recorded in the office of the Grand County Clerk and Recorder and shall run with the land and bind all successors, heirs and assignees of the applicant. (b) The provisions of the Fraser Subdivision Regulations, as contained in Chapter 17 of the Fraser Municipal Code, and particularly Article 6 of that Chapter, as such regulations may be amended from time to time by Fraser, shall govern with respect to the inspection and acceptance of the Secured Improvements, the deposit, use and release of collateral securing completion of the Secured Improvements, and all other matters relating to applicant Secured Improvements. Sec. 14-1-50. Penalties; Enforcement. (a) Every person convicted of a violation of any provision of this Chapter shall be punished as set forth in Section 1-4-10 of this Code. (b) Town staff are authorized to withhold or revoke any permits, certificates, or other approvals for any construction or activity which is not in compliance with the provisions of this Chapter. 6 (c) In addition to other remedies provided by law, the Board of Trustees may authorize appropriate actions and proceedings in law or in equity to prevent any violation of the provisions of this Chapter, to prevent unlawful construction, to recover damages, to restrain, correct or abate a violation and to prevent illegal occupancy of a building, structure or premises. PART 1: DRAWINGS AND SUBMITTALS CHAPTER 1 - PLAN SUBMITTAL REQUIREMENTS 1.1 GENERAL Per the Subdivision Regulations of the Town of Fraser (herein, all subdivision design and improvements shall be in accordance with the Town of Fraser Minimum Design Criteria and Construction Standards, current adopted version, and shall be prepared, signed and sealed by a Professional Engineer, licensed by the State of Colorado, who prepared and/or directed preparation of the construction plans. The project design and construction must also comply with all applicable federal, state and local regulations, (including but not limited to, Occupational Safety and Health Administration (OSHA) standards and the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) requirements) and shall be in accordance with the minimum standards of other applicable regulatory agencies and service providers. Review and approval of local facility designs by Fraser, its Engineer, or other agencies shall not relieve the Engineer of Record from responsibility for adequate design. If the Town determines that it is in Fraser through any development to ultimately serve future development, Fraser may require such oversizing as a condition of development/plan approval. The terms and conditions of payment for and/or cost sharing of such oversizing shall be addressed by separate agreement. 1.2 PRELIMINARY CONSTRUCTION PLAN SUBMITTAL Construction plans at the preliminary plan submittal stage must contain sufficient information and detail to determine that all Town standards can be satisfied. Three (3) copies of the submittal shall be provided. The Town and/or its Engineer may require additional copies, documentation, or calculations if necessary in order to complete its review. Each submittal shall, at a minimum, contain the information required by these standards and the Fraser Subdivision Regulations, although additional information may be required at the discretion of the Town. 1.2.1 Construction Plans See Section 2.1 - Construction Plans for requirements. 1.2.2 Survey Plat A survey plat shall be submitted, if a preliminary plat is not required, along with the construction plans. The survey plat or preliminary plat shall indicate all existing right-of-way, adjacent property ownership, easements and other information critical to the design. 1.2.3 Preliminary Geotechnical Report The Preliminary Geotechnical Report shall include a representative number of test bore locations and provide site soil conditions based on those test locations. The Geotechnical Report shall include recommendations and opinions on adequacy for the intended use of site(s) to be developed by the proposed grading as affected by soils engineering factors, including the stability of slopes. The Geotechnical Report shall also include soil testing for 7 corrosiveness (soil resistivity testing) for each test location and recommendations to protect ductile iron pipe, fittings, valves, and other metallic elements from corrosive deterioration. 1.2.4 Traffic Impact Analysis (T.I.A) and/or Traffic Impact Study (T.I.S.) A Traffic Impact Analysis and/or Traffic Impact Study shall be required for all developments proposing ADTs > 400. The Town, at its discretion, may waive such requirement. 1.2.5 Phasing Plan A phasing plan shall identify all improvements necessary for the project build-out condition and those improvements proposed to be constructed under each phase. 1.2.6 Water Line Layout Plan and Fire Flow Requirements For a new development, a Water Line Layout Plan, including horizontal and vertical detail, shall be submitted in a digital AutoCAD format acceptable to the Town. The fire flow requirements for the proposed building product type within a development shall be submitted with the plan. hydraulic water model to determine infrastructure requirements. All improvements shall be designed in accordance with the modeling results. For a development within an area where infrastructure currently exists, any upgrades required to the water system in order to provide adequate water service and fire flows for the proposed development shall be constructed by the Applicant. See Chapter 4 - Water System Design for requirements. 1.2.7 Sanitary Sewer Line Layout Plan For a new development, a Sanitary Sewer Line Layout Plan, including horizontal and vertical detail, shall be submitted in a digital AutoCAD format acceptable to the Town. The sanitary sewer hydraulic loading demands for the development shall be submitted with the plan. The capacity of the proposed and existing downstream infrastructure will be analyzed using this data to determine infrastructure requirements. All improvements shall be designed in accordance with the results of this analysis. For a development within an area where infrastructure currently exists, any upgrades required to the sanitary sewer system in order to provide adequate sewer service for the proposed development shall be constructed by the Applicant. See Chapter 5 Sanitary Sewer System Design for requirements. 1.3 FINAL CONSTRUCTION PLAN SUBMITTAL Final construction plans shall contain sufficient information to complete the construction of necessary improvements in accordance with these standards and the Fraser Subdivision Regulations. Three (3) copies of the submittal shall be provided. The Town and/or its Engineer may require additional plan copies, documentation or calculations, depending on the complexity of the application. All submittals shall, at a minimum, contain the following information: 1. Final Construction plans shall include all plan and profile sheets. See Chapter 2 - Drawing Requirements. 2. Final Geotechnical Report. provides for signatures of authorized representatives of Fraser and the Town Engineer prior to construction. be a facsimile of that appended in Attachment A-1 - Approval 8 Block. Final drawings for any public improvements submitted for approval signatures shall be signed and sealed by a Professional Engineer, licensed by the State of Colorado. Two (2) sets of the final construction documents including original signatures, seals and date from the Engineer of Record and two (2) electronic copies; each including one (1) PDF copy (with signatures and seals) and one (1) AutoCAD copy (format acceptable to the Town) shall be delivered to theTown within fifteen (15) days after acceptance of the final design and prior to commencement of work to install theimprovements. The PDF and AutoCAD file copies can be recorded on the same disk, so that only two disks are required for submittal. Construction shall not begin until the design documents have been approved by the Town, the required final plans submitted to the Town, and the approval block signed by all parties. 1.4 CONSTRUCTION The Applicant is responsible for all necessary permits and regulatory compliance (federal, state and local) for construction. The construction contractor(s) shall have a copy of the executed, approved construction plans in their possession at the construction site for the duration of the project. At any time during construction, should site conditions require modification to the approved plans, the Applicant shall notify the Town of the proposed change. All field modifications shall be reviewed and approved by the Town prior to construction. Any request for changes to the approved construction plans which do not change the intent of the design of the project may be agreed upon by the Applicant and the Town. Approval of said changes can be made in the field and signed off on all approved sets of construction plans. thth Construction of, or affecting, any public infrastructure is prohibited between October 15 and April 15 unless otherwise approved by the Town. 1.5 AS-BUILT PLAN SUBMITTAL 1.5.1 As-Built Plan Submittal Preliminary acceptance As-Built plan submittal shall include the following: 1. Two (2) full size paper copies of the as-built plans in 24" x 36" format stamped and signed by the Engineer of Record. 2. Two (2) electronic PDF copies of the preliminary as-built plans submitted with all signatures and seals affixed. Final acceptance As-Built plan submittal shall include the following: 1. Two (2) full size paper copies of the as-built plans in 24" X 36" format with all original signatures and seals affixed. 2. Two (2) electronic copies of the final as-built plans submitted in AutoCAD.dwg or AutoCAD.dxf format. The drawing shall be based or referenced to a known coordinate system, not an assumed local coordinate system. The digital file shall utilize the Colorado State Plane Coordinate System, in feet, North American Datum 1983 (NAD83) for horizontal control and NAVD 88 for vertical control, whenever possible. If GPS is not used, the Geographical Control Data Base (GCDB) should be used to obtain PLSS data in NAD 83 datum. The GCDB is available from the BLM at www.blm.gov/gcdb. The drawing shall include either a data dictionary to explain the layers, or a self-explanatory layering system. A permanent survey benchmark shall be shown on the plans. 3. Two (2) PDF copies of the as-built plans with all signatures and seals affixed. CHAPTER 2 - DRAWING REQUIREMENTS 9 2.1 CONSTRUCTION PLANS Drawing size shall be 24" x 36" and shall contain a title block, sequentially numbered sheets, scale, north arrow, date and the seal and signature of the Professional Engineer, licensed by the State of Colorado. Existing and proposed contours shall be at one foot (1') minimum intervals. Other intervals may be allowed and/or required by the Town, in developments with flat or steep terrain. Electronic media shall be provided for updating and maintaining information in the Town's Geographic Information System (GIS). The drawing shall be based or referenced to a known coordinate system, not an assumed local coordinate system. The digital file shall utilize the Colorado State Plane Coordinate System, in feet, North American Datum 1983 (NAD83) for horizontal control and NAVD 88 for vertical control, whenever possible. If GPS is not used, the Geographical Control Data Base (GCDB) should be used to obtain PLSS data in NAD 83 datum. The GCDB is available from the BLM at www.blm.gov/gcdb. The drawing shall include either a data dictionary to explain the layers, or a self-explanatory layering system. A permanent survey benchmark shall be shown on the plans. 2.1.1 Cover Sheet The cover sheet shall include the following: 1. Certification that: These construction plans for (name of development or project) were prepared by me under my direct supervision in accordance with the requirements of the Town of Fraser . Minimum Design Criteria and Construction Standards Name of Engineer of Record Name of Firm The statement shall be signed and stamped by the Professional Engineer, licensed by the State of Colorado, who prepared and/or directed preparation of the construction plans. 2. A vicinity map, at an appropriate scale, which shows the location and name of key arterial streets/roads in the vicinity of the proposed development. 3. Index of sheets. 4. Agency and emergency contacts list with names, phone numbers and email addresses. 5. A Utilities Notification Center of Colorado (UNCC) note with phone number (811) and website to be included on all applicable plan sheets. 6. Approval signature blocks per applicable standards. 2.1.2 Plan and Profile Sheets The plan shall include but not be limited to the following: 1. The scale shall be 1"=20'. A 1"=50' scale may be used upon written request and approval of the Town. 2. Locations and dimensions of existing and proposed property lines, easements, and rights-of-way. 3. Existing and proposed streets and roads shall be identified. 4. Survey line ties to section or quarter corners. 5. Waterline improvements shall be stationed using centerline of street stationing when the design of the waterline and street are concurrent. If the waterline is constructed in an open area or being installed under or adjacent to an existing street the stationing shall follow the centerline of the waterline alignment. 6. Centerline stations shall be provided for all intersecting waterlines. 7. Sanitary sewer line improvements shall be stationed along the centerline of the sanitary sewer line. 8. Existing and proposed street/road improvements, including shared driveways, sidewalk, 10 curb, gutter, pavement limits, trails, bridges, culverts, guardrails, handicap ramps, etc. A dashed line shall depict existing improvements and a solid line shall depict proposed improvements. 9. Elevation and station shall be noted for all points of horizontal or vertical alignment changes. 10. Match lines and consecutive sheet numbers. 11. Key map. 12. A legend to identify existing (dashed or thinner line weight and gray in color) and proposed (solid, heavier line weight and black in color) utilities and structures, including but not limited to: size, type, height, and location, as applicable. water fence lines fire hydrants ditches and/or swales sanitary sewer natural gas storm sewer electric telephone cable television trash enclosures signs snow storage guardrails retaining walls trees 13. Stations and critical elevations of all utility and drainage appurtenances. 14. All proposed water and sanitary sewer service line connections shall be shown on plans. The length of each service line constructed shall also be shown. 15. Snow storage areas. 2.1.3 Profile Sheet(s) The profile shall include, but not be limited to the following: 1. The vertical scale shall be 1" = 5'. 2. Existing (dashed or thinner line weight and gray in color) and proposed (solid, heavier line weight and black in color) grades. 3. Continuous stationing for the entire portion of the improvements shown in the plan view with the centerline station for all intersecting roadways and waterlines. 4. Existing (dashed) and proposed (solid) utilities. 2.1.4 Grading Plan A construction sheet shall contain the proposed grading plan illustrating the extent and limits of the land disturbance. The plan shall show existing site features and estimated quantities of cut- and-fill, and shall depict existing and proposed contours, using a contour interval of one foot (1'). 2.1.5 Drainage Plan A construction sheet shall contain a preliminary drainage plan. See Chapter 6 - Stormwater System Design. 2.1.6 Revegetation, Erosion and Sediment Control Plan. A construction sheet shall contain a revegetation, erosion and sediment control plan. See Chapter 13 - Revegetation, Erosion and Sediment Control. 2.1.7 Signage and Striping Plan A construction sheet shall contain the proposed signage and striping plan. See Chapter 3 - Section 3.9, Signage and Striping. 11 2.1.8 Detail Sheet(s) Detail sheets shall be included within the plan set to include the pertinent details as depicted in the attached drawings to these standards and any other details required to accurately and completely detail all improvements included within the project. 2.2 AS-BUILT DRAWINGS The as-built drawings shall identify and show all existing or abandoned utilities that were encountered during construction that were not shown on the design plans or that were shown on the design plans incorrectly, as well as any field modifications or other changes to the approved construction plans. The method to show locations is by the use of centerline stations as depicted on the construction plans with suitable distances and offsets given relative to these lines. All elevation information shall be based upon an existing on-site benchmark as depicted on the approved construction plans. The as-S-BUILT PLANS title. - visible when the plans are rolled up. The standard plan approval block, Attachment A-1 - Approval Block shall be removed from the title sheet and replaced with the as-built plan approval block as shown on Attachment A-2 - As-Built Plan Submittal Block. As-Built plans shall be in conformance to the Attachment A-3 - As-Built Plan Required Information (Street and Storm Drainage Systems) and Attachment A-4 - As- Built Plan Required Information (Water and Sanitary Sewer Systems). As-Built information shall be included on the electronic and paper copies. The following information shall be shown/corrected on the As-Built Drawings: 2.2.1 Street and Roadway System 1. Locations of street and road centerline, intersection radii, edge of asphalt, edge of gravel shoulder, and flowline of ditch, at fifty foot (50') maximum intervals, and at all beginning and end of horizontal curves. Vertical information should be included in order to determine centerline grades, cross-slope grades, superelevation rates, flowline grades, and side slopes. 2. All existing infrastructure in the street including, but not limited to: drainage appurtenances, vaults, manholes (both invert and rim elevations), inlets, catch basins, water valves, fire hydrants, etc. 3. Guardrail locations, types and alignment. 4. Retaining wall top and bottom elevations, locations, type, height and alignment. 5. Clear zone obstructions location, type and alignment. 6. All signage within the right-of-way: size, location, type and alignment. 7. Public utility easements and street right-of way locations and widths. Dimension the distance between the edge of right-of-way and the centerline of street improvements. 2.2.2 Waterline Improvements 1. Location of all waterline bends, tees, crosses and other underground fittings. 2. Location of the waterline from the edge of the street and from the boundary of the right- of-way or easement. 3. Location of any specialty items such as fire hydrants, meter vaults, pressure reducing valve (PRV) vaults, air release valve (ARV) vaults, couplings, etc. 4. Location of all valves, service lines and service line shut-off valves. 5. Note any right-of-way and easement information. 6. Note final invert elevations of all vertical bends with benchmark elevation referenced. 7. Note distance between the waterline and other underground utilities. 12 8. Note length, size, and material of line as installed. Note pertinent inverts as needed to clearly note final location of the waterline. 9. Note permanent easement monuments and property corners where used for ties. 10. Note the parcel lot number. 2.2.3 Sanitary Sewer Improvements 1. Manhole locations, types, rims and invert elevations. 2. Location of all service lines along the sewer line, location and elevation of the plugged end of the service line and the slope of the installed service line. 3. Location of the sewer line from the edge of the street and from the boundary of the right- of-way or easement. 4. Locations of any specialty items such as clean outs, manholes, etc. 5. Note any right-of-way and easement information. 6. Note final invert elevations with benchmark elevation referenced. 7. Note distance between the sewer line and other underground utilities. 8. Note length, size, and material of line as installed. Note pertinent inverts as needed to clearly note final location of the sewer line. 9. Note permanent easement monuments and property corners where used for ties. 10. Note the parcel lot number. 2.2.4 Storm Drainage Improvements 1. Manholes/inlets/catch basin locations, types, rims and invert elevations. 2. Storm lines locations, materials, lengths, slopes, diameter, location of catch basins and side sewer tees, and invert elevations. 3. Public utility easement locations and widths. 4. Retention/Detention system as-built volume of constructed system, pond storage and construction limits, overflow elevations and locations, discharge orifice diameters and locations. A certification letter is required from the Engineer of Record confirming that the pond volume, surface elevations, outlet structure detail and orifice diameters meet the design requirements and detail. The certification letter shall include the signature and seal of the Engineer of Record. 5. Drainage swale location, width, depth, side slopes, lengths and elevations of inlet and outlet locations. 2.2.5 Bridge and Box Culvert Structures 1. Horizontal and vertical dimensions, grade and layout of all structure components. 2. Structural steel reinforcing and construction joints within the structure. 3. Elevation of structural components and of stream bank, water surface at normal flow condition and water surface at the calculated 100-year flow event. 4. Guard rail location, types and alignment. 5. Location of all utility lines adjacent to and/or attached to the bridge structure. 6. All signage and lighting on or associated with the bridge structure. PART 2: PUBLIC INFRASTRUCTURE CHAPTER 3 - STREET AND ROADWAY SYSTEM DESIGN 3.1 BASIC DESIGN POLICIES All new street designs and related information shall meet the minimum standards within the Town of . Fraser Minimum Design Criteria and Construction Standards Any design standards not included within 13 these Standards will be subject to the minimum standards set forth in the most current publications found in Chapter 14 - Publications, References and Design Aids and approved by the Town. 3.2 TRIP GENERATION Average Daily Trip (ADT) generations for proposed development should be based on the type of occupancy for which the development is designed and shall be formulated from the following: DEVELOPMENT TYPE TRIPS GENERATED Single Family 8 ADT/Unit Multi Family 5 ADT/Unit Commercial 40 ADT/1000 Sq Ft Lodging 8 ADT/Occupied Room Restaurant 30 ADT/1000 Sq Ft Convenience Store 150 ADT/1000 Sq Ft Other uses not listed above shall use the Institute of Transportati (ITE) Trip Generation Manual for trip generation. Other acceptable data sources may be used in cases where the Trip Generation Manual does not provide the information necessary. 3.3 STREET/ROAD CLASSIFICATIONS The Townstreets/roads are classified a Functional classifications shall be established by the Town in accordance with Table 3.3. The Applicant may be required to conduct traffic counts to establish or change existing street classifications. Arterial Streets/Roads 1. The arterial street/road system links towns and other large traffic generators with minimal interference to through traffic movements and higher design speeds. The typical cross-section for an arterial street / road is shown on Attachment A-6 Cross-Section for Arterial Street. Collector Streets/Roads 2. Collector streets/roads provide a link between arterial streets/roads and local streets. More moderate speeds are typical on collector streets/roads. The typical cross-section for a collector street/road is shown on Attachment A-7 Cross-Section for Collector Street. Local Streets 3. Local streets primarily provide access from collector and arterial streets/roads to adjacent neighborhoods and other developments. A local street is a street whose primary function is to provide access to residences, businesses or abutting property rather than to serve through traffic. The street shall be designed for a design speed of not less than 20 mph. Posted speed limits for local streets shall be 20 mph. The typical cross-section for a local street is shown on Attachment A-8 Cross-Section for Local Street. Alleys 4. Alleys provide for limited access and will be subject to special review as appropriate to the land use plan. TABLE 3.3 STREET / ROADWAY CLASSIFICATION AND MINIMUM DESIGN CRITERIA ROW ROADBASE PAVEMENT CLASS ADT SHOULDER WIDTH WIDTHWIDTHWIDTH ARTERIAL See State Highway Access Code (CDOT) for design criteria HIGHWAYS 14 ARTERIAL 80' 56' 36' >600 10' STREETS COLLECTOR 60' 40' 24' <600 8' STREETS LOCAL 36' 36' 24' <400 6' STREETS ALLEYS 20' 20' 16' min N/A NOTES: 1) Increase for the minimum R.O.W./easement widths may be required by the Town to accommodate for on-street parking, drainage improvements, sidewalks, trails, excessive cut/fill slopes, intersections, clear zones, or required snow storage. 2) All arterial streets, collector streets, local streets, and private streets shall include valley pans, ribbon curbs or curbs and gutter as detailed in Attachment A-11 Curb and Gutter. 3) On the typical street sections identified above, valley pans or curbs and gutter shall be used when surface flow storm drainage is proposed at the edge of the street. The ribbon curb shall be used along the edge of street when storm drainage is proposed in a ditch section located off the edge of shoulder. 3.4 HORIZONTAL ALIGNMENT 3.4.1 Centerline Curve Radius Horizontal design criteria are established by the American Association of State Highway and Transportation Officials (AASHTO) publication, A Policy on Geometric Design of Highways and Streets. Criteria include centerline curve radius design, minimum tangent lengths and stopping sight distance. Compound curves and reverse curves are prohibited without prior approval of the Town. The minimum curve radius is ultimately determined by the stopping sight distance and sight triangle. The cross slope of all crowned streets shall be two percent (2%) from the centerline to the edge. In mountainous areas, all streets shall not be crowned, but shall slope toward the mountain, from the outside edge of pavement, for the full width. The outside shoulder shall slope away from the street edge. 3.4.2 Lane Widening Lane widening may be necessary on sharper curves and where large vehicle traffic is expected, and should be consistent with the design guidelines outlined inA Policy on Geometric Design of Highways and Streets. Turning templates may be required for streets and/or parking lot designs at the discretion of Fraser. 3.4.3 Dead-Ends and Turnarounds Dead-end streets are discouraged within Fraser. All dead-end streets require turnarounds or cul-de-sacs per Attachment A-12 Cul-De-Sac and Turnarounds for Streets. All turnarounds shall provide ten feet (10') of level, treeless ground around the perimeter. Special attention should be given to provide adequate functional snow storage and sight distance. All The maximum length of streets ending in turnarounds shall be five-hundred feet (500'). Additional turnarounds may be required for emergency services when topography dictates. All turnarounds shall be subject to review and approval of the Town of Fraser. 3.4.4 Switchbacks 15 A switchback is defined as a curve with a central angle of greater than one-hundred-twenty degrees (120°) and a radius less than or equal to one-hundred feet (100'). Switchbacks shall not be allowed on collector or arterial roadways. On all other streets and in mountainous terrain, when other alternatives may cause significant adverse impacts, the use of switchbacks may be allowed on a case-by-case basis, with approval from Fraser. Switchbacks shall be designed with a minimum centerline radius of sixty feet (60'). Maximum centerline grades within twenty-five feet (25') of a switchback curve and throughout the curve shall not exceed four percent (4%). Super elevation shall not exceed four percent (4%). Special attention should be given to provide adequate functional snow storage and sight distance. Widening of the streets/roadways around the curve may be necessary to allow for wide turning vehicles (i.e. fire trucks, snow plows, trash trucks, etc.). 3.5 CROSS SECTIONS 3.5.1 Surfacing Requirements All streets and roadways shall be paved with hot plant mix asphalt meeting locally available CDOT mix, as recommended by the Geotechnical Engineer, licensed by the State of Colorado, and approved in writing by the Town. Alternate hard surfacing materials may be permitted at the discretion of the Town. Pavement thickness shall be determined from a pavement design and specification based on a geotechnical report prepared for the project and anticipated vehicular loading by a Professional Engineer licensed by the State of Colorado. The CDOT Pavement Design Manual shall be used to determine vehicular loading and the pavement section of the street. The minimum pavement thickness shall be five inches (5"). Alleys in residential subdivisions shall be paved with surfacing requirements equal to the surfacing requirements for streets and roadways. 3.5.2 Crown/Superelevation The cross slope on all streets, including intersections, shall be two percent (2%). The maximum superelevation rate is two percent (2%) where the longitudinal grade of the street is less than five percent (5%). Where the centerline grade of the street is five percent (5%) or greater the superelevation can be increased to three percent (3%). Superelevation shall be required on all collector streets. Where superelevation is used, the minimum tangent lengths between curves shall be consistent with the design guidelines outlined in A Policy on Geometric Design of Highways and Streets. 3.5.3 Clear Zone The minimum clear zone required for vertical alignments, as proposed by the Engineer of Record and approved by Fraser. Embankment slopes steeper than 3:1 are considered critical slopes, on which a vehicle is likely to overturn. All newly constructed streets shall provide a minimum clear zone with a maximum 3:1 embankment slope. The clear zone includes any shoulders or auxiliary lanes. The clear zone width should be increased on the outside of curves to accommodate the path of an errant vehicle. Determination of the width of the clear zone should take into consideration right-of-way availability, environmental concerns, economic factors, safety needs, and accident histories. The AASHTO Roadside Design Guide may be used to determine clear zone widths for arterials and collectors. For local streets a minimum clear zone of ten feet (10') should be provided. If these minimum clear zone widths are not feasible, guardrail installation may be required. 3.5.4 Guardrail 16 The use of guardrail is discouraged and should not be used when it is economically feasible to remove the obstruction, correct the hazardous condition, or where it is determined that the guardrail would create a more serious hazard than the feature it would shield. Refer to the CDOT Roadside Design Guide for details. The use of guardrail may be necessary if any of the following conditions exist: 1. 2. A street built to Fraser Standards contains an isolated sharp curve in conjunction with a side slope steeper than 3:1. 3. A section of street having a history of vehicular accidents. When guardrails are considered for installation, especially for extended lengths, special provisions shall be made for adequate snow storage and removal and blowing/drifting snow. 3.6 VERTICAL ALIGNMENT 3.6.1 Centerline Grades The maximum centerline grade for all streets and roads is seven percent (7%). The minimum centerline grade for all streets and roads is one percent (1%). A minimum flowline grade of one percent (1%) shall be maintained around all full and partial cul-de-sac bulbs. If curb and gutter is proposed, the minimum flowline grade may be one-half percent (0.5%). Continuous grade changes shall not be permitted. The use of grade breaks in lieu of vertical curves is discouraged; however, if a grade break is necessary and the algebraic difference in grade does not exceed one-half percent (0.5%) along the street, the grade break will be permitted. 3.6.2 Vertical Curves See A Policy on Geometric Design of Highways and Streets for the standard for rate of vertical curv The minimum length is controlled by those standards and by stopping sight distances. 3.6.3 Stopping Sight Distance See A Policy on Geometric Design of Highways and Streets for minimum stopping sight distance requirements. 3.7 INTERSECTIONS All connections to existing asphalt streets will require the asphalt to be sawcut full depth and be paved with a neat line match to the existing surface. 3.7.1 Skew Angles All new street or driveway connections shall intersect existing roads at ninety degrees (90). Where this is not possible, the skew angle shall not be less than seventy-five degrees (75) from the existing street. An oblique street should be curved approaching an intersection and should be approximately at right angles for at least one-hundred feet (100') there from. No more than two (2) streets shall intersect at any point. 3.7.2 Minimum Curb Radius Minimum curb radius at the intersection of two (2) local streets shall be twenty feet (20'). Minimum curb radius at an intersection involving an arterial and/or a collector street shall be at least twenty-five feet (25'), unless a larger radius is deemed necessary by Fraser for maintenance and emergency services. Abrupt horizontal changes in alignment within a block are discouraged; but if necessary shall have the corners angled in accordance with standard engineering practice to permit safe vehicular movement. 17 3.7.3 Horizontal Offset All new street connections shall meet existing streets without an offset whenever possible. When a new development can access two different streets, access shall always be to the street with the lowest classification. When a street parallel to a railroad right-of-way intersects a street which crosses an at-grade railroad right-of-way, it shall, to the extent practicable, be at a distance of at least one hundred fifty feet (150') from the railroad right-of-way. Such distance shall be determined with due consideration of the minimum distance required for future separation of grades by means of appropriate approach gradients. 3.7.4 Grades All intersections shall utilize vertical curves. The minimum design speed for all vertical curves at intersections shall be 15 mph. Intersections shall be designed with a minimal grade whenever practical. In hilly or rolling areas, at the approach to an intersection, a leveling area shall be provided having not greater than a four percent (4%) slope for a distance of sixty feet (60'), measured from the edge of pavement or back of curb and gutter. The four percent (4%) only applies when intersecting streets are either: local streets, private streets and/or shared private drives. That maximum allowable slope is the greater of the slope measured at the centerline or edge of pavement on the approaching minor street. On all streets approaching arterials or collector streets, the maximum grade shall be two percent (2%) for the distance of sixty feet (60') measured from the edge of pavement or back of curb and gutter. 3.7.5 Corner Sight Distance The corner sight distance is measured from a point on the local street at fifteen feet (15') back from the edge of the collector street pavement flowline and measured from a height of eye at three and one-half feet (3.50') on the local street to a height of object at four and one-quarter feet (4.25') on the collector street. The distance shall be ten feet (10') for local-local street intersection measured from the pavement flow line. The minimum corner sight distance is defined in Table 3.7.5. Using the plan and profile of the intersection the Engineer of Record shall verify these minimum sight distances can be attained. TABLE 3.7.5 MINIMUM CORNER SIGHT DISTANCE DESIGN SPEED CORNER SIGHT DISTANCE (MPH)(FEET) 20 225 30 335 Sight distance shown is for a stopped passenger car to turn left onto a two-lane street with no median and grades of three percent (3%) or less. For other conditions, the time gap must be adjusted and required sight distance recalculated. Truck traffic entering onto streets requires longer sight distances. Any proposed public or private street or driveway regularly used by truck traffic may require an individual analysis. When the criteria for sight distance cannot be met, Fraser may deny the access, prohibit right or left turns by vehicles entering the street, or require speed change lanes. 3.8 PEDESTRIAN FACILITIES Sidewalks and trails shall be included with the project design and construction plan set. The type, width 18 and surface of the trail required depend upon the topography and general layout of the subdivision. See Attachment A-13 Sidewalks and Trails and Attachment A-14 Handicap Ramps. 3.8.1 Trail separation. Separation between public right-of-way and trails is encouraged unless topography or other physical constraints necessitate a trail adjacent to a public right-of-way. The minimum distance between public right-of-way and trails shall be ten (10') feet horizontally. Grade differential or differing surfaces shall be provided between trails and public rights-of-way to discourage crossover by vehicles, pedestrians and bicycles. 3.8.2 Trail width. Detached, paved, eight-foot-wide trails shall be provided adjacent to arterial and collector streets. 3.8.3 Trail construction. The type of construction for trails shall be compatible with the anticipated use. All trails shall be constructed to provide stable sub-grades suitable for support of heavy equipment and pavement. 3.8.4 Trail signage and markings. Way-finding and directional signs may be required at the discretion of the Town. Warning signs, stop signs and pavement markings shall be required at all intersections and street crossings. 3.8.5 Easements. Trails may overlap with other easements, provided that any overlapping easement does not compromise the functional use of any other easement. 3.8.6 Sidewalk width and location. Sidewalks shall be a minimum of eight feet (8') wide on each side of the street and shall be required in the Business Zone District and in all Mixed Use, Accommodation, Lodging and Commercial zoned planning areas in all Planned Development Districts (PDDs). Sidewalks in residential areas shall be required on at least one (1) side of the street if trails are not provided and shall be a minimum of five feet (5') wide. The typical sidewalk and trail is shown on Attachment A-13 Sidewalks and Trails. 3.8.7 ADA requirements. All trails and sidewalks shall be ramped at intersections and other pedestrian crossings and constructed in accordance with handicapped accessibility standards of the Americans with Disabilities Act (ADA). The typical handicap ramp is shown on Attachment A-14 Handicap Ramps. 3.8.8 Drainage. Adequate drainage measures shall be provided along and across trails and sidewalks to prevent erosion damage and to allow free passage of drainage flows. Surface drainage shall not sheet flow across a trail or sidewalk. Drainage shall cross a trail or sidewalk at specified locations. 3.9 SIGNAGE AND STRIPING All signs, striping, markers, delineators, signals and other traffic control devices must conform to the Manual on Uniform Traffic Control Devices (MUTCD) and the Colorado Supplement to the MUTCD. Pavement striping material and application shall be in accordance with the CDOT Standard Specifications for Street and Roadways Construction for epoxy paint materials and installation per Section 627.05 Epoxy Pavement Marking and for thermoplastic pavement markings per Section 627.06 Thermoplastic Pavement Marking. The area to be covered by the thermoplastic pavement marking shall be ground down one-eighth of an inch (1/8") so that the top of the thermoplastic pavement marking is flush with the street surface. Thermoplastic pavement markings shall be used for cross-walk lines, stop bars, turn lane lines at intersections, turn arrows, and school zone markings. Epoxy pavement marking shall be used for 19 centerline striping, no passing zone lines and edge lines along streets. All required street identification signage shall be approved by Fraser. Speed limit signs, stop signs, no parking signs, emergency turn around signs, striping and other traffic control devices shall meet current Town installation standards and shall be installed by and paid for by the Applicant. No signs are permitted within the public right-of-way without the approval of the Town. All sign sheeting shall conform to ASTM D4956-04 and the retroreflectivity requirements as defined in the Manual on Uniform Traffic Control Devices (MUTCD). All sign posts shall be the POZ-LOC Socket System as manufactured by Northwest Pipe Traffic Systems or approved equal. The sign post wall shall have a minimum thickness of 0.080 inches, a minimum weight per foot of 1.96 pounds per foot and be hot dipped galvanized. 3.10 TRAFFIC IMPACT ANALYSIS (TIA) A Traffic Impact Analysis, when required, shall be based on the projected traffic needs twenty (20) years after construction or build-out of the development and shall encompass the needs from existing development, future development, and the proposed development. Trip generations from future development over the design period shall be based on zoning, existing land use, proximity to developed areas, historic growth, and other factors expected to influence development. See Section 3.2 - Trip Generation and Section 3.3 - Street/Road Classifications for vehicle trip calculations and street classifications. The TIA shall be prepared by a Professional Engineer, licensed by the State of Colorado, and shall contain, but not be limited to: 1. A description of the proposed land use, a site plan and an overall plan view of proposed streets within the development and all accesses to Fraser streets with offset distances to other intersections (including driveways) within one-thousand-five-hundred feet (1,500') of the site. 2. On-site issues including number and location of driveways, parking needs/layout, circulation, pedestrians, truck access and operations, transit and safety. 3. Description of and maps depicting existing street/transportation conditions affected by the development. 4. Identification of traffic congestion, street classifications, and possible deficiencies of the existing transportation system affected by the development. This should address and anticipate events. 5. Anticipated nearby land development (planned or under construction) and associated traffic, along with the anticipated trip generation, and daily and peak-hour traffic volumes of the proposed development at full build and at any interim construction phase. 6. The impacts of the development on the existing street and transportation system and the need for potential improvements to existing streets, such as horizontal alignment and vertical alignment. Based on the results of this analysis, a Traffic Impact Study (TIS) including traffic counts may be required by the Town. The Applicant/Developer is responsible for any permits/approvals required by the Colorado Department of Transportation. 3.11 TRAFFIC IMPACT STUDY (TIS) A Traffic Impact Study, when required, shall be prepared by a Professional Engineer, licensed by the State of Colorado, and shall include but not be limited to the following information: 1. A scaled map of the vicinity showing all streets and highways adjacent to the site, a scaled map of the study area including land uses, and a map of the immediate access area, a plan showing on-site anticipated vehicular circulation patterns. 2. Map identification and textual consideration of all accesses that are existing and possible future 20 access locations including signal locations for at least one-half (½) mile in each direction along the street as well as all potential roadway and signal improvements. 3. Evaluation of current daily and peak hour traffic data and 20year projections including turning movements at all intersections and any key year midpoints assuming a build out of the study area based upon zoning, comprehensive plans and growth estimates. 4. An evaluation of the level of service and capacity for all design and traffic operation elements including mainline street and affected intersections. 5. An analysis of the clear zone and the horizontal and vertical sight distances. 6. Accurate and understandable diagrams. 7. All assumptions and adjustment factors. 8. An analysis of all reasonable alternatives including no build or alternative street access. 9. Current and projected travel speed, travel time and delay time within the study area that will be impacted by the access proposal. 10. Site traffic generation rate estimates and resulting trip generation distribution and assignments. th 11. Analysis of queue lengths for all turn lanes affected to the 20 year. 12. A safety analysis including conflict points, turning movements and three (3) years of accident history. 13. A conceptual design showing all geometric elements and their approximate dimensions with analysis of any element of the access that will be below standard. 14. Sources of information, data and references. 15. The existence of any current traffic problems in the local area such as a high accident location, confusing intersection or an intersection in need of a traffic signal. 16. The current projected level of service of the street system adjacent to the development, which will be significantly affected. 17. The sensitivity of the adjacent neighborhoods or other areas that may be perceived as impacted. 18. The proximity of the site driveways to the other access points or intersections. 19. The ability of the adjacent existing, or planned, street system to handle increased traffic or the feasibility of improving the roadway system to handle increased traffic. 20. Other specific problems or deficiencies that may be affected by the proposed development or affect the ability of the development to satisfactorily accommodate seasonal traffic volumes, phased construction, opening day/special events. 3.12 PAVEMENT DESIGN 3.12.1 Design Structural sections shall be designed for all new streets or existing streets being upgraded due to increased traffic. The Applicant shall provide a pavement design report performed by a Geotechnical Engineer, licensed by the State of Colorado, prior to approval of the final street design. The structural section shall include the asphalt and/or concrete street surface and the aggregate street sub-base. Aggregate sub-base shall be Class 6 road base material and/or Class 6 road base material in combination with other locally available CDOT aggregate classifications to meet the design requirements for the street per the geotechnical report pavement design. The final pavement design for all streets must meet all the procedures and requirements within the CDOT Pavement Design Manual. Minimum as-built thickness of asphalt shall be five inches (5"). Hot mix asphalt shall be placed only on properly prepared unfrozen surfaces which are free of water, snow and ice. The hot mix asphalt shall be placed only when both the air and surface temperatures equal or exceed the temperatures specified in the following table and the Engineer determines that the weather conditions permit the pavement to be properly placed 21 and compacted. Placement Temperature Limitations in °F Compacted Minimum Surface & Air Temperature (°F) Layer Thickness in Top Asphalt Lift Bottom Asphalt Lift Inches < 1 ½ 60 50 1 ½ - < 3 50 40 3 or more 45 35 *Note: Air Temperature is to be taken in the shade. Surface is defined as the existing base on which the new pavement is to be placed. If the temperature falls below the minimum air or surface temperatures, paving shall stop. If more than two (2) lifts of asphalt are proposed, consult with the Town of Fraser for placement temperature requirements. 3.12.2 Construction/Testing Requirements The sub-base and base shall be placed and compacted in uniform layers that do not exceed eight inches (8") depth after compaction. All asphalt shall be placed in multiple lifts with each lift being one and one-half inches (1½") minimum or three inches (3") maximum after compaction. The top lift of asphalt shall be placed within fourteen (14) days following installation of the bottom lift of asphalt. In the event that the top lift is not placed within the fourteen (14) day timeframe, prior to placement of the top lift of asphalt a Geotechnical Engineer shall inspect the existing asphalt lift to insure that it is free of dirt and debris and is structurally sound to properly bond to the top lift of asphalt. The Geotechnical Engineer shall also certify that the completed asphalt structure has not been compromised by this delay and that it meets the approved pavement design. Paving shall not start until sub-grade compaction tests are taken meeting the requirements of the plans, these standards and final pavement design. Compaction for the street base course shall meet ninety-five percent (95%) of standard proctor density of the material within two percent (2%) of optimum moisture content as determined by AASHTO T-180. Compaction testing for embankment and base course shall be performed every two-hundred linear feet (200 LF) on every other lift staggered within the street unless otherwise recommended by a Geotechnical Engineer, licensed by the State of Colorado and approved by Fraser. Compaction for the hot mix asphalt shall meet a density of ninety-two percent (92%) to ninety- six percent (96%) of the maximum theoretical density, determined by CP-51. Field Density determination shall be made in accordance with TCP-81. Testing shall be performed on each lift at intervals of one (1) test per two-hundred linear feet (200 LF) per lane. Test locations on each lift and each lane shall be staggered. At completion of construction, as part of the preliminary acceptance, Fraser will select representative locations to take asphalt corings as confirmation of asphalt depth and consistency of the asphalt section. Fraser will contract directly with a company to perform this work and will back charge the Applicant for the cost. Fraser may elect to waive this requirement if sufficient water valves and manholes are present within the street project to verify asphalt depths throughout the project from the concrete/asphalt collar installation process. 22 3.13 GRADING Slopes should be gradual at all intersections to allow for sufficient snow storage and not interfere with the intersection sight triangle. All specifications for earthwork compaction, moisture content, materials, and construction limitations shall be based on recommendations within the geotechnical report and within the appropriate utility standards and these street/roadway standards. 3.13.1 Retaining Walls Retaining walls required for public improvements shall be located within the Fraser right-of- way. Additional right-of-way or easements may be required in these areas to protect the slope and design features of the retaining wall. Retaining walls for improvements on private property shall not extend into the public right-of-way or easements. Retaining walls shall not be installed over any utility without sleeving and prior written approval of Fraser and the utility owner. All retaining walls over four feet (4') in height, measured from bottom of footing to top of wall, shall be designed by a Professional Engineer, licensed by the State of Colorado. Design calculations, layout and construction details must be provided with final plans for review and approval by Fraser. Gabion baskets shall not be used within the Town right-of-way. Retaining walls shall not be positioned near flowlines unless proper design and erosion control installation has been addressed. The Applicant shall obtain all necessary permits. 3.13.2 Slopes The maximum cut/fill slope requirement is three vertical feet to one horizontal foot (3':1'). Slopes exceeding the 3:1 grade shall not be considered usable snow storage. Slopes shall be protected from erosion. CHAPTER 4 - WATER SYSTEM DESIGN 4.1 GENERAL Fraser operates and maintains the municipal water system. The system consists of five pressure zones, water supply wells and transmission lines, booster pump stations, water treatment facilities and distribution lines, pressure reducing valves and water storage tanks. The five pressure zones and their respective service areas are defined as: Blue Pressure Zone Elevations 8600 to 8680 Yellow Pressure Zone Elevations 8680 to 8860 Green Pressure Zone Elevations 8860 to 9080 Red Pressure Zone Elevations 9080 to 9300 Purple Pressure Zone Elevations 9300 to 9460 Maps of existing service areas can be viewed at the Fraser Town Hall. Three water storage tanks and a series of pumps provide the water pressure to operate the system. The existing Blue Zone tank is an underground concrete tank. The over flow of the Blue Zone tank is at elevation 8795.0 (NGVD 29 Datum). The Yellow Zone tank currently serves portions of development on East Mountain and West Mountain (US Highway 40 being the division line). An additional Yellow Zone tank is proposed for West Mountain as development continues. The existing Yellow Zone tank is an underground, post-tensioned concrete tank. The over flow of the Yellow Zone tank is at elevation 8964.2 (NGVD 29 Datum). The Green Zone tank currently serves a portion of development on East Mountain. An additional Green Zone tank is proposed for West Mountain as development continues. The existing Green Zone tank is an 23 underground prestressed concrete tank. The over flow of the Green Zone tank is at elevation 9174.0 (NGVD 29 Datum). The Red Pressure Zone on East Mountain is served by water booster pumps at the Green Zone tank site. A future Red Zone tank is proposed for West Mountain at some future point required by development. The Purple Pressure Zone is proposed for West Mountain at some future point required by development. It will serve an area proposed for development by booster pumps from the West Mountain Red Zone tank. The Blue Zone System is connected to the Yellow Zone and Green Zone Systems through a pressure reducing valve (PRV) located in Old Victory Road. The Yellow and Green Zone Systems are connected by booster pumps and two PRVs to control the pressure and flow within their respective zones. In the event of a fire within a lower pressure zone, water stored in the upper pressure zone water storage tanks is available to meet fire flow requirements. 4.2 BASIC DESIGN POLICIES All new water system designs and related information shall meet the requirements of the Town of Fraser Minimum Design Criteria and Construction Standards, and the requirements and approval of the State of Colorado, Design Criteria for Potable Water Systems. Any design standards not included within these Standards shall be subject to the minimum standards set forth by the American Water Works Association or in other current publications found in Chapter 14 - Publications, References and Design Aids. In all cases the more stringent standards and design criteria shall be applicable. 4.3 WATER SYSTEM HYDRAULIC MODEL The Town has prepared a Water System Hydraulic Model. The hydraulic model was prepared using the layout and detail of the existing Fraser municipal water system components, flow rates and water pressures at various fire hydrant locations. The hydraulic model is utilized to forecast flow rates and water pressures for system extensions to determine if the proposed development improvements meet minimum current requirements of the National Fire Code standards. 4.4 REQUIRED EASEMENTS Where the municipal water system is to be located out of the public right-of-way, the Applicant shall be responsible for obtaining easements required for the construction, maintenance, and operation of the facilities. The legal description for the easements shall be prepared by a Registered Land Surveyor in the State of Colorado. Easements shall be in a form acceptable to the Town and shall be shown on the design and as-built drawings. Fraser will not approve the design documents until all required easements have been deeded to Fraser. The minimum width of easements for a single pipeline shall be thirty feet (30'). Temporary construction easements shall have a minimum width of forty feet (40'). An easement containing both a water line and a sewer line shall be no less than thirty-six feet (36'). Wider easements shall be required for deep sections of pipeline, multiple lines, steep terrain, or where otherwise required by Fraser. Deep sections of pipeline is defined as the water line depth of cover exceeding nine feet (9') and/or the sanitary sewer line depth of cover exceeding seven feet (7'). Easement widths for deep lines are determined using Attachment A-5 Utility Easement Widths. For any service line curb stop located outside of a public right-of-way or utility easement, a rectangular shaped utility easement shall be provided. The rectangular easement shall extend two feet (2') on each 24 side of the service line from the boundary of the right-of-way or utility easement to four feet (4') behind the curb stop. WATER SYSTEM INFRASTRUCTURE 4.5 4.5.1 Groundwater Well Design and Construction Water wells that are to be designed and constructed for the Town of Fraser shall meet the State of Colorado; Rules and Regulations for Water Well Construction, Pump Installation, and Monitoring and Observation Hole/Well Construction (Water Well Construction Rules) 2 CCR 402-2. 4.5.2 Water Well and Meter House Structures All water well appurtenances related to the operation of a production well for the Town of Fraser shall be installed indoors of a structure per Attachment A-36 Water Well Meter House Elevations and Attachment A-37 Water Well Meter House Floor Plan and Foundation. Electrical services and/or photovoltaic solar powered services shall be provided to the site in order to operate lighting, heat and pump controls as well as all necessary telemetry and SCADA control systems, as defined in Section 4.5.3. 4.5.3 Telemetry and Supervisory Control and Data Acquisition Systems Telemetry and Supervisory Control And Data Acquisition (SCADA) systems shall be provided at all new water system production and distribution facilities and shall be compatible and conform to the detail of the existing telemetry and SCADA systems, as determined by Fraser. 4.5.4 Water Storage Tanks Water storage tanks shall be underground, circular post-tensioned concrete storage tanks. Storage tanks shall be sized and located to meet the requirements of the area to be served and as approved by the Town. Multiple tanks within the same pressure zone shall be designed, detailed and built to operate in unison. The pressure set points shall be coordinated to provide equal pressures within the system. The concrete underground tanks shall have a reinforced concrete floor slab, post tensioned concrete walls and roof slab. Columns shall be incorporated to assist in support of the roof. Eighteen inches (18") of soil material shall cover the roof for insulation and aesthetics. The tank shall be designed in conformance with AWWA Standard D115-95. Two, four foot (4') by six foot (6') access hatches shall be installed within the roof slab. Access hatches shall be lockable and stainless steel. One configured for personnel accessibility, the second for equipment accessibility. Each hatch shall be installed at a height of eighteen inches (18") above finish grade to prevent soil and debris from falling into the tank from the surrounding area. The tank shall have a separate inlet and outlet piping located at opposite sides of the tank floor to promote water circulation when filling and withdrawing water from the tank. Connection to the water distribution system will utilize check and gate valves to control the inlet and outlet flows from a valve structure adjacent to the tank. Tank vents and screens shall be located sufficiently above finish grade to prevent them from being covered by drifting snow. A floor drain will be located at the center of the tank to drain the tank if necessary. The drain pipe will be operated with a gate valve and the drain line will release water to an external above ground location. The drain pipe shall include a one-way flap gate at the external above ground location, installed on a concrete headwall, to open only when in use and be normally closed to prevent animal/rodent access into the pipe. An internal tank overflow will be installed to the same drain line to prevent overfilling the tank. 25 Electrical services and conduit shall be installed at each roof access point necessary to connect services from one tank hatch to the other and shall be buried in a straight line between the hatches and at a depth as required by the NEC. 4.5.5 Pressure Reducing Valve (PRV) Vaults Pressure reducing valves (PRVs) are required to interconnect the pressure zones within the Fraser municipal water system at locations required by topography to adequately service development within the Town of Fraser. The pressure reducing valves shall be installed inside a below ground precast rectangular water-tight concrete vault as detailed in Attachment A-32 Underground PRV Vault - Plan View and Attachment A-33 Underground PRV Vault - Section View. The PRV bypass gate valve shall be installed with a locking valve box as detailed in Attachment A-26 Locking Valve Box Detail. The PRV vault shall include two pressure reducing valves connected in parallel, with capability to isolate either PRV for maintenance. One PRV shall be designed and set to operate with the system minor flow requirements. The second PRV shall be designed and set to operate with the system major flow requirements. Fraser will review the PRV location, sizing and proposed settings in conjunction with their hydraulic model. The PRV vault shall be accessible through a water-tight manhole frame and cover. All pipe/vault wall penetrations shall be water-tight. A sump shall be incorporated into the vault floor to contain minor water spills during operation and maintenance. All piping within the PRV vault shall be installed on a horizontal plane with no binding connections and with adequate pipe clearances from all walls for maintenance and repair. Pipe stands shall be installed to adequately support all piping and valves. 4.6 POTABLE WATER DISTRIBUTION SYSTEM 4.6.1 Design, Layout and Sizing The water distribution system shall be designed to meet the more stringent of the following two conditions: 1. Maximum hourly demand with pressures not less than 40 psi at any point of the distribution system, or 2. Maximum daily demand rate plus fire flow demand (as determined by ISO guidelines) with delivery pressures of not less than 20 psi at the hydrant. The normal minimum size water distribution main shall be eight inch (8"). The Engineer of Record should review the output detail of the Water Hydraulic Model to determine if oversizing of any lines are required for transmission purposes. Dead-end lines are discouraged and will only be allowed with prior approval of Fraser. Any dead end line approved shall have a fire hydrant assembly installed at the end of the line. Water Engineer during the review process. The systems shall be designed to maximize interconnections, creating loops within the system and streng Where certain lines may also serve a transmission function, in the opinion of Fraser, Fraser may direct that such lines be oversized, and the Applicant's Engineer shall so design the system. In this case, Fraser will pay the incremental oversize costs. State Regulations require a ten foot (10') minimum horizontal separation measured from outside of pipe to outside of pipe between the potable water line and any line carrying water 26 of lesser water quality than potable water (i.e.: sanitary sewer, raw water, storm sewer, irrigation water, etc.). When located in public streets, potable water pipelines shall be located approximately eleven feet (11') north or east of, and parallel to, the roadway centerline. Curved water line alignments shall be avoided. Whenever a crossing must occur where a non-potable line passes within ten feet (10') horizontally of a water main, and where the water main is not at least eighteen inches (18") vertically clear above the non-potable line, special construction will be required in accordance with Attachment A-23 Pipe Crossing Detail, and Attachment A-24 - Pipe Encasement Detail. The distance shall be measured horizontally outside edge to outside edge of pipe. A ten foot (10') centerline to centerline separation shall be maintained between the waterline and all dry utilities and between the sanitary sewer and all dry utilities, unless otherwise approved by the Town. Dry utility cabinets, risers, pedestals or other appurtances shall not be located within this ten foot (10') separation distance or within the right-of-way or within a ten foot (10') radius of any fire hydrant, unless otherwise approved by the Town. The Applicant is referred to all other utility providers to determine their respective minimum separation criteria and requirements from the Town the more stringent of requirements. 4.6.2 Materials Pipe : All water mains shall be ductile-iron pipe except in areas found to have high levels of corrosiveness as determined by the Geotechnical Report. In those cases, where the soil has a high level of corrosiveness is identified by the Geotechnical Engineer, C-900/905 PVC pipe may be required by Fraser. C-900/C-905 PVC pipe shall only be used in the Fraser water system with prior written approval from the Town. Ductile Iron Pipe :Ductile iron pipe shall conform to ANSI A21.51, Pressure Class 250 psi minimum, Thickness Class 52 minimum thickness. Pipe joints shall be push-on type in accordance with ANSI A21.11. Pipe shall have a cement mortar lining meeting AWWA 104 and bituminous exterior coating. C-900/C-905 PVC Pipe :AWWA C-900/C-905 Polyvinyl Chloride Pipe (PVC) shall conform to Cell Class 12454 per ASTM D1784. Standard laying length shall be twenty feet (20'); +/- one inch (1") with integral bell and spigot joints. Pipe joints shall be push-on type with provision for expansion and contraction at each joint with an elastomeric seal. The minimum working pressure shall be 250 psi. Fittings: Fittings shall be ductile-iron or cast-iron, minimum 250 psi minimum working pressure, conforming to AWWA C153 or C110 with mechanical joint connections meeting AWWA C111. Lining and coating shall match pipe. Pipeline Insulation: For normal depth of bury and overburden, insulation shall be Dow STYROFOAM 60, or approved equivalent. For heavy traffic or other high-compaction service, Dow STYROFOAM 115 shall be used. Tracer Wire: Tracer wire shall be continuous loop 12-gauge stranded copper tracer wire with water-tight insulation for direct bury, installed in the trench above the water line. Test stations shall be located adjacent to each fire hydrant and shall include the C.P. Glen 4 with heavy cast iron locking cover and four (4) point terminal box as manufactured by C.P. Test Services, Inc. or equal approved by Fraser. The tracer wire shall be installed in accordance with Attachment A-17 Tracer Wire Detail. Splices in tracer wire shall only be made using solderless, 3M Type DB4-6 Low Voltage Direct Bury Splice Kit or equal approved by Fraser. 27 Sheathing: All ductile-iron pipelines, valves, and fittings shall be polyethylene sheathed in accordance with ANSI A21.5, AWWA C105, 8 mil minimum thickness. Installation shall comply with Attachment A-19 Polyethylene Wrap Detail. In certain circumstances and with technical documentation, Fraser may waive the sheathing requirements. Line Valves : Line valves shall be provided to allow isolation of parts of the system for maintenance or repair. They are required approximately every six-hundred feet (600'), and on each line at all intersections of mains to allow isolation of any line, loop or branch. Line valves are required at each fire hydrant assembly along the main distribution system line to provide isolation of a main line segment and maintain use of the hydrant. Line valves shall comply with req Buried Valves: Valves shall be resilient wedge, non-rising stem, and ductile-iron gate valves with mechanical joint ends conforming to AWWA C500. The valve shall be fully coated, inside and outside, with a fusion bonded coating of epoxy. Valves shall have two inch (2") square operating nuts and open left (counter-clockwise rotation). Valves shall be Mueller Series 2360 for valves twelve inches (12") and smaller and Series 2361 for valves fourteen inches (14") and larger; American Flow Control Series 2500 or equal approved by Fraser. Valve Boxes: Each buried valve shall be provided with a cast-iron valve box and round cover. The box shall have a minimum inside diameter of five and one-quarter (5¼") inches and be adjustable in length and be of the screw type. WATER shall be cast on the cover. or equal. Valve boxes shall allow for at least six inches (6") additional extension above the level required for final grade at the time of installation. The top of all valve stems (including extensions) shall be located between twenty- four inches (24") and thirty-six inches (36") below final grade. The valve stem nut shall be centered within the valve box. Valve boxes shall be installed vertical and plumb. Valve boxes located within the street shall be raised to final grade with either asphalt surfacing installed adjacent to the valve box or with a concrete collar. If the valve box is set at final grade during the asphalt paving process the following procedure shall be followed: 1. Installation of the bottom lift of asphalt shall be placed over the top of the valve box. 2. The valve box shall be exposed and set to its final grade at one-half inches (0.5") lower than the grade of the final street surface. Any void created in the bottom lift of asphalt by exposing and raising the valve box shall be filled with compacted hot mix asphalt prior to placement of the top lift of asphalt. 3. Installation of the top lift of asphalt shall be placed and compacted maintaining the required vertical distance from the street surface to the top of the valve box. The valve box shall remain vertical and centered over the valve operator. If a concrete collar is the selected method used to raise the valve box to final grade it shall be installed after the top lift of asphalt is placed and in accordance with Attachment A-28 Valve Box Concrete Collar Detail. The surrounding area that is to be prepared for the collar shall be mechanically cored and not jack-hammered out. Where water valves are located in off-road areas, open field areas or in a proposed future paved area, the water valve box shall be adjusted to final grade and a concrete collar installed in accordance with the collar detail in with Attachment A-28 Valve Box Concrete Collar Detail. Off-road/open field condition concrete collars are required on all valve boxes located in future paved areas if the pavement is not installed within the same construction season in which the waterline construction is performed. 28 Where valve boxes are located in the shoulder of a road, the top of the valve box shall be constructed in accordance with Attachment A-27 Manhole/Structure/Valve Box Placement Shoulder Area. Warning Tape: Warning tape shall be installed continuously in the trench above the water line a distance of thirty inches (30") above the pipe. The warning tape shall be three inches (3" extend continuously in the trench. If any existing warning tape is damaged in construction activities the contractor shall splice additional warning tape to each end to provide a continuous warning tape along the water line. Warning tape shall be installed on water service lines from the tap at the main to the edge of the right-of-way or easement. Marker Posts: Fiberglass reinforced composite marker posts shall be installed adjacent to each water line that is located outside of a paved road surface. The marker posts shall be installed adjacent to and within two feet (2') of each valve and change in direction of the waterline. Intervals between marker posts shall be such that there is a clear line-of-sight between marker posts. The marker posts shall be a minimum of three and one-half inches (3.5") wide allowing for a three inch (3") decal to be placed on one or both sides. The post shall extend four feet (4') above finish grade and include a minimum of eighteen inches (18") anchor depth underground. The marker posts shall be blue in color. Fire Hydrants: Fire hydrants shall be Mountain Specified Hydrants of the dry barrel type and conform to AWWA C502. Hydrants shall have a 5¼" main valve, two 2½" hose connections and one 4½" pumper connection. Hydrants shall have six inch (6") mechanical joint connections and safety traffic flange. Fire hydrants shall be Mueller Centurion No. A-423 or Waterous Pacer WB-67 with bronze seat ring. Hydrants shall open left (counter-clockwise rotation). Fire hydrant assemblies shall include both mechanical joint restraints to fittings/piping as detailed on Attachment A-21 - Mechanical Joint Restraint Details and concrete thrust blocks as detailed on Attachment A-16 Fire Hydrant Detail and described in Chapter 4 - Section 4.6.3 - Pipeline Installation. The mechanical joint restraints shall be installed on all joints from the water main tee to and including the fire hydrant. Tie rods may be required in instances where necessary as determined by the Town. A metal marker pole assembly 2½" hose connections. The assembly shall be designed with a spring assembly at the bottom and a red metal flag at the top. The marker pole assembly shall be approved by the Town. Blow-offs: Blow-offs are prohibited and shall not be used. Dead-end lines, when approved, shall include a fire hydrant assembly located at the end of the line. Air-Release Valves: Air-release outlets shall be provided at high points in the water distribution system. These outlets shall take the form of a fire hydrant or an automatic air- release valve. The proposed location must be pre-approved by Fraser. Fraser prefers the use of fire hydrants as the air release outlet unless the water line designer determines the automatic air release valve is required for proper system operation based on factors such as topography, site conditions, etc. Automatic air-release valves shall be installed in a four foot (4') diameter manhole in accordance with Attachment A-31 Air Release Valve Structure. The air release valve shall be Cla-Val Air Release Valve Series 34 AR or equal approved by Fraser. Air Release Valve Structures located within the street shall be raised to final grade 29 with either asphalt surfacing installed adjacent to the access frame and cover or with a concrete collar. If the access frame and cover is set at final grade during the asphalt paving process the following procedure shall be followed: 1. Installation of the bottom lift of asphalt shall be placed over the top of the air release structure. 2. The frame and cover of the structure shall be exposed and set to its final grade at one- half inches (0.5) lower than the grade of the final street surface. Any void created in the bottom lift of asphalt by exposing and raising the access frame and cover shall be filled with compacted hot mix asphalt prior to placement of the top lift of asphalt. 3. Installation of the top lift of asphalt shall be placed and compacted maintaining the required vertical distance from the street surface to the top of the access frame and cover. If a concrete collar is the selected method used to raise the access frame and cover to final grade it shall be installed after the top lift of asphalt is placed and in accordance with Attachment A-29 Structure/Manhole Concrete Collar Detail. The surrounding area that is to be prepared for the collar shall be mechanically cored and not jack-hammered out. Fire hydrants used as an air release outlet must meet the requirement for Fire Hydrants in Chapter 4 - Section 4.6.2 - Materials. Each fire hydrant designated as an air-release outlet within the potable water system shall be painted red. Each fire hydrant designated as an air- release outlet within the non-potable water system shall be painted purple. Casing Pipe: Steel Casing Pipe shall be installed at all State highway crossings, railroad crossings, waterway crossings and at major street locations as determined by Fraser. Steel casing pipe shall be installed either as a bore casing or an open trench casing. The casing shall extend beyond the edge of shoulder, top of bank or the toe of slope a distance equal to one and one-half (1.5) times the depth of the casing pipe unless otherwise approved by Fraser. The carrier pipe shall be push-on single gasket or mechanical joint ductile iron pipe. Three (3) skids shall be affixed to the carrier pipe for each twenty foot (20') pipe length. The skids shall consist of a steel skid clamp with neoprene or PVC runners. Four (4) runners shall be attached to each skid at ninety degree (90) positions around the pipe. The carrier pipe within the encasement pipe section including the first two joints outside the casing pipe on each end shall have restrained joints. Reference Attachment A-25 Bore Casing Detail. The steel casing pipe size and wall thickness shall meet the following minimum requirements: CARRIER PIPE CASING PIPE MIN. MINIMUM WALL NOMINAL O.D. THICKNESS 4" 12" 0.188" 6" 16" 0.250" 8" 18" 0.282" 12" 22" 0.344" 16" 28" 0.406" 20" 32" 0.469" Trench laid casings shall be installed per trenching standards and detail. Tapping Sleeves: Tapping sleeves shall be used where tying a new line perpendicular to an existing water line for 6-inch through 20-inch nominal diameter pipe. Tapping sleeves shall be stainless steel and conform to ASTM A240 Type 304/304L or approved equal. Flanges shall 30 conform to AWWA C 223. Bolts and nuts shall be stainless steel Type 304SS. The tapping sleeve assembly shall be enclosed within the polyethylene wrap. A gate valve and valve box assembly shall be connected at the tapping sleeve prior to installation of pipe. The tapping sleeve shall be ROMAC SST, FORD Model FTSS or approved equal. Pressure Reducing Valves : Pressure reducing valves shall be CLA-VAL, Model 90-1 as manufactured by CLA-VAL or equal approved by Fraser. Drainage Flap Gate : Drainage flap gates shall be Waterman Model F-10 as manufactured by Waterman Water Control Specialists or equal approved by Fraser. 4.6.3 Pipeline Installation Water pipelines shall be installed in a thorough and workmanlike manner in accordance with the approved plans. Pipe shall be laid in an un-watered trench and shall not be used for draining water from the trench. Pipes are to be kept clean during installation by capping or plugging ends with a mechanical plug or other similar means. The minimum bedding and backfill requirements for pipelines and appurtenances shall be as shown on Attachment A-18 Water Main and Service Line Bedding and Backfill Detail. The minimum cover shall be nine feet (9') from top of water line to finished grade. Pipelines shall not be placed deeper than ten feet (10') without prior approval by Fraser. A minimum of seven feet (7') of cover will be allowed if at least two inches (2") of an approved pipeline insulation is provided for each vertical foot of cover less than nine feet (9'), per Attachment A-18 Water Main and Service Line Bedding and Backfill Detail. If insulation is installed, use approximately six inches (6") of a fine grained material (i.e. Class 6/road base, sand or squeegee/pea gravel) for the pipe zone materials above and beneath the insulation to protect it from breakage during backfill. Prior to placement of the insulation, level and compact the trench bedding material to provide a flat, smooth surface for the insulation. Carefully place bedding material over the insulation so as to not puncture or damage the insulation. If the bottom of the excavation is soft or unstable, and in the opinion of the Town, is not a satisfactory support for the pipeline, further depth and/or width shall be excavated, refilled and compacted to six inches (6") below the pipe outside diameter (excluding bells) with Trench Stabilization Material, as specified Trenching, Bedding and Bac All pipeline fittings (i.e., bends, tees, plugs, and caps) shall be installed with concrete thrust blocks adequately designed for the specific application. Thrust blocks shall be cast-in-place from concrete having a minimum compressive strength of 3,000 psi and bear against undisturbed earth on the trench wall. Minimum requirements for thrustblocks are as shown on Attachment A-20 Concrete Thrustblocks. Batch plant mix or pre-mix concrete may be used for thrust block construction provided it meets the compressive strength requirements for thrust blocks and is thoroughly mixed in -mix concrete as a substitute for placing thoroughly mixed concrete for thrust blocks is not acceptable. Splitting bags of pre-mix cement in the hole at the thrust block location and adding water is not acceptable. Only thoroughly mixed concrete placed in the thrust block locations to the detail shown in these standards for thrust blocks is acceptable. Alternate means of thrust restraint may be considered and approved for use where proved to provide similar restraint. Supplemental restraint shall be required where the Town Engineer believes the soil bearing pressures to be inadequate, or where the Town Engineer is 31 concerned about subsequent movement due to slope or other conditions of service, see Attachment A-21 Mechanical Joint Restraint Details, and Attachment A-22 Length of Restrained Pipe. Valves near a fitting must be tied back to that fitting, using rodding or mechanical joints. 4.6.4 Fire Hydrant Installation Fire hydrants shall be located as required by Fraser and the Fire Protection District in accordance with the International Fire Code, as adopted by the Town. The applicant shall be required to obtain the approval of the Fire Protection District for fire hydrant locations. Fire hydrant assemblies shall be installed with both mechanical joint restraints to fittings / piping as detailed on Attachment A-21 Mechanical Joint Restraint Details and concrete thrust blocks as detailed on Attachment A-16 Fire Hydrant Detail and described in Pipeline Installation. The mechanical joint restraints shall be installed on all joints from the water main tee to and including the fire hydrant. 4.6.5 Locking Valve Box Installation Specific instances may be identified, in the opinion of Fraser, which require a water system valve to remain in the open or closed position and only operated by Fraser staff. In the event a specific water valve is identified, for this security a locking valve box lid shall be installed in accordance with Attachment A-26 Locking Valve Box Detail. 4.6.6 Testing All finished water lines, after pipe and fitting restraints are in place, shall be pressure and leakage tested at not less than one-hundred-fifty (150) psi for a two (2) hour period. If working pressure is greater than one-hundred (100) psi, the test shall be performed at one and one- half (1.5) times the expected working pressure. Unless approved by the Town Engineer no lines longer than one-thousand-two-hundred feet (1,200') shall be tested at one time. No pipeline installation will be acceptable until the leakage is less than the amount computed by the following formula: 0.5 L = SD(P) 133,200 Where: L = Allowable leakage in gallons (per hour) S = Tested length of pipe (feet) D = Nominal diameter of pipe, inches P = Average test pressure during the test, psi An electrical conductivity test shall be conducted on each of the tracer wire installation and the piping system pre-welded tab and jumper strip installation using a low voltage, low current test procedure to confirm that the tracer wire is continuous and functional between each test station located adjacent to the fire hydrants. The test results shall be pass/fail. The electrical load shall not exceed the capacity of the system. The electrical conductivity testing shall be contracted by Fraser and back charged to the Applicant for any and all costs incurred. Results of the conductivity test shall be submitted in written format to Fraser upon completion telephone number; testing technicians name; date(s) of test; and results of the conductivity test for each section of tracer wire between test stations. The report shall be signed by the technician performing the conductivity test. 32 All fire hydrant assemblies and distribution system gate valves shall be fully operated in the presence of the Town to ensure they are fully operable. A leak detection test shall be performed on the waterlines during the last quarter of the warranty period and a written record of the test results provided to Fraser. If the leak detection test cannot be performed due to inclement weather and/or site conditions it will be delayed until a future date when the weather or site conditions allow for a safe working environment to perform the test, as determined by the Town. The leak detection testing work shall be contracted by Fraser and back charged to the Applicant for any and all costs incurred. 4.6.7 Disinfection All water piping shall be disinfected in accordance with AWWA C651 after all construction work has been completed. Chlorine shall be added to the water at the necessary locations in the amount to form fifty (50) ppm free chlorine residual. The chlorine solution shall be left in the pipelines for not less than twenty-four (24) hours, during which time all valves and fire hydrants shall be operated in order to disinfect the appurtenances. After that length of time, the chlorine residual of the solution, at any place within the system, shall not be less than ten (10) ppm. All chlorination work must be done in the presence of the Town. At the end of twenty-four (24) hours, a bacteriological test is to be performed by a Colorado certified laboratory acceptable to the Town to insure adequate disinfection. A third party independent contractor, acceptable to the Town, will take the required samples and deliver them to the certified laboratory for testing samples and deliver the samples to a certified laboratory for testing. All costs associated with the sampling and testing shall be at the cost of the Applicant. Following completion of the disinfection (chlorination) work the Applicant is responsible to dechlorinate and properly dispose of the test water in strict compliance with all local, state and federal laws, rules and regulations. Prior to disposal, provisions must be made by the Applicant to assure that no chlorinated water is discharged to the ground. Acceptance or acknowledgement of the proposed method of disposal of the test water by the Town does not relieve the Applicant from any and all responsibility, liability and/or damages caused by the release. CHAPTER 5 -SANITARY SEWER SYSTEM DESIGN 5.1 GENERAL Fraser operates and maintains the municipal sanitary sewer collection system. The collection system as designed is intended to provide gravity service only. Before the start of design, the Applicant shall contact the Town of Fraser to confirm the appropriate connection point with the existing collection system. Sewage lift stations and force mains will not be permitted unless special conditions merit consideration for approval otherwise. The system design is based on a wastewater flow rate of one-hundred (100) gallons per capita per day and an average household of 2.75 people per household for a total flow rate of two-hundred-seventy-five (275) gallons per day. Historical peak flow rates are identified as two and one-half (2.5) times the average flow rate. The standards defined herein require the peak build-out flow rate to be carried within the pipe flowing not greater than half full. Non-residential user flow rates shall be determined and calculated as described above. These flow rates shall be reviewed and approved by Fraser prior to design of proposed improvements to connect to 33 5.2 BASIC DESIGN POLICIES All new sanitary sewer collection system designs and related information shall meet, at a minimum, the Town of Fraser Minimum Design Criteria and Construction Standards. Any design standards not included within these Standards will be subject to the minimum standards set forth in other current publications found in Chapter 14 Publications, References and Design Aids. 5.3 REQUIRED EASEMENTS Where the municipal sanitary sewer system is to be located out of the public right-of-way, the Applicant shall be responsible for obtaining easements required for the construction, maintenance, and operation of the facilities. The legal description for the easements shall be prepared by a Registered Land Surveyor in the State of Colorado. Easements shall be in a form acceptable to Fraser and shall be shown on the design and as-built drawings. Fraser will not approve the design documents until all required easements have been deeded to Fraser, unless an alternate schedule is approved by Fraser. The minimum width of easements for a single pipeline shall be thirty feet (30'). Temporary construction easements shall have a minimum width of forty feet (40'). An easement containing both a water line and a sewer line shall be no less than thirty-six feet (36'). Wider easements shall be required for deep sections of pipeline, multiple lines, steep terrain, or where otherwise required by Fraser. Deep sections of pipeline is defined as the water line depth of cover exceeding nine feet (9') and/or the sanitary sewer line depth of cover exceeding seven feet (7'). Easement widths for deep lines are determined using Attachment A-5 Utility Easement Widths. SANITARY SEWER COLLECTION SYSTEM 5.4 5.4.1 Design, Layout and Sizing Collection sewers shall be designed to carry not less than the projected peak flow rates flowing one-half full (safety factor = 2.0), unless otherwise approved by Fraser. The minimum size sewer collection line shall be eight inches (8") diameter. Sewers shall be so designed and constructed to give mean velocities, when flowing full, of not less than two feet per second (2 fps). Pipe slopes shall not exceed twelve percent (12%) grade. Sewers shall generally be designed with sufficient depth to serve basements by gravity. The minimum cover shall be seven feet (7') from top of sewer to finished grade. Sanitary sewers with less than seven feet (7') of cover will be considered by the Town with installation of two inches (2") of pipeline insulation installed for every one foot (1') of cover less than seven feet (7'). The minimum cover for sanitary sewer lines installed with insulation is five feet (5') from top of sewer to finish grade. See Attachment A-38 Sewer Main and Service Line Bedding & Backfill Detail for details. Sewer main sizing, layout and connections shall be coordinated with the Town during the review process. Where certain lines may also serve a truck line function, in the opinion of Fraser, Fraser may direct that such lines be oversized, and the Applicant's Engineer shall so design the system. In this case, Fraser will pay the incremental oversize costs. State regulations require that sewer and water lines shall have ten feet (10') minimum of horizontal separation from outside of pipe to outside of pipe. Where this separation is impractical, Fraser may permit other separation requirements, in accordance with applicable standards and regulations. If a water line passes within eighteen inches (18") vertical distance above a sewer main or service, or if it lies within the minimum horizontal separation of the sewer, the sewer is to be encased per Attachment A-24 Pipe Encasement Detail or Attachment A-23 Pipe Crossing Detail. If a water line crosses under a sewer main or service line, a twenty foot (20') length of PVC C-900 or C- 34 905 (as appropriate) shall be used for the gravity sewer line, Smith-Blair 229, Full Circle Collar Leak Repair Clamps shall be installed on all sanitary sewer joints within the minimum horizontal clearance requirements and a twenty foot (20') length of ductile iron pipe shall be installed on the water line, centered over the centerline of the sanitary sewer. A ten foot (10') centerline to centerline separation shall be maintained between the sanitary sewer line and all dry utilities and between the waterline and all dry utilities, unless otherwise approved by the Town. Dry utility cabinets, risers, pedestals or other appurtances shall not be located within this ten foot (10') separation distance or within the right-or-way or within a ten foot (10') radius of any fire hydrant, unless otherwise approved by the Town. The Applicant is referred to all other utility providers to determine their respective minimum separation criteria and requirements from the Town the more stringent requirements. Where required for structural reasons or to protect potable water pipelines, the sewer shall be encased in reinforced concrete having design characteristics not less than those shown on the Attachment A-24 Pipe Encasement Detail. Manholes shall be located at a maximum spacing of four-hundred feet (400') center-to-center and also at changes in sewer pipeline alignment and/or grade and at the end of each line. Sewers shall be laid with uniform slope between manholes. Drop manholes are to be provided for any pipeline whose invert entering the manhole is greater than eighteen inches (18") above the invert out. Where different size pipes enter a manhole, the smaller pipe flowline shall be higher such that the top of the two pipes is at the same elevation. Any variation to this layout shall require a variance. See Chapter 15 - Variance Review Procedure. Manhole steps shall be spaced uniformly from the top step to the bottom step for maximum operator safety when entering and exiting the manhole. Additionally the top step and bottom step shall be installed within the tolerances defined herein. See Chapter 5 - 5.4.2 Materials Manhole Steps for the spacing detail and tolerances. 5.4.2 Materials Pipe and Fittings: For pipe installations less than fourteen feet (14') deep measured from the pipe invert to finished grade and slopes less than eighteen percent (18%). 1. Pipe and fittings, fifteen inches (15") in diameter and smaller may be SDR 26 (sizes; 8- inch through 15-inch), AWWA C900 (sizes; 8-inch through 12-inch) or AWWA C905 (size; 14-inch). 2. Pipe and fittings, sixteen inches (16") in diameter and larger shall be AWWA C905. For pipe installations greater than fourteen feet (14') deep measured from the pipe invert to finished grade and/or slopes greater than eighteen percent (18%): 1. Pipe and fittings twelve inches (12") in diameter and smaller shall be polyvinyl chloride (PVC), AWWA C900, minimum thickness conforming to ASTM D2122. 2. Pipe and fittings sixteen inches (16") in diameter and larger shall be polyvinyl chloride (PVC), AWWA C905, minimum thickness conforming to ASTM D2122. The size of each pipe segment between manholes shall be consistent. In the case where the depth of line or slope of the line exceeds the limits defined herein and the same size of pipe in 35 C900/C905 d shall be increased to the next available size. The SDR 26 pipe shall be green. The C900/C905 pipe shall be green or white. Pipeline Insulation: For normal depth of bury and overburden, insulation shall be Dow STYROFOAM 60, or approved equal. For heavy traffic or other high-compaction service, Dow STYROFOAM 115 shall be used. Manholes: Manhole bases, barrels and tops shall be precast concrete units conforming to ASTM C-478. Concrete for manhole inverts and other similar items shall have a twenty-eight (28) day compressive strength of not less than three-thousand (3,000) psi. All reinforcement required shall be standard deformed reinforcement conforming to the requirements set forth in ASTM A615, Grade 40. providing a continuous waterproof coating without thin spots or exposed concrete surfaces. Where a manhole is installed in a high groundwater area, in addition to the factory applied epoxy coating, the exterior of the manhole shall have a heavy coating of bituminous water proofing material applied in the field. The bituminous coating shall be applied consistently to the below ground exterior surfaces and over the top of the external joint wrap. The top section required for change of diameter shall be eccentric cone or flat slab if approved by the Town Engineer or shown on the Standard Details. The access step layout shall provide consistent spacing throughout the cone and barrel sections. To bring the manhole cover to the correct elevation, the adjustment section of each manhole shall be pre-cast concrete grade adjustment rings. These rings shall be not less than six inches (6") wide and furnished in heights to allow for one inch (1") adjustment. Total adjustment height with grade rings, shall not exceed eight inches (8"). Manholes for sewers of less than sixteen inch (16") diameter shall have a minimum inside diameter of four feet (4') for straight through runs of pipe or for pipes entering at ninety degrees (90) to the out flow pipe. Manholes for sewers of sixteen inch (16") through twenty- one inch (21") diameter shall have a minimum inside diameter of five feet (5') for straight through runs of pipe or for pipes entering at ninety degrees (90) to the out flow pipe. Where pipes enter a manhole at angles less than ninety degrees (90) from any other pipe or for pipe sizes larger than twenty-one inches (21"), the Applicant shall consult the Town for the required manhole diameter requirements. Manhole depths shall not exceed ten feet (10') measured from the pipe invert elevation to top of finish grade without prior approval of the Town. Manholes shall be constructed and installed in accordance with; Attachment A-39 Standard Precast Concrete Manhole, Attachment A-40 Shallow Precast Concrete Manhole and Attachment A-41 - Drop Precast Concrete Manhole. Manhole Joints : Joints between precast manhole sections are to be sealed with Rub-R-Nek LTM by Henry Company, or approved alternate gasket material. External Joint Sealing : In addition to the gasket material used within the joints between sections of the manhole, an external joint wrap is required. The joint wrap shall be a self- adhered membrane consisting of two waterproofing materials consisting of aggressive 36 rubberized asphalt adhesive backed by a layer of high density cross laminated polyethylene as manufactured by Grace Construction Products or approved equal. The membrane strips shall be a minimum of twelve inches (12") wide. Flexible Watertight Boot around the sewer line entering the pre-cast manhole base. Acceptable products include: 1. PSX Positive Seal, as manufactured by Press-Seal Gasket Corp., Fort Wayne, Indiana 2. Kor-N-Seal, as manufactured by NPC, Inc., Milford, NH, or; 3. An approved alternative. The sanitary sewer pipe shall protrude through the manhole wall. Where a pre-poured invert trough is present in the manhole base, the pipe shall extend to that point. Where a pre-poured invert trough does not exist, the pipe shall extend a minimum distance of six inches (6") inside the interior face of the manhole wall. Manhole Covers: Manhole frames and covers shall SEWER cast on the cover. The frame shall provide a minimum clear opening of twenty-four inch (24") diameter unless otherwise approved, manhole lids shall be gasketed, unbolted lids per Neenah Model R-oved equal. If a gasketed, bolted lid is required by Fraser, it shall be Neenah Model -1915-S1, or approved equal. Manhole Steps: Manhole Steps shall be injection-molded polypropylene encapsulating a one-half inch (½") diameter grade 60 reinforcing rod. Shall be M.A Industries step, Model PS- 1PF, as provided by Amcor Precast, Littleton, CO, or approved equal. Manhole steps shall be installed in each manhole with equal spacing of one foot zero inches (1'-0") on center in vertical alignment from the top step to the bottom step. The top step shall be installed within the range of one foot three inches (1'-3") minimum to one foot - eight inches (1"-8") maximum from the top of the lid elevation. The bottom step shall be installed within the range of zero feet ten inches (0'-10") minimum to one foot three inches (1'-3") maximum from the manhole bench. The precast manhole barrels shall be sized vertically to accommodate this step spacing with adequate distance between barrel joints and steps to provide the structural support required for safe ingress/egress. Warning Tape: Warning tape shall be installed continuously in the trench above the sewer line a distance of thirty inches (30") above the pipe. The warning tape shall be three inches (3") wide and green Sewer extend continuously in the trench. If any existing warning tape is damaged in construction activities the contractor shall splice additional warning tape to each end to provide a continuous warning tape along the sewer line. Warning tape shall be installed on sewer service lines from the tap at the main to the edge of the right-of-way or easement. Marker Posts: Fiberglass reinforced composite marker posts shall be installed adjacent to each manhole located outside a paved road surface. The marker posts shall be a minimum of three and one-half inches (3.5") wide allowing for a three inch (3") decal to be placed on one or both sides. The post shall extend four feet (4') above finish grade and include a minimum of eighteen inches (18") anchor depth underground. The marker posts shall be green in color. Casing Pipe: Steel Casing Pipe shall be installed at all State highway crossings, railroad crossings, waterway crossings and at major street locations and at locations where the sanitary sewer passes under a significant drainage structure, retaining wall or other similar site structure as determined by Fraser. Steel casing pipe shall be installed either as a bore 37 casing or an open trench casing per the approved plans. The casing shall extend beyond the edge of shoulder, top of bank or the toe of slope a distance equal to one and one-half (1.5) times the depth of the casing pipe unless otherwise approved by Fraser. The carrier pipe within the casing pipe including the first two joint outside the casing pipe on each end shall be push-on single gasket C900/C905 PVC pipe and shall have retrained joints. Three (3) skids shall consist of a steel skid clamp with neo-prene or PVC runners. Four (4) runners shall be attached to each skid at 90 degree positions around the pipe. Reference Attachment A-25 Bore Casing Detail. The steel casing pipe shall have fully welded joints to provide a smooth seamless transition through the casing pipe and be of the minimum size and wall thickness meeting the following requirements: CARRIER PIPE CASING PIPE NOMINAL MIN. O.D. MIN. WALL THICKNESS 4 12 0.188 6 16 0.250 8 18 0.282 12 22 0.344 16 28 0.406 20 32 0.469 Trench laid casings shall be installed per trenching standards and detail. 5.4.3 Pipeline Installation At such time work begins to install a new sanitary sewer line into the existing sanitary sewer collection system, the contractor shall plug the new sanitary sewer line at the connection point to the existing system with a water-tight plug. The plug and its installation method shall be acceptable to the Town. The plug shall remain in place until the project is complete and final acceptance is granted by Fraser or Fraser authorizes its removal. Fraser will notify the Applicant in writing at such time the plug can be removed. The contractor shall be responsible to thoroughly clean and pump the water and debris from the line prior to removing the plug. Water and debris from cleaning the line shall be properly disposed of by the contractor in a manner acceptable to the Town. The sanitary sewer pipe shall extend through the manhole wall and shall be flush or slightly inside the interior manhole wall surface on each side (mid-point of the pipe). The sewer system shall be installed in a thorough, workmanlike manner in accordance with the Design Documents that have been approved by the Town. The minimum bedding and backfill requirements shall be as shown on Attachment A-38 Sewer Main and Service Line Bedding & Backfill Detail. The minimum cover shall be seven feet (7') from top of sewer line to finished grade. Pipelines shall not be placed deeper than ten feet (10') without prior approval by the Town. A minimum of five feet (5') of cover will be allowed if approved pipeline insulation is provided, in accordance with Attachment A-38 Sewer Main and Service Line Bedding & Backfill Detail. If insulation is installed, use approximately six inches (6") of a fine grained material (i.e. Class 6/road base, sand or squeegee/pea gravel) for the pipe zone materials above and beneath the insulation to protect it from breakage during backfill. If the bottom of the excavation is soft or unstable, and in the opinion of the Town, is not a satisfactory support for the pipeline, further depth and/or width shall be excavated and refilled 38 to six inches (6") below the pipe outside diameter (excluding bells) with Trench Stabilization Material, as specified in Chapter 11 - Trenching, Bedding and Backfill. Each pipe length and fitting interior, interior surface of bells, and exterior surface of spigots shall be cleaned of all foreign material before placing it in the trench and shall be kept clean all times thereafter. Each item must also be examined for cracks and other defects before installation. Pipe shall be cut, only whenever necessary, to conform to location of manholes or connections. All cuts shall be straight, true, and at right angles to the axis of the pipe unless otherwise noted or directed by the Town Engineer. The cutting process shall leave a smooth end without damaging the pipe. All burrs shall be removed from the ends of cut pipe, and the end chamfered and lightly rasped or filed. All tools used in cutting pipe shall be subject to the Town and gaskets must be followed. Pipe laying shall proceed upgrade with the spigot ends of pipe pointing in the direction of the flow, unless otherwise approved by the Town Engineer. Each pipe length shall be laid true to line and grade in such manner as to form a close concentric joint with the adjoining pipe and to prevent sudden offsets to the flow line. Pipe shall be laid in an unwatered trench and shall not be used for draining water from the trench. Pipes are to be kept clean by capping or plugging ends with a mechanical plug approved by the Town. Full sections of pipe shall be installed whenever possible. Cut sections of pipe shall only be used as required to connect to wye branches or manholes at designated stations. Use of multiple cut sections of pipe between a manhole and a wye branch, a wye branch and another wye branch, a wye branch and a manhole or two manholes is unacceptable and will be rejected. 5.4.4 Manhole Installation Manholes shall be constructed to conform to the detail shown in the Standard Details and shall be set plumb. The invert channels shall be smooth and semi-circular in shape, conforming to the inside of the incoming and outgoing sewer pipelines. Changes in direction of flow shall be made with a smooth curve with as large a radius as the size of the manhole will permit. Changes in size and grade of the channels shall be made gradually and evenly. Where differences in invert elevations exist, sloped flow channels shall be formed so the sewage does not undergo a vertical drop. The floor of the manhole outside of the channel shall be smooth and shall slope toward the channels not less than one inch (1") per foot and no more than two inches (2") per foot. The top circumference of the base shall be finished level and smooth to permit obtaining a watertight joint. The manhole covers shall be set with their tops at the grades set forth in the Standard Details. Manholes located within the street shall be raised to final grade with either asphalt surfacing installed adjacent to the manhole or with a concrete collar. If the manhole is set at final grade during the asphalt paving process the following procedure shall be followed: 1. Installation of the bottom lift of asphalt shall be placed over the top of the manhole. 2. The manhole shall be exposed and set to its final grade at one-half (0.5") inches lower than the grade of the final street surface. Any void created in the bottom lift of asphalt by exposing and raising the manhole shall be filled with compacted hot mix asphalt prior to placement of the top lift of asphalt. Paving rings shall not be used. 3. Installation of the top lift of asphalt shall be placed and compacted maintaining the 39 required vertical distance from the street surface to the top of the manhole. The manhole ring and cover shall remain vertical and centered over the cone section. If a concrete collar is the selected method used to raise the manhole to final grade it shall be installed after the top lift of asphalt is placed and in accordance with either Attachment A-29 Structure/Manhole Concrete Collar Detail or Attachment A-30 Optional Manhole/Structure Adjustment Detail. Manhole tops without bolted, gasketed covers shall not be set at or below surrounding grade, except in paved roadways. The site shall be graded so that drainage is away from the manhole. Each joint of the precast manhole barrel shall have at least one continuous gasket placed on the lower ledge before the barrel immediately above is lowered into place. Joints between the precast manhole barrel sections and the cast in place manhole bases shall use two continuous gaskets and shall be wrapped externally using the external joint sealing material. In both cases, the surface of the precast barrels and/or the cast in place bases shall be smooth, clean, coated with a bituminous or epoxy coating and sound. The joint surfaces shall be cleaned to remove any concrete projections or dirt which may prevent a water-tight seal from being established. The joints shall be prepared and the gaskets shall be placed in External Joint Sealing Wrap is to be applied to clean dry epoxy coated concrete surfaces. The wrap shall be placed with the manhole joint centered within the membrane strip and overlapped a minimum distance of eighteen inches (18") when wrapped around the manhole. The wrap shall be applied immediately prior to backfilling, so when backfill is compacted the earth pressure forces bituminous wrap into concrete surfaces. Temperature of manhole sections and of backfill materials must be above forty degrees (40) Fahrenheit from time of applying wrap to time of backfilling. New sanitary sewer lines entering an existing manhole shall only be connected if an existing sewer line stub-out is present or by core drilling a hole in the existing manhole wall suitable for installation of a flexible watertight boot. 5.4.5 Underdrains Underdrains laid in the same trench as a sanitary sewer line are not permitted. 5.5 FLUSHING AND LEAK TESTING 5.5.1 Sanitary Sewer Line Flushing and Leak Testing The following testing procedures are intended to determine if the sanitary sewer line meets the Fraser's minimum quality standards. Alternative procedures meeting or exceeding the intent of these procedures, as determined by the Town's Engineer, may be acceptable. In any case, however, proposed alternative testing procedures shall be included in the design plans and specifications submitted to the Town for review and approval. Fraser shall be notified no less than forty-eight (48) hours prior to the desired test time. The Town shall witness all tests and verify the accuracy and acceptability of the equipment utilized. The Town will review the test procedures for any section that fails to pass any test and review the method proposed by the Applicant to repair the failed section. The Town shall approve all repair methods. Following the repair the section shall be retested. Pipeline Flushing: The pipelines shall be flushed as the work progresses by means that are in accordance with good practice, to insure that earth, sand, rocks or other foreign materials 40 are removed from the interior of the pipeline. All debris flushed at the lower end of the new pipeline shall be caug Alignment and Grade: Sewer pipelines will be checked by the Town to determine whether any displacement of the pipe has occurred after the trench has been bedded. The test will be as follows: A light will be flashed between manholes, or if the manholes have not as yet been constructed, between the locations of the manholes, by means of a flashlight or by reflecting sunlight with a mirror. If the illuminated interior of the pipelines shows poor alignment, displaced pipe, earth, or other debris in the pipe, or any other kinds of defects, the defects, as determined by the Town, shall be remedied by the contractor. The test will be repeated following completion of backfilling and any poor alignment, displaced pipe, or other defects, determined by the Town, shall be corrected at no cost to Fraser. Leakage Testing by Exfiltration: Tests for water tightness shall be made by the contractor in the presence of the Town. The contractor shall provide assistance to the Town in development of a detailed record of the testing program. The sewer line and connections shall not leak in excess of the following rate for a 24-hour test period: MAXIMUM ALLOWABLE SEWER LINE LEAKAGE Pipe Size Leakage Inches Gal/Foot/24 Hours 18 0.68 15 0.57 12 0.45 10 0.38 8 0.30 6 0.23 Each reach of pipeline between manholes shall be tested individually. Any individual reach that leaks in excess of the amount allowed in the previous paragraph shall be considered as failing, and shall be repaired and retested. At the discretion of the Town, the time for leakage rate test may be shortened to four (4) hours. The tests and measurement of infiltration or exfiltration shall be conducted in a manner as approved by the Town. The minimum head for the exfiltration tests shall be two feet (2') above the top of the pipe at its highest point in the test section. Sections shall be bulk-headed so that during any test the head on the sewer at its lowest elevation will not be more than ten feet (10'). This restriction does not apply to ductile-iron pipe or C-900/C-905 PVC pipe. The contractor shall repair the sewer in a manner that is satisfactory to the Town and re-test until satisfactory tightness is obtained. Leakage Testing by Infiltration: Infiltration tests will be used if the groundwater table is likely to be one foot (1') or more above the invert of the finished sewer. Otherwise, exfiltration tests will be used. The allowable leakage rates are as tabulated for Section 5.5.1 Leakage Testing by Exfiltration. Low-Pressure Air Test: 41 At the option of the contractor, low-pressure air testing of the installed sewer pipe in accordance with ASTM F1417 procedure may be used instead of the leakage exfiltration test. The following criteria and procedure shall be utilized, unless otherwise approved by Fraser. Plug Restraint 1. . It is extremely important and essential that all plugs be installed and braced in such a way that blowouts are prevented. It is recommended that every plug be positively braced and that no one be allowed in the manhole adjoining a line being tested so long as pressure is maintained in the line. Relief Valve 2. . All pressurizing equipment used for low-pressure air testing shall include a regulator or relief valve set no higher than nine (9) psig to avoid over-pressurizing and displacing temporary or permanent plugs. As an added safety precaution, the pressure in the test section should be continuously monitored to make certain that it does not at any time exceed nine (9) psig. Plug Design 3. . Either mechanical or pneumatic plugs may be used. All plugs shall be designed to resist internal testing pressures without the aid of external bracing or blocking. However, the contractor should internally restrain or externally brace the plugs to the manhole wall as an added safety precaution throughout the test. Singular Control Panel 4. . To facilitate test verification by the Town, all air used shall pass through a single, above ground control panel. Equipment Controls 5. . The above ground air control equipment shall include a shut-off valve, pressure regulating valve, pressure relief valve, input pressure gauge, and a continuous monitoring pressure gauge having a pressure range from zero (0) to at least ten (10) psi. The continuous monitoring gauge shall be no less than four inches (4") in diameter with minimum divisions of one-tenth (0.10) psi and an accuracy of plus or minus four-hundredths (+ 0.04) psi. Separate Hoses 6. . Two separate hoses shall be used to: (1) connect the control panel to the sealed line for introducing low-pressure air, and (2) a separate hose connection for constant monitoring of air pressure build-up in the line. This requirement greatly diminishes any chance for over-pressurizing the line. Pneumatic Plugs 7. . If pneumatic plugs are utilized, a separate hose shall also be required to inflate the pneumatic plugs from the above ground control panel. Laterals, Stubs, and Fittings 8. . During sewer construction all service laterals, stubs, and fittings into the sewer test section shall be properly capped or plugged so as not to allow air loss that could cause an erroneous air test result. It may be necessary and is always advisable to restrain gasketed caps, plugs, or short pipe lengths with bracing stakes, clamps and tie rods, or wire harnesses over the pipe bells. Plug Installation and Testing 9. . After manholes have been tested for alignment and grade, and a manhole-to-manhole reach of pipe has been backfilled to final grade and prepared for testing, the plugs shall be placed in the line at both manholes and secured. It is advisable to seal test all plugs before use. Seal testing may be accomplished by laying one length of pipe on the ground and sealing it at both ends with the plugs to be checked. The sealed pipe should be pressurized to nine (9) psig. The plugs shall hold against this pressure without bracing and without any movement of the plugs out of the pipe. No persons shall be allowed in the alignment of the pipe during plug testing. The upstream end of the line shall be plugged first to prevent any upstream water from collecting in the test line. Line Pressurization 10. . Low pressure air shall be slowly introduced into the sealed line until the internal air pressure reaches four (4.0) psig. Pressure Stabilization 11. . After a constant pressure of four (4.0) psig is reached, the air supply shall be throttled to maintain that internal pressure for at least two (2) minutes. This time permits the temperature of the entering air to equalize with the temperature of the pipe wall. 42 Timing Pressure Loss 12. . When temperatures have been equalized and the pressure stabilized at four (4.0) psig, the air hose from the control panel to the air supply shall be shut off or disconnected. The continuous monitoring pressure gauge shall then be observed while the pressure is decreased to no less than three and one-half (3.5) psig. The timing pressure loss test shall then commence at a pressure reading of three and one-half (3.5) psig, or any convenient observed pressure reading between three and one-half (3.5) psig and four (4.0) psig. (Except as adjusted for groundwater as follows.) Air Pressure Adjustment 13. . An air pressure correction, which must be added to the three and one-half (3.5) psig normal test starting pressure, shall be calculated by dividing the average vertical height, in feet of groundwater above the invert of the sewer pipe to be tested, by 2.31. The result gives the air pressure correction in pounds per square inch to be added. (For example, if the average vertical height of groundwater above the pipe invert is two and eight-tenths feet (2.8'), the additional air pressure above the pipe invert is two and eight-tenths feet (2.8') divided by 2.31 or one and two-tenths (1.2) psig. This would require a minimum starting pressure of three and one-half (3.5) plus one and two-tenths (1.2) or four and seven-tenths (4.7) psig). The allowable pressure drop of one (1.0) psig and the timing in Table 1 are not affected and shall remain the same. In no case however should the starting test pressure exceed nine (9.0) psig. 14. If the time shown in Table 1 for the designated pipe size and length, elapses before the air pressure drops one-half (0.5) psig, the section undergoing test shall have passed. If the pressure drop occurs before the time shown in Table 1 elapses the test shall continue to determine if the line maintains a pressure drop of one (1.0) psig or less within the time noted in Table 2. If time shown in Table 2 for the designated pipe size and length, elapses before the air pressure drops one (1.0) psig, the section undergoing that test shall have passed. TABLE 1 SPECIFICATION TIME REQUIRED FOR A 0.5 PSIG PRESSURE DROP FOR SIZE AND LENGTH OF PIPE INDICATED FOR Q = 0.0015 1 2 3 4 (min:sec) Minimum Length for Time for Pipe Time Minimum Longer Specification Time for Length (L) Shown Diameter (min:sec) Time Length (in.) (ft) (sec.) 100 ft 150 ft 200 ft 250 ft 300 ft 350 ft 400 ft 450 ft 4 1:53 597 1.90 L 1:53 1:53 1:53 1:53 1:53 1:53 1:53 1:53 6 2:50 398 0.427 L 2:50 2:50 2:50 2:50 2:50 2:50 2:51 3:12 8 3:47 298 0.760 L 3:47 3:47 3:47 3:47 3:48 4:26 5:04 5:42 10 4:43 239 1.187 L 4:43 4:43 4:43 4:57 5:56 6:55 7:54 8:54 12 5:40 199 1.709 L 5:40 5:40 5:42 7:08 8:33 9:58 11:24 12:50 15 7:05 159 2.671 L 7:05 7:05 8:54 11:08 13:21 15:35 17:48 20:02 18 8:30 133 3.846 L 8:30 9:37 12:49 16:01 19:14 22:26 25:38 28:51 18 8:30 133 5.235 L 9:55 13:05 17:27 21:49 26:11 30:32 34:54 39:16 18 8:30 133 6.837 L 11:24 17:57 22:48 28:30 34:11 39:53 45:35 51:17 18 8:30 133 8.653 L 14:25 21:38 28:51 36:04 43:16 50:30 57:42 64:54 18 8:30 133 10.683 L 17:48 26:43 35:37 44:31 53:25 62:19 71:13 80:07 18 8:30 133 12.926 L 21:33 32:19 43:56 53:52 64:38 75:24 86:10 96:57 18 8:30 133 15.384 L 25.39 32:28 51:17 64:06 76:55 89:44 102:34 115:23 43 TABLE 2 SPECIFICATION TIME REQUIRED FOR A 0.5 PSIG PRESSURE DROP FOR SIZE AND LENGTH OF PIPE INDICATED FOR Q = 0.0015 1 2 3 4 (min:sec) Minimum Length for Time for Pipe Time Minimum Longer Specification Time for Length (L) Shown Diameter (min:sec) Time Length (in.) (ft) (sec.) 100 ft 150 ft 200 ft 250 ft 300 ft 350 ft 400 ft 450 ft 4 3:46 597 0.38 L 3:46 3:46 3:46 3:46 3:46 3:46 3:46 3:46 6 5:40 398 0.854 L 5:40 5:40 5:40 5:40 5:40 5:40 5:42 6:24 8 7:34 298 1.520 L 7:34 7:34 7:34 7:34 7:36 8:52 10:08 11:24 10 9:26 239 2.374 L 9:26 9:26 9:26 9:53 11:52 13:51 15:49 17:48 12 11:20 199 3.418 L 11:20 11:20 11:24 14:15 17:05 19:56 22:47 25:38 15 14:10 159 5.342 L 14:10 14:10 17:48 22:15 26:42 31:09 35:36 40:04 18 17:00 133 7.692 L 17:00 19:13 25:38 32:03 38:27 44:52 51:16 57:41 Deflection: All PVC sewer pipelines shall be tested for vertical deflection after placement and compaction of backfill. Method of testing shall be by deflectometer of the rigid Go/No-Go type device. Alternative methods may be permitted only as approved by the Town. Maximum allowable deflection shall be five percent (5%) of the pipe diameter. Any and all pipe with vertical deflection greater than the allowable shall be excavated, removed from the pipeline, replaced, backfilled and compacted as specified and retested. Fraser reserves the right to require the Applicant to retest sewer lines after ten (10) months and up to twelve (12) months of service, if the Town has concerns regarding the condition of certain sections of pipe. Sections selected for retesting will be based on the results of the initial tests, the outcome of the television inspection (per Visual Inspection Test and Visual Inspection Testr, or other technical factors. The Applicant shall be responsible for the costs associated with such retesting. Fraser may elect to waive the requirement for deflection testing for any or all of the lines if, in their opinion, the internal television inspection shows no construction irregularities and/or potential areas of concern. 5.5.2 Manhole Testing During the construction of the manholes, the contractor shall, in accordance with good practice, insure that no earth, sand, rocks or other foreign material exists on the joint surface during assembly of the sections. The Town shall check each manhole to determine whether the manhole fulfills the requirements of the approved plans and Fraser Visual Examination: Fraser shall visually check each manhole, both exterior and interior, for flaws, cracks, holes, or other inadequacies which might affect the operation or watertight integrity of the manhole. Should any inadequacies be found, the contractor shall make any repairs deemed necessary by the Town. 44 Leakage Test: All manholes shall be tested for leakage and all tests shall be witnessed by the Town. The leakage test shall be conducted prior to backfilling around the manhole and shall be carried out in the following manner: 1. All lines leading into or out of the manhole shall be tightly plugged. 2. The manhole shall be filled with water to a level at least two inches (2") above the uppermost step. The water shall be allowed to stand for two (2) hours to allow for normal water absorption into the manhole material. At the end of the two (2) hour stabilization period, if the water level in the manhole has dropped below the top step, additional water will be added to bring the level above the step as before. Any visible external leakage or drop in water level noted within the one (1) hour test period shall constitute failure and the contractor shall repair or replace the defective work and retest. 5.5.3 Preliminary Internal Television Visual Inspection Test The Applicant shall notify Fraser when the sanitary sewer will be cleaned and ready for the internal visual inspection test. Upon receipt of this notification, Fraser will within a reasonable time frame, contract directly with a company to perform an internal television visual inspection test of each segment of the sewer line. A CD record of this internal inspection observation will be made of the inspection observations prior to preliminary acceptance. 5.5.4 Deferred Internal Television Visual Inspection Test A second internal television inspection of each segment of the sewer line shall be performed with the same format for labeling and stationing as the preliminary television visual inspection test. A CD record of this internal inspection observation will be made identical to that of the preliminary television visual inspection test. This deferred inspection is to be performed during the fourth quarter of the warranty period following preliminary acceptance of the sewer construction. If the deferred television inspection cannot be performed due to inclement weather and/or site conditions it will be delayed until a future date when the weather and/or site conditions allow for a safe working environment to perform the inspection, as determined by the Town. CHAPTER 6 STORMWATER SYSTEM DESIGN 6.1 GENERAL The Town of Fraser has adopted the Grand County Storm Drainage Design and Criteria Manual, Chapters 2 through 10, as its storm water detention/conveyance standards. All drainage appurtenances shall be designed and constructed in compliance with the details from the CDOT M&S Standards, the CDOT Standard Specifications for Street and Roadways Construction and the Urban Storm Drainage Criteria Manual. All earth drainage ways shall have a minimum flowline grade of two percent (2%). This does not apply to designed sedimentation basins. Drainage ways including roadside ditches with side slopes steeper than four vertical to one horizontal (4:1) shall be treated with an approved rolled erosion control product and/or slope protection. All drainage ways shall be addressed by the Engineer of Record for appropriate erosion control and rip-rap protection. Rip rap for slope protection/erosion control shall be angular hard rock with size, depth and area coverage of rip rap in accordance with design requirements of the Urban Storm Drainage and Criteria Manual. 6.2 BASIC DESIGN POLICIES All new storm sewer system designs and related information shall be in accordance with these standards. Any design standards not included within these Standards will be subject to the minimum 45 standards set forth in other current publications found in Chapter 14 Publications, References and Design Aids. In all cases the more stringent standards and design criteria shall be applicable. 6.3 REQUIRED EASEMENTS Where the municipal storm sewer system is to be located out of the public right-of-way, the Applicant shall be responsible for obtaining easements required for the construction, maintenance, and operation of the facilities. The legal description for the easements shall be prepared by a Registered Land Surveyor in the State of Colorado. Easements shall be in a form acceptable to Fraser and shall be shown on the design and as-built drawings. Fraser will not approve the design documents until all required easements have been deeded to Fraser, unless an alternate schedule is approved by Fraser. The minimum width of easements for a single pipeline shall be thirty feet (30'). Temporary construction easements shall have a minimum width of forty feet (40'). Wider easements shall be required for deep sections of pipeline, multiple lines, steep terrain, or where otherwise required by Fraser. Easement widths for deep lines are determined using Attachment A-5 Utility Easement Widths. A rectangular shaped utility easement shall be provided as needed to provide access around each storm sewer inlet for operation and maintenance tasks. The rectangular easement shall extend three feet (3') on each side of the exterior edge of the inlet. 6.4 STORM SEWER PIPING AND MANHOLES All storm sewers shall be installed prior to any on-site construction. Storm sewer material may be either reinforced concrete pipe (RCP) or reinforced concrete box sections. Storm sewer manholes shall be precast concrete manholes; minimum of four foot (4') inside diameter. Culverts shall have a minimum inside diameter of eighteen inches (18"). Reinforced concrete pipe (RCP) and the precast concrete manholes shall meet all applicable and current ASTM, CDOT and AASHTO Standards. The installation shall meet CDOT M&S Standards and CDOT Highway Specifications. 6.5 STORM SEWER INLETS Storm sewer inlets shall be constructed of precast concrete of a size and configuration required to adequately handle the design storm water flows and the detail of the street/parking area in which they are located. All inlet grates shall be traffic rated and shall meet all applicable and current ASTM and AASHTO Standards. The installation shall meet CDOT M&S Standards and CDOT Highway Specifications. 6.6 CULVERTS Culverts are required at every natural flowline encountered and as conditions dictate. All culverts shall be installed prior to any on-site construction. Culvert material may be either reinforced concrete pipe (RCP) or reinforced concrete box sections. Culverts shall have a minimum inside diameter of eighteen inches (18"). Minimum roadway design slopes shall be maintained from edge of pavement to top of pipe. Roadway side slopes shall not be steepened to reduce culvert length. All culvert pipes shall terminate with a flared end section, and connect to all drainage features to maximize flow capacities. Corrugated Metal Pipe (CMP) shall not be allowed within the right-of-way or dedicated easements. High- density polyethylene (HDPE) pipe may be used under driveways but shall not be used under public or private streets. Reinforced concrete pipe (RCP) and HDPE pipe shall meet all applicable and current ASTM and AASHTO Standards. The installation shall meet CDOT M&S Standards and CDOT Highway Specifications. 6.6.1 Installation Culverts shall be laid at the grade required by the drawings and shall be installed in accordance with the following requirements: 1. The pipe shall be protected from lateral displacement by means of a pipe embedding 46 material as specified in Trenching, Bedding and Backfill. The minimum cover shall be eighteen inches (18") for roadways and twelve inches (12") for driveway culverts. 2. The minimum grade of all culverts shall be one percent (1%). 3. Installation of multiple pipes will require spacing between pipes of one-half the diameter of the pipe, one foot (1') minimum spacing and four foot (4') maximum. 4. Cleanout access to culverts shall be provided at least every one-hundred-fifty feet (150') for pipes twenty-four inches (24") in diameter or less and every three-hundred feet (300') for pipes greater than twenty-four inches (24") in diameter. Cleanout access is required at every bend, vertical and horizontal. 5. All culverts shall be installed with inlet and outlet protection and flared end sections. Culverts shall be installed such that continuous sideslope grading can be maintained per the approved plans. This may include the installation of headwalls/wingwalls/rip-rap and level spreaders to prevent soil erosion. Slopes immediately surrounding the culvert must extend to maintain typical section grades from edge of shoulder, and shall not exceed 3:1 side slopes. 6. Driveway or street connections to a public street shall be constructed in such a way as to not impede the normal flow of drainage in roadside ditches, culverts, under drains, bridges or other drainage works, or to cause drainage to flow onto or across the driving surface of a public street. In the event that such an impediment results in damage to a Town street, the Public Works Department will correct or remove the impediment and invoice the Property Owner for the costs of repairs to the road, including but not limited to: labor, equipment and materials. 6.7 BRIDGE AND BOX CULVERT DESIGN Vehicular bridges are to conform to the AASHTO Standard Specifications for Highway Bridges requirements and specifications. All bridges shall satisfy HS20 load design ratings as minimum requirements. Plans are to be prepared by a Professional Engineer licensed in the State of Colorado and are to be submitted to Fraser for review and approval. Clear deck width must accommodate the full width of the traveled lanes, pedestrian walkways, railings and shoulders of approach roads. Guardrail end sections shall be provided on the approach and opposing sides of traffic flow and shall comply with the CDOT M&S Standards. All bridges shall be designed and provide conduits for all utilities. The waterway area shall accommodate the 100-year storm event in accordance with Federal, State, and Town regulations. The plans must show the contour line of the 100-year storm event. PART 3: PRIVATE INFRASTRUCTURE CHAPTER 7 STREET AND DRIVEWAY DESIGN 7.1 BASIC DESIGN POLICY AND PERMITTING All new street and driveway designs and related improvements shall meet the minimum standards within . the Town of Fraser Minimum Design Criteria and Construction Standards Where Access Permits are required, they shall be posted and available for inspection at the work site at all times. 7.2STREET/DRIVEWAY CLASSIFICATIONS SADT generations are defined in Chapter 3 Street and Roadway System Design. Functional classifications shall be established by the Town in accordance with Table 7.2. Private streets with higher ADT classifications than shown in Table 7.2 shall meet the requirements for public streets as defined in Chapter 3 Street and Roadway System Design. 47 The Applicant may be required to conduct traffic counts to establish or change existing street classifications. Private Streets 1. A private street has the same characteristics of a local street, in that its primary use is as an access to a limited number of single family residences or multi-family units. The street shall be designed for a design speed of not less than 20 mph. The typical cross-section for a private street is shown on Attachment A-9 Cross-Section for Private Street. Private Shared Drive 2. residences or multiple-family units. The number of units or combination of units is limited by a maximum ADT of 40. The typical cross-section for a private shared drive is shown on Attachment A-10 Cross-Section for Private Shared Drive. Individual Driveway 3. An individual driveway is defined as a single driveway accessing only one business, one residence or a single ownership property. All driveways accessing a Town street require an access permit. That portion of the driveway within the public right-of-way shall not exceed twenty feet (20') in width unless topographical conditions dictate a larger width and/or radius to accommodate emergency vehicles. Commercial Driveway/Parking Lot Drive Lanes 4. A commercial driveway is a driveway accessing a common parking area where multiple businesses are located or a single business where large commercial vehicles enter and exit on a frequent basis. The typical cross-section for a commercial driveway shall be the same as that for a local street is shown on Attachment A-8 Cross-Section for Local Street. All 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 optional proposals on a case-by-case basis. Alleys 5. Alleys provide for limited access and will be subject to special review as appropriate to the land use plan. TABLE 7.2 STREET / DRIVEWAY CLASSIFICATION AND MINIMUM DESIGN CRITERIA EASEMENT ROADBASE PAVEMENT SHOULDER CLASS ADT WIDTHWIDTHWIDTHWIDTH PRIVATE 32' 32' 22' <200 5' STREETS PRIVATE SHARED 24' 22' 20' < 40 DRIVES COMMERCIAL 6 36 36 24 varies DRIVEWAYS ALLEYS 20' 20' 16' min N/A NOTES: 1) Increase for the minimum easement widths may be required by the Town to accommodate for on-street parking, drainage improvements, sidewalks, trails, excessive cut/fill slopes, intersections, clear zones, or required snow storage. 2) All private streets and commercial drives shall include valley pans, ribbon curbs or curbs and gutter as detailed in Attachment A-11 Curb and Gutter. 48 3) On the private street or commercial driveway sections identified above, valley pans or curbs and gutter shall be used when surface flow storm drainage is proposed at the edge of the street or drive. The ribbon curb shall be used along the edge of street or drive when storm drainage is proposed in a ditch section located off the edge of shoulder. 4) The private street shoulder width of five feet (5') is measured from the flow line of the concrete valley pan to outside edge of shoulder to accommodate fire trucks. 7.3 STREET HORIZONTAL AND VERTICAL ALIGNMENT Street horizontal and vertical alignment shall conform with the requirements of Chapter 3 Street and Roadway System Design. 7.4 STREET CROSS SECTIONS Street cross sections shall conform with the requirements of Chapter 3 Street and Roadway System Design. 7.5 INDIVIDUAL DRIVEWAY CROSS SECTION All individual driveways shall be surfaced with a minimum thickness of six inches (6") of Class 6 roadbase material, compacted to a minimum of ninety-five percent (95%) standard dry density with the moisture content of the material within two percent (2%) of optimum, to prevent loose aggregate from tracking onto the street surface. For this reason, paving of all driveways is encouraged. Driveway grades reet and have vertical grades within the right-of-way greater than five percent (5%) shall be paved. That portion of the driveway that meets these criteria shall be paved to avoid erosion onto the public street. The minimum thickness of the paved portion of driveway which extends into the Town right-of-way shall match the existing depth of the adjacent asphalt roadway, or a minimum of five inches (5") thickness, whichever is greater. 7.6 STREET INTERSECTIONS Street intersections shall conform with the requirements of Chapter 3 Street and Roadway System Design. 7.7 PEDESTRIAN FACILITIES Street intersections shall conform with the requirements of Chapter 3 Street and Roadway System Design. 7.8 SIGNAGE AND STRIPING All signs, striping, markers, delineators, signals and other traffic control devices must conform to the Manual on Uniform Traffic Control Devices (MUTCD) and the Colorado Supplement to the MUTCD. No signs are permitted within the public right-of-way without the approval of the Town. All sign sheeting shall conform to ASTM D4956-04 and the retroreflectivity requirements as defined in the Manual on Uniform Traffic Control Devices (MUTCD). 7.9 PAVEMENT DESIGN Pavement design for streets, private shared drives and commercial driveways shall conform with the requirements of Chapter 3 Street and Roadway System Design. 7.10 GRADING Slopes should be gradual at all intersections to allow for sufficient snow storage and not interfere with the intersection sight triangle. The maximum cut/fill slope requirement is three vertical feet to one horizontal foot (3':1'). Slopes exceeding the 3:1 grade shall not be considered usable snow storage. Slopes shall be protected from erosion. Retaining walls for improvements on private property shall not extend into the public rights-of-way or easements. 49 7.11 STRUCTURES All driveways that utilize a bridge or box culvert to cross a waterway shall be designed and sealed/signed by a Professional Engineer, licensed by the State of Colorado and shall conform to the AASHTO Standard Specifications for Highway Bridges. 7.12 CULVERTS All culverts shall be installed prior to any on-site lot construction. Culvert material may be either reinforced concrete pipe (RCP) or high-density polyethylene (HDPE) pipe with smooth interior wall. Corrugated metal pipe (CMP) shall not be allowed within the right-of-way or dedicated easements. Culverts shall have a minimum inside diameter of eighteen inches (18") and maintain a twelve inch (12") cover from the top of the pipe to the bottom of the asphalt pavement section. Any variation to this culvert size shall require a variance; see Chapter 15 - Variance Review Procedure. Minimum roadway design slopes shall be maintained from edge of pavement to top of pipe. Roadway side slopes shall not be steepened to reduce culvert length. All culvert pipes shall terminate with a flared end section, and connect to all drainage features to maximize flow capacities. 7.13 REVEGETATION, EROSION AND SEDIMENT CONTROL See Chapter 13 Revegetation, Erosion and Sediment Control. 7.14 ON-SITE SNOW STORAGE Functional on-site snow storage shall be provided within the private property and shall not be placed within the street right-of-way or easements unless an off-site snow storage easement has been approved. CHAPTER 8 WATER SERVICE LINE STANDARDS 8.1 GENERAL No service line may be connected to the public water system without prior approval from the Town of Fraser. The Applicant must provide adequate information describing the nature of the building or development to be connected, the proposed service line size, meter location and the proposed connection point of the service line to the main. A site plan, showing the location of the proposed service line relative to other utilities on and adjacent to the property must be presented. The drawing must show the location of buildings served and parts of the site that are to be paved or otherwise intended to be kept clear of snow, and must also show depth of cover over the service line. The sizing of water service lines shall be the responsibility of the Applicant. Service line installation and maintenance is the responsibility of the Applicant, including the costs thereof and for payment of actual costs of permitting, review and inspection provided by Fraser. The service line, from the water distribution main to the point of connection to the building(s) is the responsibility of the Owner of the property served. Repairs to the service line and obtaining the required permits are also the responsibility of the property owner. Any service line construction or maintenance within the Town right-of-way requires an Access Permit from the Town of Fraser. All new water service facilities shall be in accordance with these standards and the International Plumbing Code as adopted by the Town, other applicable codes and generally accepted good construction practices. Connection of any water service line between a structure and the water main shall only be made after the service line has been pressure tested, disinfected, inspected and approved by the Town. 50 8.2 POTABLE WATER SERVICES 8.2.1 Sizing Sizing for potable water services shall be made in general conformance with AWWA Manual M22, "Sizing Water ServWhen requested by the Town, the Applicant shall, at their expense, furnish data, plans, calculations, or other information as required for the evaluation of the service size. 8.2.2 Service Connections Service connections shall be installed per Attachment A-34 Water Service Line and Curb Stop and Attachment A-35 Water Meter Assembly Installation. No connection between the water system of Fraser and the water facilities of the Owner may be made except in a public street adequate to accommodate this connection or in a location which provides adequate access for Town personnel, and which is suitable for buried pipe. Where parallel or approximately parallel to a structural wall, the service line shall be at least five feet (5') from the wall. Penetrations through structures shall be at right angles, or close thereto, through PVC sleeves and shall provide flexibility such that the service line will not be damaged by settlement of the structures. The water service shall be laid at uniform grade and in straight alignment. A reference mark shall be placed on the curb above the service line. Water and sewer service lines shall have ten feet (10') minimum horizontal separation measured from outside edge of pipe to outside edge of pipe. Where this separation is impractical, Fraser may permit other separation requirements, in accordance with applicable standards. If a water service line crosses a sewer main or sewer service, the water line shall be protected per Attachment A-23 Pipe Crossing Detail. The minimum cover shall be nine feet (9') from top of water service line to finished grade. A minimum of seven feet (7') of cover will be allowed, if at least two inches (2") of approved pipeline insulation is provided per vertical foot of cover less than nine feet (9'). The insulation installation shall be in accordance with Attachment A-18 Water Main and Service Line Bedding and Backfill Detail and the requirements of Chapter 4 - Section 4.6.2 Materials; Pipeline Insulation. Warning tape shall be installed in the trench continuously above the water line, a distance of thirty inches (30") above the pipe. The warning tape shall be three inches (3") wide and blue nd continuously in the trench. If any existing warning tape is damaged in construction activities a splice shall be made using additional warning tape tied to each end to provide a continuous warning tape along the water line. Warning tape shall be installed on water service lines from the tap at the main to the edge of the right-of-way, easement and/or shut-off/curb stop. 8.2.3 Cross-Connections (Backflow) Cross-connections of any type that permit a backflow condition from any source other than shall have a testable backflow prevention device in place of the type commensurate with the degree of health hazard posed. Each cross-connection may require a different type of backflow prevention device based on the degree of hazard posed as determined and approved by the Town. Each user of the Fraser water system shall install and maintain testable backflow prevention 51 devices on potentially hazardous service connections, as required by Article 12 of the Colorado Primary Drinking Water Regulations, (5 CCR 1003-1). All service connections within the water system must comply with Article 12, Colorado Cross-Connection Control Manual and the International Plumbing Code as adopted by the Town. Any hazardous cross-connection discovered shall be corrected immediately upon notice or the water service will be shut off. All new water service installations will be inspected for compliance with these backflow prevention requirements, see Chapter 13 of the Fraser Municipal Code. 8.2.4 Pressure Regulation All services shall be equipped with a pressure reducing valve (PRV). The PRV shall be installed upstream of the water meter and be set for a downstream pressure not exceeding seventy (70) psig. 8.2.5 Water Service Line Materials Thaw cables may be appropriate and recommended for all water services to facilitate in thawing of a frozen water service line. Contact your licensed plumber for specific details. Water Service Pipeline: The water service pipeline shall be Type K, soft copper conforming to ASTM B88, unless otherwise specifically approved by Fraser. Fittings shall be brass or copper alloy. Connections shall be by compression type fittings. Flared fittings are prohibited and shall not be allowed. Soldered joints shall not be permitted underground. Splice joints are discouraged in all water service line installations. The Town may allow the use of polyethylene pipe meeting the requirements for water service lines as provided by the International Plumbing Code as adopted by the Town. All users of polyethylene pipe for water services are advised that this material is not conducive to line thawing procedures in the event that the service line freezes. Corporation Stops: Corporation stops shall be used for the connection of services, two inch (2") and smaller, to the water main. Corporation stops shall be brass and conform to AWWA C800. The inlet shall be standard AWWA corporation stop inlet thread and the outlet shall be for compression type "K", copper service pipe. Corporation stops shall be Mueller H-15000, Ford F-600, or approved equal, provided with an insulating coupling for potable service. Curb Stops: Curb stops shall be placed per Attachment A-34 - Water Service Line and Curb Stop for all services two inches (2") and smaller. Curb stops shall be brass and conform to AWWA C800. Connections shall be for compression Curb stops shall be Mueller H-15204, Ford B-22, or approved equal. Curb stop operating nut shall be extended as necessary for the operator extension to be located twenty-four inches (24") to thirty-six inches (36") from the top of the stop box. Stop boxes shall have the base section and lid constructed of cast iron with an adjustable steel upper section. A bronze spring friction ring assembly shall provide a seal between the upper and base section and provide one foot (1') of adjustment. Service Saddles: Service saddles shall be used for all water taps on any pipe other than DIP (Ductile Iron Pipe). For DIP, three-quarter inch (¾") taps may be made without using a service saddle on six inch (6") pipe. Three-quarter inch (¾") and one inch (1") size taps may be made without service saddles on eight inch (8") size of pipe or larger. All other DIP taps shall be made with a double strap bronze saddle, Smith Blair No. 357, Rockwell No. 323 or 52 approved equal. Yard Hydrants: Yard hydrants are prohibited and shall not be used. Stop and Waste Valves: Stop and waste valves are prohibited and shall not be used. 8.2.6 Water Meters Meters shall be required on all connections to the TowThe Applicant or property owner requesting service is responsible for the cost of the meter assembly and all labor and materials for the installation of the meter and appurtenances. See Attachment A-35 Water Meter Assembly Installation. Meter locations must provide reasonable access for inspection and maintenance of the water meter assembly. Meter vaults or pits are prohibited. The Town will provide Sensus water meters as a component of the water meter assembly. All parts of the assembly are required for a complete and approved unit. Components for the water meter assemblies available are: ¾" Meter Assembly Quantity Product Description 1 3/4" SRII Meter (ECR), 1,000 Gal. read, w/Cast Iron Bottom, Bronze Bonnet 1 3/4" #25AUB-Z3 Pressure Reducing Valve (Watts) 1 3/4" #007M3QT-S Non Health-Hazard Backflow Assembly (Watts) or 1 3/4" #009M3QT-S Health-Hazard Backflow Assembly (Watts) 1 3/4" CH88-333-9275 Meter Setter, Ford Copperhorn w/MIPT 2 3/4" by close Brass Nipples 2 3/4" FBV-3 Brass Ball Valve, Full Port (Watts) 1 510R MXU (transmitter), Single Port, Internal Battery, TouchRead Active 1" Meter Assembly Quantity Product Description 1 1" SRII Meter (ECR), 1,000 Gal. read, w/Cast Iron Bottom, Bronze Bonnet 1 1" #25AUB-Z3 Pressure Reducing Valve (Watts) 1 1" #007M1QT-S Non Health-Hazard Backflow Assembly (Watts) or 1 1" #009M2QT-S Health-Hazard Backflow Assembly (Watts) 1 1" CH88-444 Meter Setter, Ford Copperhorn w/MIPT 2 1" by close Brass Nipples 2 1" FBV-3 Brass Ball Valve, Full Port (Watts) 1 510R MXU (transmitter), Single Port, Internal Battery, TouchRead Active Meter Assemblies For meter assemblies larger than one inch (1"), coordinate the meter assembly component requirements with the Public Works Department. When determining the type of backflow assembly necessary the following shall apply: for all non-health hazard applications, the Watts 007 Series shall be installed; for all health-hazard applications the Watts 009 Series shall be installed. In all cases where a fire suppression 53 system(s) or irrigation system(s) is present, it shall be considered a high-health hazard application. All other applications will be determined and approved by Fraser. 8.3CONSTRUCTION 8.3.1 General The service line connection shall be constructed as shown in Attachment A-34 Water Service Line and Curb Stop. All excavations for water service installations shall be adequately guarded with barricades and lights so as to protect the public from hazards per existing governmental requirements. Utilities, streets, sidewalks, parkways, and other public or private property disturbed in the course of work shall be restored to their original condition in a manner satisfactory to the Town. 8.3.2 Service Line Excavation, Bedding and Backfill All excavations required for the installation of a water service shall be open-trench work, unless otherwise approved by Fraser. The services shall be bedded and backfilled in accordance with the minimum cover and/or insulation requirements of Chapter 8 - Section 8.2.2 Service Connections. The bedding and pipe zone material from the water main line to the curb stop shall meet the requirements of the bedding and pipe zone materials for the water main. Backfill materials shall be select native soils with six inch (6") maximum diameter rock. The connection to the water main shall be made in the presence of and approved by the Town. The line, valves and fittings must be leak-free under line pressure. The trench of each service line shall not be backfilled from the building to the tap, until the completed line is approved by the Town. 8.4 SERVICE LINE CONNECTION The Applicant for water service shall notify the Town when the service is ready for connection to the water main. The connection to the water main shall be made in the presence of and approved by the Town. The line and fittings must be leak-free under pressure. The service line shall meet the requirements of the Plumbing Code as adopted. 8.5 AS-BUILT DOCUMENTATION The Applicant shall submit an As-Built Drawing showing the location of the point of connection, the curb stop, and other related improvements relative to visible and reasonably permanent surface features, such as sewer manholes, building corners, property pins and/or power/light poles. If the service line is part of a subdivision development project the as-built information shall be submitted in accordance with As-Built Drawings. 8.6 ABANDONMENT OF EXISTING SERVICE LINES In order to maintain the safety and integrity of the water system, a watertight cap shall be provided for any water service line being abandoned. Three scenarios are outlined herein to provide such water tight cap: 1. If the water main is located under an existing paved street and the service line between the corporation stop and curb stop is determined to be copper, in sound condition as determined by Fraser, the service can be abandoned by shutting off the curb stop, cutting the service line approximately six inches (6") from the curb stop and silver-soldering a cap on the cut service line utilizing silver-solder. 2. If the water main is located under an existing paved street and the service line is of non-copper material or copper in poor shape the corporation stop shall be exposed and shut off. A cap or plug shall be installed at the corporation stop. 3. If the water main is located outside the paved street surface area, the corporation stop shall be 54 exposed and shut off. A cap or plug shall be installed at the corporation stop. The required scenario for service line abandonment shall be determined by the Town. In each case, the curb stop box and cover should be removed. Reference ties to the curb stop or corporation stop shall be recorded and provided to the Town. The water service line abandonment shall be approved and inspected by the Town. CHAPTER 9 SANITARY SEWER SERVICE LINE STANDARDS 9.1 GENERAL No service line may be constructed without prior approval from Fraser. The Applicant must provide adequate information describing the nature of the building or development to be connected, the proposed service line size, and the proposed connection point of the service line to the main. A site plan, showing the location of the proposed service line relative to other utilities on and adjacent to the property must be presented. The drawing must show the location of buildings served and parts of the site that are to be paved or otherwise intended to be kept clear of snow, and must also show service line slope and depth of cover over the service line. The sizing of sewer service lines shall be the responsibility of the Applicant. When requested by Fraser, the Applicant shall, at their expense, furnish data, plans, calculations, or other information as required for the evaluation of the service size. The service line, from the sanitary sewer main to the point of connection to the building(s) is the responsibility of the Owner of the property served. Repairs to the service line and obtaining the required permits are also the responsibility of the property owner. Any service line construction or maintenance within the Town right-of-way requires an Access Permit from the Town of Fraser. All new sanitary sewer service line facilities shall be in accordance with these standards and the Plumbing Code as adopted, other applicable codes and generally accepted good construction practices. In cases where the sanitary sewer line is installed under a new street within a subdivision, the Applicant is required to extend the sanitary sewer service lines to the property line prior to paving the street. This segment of the service line shall be pressure tested concurrently with the sanitary sewer main pressure test prior to paving the street. 9.2 SANITARY SEWER SERVICES 9.2.1 Sizing/Capacity The size and slope of the building service sewer shall be subject to the approval of the Town, but in no event shall the diameter be less than four inches (4"). Minimum grade and slopes shall be as follows: 4" ........ 2.0% Normal; 1.0% Minimum 6" ........ 1.00% 8" ........ 0.60% 9.2.2 Service Connections Where parallel or approximately parallel to a structural wall, the service line shall be at least five feet (5') from the wall. Penetrations through structures shall be at right angles, or close thereto, through PVC sleeves and shall provide flexibility such that the service line will not be damaged by settlement of the structures. Sewer and water service lines shall have ten feet (10') minimum horizontal separation measured from outside of pipe to outside of pipe. Where this separation is impractical, Fraser 55 may permit other separation requirements, in accordance with applicable standards. If a water line passes within eighteen inches (18") vertical distance above a sewer main or service or if it lies within the minimum horizontal separation distance of the sewer main or service, the per Attachment A-23 Pipe Crossing Detail. If a water line crosses under a sewer service, a twenty foot (20) length of C- 900 PVC shall be used for the gravity sewer line. Smith-Blair 229, Full Circle Collar Leak Repair Clamps shall be installed on all sanitary sewer joints within the minimum horizontal clearance requirements and no water line pipe joints shall be located within the minimum horizontal clearance requirement. The minimum cover shall be seven feet (7') from top of sewer service line to finished grade. Service lines with less than seven feet (7') of cover will be considered by Fraser with installation of two inches (2") of pipeline insulation installed for every foot of cover less than seven feet (7'). The Town shall review and approve all locations where pipe depths are less than seven feet (7'). In no case shall a sanitary sewer service line have a depth less than five feet (5'). Service lines shall be installed in accordance with the details per Attachment A-38 Sewer Main and Service Line Bedding and Backfill Detail. Pre-installed wye fittings shall be used for service connections. No saddle wyes are allowed except to clay pipe. The hole into the clay pipe shall be core drilled prior to placement of the saddle. If the pipe is damaged or broken, the Applicant shall replace the broken or damaged pipe. Connection to lines larger than fifteen inches (15) shall be made using reducing tees or other method proposed by the Applicant/Owner and approved by Fraser. The service line connection shall conform to the Attachment A-42 Sewer Service Line Connection Detail. Warning tape shall be installed in the trench above the sewer line. The warning tape shall be installed continuously above the sewer line, a distance of thirty inches (30") above the pipe. The warning tape shall be three inches (3") wide and green Buried Sewer Line Below warning tape is damaged in construction activities, a splice shall be made using additional warning tape tied to each end to provide a continuous warning tape along the sewer line. Warning tape shall be installed on sewer service lines from the tap at the main to the edge of the right-of-way, easement and/or cleanouts. Each service line is to have a four inch (4") cleanout installed within twenty feet (20') of the building served, per Attachment A-42 Sewer Service Line Connection Detail, Attachment A-43 Sewer Service Line Cleanout Detail Unpaved Location and Attachment A-44 Sewer Cleanout Collar Detail Paved Location. Cleanouts are required for any forty-five degree (45) bend in service line direction and at intervals of no greater than ninety feet (90'). Cleanouts located within paved areas shall be raised to final grade with either asphalt surfacing installed adjacent to the cleanout or with a concrete collar. If the cleanout is set at final grade during the asphalt paving process the following procedure shall be followed: 1. Installation of the bottom lift of asphalt shall be placed over the top of the cleanout. 2. The cleanout shall be exposed and set to its final grade at one-half inches (0.5") lower than the grade of the final asphalt surface. Any void created in the bottom lift of asphalt by exposing and raising the cleanout shall be filled with compacted hot mix asphalt prior to placement of the top lift of asphalt. 3. Installation of the top lift of asphalt shall be placed and compacted maintaining the required vertical distance from the pavement surface to the top of the cleanout. The cleanout shall remain vertical and plumb. 56 If a concrete collar is the selected method used to raise the cleanout to final grade it shall be installed after the top lift of asphalt is placed and in accordance with Attachment A-43 Sewer Service Line Cleanout Collar Detail Unpaved Location and Attachment A-44 Sewer Cleanout Collar Detail Paved Location. 9.2.3 Sanitary Sewer Service Materials Sewer service pipe shall be PVC, and shall either be SDR 26 or C-900 pipe. Where a different pipe material is encountered at the connection point to the sanitary sewer main, a flexible coupler shall be used. The flexible coupler shall be made of an elastomeric compound and shall be connected at each end with a stainless steel clamp. The coupler shall be leak- proof, root-proof and resistant to chemicals, UV rays and normal sewer gases. The coupler shall be: Fernco, Part No. 1051-44; US Pipe Corp., Part No. 30552; Or approved equal. When pre-approved by Fraser, where sewer service lines of two different pipe types are being connected together, the water-tight connector fitting shall be a manufactured fitting specifically for connection of that size and type of pipe. 9.2.4 Grease Interceptors Grease interceptors shall conform to the specifications in the International Plumbing Code (IPC) as adopted by the Town and the Fraser Municipal Code. Grease interceptor layout and detail shall be submitted to Fraser for review and approval prior to construction or installation. 9.2.5 Oil and Sand Separators Oil and Sand Separators shall conform to the specifications in the International Plumbing Code (IPC) as adopted by the Town and the Fraser Municipal Code. Oil and sand separator layout and detail shall be submitted to Fraser for review and approval prior to construction or installation. 9.3 CONSTRUCTION 9.3.1 General The line shall be water tight and on a constant grade in a straight line, and not closer than five feet (5') from any structural bearing wall. No service connections shall be made during winter thth months from October 15 to April 15 without written approval from the Town. All excavations for sanitary sewer service installations shall be adequately guarded with barricades and lights so as to protect the public from hazards per existing governmental requirements. Utilities, streets, sidewalks, trails, parkways, and other public or private property disturbed in the course of work shall be restored to their original condition in a manner satisfactory to the Town. 9.3.2 Service Line Excavation, Bedding and Backfill All excavations required for the installations of the sewer service shall be open-trench work, unless otherwise approved by the Town. The services shall be bedded and backfilled in accordance with the minimum cover and/or insulation requirements of Chapter 8 - Section 8.2.2 - Service Connections. The bedding and pipe zone material shall meet the requirements of the bedding and pipe zone materials for the sewer main. Backfill materials shall be select native soils with six inch (6") maximum diameter rock. The trench of each service line shall not be backfilled from the building to the tap until the 57 completed line is inspected and approved by the Town. 9.4 SERVICE LINE CONNECTION The Applicant for sewer service shall notify the Town when the service is ready for connection to the sewer main. The connection to the sanitary sewer main shall be made in the presence of and approved by the Town. The line and fittings must be leak-free. The service line shall meet the requirements of the International Plumbing Code as adopted. 9.5 AS-BUILT DOCUMENTATION The Applicant shall submit an As-Built Drawing showing the location of the point of connection, the curb stop, and other related improvements relative to visible and reasonably permanent surface features, such as building corners, property pins or power/light poles. If the service line is part of a subdivision development project the as-built information shall be submitteAs-Built Drawings. 9.6 ABANDONMENT OF EXISTING SERVICE LINES In order to maintain the efficiency and integrity of the system, a watertight cap shall be provided for any sewer service line being abandoned. Two scenarios are outlined herein to provide such water tight cap: 1. If the sanitary sewer main is located under an existing paved street, the service line can be abandoned by cutting the service line at the property line, then glue a watertight cap on the cut service line. 2. If the sanitary sewer main is located outside the paved street surface area, the service line can be abandoned by cutting the service line at the property line or at a location adjacent to the wye branch, as determined by Fraser, then glue a watertight cap on the cut service line. The required scenario for service line abandonment shall be determined by the Town. Reference ties to the capped end of the service line shall be recorded and provided to the Town. The sanitary sewer service line abandonment shall be approved and inspected by the Town. PART 4: GENERAL CHAPTER 10 OTHER UTILITIES, EXTERIOR LIGHTING AND LANDSCAPING SPECIFICATIONS 10.1 UNDERGROUND DRY UTILITIES 10.1.1 General All utility installations within the Town right-of-way shall require submittal of all required permits and approval by Fraser prior to any installation activity.All utilities must be clearly labeled on the plans and shall include the type, size, height, etc. All dry utility lines shall be designed according to the governing utility requirements and standards. The applicant is strongly encouraged to contact all utility providers for their current design standards and requirements during the preliminary phase of development to ensure adequate easements are provided. All access structures to buried dry utilities, such as manholes, valves, vaults, etc. located within public rights-of-way (such as streets, shoulders sidewalks and trails) shall be traffic rated and of heavy-duty construction, capable of safely supporting anticipated maintenance equipment and vehicular traffic. When a structure is located within a traveled surface it shall be raised to final grade with either asphalt surfacing or a concrete collar installed adjacent to 58 the structure. If a structure is set at final grade during the asphalt paving process the following procedure shall be followed: 1. Installation of the bottom lift of asphalt shall be placed over the top of the structure. 2 The structure shall be exposed and set to its final grade at one-half inches (0.5") lower than the grade of the final traveled surface. Any void created in the bottom lift of asphalt by exposing and raising the valve box shall be filled with compacted hot mix asphalt prior to placement of the top lift of asphalt. 3 Installation of the top lift of asphalt shall be placed and compacted maintaining the required vertical distance from the traveled surface to the top of the structure. The structure shall remain vertical and centered over the utility. If a concrete collar is the selected method used to raise the structureto final grade it shall be installed after the top lift of asphalt is placed and in accordance with Attachment A-29 Structure/Manhole Concrete Collar Detail. Structures located in the shoulder area of the right-of-way shall be constructed in accordance with Attachment A-27 Manhole/Structure/Valve Box Placement Shoulder Area. Service lines from all public and private utilities shall be stubbed out for each lot in such a manner that it will not be necessary to disturb the street pavement, curb, gutter, roadside ditch, sidewalk, trails and/or right-of-way/property lines when connections are made. 10.1.2 Installation All dry utilities installed within the Town right-of-way shall be installed in conduit or per the utility company specification. The following are the minimum depths required within the right-of-way of the Town of Fraser: UTILITY MINIMUM DEPTH WATER Based on Fraser Standards SANITARY SEWER Based on Fraser Standards ELECTRICAL 4' FIBER OPTICS 4' GAS 4' PHONE 3' T.V. CABLE 3' A ten foot (10') centerline to centerline separation shall be maintained between the waterline and all dry utilities and between the sanitary sewer and all dry utilities, unless otherwise approved by the Town. 10.1.3Bridge / Culvert Crossing In general, utilities are not permitted to be attached to bridges and must be placed at least four feet (4') below the ditch or creek flowline as close to the right-of-way line as conditions permit. The utility must be continued four feet (4') below the flow line elevation for a minimum distance of at least ten feet (10') on either side of the ditch bank or twenty feet (20') beyond the historic high water line as defined by the Fraser FEMA Flood Insurance Study. This would generally permit future bridge and channel improvements without the necessity of relocating utilities. Where utilities are permitted to be attached to bridges due to overriding conditions 59 encountered in the field, as determined by the Town, and then such utilities shall be installed as approved by the Town. 10.2 ABOVEGROUND UTILITIES 10.2.1 General The location and installation of any aboveground utility structures such as cabinets, risers, poles, pedestals or other appurtances within the Town right-of-way are subject to Town approval. Aboveground utility structures shall not be placed to be in conflict with a pedestrian walkway or drainage way. Aboveground utility structures shall not be set less than ten feet (10') from the edge of asphalt or concrete of any Fraser street or within a ten foot (10') radius of any fire hydrant, unless approved by the Town. In no case will an above ground structure be permitted within the clear zone unless proper safety measures are in place (i.e. guardrail, steel concrete-filled bollards, etc.). 10.3 EXTERIOR LIGHTING SPECIFICATIONS 10.3.1 Commercial Lighting for the Business District and all Mixed Use, Lodging and Commercial zoned planning areas in all Planned Development Districts. 1. All commercial luminaires (a fixture and its bulb) shall be Dark Sky Compliant, which means that all exterior lighting fixtures shall be hooded and/or shaded so that zero light is emitted above a horizontal plane drawn through the lowest part of the luminaire and no more than ten percent (10) of light emitted at the eighty degree (80) 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. 2. There shall be no single bulb intensity which exceeds 250 watts. 3. Maximum height of fixtures shall not exceed twenty-five feet (25'). 4. Light intensity at ground level shall not exceed two (2) foot-candles average within a maximum to minimum ratio of fifteen to one (15:1). 5. Fixtures located on buildings shall not be located above the eave line or above the top of the parapet wall. A Lighting Plan shall be submitted on a site plan, indicating the location of each current and proposed outdoor lighting fixture with projected hours of use. The plan shall include a KEY to the proposed lighting that provides the following information: Type and number of luminaire equipment (fixtures), including the 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-- A photometric plan, including estimated foot-candle levels with maximum and average illumination, is required for parking lots with ten or more parking spaces. Maximum illuminance levels should be expressed in foot-candle measurements on a ten foot (10') by ten foot (10') grid 60 of the site. The grid shall include light contributions from all sources (i.e. pole mounted, wall- mounted, sign and street light). Show foot-candle renderings a minimum of five 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. 10.3.2 Street Lighting All luminaires (a fixture and its bulb) shall be Dark Sky Compliant, which means that all exterior lighting fixtures shall be hooded and/or shaded so that zero light is emitted above a horizontal plane drawn through the lowest part of the luminaire and no more than ten percent (10) of light emitted at the eighty degree (80) 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. Street lighting on public streets shall be designed to address locations that receive heavy pedestrian or vehicular use in areas that are dangerous if unlit, such as roundabouts, traffic circles, intersections, ramps or abrupt changes in grade. Street lights shall be a minimum distance of five feet (5') behind the back of the curb of the street, unless otherwise approved by the Town. If a sidewalk is proposed behind the back of curb, the street light shall be placed two feet (2') behind the back of sidewalk. 10.4 LANDSCAPING SPECIFICATIONS 10.4.1 Landscaping for the Business District and all Mixed Use, Lodging and Commercial zoned planning areas in all Planned Development Districts. All developments shall be responsive to site and natural conditions and minimize disturbance to land and existing vegetation. The landscaping plan shall demonstrate that a reasonable effort has been made to preserve existing healthy trees, shrubs and topsoil. (a) 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. 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 shall review all landscaping plans. (b) 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). See Chapter 13 Revegetation, Erosion and Sediment Control. (c) 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. (d) 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 61 landscaping. (e) Wildfire defensible space. Creating a defensible space around a home and on property is an important step to take in order to protect your home and property from wildfire. Defensible 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. (f) A landscaping plan shall include, at a minimum, the following: North arrow. Property lines. Locations of existing and proposed structures on the site. Location of all existing and proposed hard surfaces. Location of existing natural features. Table listing of botanical names, the common names and the planting sizes and quantities of all plantings. 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 inch (1) in caliper. Minimum size for evergreen trees shall be six 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 but is not required. (h) Landscaping requirements: Landscaped Area: Fifteen percent (15%) of the lot area. Tree requirement: Seventy-five percent (75%) of the landscaping area Shrub requirement: Fifteen percent (15%) of the landscaping area (i) 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 62 sidewalks and buildings should be considered in the design of the landscaped areas. Parking areas adjoining a street shall provide a landscape buffer between the street right-of- way and parking area. The landscaping 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. The landscaping plant materials shall include one (1) tree and two (2) shrubs for every twenty feet lot frontage. (j) Parking lot interior landscaping islands 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. (k) Landscaping maintenance: Landscaping maintenance shall include irrigation, fertilization, pruning and noxious weed control. The applicant shall also submit suitable collateral to ensure the completion of the landscaping requirement. The collateral shall be no less than one hundred twenty-five percent (125%) of the estimated cost of the plant materials. The collateral shall be in a form of a letter of credit, cash deposit or other such legal assurance as may be deemed appropriate by the Town and approved by the Town Attorney. 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 upon the funds to replace plant materials which have died. The remainder of the collateral, if any, shall be returned to the owner of record upon the expiration of the 2 year period. CHAPTER 11 TRENCHING, BEDDING AND BACKFILL 11.1 TRENCH ZONES the Standard Drawings, Attachment A-18 Water Main and Service Line Bedding and Backfill Detail and Attachment A-38 Sewer Main and Service Line Bedding and Backfill Detail. Bedding Zone 1. . The Bedding Zone shall consist of all material placed below the pipe invert or, when permitted, the native materials graded and prepared for direct placement of the pipe. Pipe Zone 2. . The Pipe Zone shall consist of all material placed above the pipe invert to an elevation shown on Attachment A-18 Water Main and Service Line Bedding and Backfill Detail and Attachment A-38 Sewer Main and Service Line Bedding and Backfill Detail. Backfill Zone 3. . The Backfill Zone shall consist of all material above the Pipe Zone. 11.2 MATERIAL All bedding and backfill material shall have the approval of the Engineer of Record. All bedding and backfill material shall be free of frozen material, organic material and debris. The materials to be used in each trench zone are indicated on the Attachment A-18 Water Main and Service Line Bedding and Backfill Detail and Attachment A-38 Sewer Main and Service Line Bedding and Backfill Detail drawings 63 using these materials are described below. All materials may be subject to gradation tests and compaction tests prior to approval of the use of that material. 11.2.1 Granular Bedding Material When used in the Bedding Zone and Pipe Zone with Ductile Iron Pipe (DIP), sanitary sewer PVC pipe or waterline PVC pipe, this material shall be a clean, well-graded gravelly material and shall conform to the following limits when tested by means of laboratory sieves: Total Percent Sieve Size Passing by Weight 3/8 inch 100 No. 4 70 - 100 No. 8 36 - 93 No. 16 20 - 80 No. 30 8 - 65 No. 50 2 - 30 No. 100 1 - 10 No. 200 0 - 3 Compaction of this bedding material is required utilizing mechanical tamping equipment within the bedding zone prior to installation of the pipe. Compaction testing shall be required. 11.2.2 Class 6 Aggregate (CDOT) Backfill Material When used in the Bedding Zone and Pipe Zone with Ductile Iron Pipe (DIP), sanitary sewer PVC pipe or waterline PVC pipe, this material shall conform to the following limits when tested by means of laboratory sieves: Total Percent Sieve Size Passing by Weight 3/4-inch 100 No. 4 30 - 65 No. 8 20 - 55 No. 200 3 - 12 Compaction of this backfill material is required utilizing mechanical tamping equipment within the backfill zone prior to installation of the pipe. Compaction testing shall be required. 11.2.3 Coarse Aggregate Bedding and/or Backfill Material When used in the Bedding Zone and Pipe Zone with Ductile Iron Pipe (DIP), when sheathing is not required and sanitary sewer PVC pipe, this material shall be crushed rock or angular surfaced gravel and shall conform to the following limits when tested by means of laboratory sieves: Total Percent Sieve Size Passing by Weight 1-inch 100 3/4-inch 90 - 100 3/8-inch 20 - 55 No. 4 0 - 10 No. 8 0 - 5 Compaction testing may not be required for this material, at the discretion of the Town. 11.2.4 Select Material For use in the Backfill Zone - Select material shall not be permitted unless authorized by the Town Engineer. This material shall consist of suitable material screened from the excavated 64 earth having no rocks or stones greater in size than two inches (2") for DIP or RCP, three- fourths inch (¾") for all other gravity flow pipe and one-half inch (1/2") for all other pressure pipe. 11.2.5 Trench Stabilization Material This material shall be a three-fourths inch (¾") to one and one-half inch (1½") uniformly- graded, crushed rock or concrete aggregate. 11.2.6 Backfill Material For use in the Backfill Zone - Backfill material shall consist of suitable material from the excavated earth, meeting all the requirements of the Specifications. No boulders over six inches (6") in any dimension shall be allowed in the trench backfill. 11.3 BEDDING AND BACKFILL INSTALLATION Unless accurate results cannot be obtained, the compaction requirements shall conform to maximum dry density according to ASTM D698, standard test methods for laboratory compaction characteristics of soil using standard effort (Standard Proctor). When the ASTM D698 test is not applicable, the percentage compaction requirements shall conform to ASTM D4253 standard test methods for maximum index density and unit weight of soils using a vibratory table (Relative Density). In areas under roadways and in the public right-of-way, compaction tests shall be performed in the trench for the bedding and in the backfill zone one and one-half feet (1½') above the top of pipe and in one foot (1') vertical increments to finish grade. Compaction tests shall be performed for each vertical increment noted above and at horizontal intervals of every one-hundred feet (100'), measured along the centerline of pipe. Where water and sewer lines are located within an easement outside the public right-of-way, the Town will determine if compaction and compaction testing is required on a case-by-case basis following a review of specific site conditions. The Applicant is responsible for providing adequate materials testing and/or geotechnical engineering resources to provide the quality control requirements stipulated herein. 11.3.1 Bedding Zone Installation Bedding material shall consist of the material on which the pipe is placed in accordance with the pipe trench details. Bedding material shall be placed to the required elevation of the pipe invert. Tamping equipment shall be used to thoroughly tamp the bedding material to a minimum of ninety-five percent (95%) standard dry density or to seventy-five percent (75%) relative density. The moisture content of the material shall be within two percent (2%) of optimum. 11.3.2 Pipe Zone Installation After bedding material has been placed and approved and after the pipe has been installed and approved, the pipe zone backfill shall be installed to an elevation shown on the pipe trench details. The pipe zone material shall be as specified on the details and shall be placed and compacted in distinct, separate lifts not to exceed six inches (6") of loose depth; except that the first loose lift shall not be higher than the pipe centerline (springline). Compaction shall -bars or mechanical tamping equipment. 11.3.3 Backfill Zone Installation 65 1. Outside of the public right-of-way and not under driveways, streets and parking lots. After the pipe zone backfill has been placed and approved, the trench shall be backfilled. All backfill above the pipe zone backfill shall be carefully placed in the trench in lifts no greater than eighteen inches (18"). Each lift shall be compacted by mechanical equipment to ninety percent (90%) of standard dry density. After the trench is backfilled to the ground surface a loaded dump truck or loader placed in the trench line shall compact the backfill by its wheel load. No less than two (2) passes shall be made. If the backfill is depressed below the finished grade elevation, the depressed area shall be refilled and compacted. The backfill shall be mounded higher than the adjacent ground to allow for settlement. 2. In roads, streets and parking lots and in the public right-of-way, backfill shall be carefully placed and compacted. Compaction shall be by mechanical tamping in eight inch (8") maximum loose lifts using mechanical or hand tampers, weighing not less than twenty (20) pounds, or vibratory rollers. All other means must be approved in writing by the Town Engineer. All backfill shall be compacted to ninety-five percent (95%) of maximum standard dry density or seventy percent (70%) relative density. The material shall be within two percent (2%) of optimum moisture content. CHAPTER 12 - ROAD AND TRAIL CUT STANDARDS AND REGULATIONS 12.1 PERMIT AND REGULATIONS An Access Permit Application shall be submitted for driveway construction or other improvements within the public right-of-way prior to commencing any work within the right-of-way. An approved Access Permit shall be posted at the work site and available upon request at all times. thth Work affecting any public improvement shall not be permitted between October 15 and April 15 unless approved by the Town. 12.1.1 Boring/Jacking Where the installation of a utility improvement is underneath a surfaced area (i.e. roadways, trails, etc.) boring or jacking beneath the paved surface may be required at the discretion of the Town. Open-cut trenching is not allowed within a distance of ten (10) feet from the edge of any pavement. No water shall be used in boring and no tunneling shall be permitted. 12.1.2 Asphalt Cuts All open cut road backfill shall be compacted in place to ninety-five percent (95%) of standard proctor density at two percent (2%) over/under optimum moisture. Compaction testing is the responsibility of the Applicant. At the discretion of the Town, use of flowable-fill may be allowed to the bottom of the existing pavement section during construction. Sub-grades on all open cut roads within paved sections will require a proof of density test meeting the requirements of these standards. All cuts made in asphalt, concrete, or chip seal surfaces shall be made by mechanically cutting to a true straight horizontal and vertical line. The final pavement edge shall be cut one foot wider than the top of the trench excavation and shall not be made until immediately prior to patching. All street surface patches shall meet and match the existing street surface and cross section. All excavations that are made in paved streets must be completely restored within thirty (30) days after acceptance of the sub-grade and backfill by the Town. Excavations between thth September 15 and October 15 shall be repaved within five (5) business days. Excavations thth within the right-of-way shall not be permitted after October 15 or prior to April 15 unless 66 otherwise approved by the Town. Temporary repairs may be made by tamping and rolling into place a cold mix asphaltic concrete. Such cold mix patches shall be removed and replaced by a permanent hot mix asphaltic concrete as soon as weather and availability of materials permit. Replacement asphalt for streets and roads shall be CDOT Grade C, placed on compacted sub-grade, nine inches (9") full depth or existing thickness plus three inches (3"), whichever is greater. Replacement concrete shall be CDOT Class A/B placed on compacted sub-grade, seven inch (7") depth or existing thickness plus two inches (2"), whichever is greater. The concrete patch shall be doweled in place. Replacement asphalt for trails shall be CDOT Grade C, placed on compacted sub-grade, six inches (6") full depth or existing thickness plus three inches (3"), whichever is greater. Damaged pavement shall be repaired by appropriate methods as approved by the Town. In general, cracks are to be filled with the proper asphaltic product and the surface properly seal coated. An asphalt concrete overlay two inches (2") thick for the full width of the paved surface shall be required in those instances which in the opinion of the Town, the riding quality, or the appearance of the finished street has been impaired. Sub-grade failures y equipment shall be rectified by reconstructing the sub-grade layers and replacing the sub-base, base and asphalt pavement within the damaged area and ten feet (10') in each direction from this damage area. In the event that asphaltic concrete base, soil cement or other base course materials are encountered during excavation, restoration shall be made in kind or as otherwise specified by Fraser. Streets completed in areas of excavated and backfilled trenches or cuts that show signs of depressions or evidence of failure which have not been repaired by the Applicant after 12.2 GENERAL POLICIES Construction work shall be planned so as not to create safety hazards, maintenance problems or to obstruct drainage ways. The Town shall be informed forty-eight (48) hours prior to the start of construction and shall be notified when construction is completed. No cleated or track equipment shall work on or move over paved surfaces without mats. Any damage to the pavement due to equipment operation shall be repaired immediately at the expense of the permittee. 12.3 TRAFFIC CONTROL Adequate warning signs, barricades, lighting and other devices as specified in the Manual on Uniform Traffic Control Devices shall be provided, and maintained by the Applicant. Traffic Control Plan shall be provided to the Town as required by the Access Permit Application. 12.4 INSPECTION AND WARRANTY A minimum of forty-eight (48) hours notice is required to schedule inspections, which are available Monday through Thursday 8:00 am to 3:00 pm and Friday 8:00 am to 12:00 noon. Connection to any public water or sewer mains is prohibited on Friday, Saturday, and Sunday. The Town will not make inspections during any period when climatic conditions interfere with making a thorough inspection, as determined by the Town. 12.4.1 Preliminary Inspection Upon completion of construction of all improvements, the Applicant shall notify the Town and request a preliminary inspection. During the preliminary inspection, a walk through will be performed and a punch list of any deficient items will be provided to the Applicant within ten 67 (10) days of the date of the walk through. Minor punch list items, as determined by the Town, may be completed during the warranty period. Significant punch list items, as determined by the Town, shall be satisfactorily completed prior to the start of the warranty period. If significant items, as determined by the Town, are noted during the walk through, the Applicant shall satisfactorily complete the repair or replacement of those significant items and schedule a follow-up inspection with the Town. 12.4.2 Warranty A twelve (12) month warranty is required for all street and roadway right-of-way projects. The warranty period shall commence upon written notice from the Town of Fraser of satisfactory completion of the work performed under the approved access permit. If deficiencies are noted during the warranty period, the Town will notify the Applicant of the deficiencies. The Applicant shall correct those deficiencies within thirty (30) days of notification by Fraser. 12.4.3 Final Inspection and Approval Approximately thirty (30) days prior to expiration of the warranty period a final inspection will be scheduled (subject to weather). Upon final inspection, if the Town finds the improvements are not substantially free of defects in materials and workmanship, final approval will not be granted. The Applicant shall take such action as is necessary to correct any noncompliance, and upon correction of the same, shall request a follow up inspection by the Town. Upon final approval, the release of any financial surety may be processed. 12.5 EMERGENCY CONDITIONS Work required in a Town right-of-way due to emergency conditions (such as the immediate threat to the loss of life or property), may be completed without prior Town approval. As soon as it is determined that emergency work is to be performed, the Town shall be notified as soon as possible. However, this does not provide a waiver of any required permits, design or construction requirements. Any such requirements shall be addressed as soon as reasonably possible. CHAPTER 13 REVEGETATION, EROSION AND SEDIMENT CONTROL 13.1 INTRODUCTION The purpose of establishing and implementing these erosion and sediment control and revegetation criteria is to prevent degradation to water quality, downstream properties and receiving waterways as a result of the site disturbance. The East Grand Water Quality Board Erosion and Sediment Control for Construction Activities Guidance Manual provides design requirements and best management practices. 13.2 REGULATORY REQUIREMENTS All Applicants/Developers are responsible for compliance with the Clean Water Act, the Colorado Water Quality Control Act, the Colorado Discharge Permitting System, and any other applicable regulations. 13.3 REVEGETATION All areas disturbed during construction shall include, at a minimum, three inches (3") of conditioned soil suitable for establishing the required vegetation cover and to prevent soil erosion. The seedbed shall be 68 properly prepared to be firm but not compacted for successful seed to soil contact and germination. Seeding shall take place within fourteen (14) days of grading operations. The following seed mix shall be applied to all disturbed areas on public property, and is recommended for private property: SEED MIX SPECIES APPLICATION LAND USE % OF MIX VARIETY RATE (LBS/AC) 50% Smooth Brome 10.0 DRY LAND NON-IRRIGATED RECLAMATION 50% Pubescent Wheatgrass 10.0 TOTALS 100% 20.0 NOTES: 1. The applied seed shall not be covered by a soil thickness greater than 0.5" in depth. 2. To provide temporary erosion control prior to seed application, utilize surface roughening (on the contour or perpendicular to prevailing winds) and apply mulch. 3. Areas that require broadcast seeding shall be mulched and tackified. 4. Seed applied hydraulically shall include tackifier in the mix, as specified by the manufacturer. 5. Weed control in compliance with the Colorado Noxious Weed Act (C.R.S. 35-5.5) and the Town of Fraser Municipal Code, Chapter 7, Article 4 Weeds and Brush. For acceptance of revegetation the requirements shall be defined as follows: Preliminary acceptance for revegetation shall be provided when the seed has germinated and there is visible surface coverage of thirty percent (30%) or more. Final acceptance for revegetation shall be provided when the seed has germinated and there is visible surface coverage of seventy percent (70%) or more. 13.4 RIP RAP Rip rap for slope protection/erosion control shall be angular hard rock with size, depth and area coverage of rip rap in accordance with design requirements of the Urban Storm Drainage and Criteria Manual. Rip rap in drainage courses or at the ends of storm sewer pipes shall be installed such that the top of the rip rap mat is at the final grade of the ditch flow line, side slope or area to be protected. Rip rap extending above the final grade shall be reworked to provide an unobstructed flow line or side slope surface. CHAPTER 14 PUBLICATIONS, REFERENCES AND DESIGN AIDS The publications listed below are acceptable sources for design information not found in these Standards. These publications may be useful for variance request submittals. A publication not listed below may be used at the discretion of the Town. 1. A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials (AASHTO); Sixth Addition 2. American Water Works Association Design Standards, (AWWA); 2011 Edition 3. Colorado Department of Public Health and Environment, (CDPHE) 4. State of Colorado Design Criteria for Potable Water Systems (CDPHE); Revised March 31, 1997 5. State of Colorado, Design Criteria Considered In The Review of Wastewater Treatment Facilities (CDPHE); April 9, 2007 6. Colorado State Forest Service Wildfire Safety website 7. Colorado Supplement to the MUTCD; 2003 Edition 8. Pavement Design Manual, CDOT; 2011 Edition 69 9. Design of Pavement Structures, (AASHTO); Fourth Edition 10. Erosion and Sediment Control For Construction Activities Guidance Manual, East Grand Water Quality Board (EGWQB); 2005 11. Storm Drainage Design and Technical Criteria Manual, Chapters 2 through 10, Grand County, Colorado; 2006 12. Town of Fraser Subdivision Regulations, Town of Fraser 13. Geographic Control Data Base, BLM 14. Guide for the Planning, Design and Operation of Pedestrian Facilities, AASHTO; First Edition 15. Guidelines for Geometric Design of Very Low-Volume Local Roads (ADT<400), AASHTO; First Edition 16. M&S Standard Plans, Colorado Department of Transportation (CDOT); 2011 17. Manual on Uniform Traffic Control Devices (MUTCD), Federal Highway Administration; 2009 Edition 18. Roadside Design Guide, AASHTO; Third Edition 19. Standard Specifications for Highway Bridges, AASHTO; Seventeenth Edition 20. Standard Specifications for Street and Roadways Construction, CDOT; 2011 Edition 21. Traffic Engineering Handbook, Institute of Transportation Engineers (ITE); Sixth Edition 22. Trip Generation, ITE; Eighth Edition 23. FEMA Flood Insurance Study; Grand County, CO 8049CV000A; Town of Fraser; 080073, dated January 2, 2008. 24. Urban Storm Drainage Criteria Manual, Urban Drainage and Flood Control District; 2010 Edition 25. Environmental Protection Agency www.epa.gov 26. Colorado Department of Public Health & Environment www.cdphe.state.co.us 27. Urban Drainage & Flood Control District www.udfcd.org 28. Erosion Control Technology Council www.ectc.org 29. International Erosion Control Association www.ieca.org 30. International Stormwater BMP Database www.bmpdatabase.org 31. International Plumbing Code; 2009 Edition 32. National Resource Conservation Service (NRCS) www.nrcs.usda.gov 33. Northwest Colorado Council of Governments (NWCCOG) www.nwc.cog.co.us CHAPTER 15 - VARIANCE REVIEW PROCEDURE Variances from these Standards, following a written request from the Applicant, will be reviewed and considered to determine if the variance will pr meets the objectives of public safety, function, fire protection, appearance and maintainability based upon sound engineering judgment. Two (2) full-size (24" x 36") copies and one (1) electronic PDF format copy of the variance request shall be submitted in writing to the Director of Public Works. The response to the variance request will be completed in a timely manner and provided in writing. The request for variance shall include a description of the requested variance and the applicable section(s) of the Standards to which it references, detail of the variance including applicable engineering drawings, site plans, descriptive reports, analysis and calculations, and any other applicable information. Variances from these Standards may be granted by the Town Manager or his/her designee upon completion of the review and evaluation. An appeal of the decision may be made to the Board of Trustees. CHAPTER 16 - DEFINITIONS Access Permit shall mean written permission from the Town of Fraser in order to work within the Town right-of-way to construct and/or maintain driveways, sanitary sewer service lines and water service 70 lines. Air Release Valve (ARV) a waterline valve assembly installed at each high point within the water distribution system to release trapped air from the system. Applicant person responsible for the development and/or improvements being proposed; also referred to herein as Developer. Arterial Street a public road serves a multi-family dwelling unit(s), more than one single family dwelling unit, and/or commercial units and is maintained by the Town of Fraser with an ADT of 600 or more. Augmentation Water Line shall mean a water pipeline carrying augmentation water from a source point to a discharge point and if Fraser-owned shall be installed in a public right-of-way or easement. Average Daily Traffic (ADT) the average 24-hour volume, being the total number during a stated period, divided by the number of days in the period. Unless otherwise stated, the period is a year. Backfill material used to replace or the act of replacing material removed during construction; also may denote material placed or the act of placing material adjacent to structures. Base Course the layers of specified or selected material of selected thickness placed on a sub-base or a sub-grade to support a surface course. Board or Board of Trustees shall mean the governing body of the Town of Fraser. Box Culvert a structure including walls or abutments erected over a depression or an obstruction, as water, highway or railway, and having a track or passageway for carrying traffic or other moving loads. Bridge a structure including walls or abutments erected over a depression or an obstruction, as water, highway or railway, and having a track or passageway for carrying traffic or other moving loads. thth Construction Season April 15 to October 15 unless otherwise approved by Fraser. Clear Zone is used to designate the unobstructed, relatively flat area beyond the edge of the roadway for the recovery of errant vehicles. Recoverable slopes are defined as 4:1 or flatter, and a non- recoverable slope between 4:1 and 3:1. Collector Street a public street serving a combination of multi-family dwelling units, businesses and/or by the Town of Fraser. Collection System shall mean a Fraser-owned sewer pipeline, carrying raw sewage only, and shall be installed in a public right-of-way or easement. Commercial Lighting shall mean site lighting including parking areas and driveways for commercial and business use including but not limited to restaurants, office space, retail space, theatres, hotels, etc. Commercial Driveway shall mean a driveway accessing a common parking area where multiple businesses are located or a single business where large commercial vehicles enter and exit on a frequent basis. Contour a line, as shown on the plans, connecting points of equal elevation on a map of the land 71 surface. Contractor shall mean the entity working on behalf of the applicant to construct the utilities or other physical improvements. Corner Sight Distance the necessary distance needed to accelerate enough so as to not slow the travel speed of other cars by more than 10 MPH. Critical Flow a condition which exists at the critical depth; under this condition, the sum of the velocity head and static head is a minimum. Cross Connection any point in the water distribution system where chemical, biological or radiological contaminants may come in contact with potable water; also referred to as a reduced pressure or back- flow condition. Crown/Cross Slope on streets, each lane of the pavement may slope separately or have a unidirectional slope across the entire width of pavement, almost always downward to the outer edge. Cul-de-Sac a local street open at one end only, and with special provisions for turning around (bulb, etc.). Culvert a closed conduit, other than a bridge, which conveys water carried by a natural channel or waterway transversely under the roadway. Customer shall mean any person, company, corporation, governmental authority or agency authorized to use the public water system under a permit issued or otherwise authorized by the Board of Trustees or the Manager. Design Vehicle the maximum-sized vehicle that can reasonably be expected to travel upon the completed roadway. Design Speed the speed the roadway is designed to be driven, which is also a speed determined for design and correlation of the physical features of a highway that influence vehicle operation. It is the maximum safe speed that can be maintained over a specific section of highway when conditions are so favorable that the design features of the highway govern. Developer person(s), firm, joint venture, partnership or corporation which is the owner or operator of land and which seeks to have land developed; also referred to herein as Applicant. Driveways minor roadway connections that fall into three categories: private, commercial, and public. Drainage Appurtenances inlets, storm sewer, curb and gutter, drain pipes, culverts, valley pans, etc. Dry Utilities shall refer to electric, gas, communications, etc. Easement a right to use or control the property of another for a designated, specific purpose(s). Engineer shall mean the engineering firm, or duly authorized representative (Engineer), designated by Fraser to act on its behalf in all engineering related matters. Engineer of Record the Professional Engineer, licensed by the State of Colorado, responsible for the design and whose seal and signature appears on the plan set. 72 Erosion the wearing away of land surface by detaching and transporting soil and rock particles by the action of water, wind, or other agents. Fraser the Town of Fraser, Colorado; also referred to herein as the Town or the Town of Fraser. Grade the rate expressed in terms of percent of ascent or decent divided by the length. Grading Plan a drawing showing an arrangement of contours intended to integrate construction and topography, improve appearance, retard erosion and improve drainage. Guardrail a protective device intended to make roadways safer by reducing accident severity. Horizontal Alignment horizontal geometries for safe and continuous operation at a uniform design speed for substantial lengths of roadway and shall afford at least the minimum stopping distance for the design speed at all points on the roadway. Improvement Agreement (IA) - is a written contract between the Town and the applicant providing for construction of improvements, with collateral security to guarantee completion of such improvements. Individual Driveway shall mean a single driveway accessing only one business, one residence or a single ownership property. Inspector shall mean the Manager, Public Works Director, Engineer, agent, officers, and employees of Fraser or other person so designated by the Manager to perform inspections pursuant to these Standards. Intersection a location where two streets or roadways join at, or approximately at, right angles. Local Facilities are those facilities generally designed primarily to serve individual subdivisions or plats. Examples are: the water distribution system, sanitary sewer collection system and storm drainage collection system. Local Street a public street serving a combination of multi-family dwelling units, businesses and/or single famil by the Town of Fraser. Manager shall mean the Town Manager of Fraser. May r Specification May is considered optional in design. Minimum Turning Radius the radius of the outside of the outer front tire or overhang depicting the minimum turning path of the design vehicle. Oversize Costs (Water System) this item is applicable to part of the costs of a water distribution line to be installed within, or for, a subdivision; but which the Town has also assigned a transmission function which results in the need for a larger pipeline. Oversize costs are the difference between the actual costs of the line size required by Fraser and the line size required by the Applicant; however, for purposes of determining oversize, the minimum line size shall be assumed to be eight inch (8") diameter for water. Engineering and inspection costs are assumed to be proportional to estimated or experienced con- struction costs. Incremental costs will be allowed for line fittings, valves, vaults and other appurtenances, if a size increase is required. 73 Oversize Costs (Sanitary Sewer System) this item is applicable to part of the costs of a sanitary sewer collection system to be installed within, or for, a subdivision; but which the Town has also assigned a trunk line function which results in the need for a larger pipeline. Oversize costs are the difference between the actual costs of the line size required by Fraser and the line size required by the Applicant; however, for purposes of determining oversize, the minimum line size shall be assumed to be eight inch (8") diameter for sewer. Engineering and inspection costs are assumed to be proportional to estimated or experienced construction costs. Owner shall mean the land's record title holder or lessee with planning powers. Permit shall mean written permission of the Board of Trustees authorizing connection to a water main or sewer main of Fraser granting the applicant a license to use the water or sewer system or to receive water or sewer service from the system owned, operated or served by Fraser. Person shall mean any individual, firm, company, association, society, corporation or group. Phasing shall mean constructing the development in phases. Access, drainage and utility service shall be constructed with each phase and connect to the existing infrastructure in such a manner to provide an adequate level of service as determined by the Town of Fraser. Point of Curvature (PC) beginning of horizontal curvature, tangent to previous segment. Point of Tangency (PT) end of horizontal curvature, tangent to next segment. Point of Vertical Curvature (PVC) beginning of vertical curvature, tangent to previous segment. Point of Vertical Inflection (PVI) a point of two intersecting grades. Point of Vertical Tangency (PVT) end of vertical curvature, tangent to next segment or a multi-family dwelling unit(s). Potable Water Line shall mean a Fraser-owned water transmission and/or distribution pipeline carrying treated potable drinking water and shall be installed in a public right-of-way or easement. Pressure Reducing Valve (PRV) a waterline valve assembly used to reduce pressure within the waterline by mechanical means. Private Shared Drive a private shared drive serves a combination of multi-family dwelling units and/or single family dwelling units with a maximum unit count generating 40 ADTs or less and is not maintained by the Town of Fraser. Private Street a private street serves a combination of multi-family dwelling units and/or single family dwelling units with a maximum unit count generating 200 ADTs or less and is not maintained by the Town of Fraser. Public Works Director shall mean the Director of Public Works of Fraser; also referred to herein as Fraser Public Works Director. Pump Back Waterline shall mean a water pipeline carrying non-potable water from a lower elevation point to a higher elevation point for discharge to a designated point and if Fraser-owned shall be installed in a public right-of-way or easement. 74 Raw Water Supply Line shall mean a Fraser-owned water supplypipeline, carrying untreated raw water only, and shall be installed in a public right-of-way or easement. Regional Facilities shall mean those facilities generally serving Fras Examples are: water sources, water treatment plants and tanks, water supply, transmission and distribution lines, sanitary sewer trunk lines and waste water treatment facilities. Right-of-Way a general term which identifies a tract of land dedicated to the Town, usually in a strip, acquired for or devoted to transportation purposes. Roadway a portion of a traveled way, including pavement, curb and gutter, shoulders, designed primarily for motorized vehicular movements. interchangeably. Shall a mandatory condition. Any Stand the requirement for which the term is used. Should an advisory condition. lar Standard or Specification. aid design. Shoulder the paved or unpaved portion of a roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use and for lateral support of base and surface courses. Sight Distance the distance needed for a driver to detect an unexpected or otherwise difficult-to- perceive information, source or condition in a roadway environment that may be visually cluttered, recognize the condition or potential threat, select an appropriate speed and path, and initiate and complete the maneuver safely and efficiently. Slope Side slopes are defined herein as a specific horizontal distance for every specific vertical distance. As an example, a slope of 3:1 is a slope of three feet (3') horizontal to every one foot (1') vertical. Stopping Sight Distance (SSD) the sum of the brake reaction distance and the braking distance. three and one-half feet (3.5') above the road surface, to an object two feet (2') high on the road. Street Supervisor shall mean the individual designated by the Town to be responsible for the day-to- day operation and maintenance of the Fraser street system. Streets a portion of a traveled way, including pavement, curb and gutter, shoulders, designed primarily for motorized vehicular movements. Sub-base the layer or layers of specified or selected material of designed thickness placed on a sub- grade to support a base course. Sub-grade the top surface of a roadbed upon which the pavement structure and shoulders, including curbs, are constructed. Super-elevation the vertical distance between the heights of inner and outer edges of roadway pavement used to prevent vehicle from sliding outward, or to counteract all the centrifugal force of a 75 vehicle traveling at an assumed speed, or roadway banking. Survey plat a plat map of a property depicting characteristics of the land, including but not limited to, property corners, adjacent platted document detail, utility easements and other relevant information. Town employees and/or representatives of the Town of Fraser, includes but is not limited to the, Town Manager, Planning Department, Public Works Department, Town Clerk, Town Board, Town Attorney, Town Engineer, Town Surveyor, Street Supervisor, designee of the Town Manager or Public Works Director, etc. Traffic Control Device any sign, signal marking, or installation placed or erected under public authority, for the purpose of regulating, warning, or guiding. Vertical Alignment element of road design intended to provide adequate sight distance, safety, comfortable driving, good drainage, and pleasing appearance. Stopping sight distance requirements controls minimum lengths of crest vertical curves. Water Main shall mean a Fraser-owned water transmission and/or distribution pipeline, carrying potable water only, and shall be installed in a public right-of-way or easement. Water Service Line shall mean the privately-owned water line extending from the water main to the Customer's building, and shall include the tap on the main, corporation stop, curb-stop valve and box and meter installation. 76 These designs, plans, and contract documents are reviewed for concept and general conformance to the Town's minimum standards only, and the responsibility for design adequacy shall remain with the Engineer of Record. This review does not imply responsibility by either the Town of Fraser or the Town's Engineer for completeness, accuracy or correctness of calculations. The review does not imply that quantities of items indicated on the Plans are the final quantities required. The review shall not be construed for any reason as acceptance of financial responsibility by the Town of Fraser or any of the reviewing parties for additional items and additional quantities of items shown that may be required during the construction phase. ©·¬¸·² ±²» øï÷ §»¿® Approved for construction of the earliest of these dates: By Town EngineerDate By Date Town of Fraser By East GrandDate Fire Protection District #4 Note: East Grand Fire Protection District #4 signature line shall only be required on projects extending or modifying Fraser's Water Distribution System. ß°°®±ª¿´ Þ´±½µ ÌØÛÍÛ ÜÛÌß×ÔÍ ßÎÛ ÐÎÑÊ×ÜÛÜ ÚÑÎ ÍÌßÒÜßÎÜ×ÆßÌ×ÑÒ ÐËÎÐÑÍÛÍ ÑÒÔÇò ÌØ×Í ÜÛÌß×Ô ÎÛÐÎÛÍÛÒÌÍ Ó×Ò×ÓËÓ ÜÛÍ×ÙÒ ÍÌßÒÜßÎÜÍ ÉØ×ÝØ ÓßÇ ÎÛÏË×ÎÛ ËÐÙÎßÜ×ÒÙ ÚÑÎ ÍÐÛÝ×Ú×Ý ßÐÐÔ×ÝßÌ×ÑÒÍò ÎÛÚÛÎ ÌÑ ÌÑÉÒ ÑÚ ÚÎßÍÛÎ Ó×Ò×ÓËÓ ÜÛÍ×ÙÒ ÝÎ×ÌÛÎ×ß ßÒÜ ÝÑÒÍÌÎËÝÌ×ÑÒ ÍÌßÒÜßÎÜÍ ÚÑÎ ÍÐÛÝ×Ú×Ý ÓßÌÛÎ×ßÔ ßÒÜ ×ÒÍÌßÔÔßÌ×ÑÒ ÎÛÏË×ÎÛÓÛÒÌÍò ̱©² ±º Ú®¿­»® ߬¬¿½¸³»²¬ ßóïλª·­»¼ Ö«´§ îðïï ̸»­» ß­óÞ«·´¬ °´¿²­ ©»®» °®»°¿®»¼ ·² ¿½½±®¼¿²½» ©·¬¸ ¬¸» Ó·²·³«³ Ü»­·¹² Ý®·¬»®·¿ ¿²¼ ݱ²­¬®«½¬·±² ͬ¿²¼¿®¼­ ±º ¬¸» ̱©² ±º Ú®¿­»®ò ̸» °´¿²­ ®»º´»½¬ ¬¸» ¿­ó¾«·´¬ ½±²¼·¬·±²­ ±º ¬¸» °®±¶»½¬ ·²½±®°±®¿¬·²¹ ¿´´ ³±¼·º·½¿¬·±²­ô ½¸¿²¹» ±®¼»®­ ¿²¼ º·»´¼ ¿¼¶«­¬³»²¬­ ³¿¼» ¬± ¬¸» °´¿² ­»¬ ¿°°®±ª»¼ º±® ½±²­¬®«½¬·±²ô ´¿­¬ ¼¿¬»¼ ò Þ§ ݱ²¬®¿½¬±®Ü¿¬» øÍ»¿´÷ Þ§ Û²¹·²»»® ±º λ½±®¼Ü¿¬» Þ§ Ü»ª»´±°»®Ü¿¬» ß°°®±ª¿´ ±º ¬¸» ß­óÞ«·´¬ д¿² ¼±»­ ²±¬ ·³°´§ ¿½½»°¬¿²½» ±º ¬¸» °®±¶»½¬ò ׬ ±²´§ ·³°´·»­ ¿½½»°¬¿²½» ±º º±®³ ¿²¼ º±®³¿¬ò ׬ ·­ ¬¸» Ü»ª»´±°»®ù­ °®±¶»½¬ ¬»¿³ù­ ®»­°±²­·¾·´·¬§ ¬± °®±ª·¼» ¿½½«®¿¬» ½±³°´»¬» ß­óÞ«·´¬ ·²º±®³¿¬·±²ò ̱©² ±º Ú®¿­»® Þ§ Ü¿¬» ß­óÞ«·´¬ д¿² Í«¾³·¬¬¿´ Þ´±½µ ÌØÛÍÛ ÜÛÌß×ÔÍ ßÎÛ ÐÎÑÊ×ÜÛÜ ÚÑÎ ÍÌßÒÜßÎÜ×ÆßÌ×ÑÒ ÐËÎÐÑÍÛÍ ÑÒÔÇò ÌØ×Í ÜÛÌß×Ô ÎÛÐÎÛÍÛÒÌÍ Ó×Ò×ÓËÓ ÜÛÍ×ÙÒ ÍÌßÒÜßÎÜÍ ÉØ×ÝØ ÓßÇ ÎÛÏË×ÎÛ ËÐÙÎßÜ×ÒÙ ÚÑÎ ÍÐÛÝ×Ú×Ý ßÐÐÔ×ÝßÌ×ÑÒÍò ÎÛÚÛÎ ÌÑ ÌÑÉÒ ÑÚ ÚÎßÍÛÎ Ó×Ò×ÓËÓ ÜÛÍ×ÙÒ ÝÎ×ÌÛÎ×ß ßÒÜ ÝÑÒÍÌÎËÝÌ×ÑÒ ÍÌßÒÜßÎÜÍ ÚÑÎ ÍÐÛÝ×Ú×Ý ÓßÌÛÎ×ßÔ ßÒÜ ×ÒÍÌßÔÔßÌ×ÑÒ ÎÛÏË×ÎÛÓÛÒÌÍò ̱©² ±º Ú®¿­»® ߬¬¿½¸³»²¬ ßóîλª·­»¼ Ö«´§ îðïï ß­óÞ«·´¬ д¿² λ¯«·®»¼ ײº±®³¿¬·±² øͬ®»»¬ ¿²¼ ͬ±®³ Ü®¿·²¿¹» ͧ­¬»³­÷ ÌØÛÍÛ ÜÛÌß×ÔÍ ßÎÛ ÐÎÑÊ×ÜÛÜ ÚÑÎ ÍÌßÒÜßÎÜ×ÆßÌ×ÑÒ ÐËÎÐÑÍÛÍ ÑÒÔÇò ÌØ×Í ÜÛÌß×Ô ÎÛÐÎÛÍÛÒÌÍ Ó×Ò×ÓËÓ ÜÛÍ×ÙÒ ÍÌßÒÜßÎÜÍ ÉØ×ÝØ ÓßÇ ÎÛÏË×ÎÛ ËÐÙÎßÜ×ÒÙ ÚÑÎ ÍÐÛÝ×Ú×Ý ßÐÐÔ×ÝßÌ×ÑÒÍò ÎÛÚÛÎ ÌÑ ÌÑÉÒ ÑÚ ÚÎßÍÛÎ Ó×Ò×ÓËÓ ÜÛÍ×ÙÒ ÝÎ×ÌÛÎ×ß ßÒÜ ÝÑÒÍÌÎËÝÌ×ÑÒ ÍÌßÒÜßÎÜÍ ÚÑÎ ÍÐÛÝ×Ú×Ý ÓßÌÛÎ×ßÔ ßÒÜ ×ÒÍÌßÔÔßÌ×ÑÒ ÎÛÏË×ÎÛÓÛÒÌÍò ̱©² ±º Ú®¿­»® ߬¬¿½¸³»²¬ ßóíλª·­»¼ Ö«´§ îðïï ÒÑÌÛæ XX ß­óÞ«·´¬ д¿² λ¯«·®»¼ ײº±®³¿¬·±² øÉ¿¬»® ¿²¼ Í¿²·¬¿®§ Í»©»® ͧ­¬»³­÷ ÌØÛÍÛ ÜÛÌß×ÔÍ ßÎÛ ÐÎÑÊ×ÜÛÜ ÚÑÎ ÍÌßÒÜßÎÜ×ÆßÌ×ÑÒ ÐËÎÐÑÍÛÍ ÑÒÔÇò ÌØ×Í ÜÛÌß×Ô ÎÛÐÎÛÍÛÒÌÍ Ó×Ò×ÓËÓ ÜÛÍ×ÙÒ ÍÌßÒÜßÎÜÍ ÉØ×ÝØ ÓßÇ ÎÛÏË×ÎÛ ËÐÙÎßÜ×ÒÙ ÚÑÎ ÍÐÛÝ×Ú×Ý ßÐÐÔ×ÝßÌ×ÑÒÍò ÎÛÚÛÎ ÌÑ ÌÑÉÒ ÑÚ ÚÎßÍÛÎ Ó×Ò×ÓËÓ ÜÛÍ×ÙÒ ÝÎ×ÌÛÎ×ß ßÒÜ ÝÑÒÍÌÎËÝÌ×ÑÒ ÍÌßÒÜßÎÜÍ ÚÑÎ ÍÐÛÝ×Ú×Ý ÓßÌÛÎ×ßÔ ßÒÜ ×ÒÍÌßÔÔßÌ×ÑÒ ÎÛÏË×ÎÛÓÛÒÌÍò ̱©² ±º Ú®¿­»® ߬¬¿½¸³»²¬ ßóìλª·­»¼ Ö«´§ îðïï MINIMUM EASEMENT WIDTH = 30 FEET EASEMENT REQUIREMENT FOR DEEP TRENCHES DEPTH OF COVER PIPE SIZE 10' - 12'12' - 14'14' + 8" - 14"36 FEET42 FEETPER TOWN 16" - 20" 38 FEET45 FEETPER TOWN Í×ÒÙÔÛ Ð×ÐÛ ÛßÍÛÓÛÒÌ MINIMUM EASEMENT WIDTH = 36 FEET FOR EASEMENT WIDTHS WHERE THE DEPTH OF THE WATERLINE COVER EXCEEDS 9 FEET OR THE DEPTH OF THE SANITARY SEWER COVER EXCEEDS 7 FEET, USE THE FOLLOWING FORMULA AND ROUND UP TO THE NEAREST FOOT. WS +WD +WW EASEMENT WIDTH = WHERE:WS = PIPE OUTSIDE DIA(FT) + 1 FT + [(HS (FT) - 1 (FT)) x 1.5] WD = ACTUAL HORIZONTAL DISTANCE (EDGE TO EDGE), MIN. 10 FT WW = PIPE OUTSIDE DIA(FT) + 1 FT + [(HW (FT) - 1 (FT)) x 1.5] ÝÑÓÞ×ÒÛÜ ÍÛÉÛÎ ú ÉßÌÛÎ ÛßÍÛÓÛÒÌ Ë¬·´·¬§ Û¿­»³»²¬ É·¼¬¸­ ÌØÛÍÛ ÜÛÌß×ÔÍ ßÎÛ ÐÎÑÊ×ÜÛÜ ÚÑÎ ÍÌßÒÜßÎÜ×ÆßÌ×ÑÒ ÐËÎÐÑÍÛÍ ÑÒÔÇò ÌØ×Í ÜÛÌß×Ô ÎÛÐÎÛÍÛÒÌÍ Ó×Ò×ÓËÓ ÜÛÍ×ÙÒ ÍÌßÒÜßÎÜÍ ÉØ×ÝØ ÓßÇ ÎÛÏË×ÎÛ ËÐÙÎßÜ×ÒÙ ÚÑÎ ÍÐÛÝ×Ú×Ý ßÐÐÔ×ÝßÌ×ÑÒÍò ÎÛÚÛÎ ÌÑ ÌÑÉÒ ÑÚ ÚÎßÍÛÎ Ó×Ò×ÓËÓ ÜÛÍ×ÙÒ ÝÎ×ÌÛÎ×ß ßÒÜ ÝÑÒÍÌÎËÝÌ×ÑÒ ÍÌßÒÜßÎÜÍ ÚÑÎ ÍÐÛÝ×Ú×Ý ÓßÌÛÎ×ßÔ ßÒÜ ×ÒÍÌßÔÔßÌ×ÑÒ ÎÛÏË×ÎÛÓÛÒÌÍò ̱©² ±º Ú®¿­»® ߬¬¿½¸³»²¬ ßóë λª·­»¼ Ö«´§ îðïï Ý®±­­óÍ»½¬·±² º±® ß®¬»®·¿´ ͬ®»»¬ ÌØÛÍÛ ÜÛÌß×ÔÍ ßÎÛ ÐÎÑÊ×ÜÛÜ ÚÑÎ ÍÌßÒÜßÎÜ×ÆßÌ×ÑÒ ÐËÎÐÑÍÛÍ ÑÒÔÇò ÌØ×Í ÜÛÌß×Ô ÎÛÐÎÛÍÛÒÌÍ Ó×Ò×ÓËÓ ÜÛÍ×ÙÒ ÍÌßÒÜßÎÜÍ ÉØ×ÝØ ÓßÇ ÎÛÏË×ÎÛ ËÐÙÎßÜ×ÒÙ ÚÑÎ ÍÐÛÝ×Ú×Ý ßÐÐÔ×ÝßÌ×ÑÒÍò ÎÛÚÛÎ ÌÑ ÌÑÉÒ ÑÚ ÚÎßÍÛÎ Ó×Ò×ÓËÓ ÜÛÍ×ÙÒ ÝÎ×ÌÛÎ×ß ßÒÜ ÝÑÒÍÌÎËÝÌ×ÑÒ ÍÌßÒÜßÎÜÍ ÚÑÎ ÍÐÛÝ×Ú×Ý ÓßÌÛÎ×ßÔ ßÒÜ ×ÒÍÌßÔÔßÌ×ÑÒ ÎÛÏË×ÎÛÓÛÒÌÍò ̱©² ±º Ú®¿­»® ߬¬¿½¸³»²¬ ßóêλª·­»¼ Ö«´§ îðïï COLLECTOR STREET CROSS SECTION Ý®±­­óÍ»½¬·±² º±® ݱ´´»½¬±® ͬ®»»¬ ÌØÛÍÛ ÜÛÌß×ÔÍ ßÎÛ ÐÎÑÊ×ÜÛÜ ÚÑÎ ÍÌßÒÜßÎÜ×ÆßÌ×ÑÒ ÐËÎÐÑÍÛÍ ÑÒÔÇò ÌØ×Í ÜÛÌß×Ô ÎÛÐÎÛÍÛÒÌÍ Ó×Ò×ÓËÓ ÜÛÍ×ÙÒ ÍÌßÒÜßÎÜÍ ÉØ×ÝØ ÓßÇ ÎÛÏË×ÎÛ ËÐÙÎßÜ×ÒÙ ÚÑÎ ÍÐÛÝ×Ú×Ý ßÐÐÔ×ÝßÌ×ÑÒÍò ÎÛÚÛÎ ÌÑ ÌÑÉÒ ÑÚ ÚÎßÍÛÎ Ó×Ò×ÓËÓ ÜÛÍ×ÙÒ ÝÎ×ÌÛÎ×ß ßÒÜ ÝÑÒÍÌÎËÝÌ×ÑÒ ÍÌßÒÜßÎÜÍ ÚÑÎ ÍÐÛÝ×Ú×Ý ÓßÌÛÎ×ßÔ ßÒÜ ×ÒÍÌßÔÔßÌ×ÑÒ ÎÛÏË×ÎÛÓÛÒÌÍò ̱©² ±º Ú®¿­»® ߬¬¿½¸³»²¬ ßóéλª·­»¼ Ö«´§ îðïï Ý®±­­óÍ»½¬·±² º±® Ô±½¿´ ͬ®»»¬ ÌØÛÍÛ ÜÛÌß×ÔÍ ßÎÛ ÐÎÑÊ×ÜÛÜ ÚÑÎ ÍÌßÒÜßÎÜ×ÆßÌ×ÑÒ ÐËÎÐÑÍÛÍ ÑÒÔÇò ÌØ×Í ÜÛÌß×Ô ÎÛÐÎÛÍÛÒÌÍ Ó×Ò×ÓËÓ ÜÛÍ×ÙÒ ÍÌßÒÜßÎÜÍ ÉØ×ÝØ ÓßÇ ÎÛÏË×ÎÛ ËÐÙÎßÜ×ÒÙ ÚÑÎ ÍÐÛÝ×Ú×Ý ßÐÐÔ×ÝßÌ×ÑÒÍò ÎÛÚÛÎ ÌÑ ÌÑÉÒ ÑÚ ÚÎßÍÛÎ Ó×Ò×ÓËÓ ÜÛÍ×ÙÒ ÝÎ×ÌÛÎ×ß ßÒÜ ÝÑÒÍÌÎËÝÌ×ÑÒ ÍÌßÒÜßÎÜÍ ÚÑÎ ÍÐÛÝ×Ú×Ý ÓßÌÛÎ×ßÔ ßÒÜ ×ÒÍÌßÔÔßÌ×ÑÒ ÎÛÏË×ÎÛÓÛÒÌÍò ̱©² ±º Ú®¿­»® ߬¬¿½¸³»²¬ ßóèλª·­»¼ Ö«´§ îðïï PRIVATE STREET CROSS SECTION Ý®±­­óÍ»½¬·±² º±® Ю·ª¿¬» ͬ®»»¬ ÌØÛÍÛ ÜÛÌß×ÔÍ ßÎÛ ÐÎÑÊ×ÜÛÜ ÚÑÎ ÍÌßÒÜßÎÜ×ÆßÌ×ÑÒ ÐËÎÐÑÍÛÍ ÑÒÔÇò ÌØ×Í ÜÛÌß×Ô ÎÛÐÎÛÍÛÒÌÍ Ó×Ò×ÓËÓ ÜÛÍ×ÙÒ ÍÌßÒÜßÎÜÍ ÉØ×ÝØ ÓßÇ ÎÛÏË×ÎÛ ËÐÙÎßÜ×ÒÙ ÚÑÎ ÍÐÛÝ×Ú×Ý ßÐÐÔ×ÝßÌ×ÑÒÍò ÎÛÚÛÎ ÌÑ ÌÑÉÒ ÑÚ ÚÎßÍÛÎ 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SUBJECT: Fraser 2011 Minimum Design Criteria and Construction Standards Summary of Updates   The following is a summary of the updates included in the proposed 2011 Town of Fraser Minimum Design Criteria and Construction Standards submitted for Town Board adoption as part of the Municipal Code update. 1. Combined the Street, Water Utility and Sanitary Sewer Utility Standards from three separate documents into one document, eliminating the duplication of various chapters. 2. Set up the Standards to become a chapter in the updated Municipal Code. Changed the numbering system to comply with the code numbering system. 3. Moved general section items such as the acceptance process, relationship to other standards, fees, interpretations, etc from the Standards into other areas of the Municipal Code and/or into standard forms and agreements. 4. Changed the Standard Drawings to Attachments, combining them where practical. 5. Added detail and clarity to the sanitary sewer technical sections regarding manhole step spacing and layout to enhance operator safety while entering and exiting manholes. 6. Added minor detail and clarity to sections addressing technical issues that have risen since the last Standards update. Updates following the Town Board continued public hearing on November 2, 2011: A. Updated the Table of Contents to reflect changes in the section and sub-section titles. B. Added Section 14-1-40 Security for Improvement Agreements. C. Renumbered Section 1-4-40 Penalties; Enforcement to Section 1-4-50. D. Section 1.5.1 As-Built Plan Submittal, Preliminary Acceptance Item 2. Deleted the requirement for submittal of two AutoCAD electronic copies of the as-built plans and added the requirement for submittal of two PDF electronic copies of the as-built plans. E. Section 3.3 Street / Road Classification. Deleted private street and shared driveway text and detail from Section 3.3 and moved it to Part 3: PRIVATE INFRASTRUCTURE, Chapter 7 Street and Driveway Design.  6013 E. Briarwood Drive Centennial, CO 80112(303) 726-5577 JRS Engineering Consultant, LLC Cont. Minimum Design and Construction Standards Summary of Updates January 27, 2012- Page 2  F. Section 4.5.4 and 4.6.2. Added requirement for installation of a flap gate on the water storage tank drain line terminating at an exposed above ground location. G. H. Section 7.1 Basic Design Policy and Permitting. Updated the text to reflect the addition of private streets, private shared drives and alleys to Chapter 7. I. Added Section 7.2 Street / Driveway Classifications to Chapter 7. J. Added Section 7.3 Street Horizontal and Vertical Alignment to Chapter 7 for detail pertinent to the private streets. K. Added Section 7.4 Street Cross Sections to Chapter 7 for detail pertinent to the private streets. L. Added Section 7.5 Individual Driveway Cross Section to Chapter 7 to clarify the current individual driveway detail requirements. M. Added Section 7.6 Street Intersections to Chapter 7 for detail pertinent to the private streets. N. Added Section 7.7 Pedestrian Facilities to Chapter 7 for detail pertinent to the private streets. O. Added Section 7.8 Signage and Striping to Chapter 7 for detail pertinent to the private streets. P. Added Section 7.9 Pavement Design to Chapter 7 for detail pertinent to the private streets. Q. Renumbered Section 7.6 Grading to Section 7.10. Updated the paragraph to include detail from the Subdivision and Zoning Regulations. R. Added Section 7.11 Structures to Chapter 7 for detail pertinent to the private streets. S. Renumbered Section 7.5 Culverts to Section 7.12. T. Renumbered Section 7.7 Revegetation, Erosion and Sediment Control to Section 7.13. U. Renumbered Section 7.8 On-Site Snow Storage to Section 7.14. V. Section 9.1 General. Deleted the first sentence in the last paragraph of the section. W. Section 9.3.2 Service Line Excavation, Bedding and Backfill. Changed the last sentence to materials shall be select native so X. Y. Changed Section 10.2.3 terior Section 10.3 Specifications and added Section 10.3.1 Exterior Lighting for the Business District and all Mixed Updated the text within the section. Z. Renumbered Section 10.2.4 Street Lighting to Section 10.3.2. Updated the text within the section. 6013 E. Briarwood Drive Centennial, CO 80112(303) 726-5577  JRS Engineering Consultant, LLC Cont. Minimum Design and Construction Standards Summary of Updates January 27, 2012- Page 3  AA. Added Section 10.4 Landscaping Specifications and Section 10.4.1 Landscaping for the Business District and all Mixed Use, Lodging and Commercial zoned planning areas in all Planned BB. Section 11.2.6 Backfill Material. Deleted the second and third sentences in the second paragraph. Modified the first sentence to limit the maximum size of rock in the trench to six CC. Chapter 14 Publications, References and Design Aids. Updated 1. A Policy on Geometric Design of Highways and Streets to the Sixth Edition. DD. Chapter 16 Definitions. a. Added a definition for Commercial Driveway. b. Added a definition for Improvement Agreement. c. Added a definition for Individual Driveway. d. Added a definition for Commercial Lighting. EE. Chapter 10.3 Exterior Lighting Specifications. Added clarification that Section 10.3.1 was applicable for commercial lighting. 6013 E. Briarwood Drive Centennial, CO 80112(303) 726-5577  TOWN OF FRASER PLANNING COMMISSION Resolution No. 2012 -1 -1 A RESOLUTION ADOPTING AMENDED SUBDIVISION REGULATIONS OF THE TOWN OF FRASER, COLORADO. WHEREAS, the Town of Fraser Planning Commission has studied and reviewed proposed amended Subdivision Regulations to be applicable within the Town of Fraser, Colorado, and to property within three (3) miles of the Town boundaries respecting a major street plan; and WHEREAS, the Planning Commission has held public hearings regarding said proposed amended Subdivision Regulations and considered the comments of the public regarding said Regulations; and WHEREAS, it appears to the Town of Fraser Planning Commission that it would be in the best interests of the health, safety and welfare of the citizens of the Town of Fraser to adopt the amended Subdivision Regulations that have been prepared. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF FRASER PLANNING COMMISSION, AS FOLLOWS: 1. That the amended Subdivision Regulations attached hereto as Exhibit "A and by this reference incorporated herein and made a part hereof, shall be and hereby are adopted and approved, subject to final approval by the Board of Trustees. 2. Said amended Subdivision Regulations shall be applicable within the corporate limits of the Town of Fraser, Colorado, as such limits exist from time to time subsequent to adoption of these amendments, and also applicable, with respect to a major street plan, to property within three (3) miles of the corporate boundaries of the Town of Fraser, Colorado. 3. That said amended Subdivision Regulations be made available to the public in pamphlet form, at cost. 4. That the Chairperson and Secretary of the Planning Commission execute this Resolution and proceed with all acts necessary to complete the adoption of said amended Subdivision Regulations. 5. Said amended Subdivision Regulations shall be effective thirty (30) days after the date of publication of the Ordinance of the Board of Trustees adopting said amended Subdivision Regulations. DULY MOVED, SECONDED AND APPROVED THIS o DAY OF ..ax`•.kr, ri 2012. ATTEST: FRASER PLANNING COMMISSION BY: Ch 1C irperson CHAPTER 17 Subdivisions Article 1 General Provisions Sec. 17-1-10 Title Sec. 17-1-20 Authority Sec. 17-1-30 Policy Sec. 17-1-40 Purposes Sec. 17-1-50 Jurisdiction Sec. 17-1-60Interpretation, conflict and severability Sec. 17-1-70 Saving provision Sec. 17-1-80Repeal of prior regulations; application to developments in process Sec. 17-1-90 Amendments Sec. 17-1-100Fees Sec. 17-1-110 Enforcement, violations and penalties rticle 2 Definitions Sec. 17-2-10Grammatical usage Sec. 17-2-20Words and terms defined Article 3Exemptions, Vacations, Minor Plat Amendments, Variances and Vested Property Rights Sec. 17-3-10Subdivision exemption Sec. 17-3-20Subdivision exemption plat review procedure Sec. 17-3-30Vacation proceedings Sec. 17-3-40Right-of-way and/or easement vacation Sec. 17-3-50Right-of-way and/or easement vacation review procedure Sec. 17-3-60 Plat vacation Sec. 17-3-70Plat vacation review procedure Sec. 17-3-80 Minor plat amendment Sec. 17-3-90Minor plat amendment review procedure Sec. 17-3-100 Variances Sec. 17-3-110 Variance review procedure Sec. 17-3-120 Vested property rights 4 Minor Subdivisions Article Sec. 17-4-10Purpose and scope Sec. 17-4-20 Final plat Sec. 17-4-30Final plat; additional requirements for condominiums, townhomes and apartments Sec. 17-4-40Final plat review procedure Sec. 17-4-50 As-built plat Sec. 17-4-60As-built plat review procedure Article 5 Major Subdivisions Sec. 17-5-10 Purpose and Sec. 17-5-20 Sketch plan Sec. 17-5-30 Preliminary plat Sec. 17-5-40Preliminary plat; additional requirements for condominiums, townhomes and apartments Sec. 17-5-50Preliminary plat review procedure Sec. 17-5-60 Final plat Sec. 17-5-70Final plat; additional requirements for condominiums, townhomes and 1 apartments Sec. 17-5-80Final plat review procedure Sec. 17-5-90 As-built plat Sec. 17-5-100 As-built plat review procedure Completion and Maintenance of Improvements Article 6 Assurance for Sec. 17-6-10Subdivision and development improvements agreement Sec. 17-6-20Deferral or waiver of required subdivision improvements Subdivision D esign and Improvement Standards Article 7 Division 1 General Provisions and Sec. 17-7-10 General Sec. 17-7-20Conformance to applicable rules and regulations Sec. 17-7-30Self-imposed restrictions Sec. 17-7-40Plats straddling municipal boundaries Sec. 17-7-50 Monuments Division 2 Special Site Considerations Sec. 17-7-110 Natural hazards and conditions Sec. 17-7-120Floodplains Sec. 17-7-130Stream setbacks Sec. 17-7-140 Wetlands Sec. 17-7-150 Soils Sec. 17-7-160Steep slopes Sec. 17-7-170Cut-and-fill slopes Sec. 17-7-180 Wildlife habitat Sec. 17-7-190 Buffers Sec. 17-7-200 Lots Sec. 17-7-210 Blocks Division 3 Public Dedication Requirements Sec. 17-7-310 Purpose Sec. 17-7-320 Dedications and/or conveyances Sec. 17-7-330 Dedications and/or conveyances to Town and/or homeowners' association Sec. 17-7-340 Land dedication for schools Sec. 17-7-350 Fees-in-lieu for schools Sec. 17-7-360 Transfer to school district Sec. 17-7-370 Land dedication for parks Sec. 17-7-380 Fees-in-lieu for parks Sec. 17-7-390 Substitute land dedication Sec. 17-7-400 Applicant's option for site specific dedication study Sec. 17-7-410 Waiver of requirements Division 4 Public Rights-of-Way Sec. 17-7-510 Adoption of standards Sec. 17-7-520 General Sec. 17-7-530Streets, trails, sidewalks and rights-of-way Sec. 17-7-540Street names, signs and traffic control Sec. 17-7-550 Exterior boundary fences and gated communities Sec. 17-7-560Street standards Sec. 17-7-570 Easements Division 5 General Standards Sec. 17-7-610 Trail and sidewalk standards Sec. 17-7-620 Water quality Sec. 17-7-630 Erosion and sediment control devices Sec. 17-7-640 Snow storage Sec. 17-7-650 Adoption of erosion standards 2 Stormwater drainage and management facilities Sec. 17-7-660 Exterior Sec. 17-7-670 lighting Sec. 17-7-680 Utility Sec. 17-7-690 standards Sec. 17-7-700 Water Sec. 17-7-710 supply Division 6 Sec. Wastewater disposal 17-7-810 Natural features and landscaping requirements Additional Standards Sec. 17-7-820 Residential condominium and townhome subdivisions Sec. 17-7-830 and apartment developments GeneralProvisions Sec. 17-1-10. Title. These regulations shall be known, cited and referenced as the (Ord. 322 § 12-1-1, 2006) Sec. 17-1-20. Authority. (a) Pursuant to the authority contained in Sections 29-20-101 et seq., 31-23-101 et seq., and 2467-101 et seq., C.R.S., the Planning Commission and Board of Trustees are vested with the power and authority to adopt and amend subdivision regulations. (b) Pursuant to Section 31-23-227, C.R.S., the Board of Trustees assumes and reserves to itself the final authority over all acts, powers and duties assigned to a municipal planning commission under Part 2 of Article 23, Title 31, C.R.S. Without limiting the generality of the forgoing, and notwithstanding anything to the contrary contained in this Chapter, the Board of Trustees reserves the final authority: (a) to adopt and amend subdivision regulations; (b) to authorize and accept public streets, parks and other public ways, grounds or open space, public buildings and structures, and public or privately owned public utilities; and (c) to approve or disapprove subdivision plats. As provided in these regulations, the Planning Commission is delegated with the authority to review and make recommendations to the Board of Trustees regarding such matters, but such recommendation shall not be binding on the Board of Trustees. (Ord. 322 § 12-1-2, 2006) Sec. 17-1-30. Policy. (a) It is the policy of the Town to consider the subdivision of land and the subsequent development of the subdivided land as subject to the control of the Town pursuant to this Code, the Comprehensive Plan, these subdivision regulations and all other applicable regulations, ordinances, codes, and rules of the Town for the orderly, planned, efficient and economical development of the Town. All proposed subdivisions for which Town approval is required under these regulations shall be consistent with the Comprehensive Plan. No application for subdivision shall be approved if not in conformance with the Comprehensive Plan, and such failure shall be a reasonable ground for denial of the application. (b) Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace. Land shall not be subdivided until adequate public facilities and improvements exist and proper provisions have been made for water, sewer, stormwater drainage, schools, parks, open space, trails, 3 recreation, transportation facilities and other improvements necessary to serve the proposed subdivision. (Ord. 322 § 12-1-3, 2006) Sec. 17-1-40. Purposes. These regulations are adopted for the following purposes: (1) To protect and provide for the public health, safety and welfare of the Town; (2) To guide future growth and development of the Town in accordance with the Comprehensive Plan; (3) To provide for adequate light, air and privacy, to secure safety from fire, flood and other danger, and to prevent overcrowding of land and undue congestion; (4) To protect the character, social and economic stability of all parts of the Town and to encourage orderly and strategic development through appropriate growth management techniques; (5) To protect and conserve the value of land, buildings and improvements throughout the Town, and to minimize the conflicts among land uses; (6) To guide public policy to ensure that public facilities and services are available with sufficient capacity to serve the proposed development and that the new development does not burden the Town's fiscal resources; (7) To provide the most beneficial relationship between land uses and traffic circulation throughout the Town; (8) To establish standards of design and procedures for subdivisions and to ensure proper legal descriptions and monumenting of subdivided land; (9) To prevent air, water and light pollution and to encourage the wise use and management of natural resources throughout the Town; (10) To preserve natural beauty and protect environmentally critical areas throughout the Town and to ensure appropriate development with regard to these natural features; (11) To provide for open spaces through the most efficient design and layout of the land; and (12) To regulate such other matters as the Board of Trustees may deem necessary in order to protect the best interest of the public. (Ord. 322 § 12-1-4, 2006) 17-1-50. Jurisdiction. Sec. These regulations apply to all subdivisions and resubdivisions of land located within the corporate boundaries of the Town and, to the extent permitted by Section 31-23-212, C.R.S., also apply to the major street plan component of these regulations and not otherwise, to subdivision of land located within three (3) miles of the corporate boundaries of the Town. (Ord. 322 § 12-1-5, 2006) Sec. 17-1-60. Interpretation, conflict and severability. 4 (a) In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of public health, safety and welfare. (b) Conflict with public and private provisions. (1) Public provisions. These regulations are not intended to interfere with, abrogate or annul any other ordinance, rule, regulation, statute or other provision of law except as provided in these regulations. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other ordinance, rule, regulation, statute or other provision of law, the provision which is more restrictive or imposes higher standards shall govern. (2) Private provisions. These regulations are not intended to abrogate any private easement, covenant, agreement or restriction. It is not the intent of these regulations, and it may not be implied or inferred, that the Town will enforce any private easement, covenant, agreement or restriction, such provisions being a function of the right of individual property owners to further or separately restrict the use of their property as one (1) of the rights attendant upon property ownership. These regulations shall not be interpreted to either enhance or diminish such private restrictions, and the existence of such private restrictions shall neither enhance nor diminish the application or enforceability of these regulations. (c) Severability. If any part, provision or application of these regulations to any person or circumstances is adjudged invalid by any court of competent jurisdiction, the judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which the judgment shall be rendered and shall not affect or impair the validity of the remainder of these regulations or the application of them to other persons or circumstances. TheTown declares that it would have enacted the remainder of these regulations even without any such part, provision or application which is judged invalid. (Ord. 322 §12-1-6, 2006) Sec. 17-1-70. Saving provision. These regulations shall not be construed as abating any action now pending under or, by virtue of prior existing subdivision regulations, as discontinuing, abating, modifying or altering any penalty accruing or about to accrue, as affecting the liability of any person, firm or corporation, as waiving any right of the Town under any section or provision existing at the time of adoption of these regulations, or as vacating or annulling any rights obtained by any person, firm or corporation, by lawful action of the Town, except as shall be expressly provided for in these regulations. (Ord. 322 § 12-1-7, 2006) Sec. 17-1-80. Repeal of prior regulations; application to developments in process. With the exception of pending subdivision applications for which preliminary plat approval was obtained prior to the effective date of these regulations, all applications for subdivision approval pending on or received after the effective date of these regulations shall be reviewed pursuant to these regulations. Pending subdivision applications which have received preliminary plat approval prior to the effective date of these regulations shall be reviewed pursuant to the subdivision regulations in force and adopted by Resolution 9-1-98 and Ordinance No. 254, as amended. Such resolution and ordinance are continued in force and effect for that limited purpose only and, upon approval or denial of all such remaining applications, shall be deemed repealed. In no event shall any resubmission of a subdivision application after its rejection, or any resubdivision application filed after the effective date of these regulations, be reviewed under any such prior regulations. (Ord. 322 § 12-1-8, 2006) 5 Sec. 17-1-90. Amendments. For the purpose of protecting the public health, safety and welfare, the Planning Commission may propose amendments to these regulations, as needed. The Planning Commission 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 Board of Trustees at a public hearing following public notice. The Planning Commission and Board of Trustees may choose to issue coordinated notices of such public hearing in order to conduct a joint public hearing for this purpose. (Ord. 322 § 12-1-9, 2006) Sec. 17-1-100. Fees. (a) Filing fee: In order to cover the costs of reviewing, processing and enforcing these regulations, the applicant shall submit filing fees. No application will be considered complete until all fees have been paid. No part of the fees shall be refunded on account of any denial, partial processing or withdrawal of part or all of any application. The applicable filing fee shall be paid to the Town in accordance with the current fee schedule established by the Board of Trustees. (b) Publication fee: The applicant shall pay the cost of publication for each publication required. If republication is necessary due only to Town error, the Town will pay the republication charge. (c) Mailing fee. The applicant shall pay the mailing cost for notification of adjacent property owners. (d) Recording fee. The icant shall pay all recording fees. (e) Inspection fee. The applicant shall pay all subdivision improvement inspection fees. (f) Other fees. (1) The applicant shall pay for additional costs made necessary by review incurred by the Town for the services of professionals, consultants or review agencies, other than the Town staff, during the review and consideration of a proposed subdivision pursuant to these regulations. The Town will send invoices to the applicant for expenses incurred as the Town is billed. All invoices shall be paid in full prior to final Board of Trustees approval of the application or issuance of the applicable permit, certificate or other approval document. (2) The applicant shall pay for additional costs made necessary by unusual circumstances and more than ordinary review incurred by the Town for the services of other professionals, consultants or review agencies during the review and consideration of a proposed subdivision pursuant to these regulations. The Town will send invoices to the applicant for expenses incurred as the Town is billed. All invoices shall be paid in full prior to final Board of Trustees approval of the application or issuance of the applicable permit, certificate or other approval document. (Ord. 322 § 12-1-10, 2006) Sec. 17-1-100. Fees, Costs and Deposits. (a) Application fee: An application fee shall be paid at the time of filing any application pursuant to these regulations. The amount of the application fee shall be in 6 accordance with the current fee schedule in effect when the application if filed, as established by the Board of Trustees. (b) Application Policies; Additional Fees, Costs and Deposits. The general application policies provided in Section 1-3-70 of this Code shall apply to all applications made pursuant to these regulations, including the requirements specified in that Section for payment of additional processing fees and outside consultant costs and required cash deposits. The amount of the cash deposit required shall be as specified in the current fee schedule adopted by the Board of Trustees, or if no deposit amount is specified in such schedule, as reasonably determined by Town staff based upon the nature of the particular application. Sec. 17-1-110.Enforcement, violations and penalties. It shall be the duty and responsibility of the Board of Trustees, or a designated (a) representative, to interpret and enforce the provisions of these regulations. (b) No owner, or agent of the owner, of any lot located in a proposed subdivision shall sell, agree to sell or negotiate to sell any lot, or portion thereof, before a final plat, as-built plat (if applicable) or subdivision exemption plat has been approved by the Planning Commission and Board of Trustees in accordance with the provisions of these regulations and recorded in the office of the County Clerk and Recorder. (c) No permits shall be issued for the construction of any building or other improvements requiring a permit, nor shall any certificate of occupancy be granted, for any land for which a subdivision plat is required by these regulations, unless and until all requirements of these regulations have been complied with. (d) It is unlawful to erect, construct, reconstruct, use or alter any building or structure or to use any land in violation of these regulations, and any person who violates this provision shall be subject to a fine and imprisonment as provided in Subsection (e) below. (e) Any person who violates any of these regulations shall be punished as set forth in Section 14-10 of this Code. (f) Appropriate actions and proceedings may be taken in law or in equity to prevent any violation of these regulations, to prevent unlawful construction, to recover damages, to restrain, correct or abate a violation and to prevent illegal occupancy of a building structure or premises. These remedies shall be in addition to the penalties described in Subsection (e) above. (Ord. 322 §12-1-11, 2006; Ord. 330 §1, 2007) ARTICLE 2 Definitions Sec. 17-2-10. Grammatical usage. For the purposes of these regulations, words and terms used shall be used, interpreted and defined as set forth below: (1) The particular controls the general. 7 (2) The word shall is always mandatory. The word may is permissive. (3) Unless the context clearly indicates to the contrary, words used in the present tense include the future tense and words used in the plural include the singular. (Ord. 322 § 12-7-1, 2006) Sec. 17-2-20. Words and terms defined. As used in this Chapter, the following terms shall have the meanings indicated: Acceptance means formal action by the Board of Trustees whereby subdivision improvements which constitute public property are accepted for maintenance. This action can only be taken after the improvements are completed and inspected by authorized personnel and certified for acceptance. Adequate public facilities means facilities determined to be capable of supporting and servicing the physical area and designated intensity of the proposed subdivision as determined by the Town based upon specified levels of service. See subdivision improvements. Apartment means a structure or structures located on a single lot or parcel of land, containing five (5) or more individual dwelling units which are not platted as condominium or townhome units and are under single ownership. Applicant, used interchangeably with the terms developer and subdivider, means the owner of land proposed to be subdivided or his or her representative who is responsible for any undertaking that requires review and approval under these regulations. As-built plat means the amended final plat that shows exact locations of all public and private improvements on a development site. For condominiums, shall also include horizontal and vertical layouts of the air spaces. Block means a tract of land bounded by streets, or a combination of streets and public parks, cemeteries, railroad rights-of-way or boundary lines of municipalities. Building means any structure built for the support, shelter or enclosure of persons, animals or moveable property of any kind. Certificate of occupancy is a document stating that the building or structure has been inspected by the Building Official, that all provisions of the adopted Building Code and all other applicable rules and regulations have been complied with, and that the building or structure has been approved for occupancy. Comprehensive Plan, Community Plan or Master Plan means a plan, pursuant to state statutes, prepared and adopted by the Town for guiding and controlling the physical development of land use and circulation in the Town and up to a three-mile radius beyond the Town limits. means a type of ownership which consists of a separate fee simple estate in an individual airspace unit of a multi-unit property, together with an undivided fee simple interest in common elements. means any enclosed room occupying all or part of a floor in a building of one (1) or more floors to be used for residential, professional, commercial or industrial purposes. 8 unless otherwise provided in the declaration or by written consent of all the condominium owners, means the land or the interest therein on which a building or buildings are located; the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, entrances and exits of such building or buildings; the basements, yards, gardens, parking area and storage spaces; the premises for lodging of custodians or persons in charge of the property; installations of central services such as power, light, gas, water, heating, refrigeration, central air conditioning and incinerating; the elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installations existing for common use; such community and commercial facilities as may be provided for in the declaration; and all other parts of the property necessary or convenient to its existence, maintenance or safety in common use. means an individual air space unit, together with the interest in the common elements appurtenant to such unit. means an instrument which defines the character, duration, rights, obligations and limitations of condominium ownership. means a local street with only one (1) outlet that terminates in a vehicular turnaround and has appropriate dimensions for the safe and convenient reversal of traffic movement, including emergency vehicles. means an appropriation of land to some public use, made by the owner and by which the owner reserves to himself or herself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. used interchangeably with the terms and means the owner land proposed to be subdivided or his or her representative, who is responsible for any undertaking that requires review and approval under these regulations. means the area of land proposed to be disturbed or altered in any manner, whether temporarily or permanently, as a result of a subdivision of land and the construction of buildings and improvements. This includes, but is not limited to, temporary and permanent roads, streets and trails, disturbance or removal of vegetation, excavation and the storage of fill materials. means all facilities necessary to control the direction, depth, velocity and volume of water flow within a proposed subdivision, and all facilities necessary to mitigate erosion and related water quality impacts resulting from development. include, but are not limited to, detention and settling ponds, infiltration galleries, sand traps, grassed waterways, catch basins and revegetation landscaping. Dwelling unit means one (1) or more rooms connected together, constituting a separate, independent housekeeping establishment for permanent occupancy by not more than one (1) family for living purposes and having not more than one (1) kitchen and sleeping facilities. All dwelling units shall contain at least five hundred (500) square feet of floor area measured on the outside walls. Easement means authorization by a property owner for another to use the owner's property for a specified purpose. Authorization is generally established in a real estate deed or on a recorded plat. Final plat means a map, drawing or chart and supporting materials of certain described land, 9 prepared in accordance with these regulations as an instrument for recording real estate interests in the office of the County Clerk and Recorder. Lot, used interchangeably with the term parcel, means a tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or possession or for building development. Each lot shall have a twenty-foot minimum access to a public or approved private street. A piece of property which exists by virtue of a separate legal description or a separate deed, either of which has been recorded in the office of the County Clerk and Recorder. Major subdivision means all subdivisions not classified as minor subdivisions, including but not limited to subdivisions of five (5) or more lots, or any size subdivision requiring any new street or extension of the local Town facilities or the creation of any public improvements. Minor subdivision means any subdivision containing not more than four (4) lots or dwelling units fronting on an existing street, not involving the construction of a new street or road or the extension of Town facilities, and otherwise meeting the requirements of Article 4 of this Chapter. Mixed-use residential and commercial subdivision means a subdivision which includes both a residential component consisting of single-family, apartment, condominium and/or townhome development, and a nonresidential component consisting of commercial, office and/or industrial development. All such mixed-use subdivisions must conform with the zoning regulations applicable to the property. Open space means land which is free of any structures, except those permitted below, and dedicated to the public or conveyed to a homeowners' association for common use of all residents of a subdivision, unless otherwise approved by the Town. Open space includes land devoted for landscaping, recreational and visual openness for all residents of a subdivision. Private open space, once created, can only be otherwise utilized by the concurrence of one hundred percent (100%) of the lot owners, which said open space was created to benefit, and the approval of the Town. Uses not specified herein may be approved and/or denied by the Town. Permitted and not permitted uses within dedicated open space are outlined as follows: Permitted Uses Trails Gardens Uncovered decks Patios Access corridors to public lands Picnic grounds Golf courses Athletic fields Playgrounds Sidewalks 10 17-11 Disabled ramps Uncovered hot tubs Uncovered swimming pools One-story detached accessory buildings not requiring a building permit Uses Not Permitted Covered swimming pools Streets and roads Driveways, parking and loading Tennis courts Structures Parcel, used interchangeably with the term lot, means a piece of property which exists by virtue of a separate legal description or a separate deed, either of which has been recorded at the office of the County Clerk and Recorder. Planning Commission means the Town of Fraser Planning Commission. Plat amendment means modifications to an approved and recorded plat that may involve corrections to lot lines and other specifications that do not qualify it for a resubdivision. Preliminary plat means a map of the proposed subdivision drawn and submitted along with other supporting documents in accordance with these regulations. Public hearing means a meeting called by a public body for which public notice has been given and which is held in a place in which the general public may attend to hear issues and express their opinions. Public notice means notice to the public of a public hearing by the Board of Trustees or Planning Commission. Unless otherwise specified, such notice shall be published one (1) time in a newspaper of general circulation in the Town at least fourteen (14) days before such hearing. Reception number means the number assigned to all documents recorded in the office of the County Clerk and Recorder. Amended and as-built plats must show the reception numbers of all previously recorded plats. means any change on an approved and recorded subdivision plat if such change affects the density, land use, street layout or any area reserved for public use. means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sewer main, stormwater drain or trees, or for another special use. The usage of the term for platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sewer mains, stormwater drains, trees or any other use involving maintenance by a public agency shall be dedicated to public use by the subdivider. 11 means a map of the proposed subdivision, drawn and submitted in accordance with the objectives of these regulations to evaluate development feasibility and design characteristics at an early planning stage. means authorized administrative personnel of the Board of Trustees or Planning Commission whose responsibility is to perform the day-to-day business functions of the Town. means a suitable improved private road as determined by the Town, which provides ingress and egress to and from a subdivision by residents and members of the public, and emergency vehicle access to abutting properties without undue hazard to public property or residents. means a right-of-way reserved or dedicated for public use which provides for vehicular traffic, further classified and defined in means an edifice or building of any kind, or any piece of work artificially built up or constructed of parts joined together in some definite manner. means any person who: (a) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision; or (b) directly or indirectly sells, leases or develops, offers to sell, lease or develop or advertises to sell, lease or develop any interest, lot, parcel site, unit or plat in a subdivision; or (c) engages directly or through an agent in the business of selling, leasing, developing or offering for sale, lease or development a subdivision or any interest, lot, parcel site, unit or plat in a subdivision; and (d) is directly or indirectly controlled by or under direct or indirect common control with any of the foregoing. means any parcel of land which is to be used for condominiums and/or townhomes, apartments containing two (2) or more dwelling units or any other multiple-dwelling units, unless such land was previously subdivided and the filing accompanying such subdivision complied with requirements of these regulations with respect to the type and density of such proposed use; or any parcel of land which is to be divided into two (2) or more lots, tracts, parcels, plats, sites, separate interests (including leasehold interests), interests in common or other division for the purpose, whether immediate or future, of transfer of ownership or for building or other development. It includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided. Unless the method of disposition is adopted for the purpose of evading the requirements of these regulations, the term shall not apply to any of the following divisions of land or interests in land: a. A division of land by order of any court in the State or by operation of law; b. A division which is created by a security or unit of interest in any investment trust regulated under the laws of the State or any other interest in an investment entity; c. A division which creates cemetery lots; d. A division which creates an interest in oil, gas, minerals or water which is severed from the surface ownership of real property; e. A division which is created by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common, and any such interest shall be deemed as only one (1) interest; and/or 12 f. A division which is created by the conveyance of real property to the Town in satisfaction of land dedication, subdivision, annexation or other Town requirements. means the physical improvements to property made by a subdivider to provide needed public facilities or services, and/or to protect public health, safety and welfare. These are public and private improvements that are necessary to provide the basic infrastructure for the subdivision, and include improvements for which the Town may ultimately assume responsibility for maintenance and operation. Therefore, all such improvements shall be properly bonded for or secured by a letter of credit or other acceptable legal instrument. These improvements include, but are not limited to, the following: a. bridges and structures, Roads, streets, curbs, gutters, sidewalks and trails; b. Potable water production, treatment and distribution systems; c. Sanitary sewer collection system; d. Storm sewers or storm drainage system, as required; e. Utility collection and distribution systems for public parks and open space; f. striping Acquisition, construction and installation of traffic signs,, signals, lights and lighting; g. name Acquisition, construction and installation of street signs at all intersections and along roadways; h. Street lights; i. Permanent reference monuments and monument boxes; j. Underground telephone, electric and gas lines; k. Landscaping; I. Erosion control devices; m. Revegetation; n. Open space, parks and recreation areas; o. Systems and/or facilities for the transportation of people; p. Acquisition, construction, improvement and equipping of temporary and permanent school buildings, fire stations, police stations, public works maintenance facilities, open space, parks and recreation areas; q. Acquisition of any and all property, easements and rights-of-way which may be required to carry out the purposes of the project; r. Underdrains; 13 s. Necessary floodway improvements; t. and/or waterway Necessary irrigation ditch improvements; and u. Any other improvements deemed necessary by the Board of Trustees. Subdivision improvements agreement means a written contract entered into by the Town and the applicant providing for and describing conditions of approval for subdivision improvements to be constructed as part of a subdivision development. It shall, at a minimum, set forth construction specifications for required subdivision improvements, provide dates for completion of the improvements and identify the terms and conditions for the acceptance of the improvements to the Town. It shall also provide for such fmancial assurances as necessary to ensure the proper and timely installation of improvements. Title commitment means a commitment for title insurance issued by a licensed title insurance company with offices in the County, with an effective date not earlier than thirty (30) days prior to the date that the commitment is filed with or submitted to the Town pursuant to these regulations. Unless otherwise specified, the commitment shall apply to and describe the real property included in the proposed subdivision, shall identify all owners of record of such property and shall list all liens, encumbrances, easements and restrictions affecting such property with the book and page or reception number where such matters appear in the records in the office of the County Clerk and Recorder. Townhome means a type of ownership which consists of a fee simple interest in an individually deeded lot and residential dwelling unit, plus a membership right in a homeowners' association which shall own in fee simple the common areas subject to all rights and duties as provided in the townhome declaration of the homeowners' association. a. The dwelling unit may consist of a single-family dwelling constructed on an individually deeded lot, or as part of a series of two (2) or more dwellings, each of which is either attached to the adjacent dwelling by party walls or is attached with no visible separation between walls or roof. b. The term areas will be defined in each declaration and will include such items as the following: open space, open land, greenbelts, yards, parking areas or storage spaces located on the property owned and controlled by the owners through the homeowners' association, but which are not part of individual townhome lots, and all community and commercial facilities or other parts of the property necessary or convenient to the existence, maintenance or safety of all townhomes. c. The term refers to an instrument which defines the character, duration, rights, obligations and limitations of townhome ownership. means a multipurpose easement designed to provide a safe and easy passage for travel. (Ord. 322 §12-7-2, 2006; Ord. 330 §1, 2007) ARTICLE 3 Exemptions, Vacations, Minor Plat Amendments, Variances and Vested Property Rights 14 Sec. 17-3-10. Subdivision exemption. (a) Certain divisions of property may be exempted from the requirements of this Chapter if the activity meets one (1) of the following conditions and if such exemption is approved by the Board of Trustees: (1) The division does not result in the creation of an additional lot. (2) A division for the purpose of revising lot lines, only if it creates no more than the prior recorded number of lots. All revised lots must conform to the lot dimensional requirements as established in Chapter 16 of this Code. If the lots of the original recorded plat were nonconforming, any revised lot shall not increase the nonconformity. (3) A division for the purpose of correcting an engineering or survey error in a recorded plat, provided that the correction continues to meet the standards of these regulations and have no effect on conditions applied to the approval of the recorded plat. (4) A division which creates parcels for community facilities (including utility land acquisition). (5) A division which involves the acquisition of access from one (1) parcel of property to another. (b) An application for an exemption plat shall be accompanied by the following information: (1) A land use application form. The applicable fee as established by the Board of Trustees. (2) (3) A title commitment (two [2] copies) must be current and dated no more than thirty (30) days from the date of application submittal. (4) Copies of the exemption plat and associated submittal materials in a format and quantity as specified by Town staff. (c) Unless the Board of Trustees determines that an exemption may be approved by resolution only, an exemption plat shall be required for all exemptions granted under this Article. Exemption plats shall contain or be accompanied by the following information and conform to the following specifications: (1) Title: Subdivision Exemption Plat Subdivision Name Prior Reception Numbers Legal Description Town of Fraser, Grand County, Colorado (2) Plat size: twenty-four (24) inches by thirty-six (36) inches, with a one-half-inch margin on the top, bottom and right-hand side and a one-and-one-half-inch margin on the left-hand side. 15 (3) Sheets shall be numbered in sequence if more than one (1) sheet is used. (4) A blank 21/4" x 3" vertical box in the lower right-hand corner of the plat inside the margin for use by the County Clerk and Recorder. (5) Each sheet shall show the written and graphic scale, north arrow and date of survey preparation. (6) A general vicinity map. (7) Names and addresses of the applicant and surveyor. (8) A statement by the surveyor of the basis of bearing for laying out the boundaries. (9) A description of all monuments, both found and set, which mark the boundaries of the property, and a description of all control monuments used in conducting the survey. (10) Signature and seal of the land surveyor. See Appendix D to this Code for signature block text and format. (11) Signature blocks for owners, lien holders (if applicable) and Board of Trustees. See Appendix D to this Code for signature block text and format. (12) Dedication and depiction of access rights-of-way to adjacent lands, if applicable. All recorded and apparent easements and right-of-ways on and/or adjacent to (13) the property. (14) A land and improvements survey and metes-and-bounds legal description of the property in question by a registered surveyor. (15) All dimensions necessary to establish the boundaries in the field. (16) All signatures in black, permanent ink. Sec. 17-3-20. Subdivision exemption plat review procedure. (a) All required submittal materials shall be filed with the Town Planner at least forty-five (45) days prior to the Planning Commission meeting. (b) Within fourteen (14) days of filing, the Town Planner shall review the application to determine if it is complete and shall notify the applicant of any deficiencies. No application shall be submitted to the Planning Commission or scheduled for a meeting until a complete application has been filed with the Town Planner. (c) Upon receipt of a complete application, a public hearing shall be scheduled at the next available Planning Commission meeting. Staff comments and recommendations shall be forwarded to the applicant at least five (5) days prior to the public hearing date. (d) At least t hirty (30) days in advance of the initial public hearing, the applicant shall send 16 notice, by certified mail, return receipt requested, to provide notice to all surface owners, ineral estate owners and provide certification of such notice in accordance with the requirements of Section 31-23-215 and Article 65.5 of Title 24, C.R.S. lessees of mineral owners in accordance with Sections 31-23215 and 24-65.5-103, C.R.S. (e) At least fourteen (14) days in advance of the public hearing, the applicant shall send provide written notice to all owners of property within two hundred (200) feet of the boundaries of the property that is the subject of the application. Such notice shall be sent via certified mail, return receipt requested, and shall include the following information: A copy of the complete application with all accompanying materials; the name, address and phone number of the authorized contact for the applicant; and the time, date and place of the public hearing. The applicant shall provide the Town with a written affidavit prior to the time of the public hearing reflecting the date of mailings and the names, addresses and legal descriptions of all parties to whom the notifications were transmitted, together with a complete copy of the materials included in the mailing. Failure to properly mail the documents, notify the necessary parties and/or provide the required affidavit shall be grounds for denial of the application or a continuance of the public hearing until such notice is provided. (f) The Town staff shall publish notice of the public hearing, in a newspaper of general circulation, by one (1) publication at least fourteen (14) days in advance of the public hearing. Proof of publication shall be supplied at the public hearing. All publication expenses shall be paid by the applicant. (g) No plat shall be submitted to the Planning Commission until the foregoing notice and review requirements have been completed and/or satisfied. The Planning Commission shall consider the application at a public hearing and either recommend approval or approval with conditions or deny the application within thirty (30) days after the commencement of such hearing. Failure by the Planning Commission to act on the plat within said thirty-day period shall constitute approval of the application; provided, however, that the applicant or his or her authorized representative may waive this requirement and consent to an extension of such period for the Planning Commission's determination if necessary to allow the applicant to make revisions or provide additional information before the Planning Commission takes final action. Any conditions of approval or reasons for denial shall be stated in the minutes. (h) Within thirty (30) days of the Planning Commission public hearing, the Board of Trustees shall review the application and either approve, approve with conditions or deny the application. Upon the Board of Trustees' approval, the plat or resolution shall be recorded by the Town staff in the office of the County Clerk and Recorder. All recording expenses shall be paid by the applicant. (i) Prior to execution of the subdivision exemption plat, the applicant shall provide the Town with the following: (1) Executed originals of all legal documents. (2) Subdivision exemption plat Mylar. (3) A black line Mylar for the purpose of incorporating the data into a 911 emergency system. The Mylar shall be fourteen (14) inches by eighteen (18) inches and shall contain the name of the subdivision, the section(s), township(s) and range(s) in which the subdivision is located, all street names, lot numbers, street addressing numbers, unit numbers (if applicable) and a range of street addressing numbers for each street. The information contained on the fourteen-inch-by- 17 eighteen inch Mylar shall also be submitted in AutoCAD.dwg or AutoCAD.dxf format as specified below. (4) Prior to recording the final plat, electronic media shall be provided in AutoCAD.dwg or AutoCAD.dxf format, which contains the physical features of the development. The drawing shall be referenced to a known coordinate system. A Projection (PRJ) file should be submitted. If not, include a text file with all the parameters describing the datum, projection and coordinate system used for the project. If the survey is not produced using GPS, then the Geographic Control Data Base should be used to obtain PLSS data in NAD 83 datum. The GCDB is available from the BLM at www.BLM.gov/GCDB. The drawing shall include either a data dictionary to explain the layers, or a self-explanatory layering system. (Ord. 322 § 12-2-2, 2006) A digital file of the approved exemption plat. This digital file will be used for updating and Specific requirements for digital submittal can be o -- (a) Methods. Public right-of-way and easement vacation proceedings shall be in compliance with Sections 43-2-302 and 43-2-303, C.R.S. (b) The Board of Trustees may approve a vacation petition on such terms and conditions as are reasonable to protect public health, safety and welfare. Sec. 17-3-40. Right-of-way and/or easement vacation. An application for a right-of-way and/or easement vacation shall be accompanied by the following information: (1) A land use application form. (2) The applicable fee as established by the Board of Trustees. (3) C Twenty (20) opies of a petition requesting vacation of the right-of-way and/or in a format and quantity as specified by Town easement and all accompanying documents staff. (4) C Three (3) opies of the documentation showing that the right-of-way and/or easement sought to be vacated has been legally dedicated to and accepted by the public or authorized in a format and quantity as specified by Town staff. agent of the public Sec. 17-3-50. Right-of-way and/or easement vacation review procedure. (a) All required submittal materials shall be filed with the Town Planner at least forty-five (45) days prior to the Board of Trustees meeting. (b) Within fourteen (14) days of filing, the Town Planner shall review the application to determine if it is complete and shall notify the applicant of any deficiencies. No application shall be submitted to the Board of Trustees or scheduled for a meeting until a complete application has been filed with the Town Planner. Upon receipt of a complete application, a public hearing shall be scheduled at the next (c) available Board of Trustees meeting. Staff comments and recommendations shall be forwarded to the 18 applicant at least five (5) days prior to the public hearing date. (d) The Town staff shall refer a copy of the petition and all accompanying documents to affected government agencies, special districts and private and public utility companies for review and comment. (e) At least fourteen (14) days in advance of the public hearing, the applicant shall provide written notice to all owners of property within two hundred (200) feet of the boundaries of the proposed vacation. Such notice shall be sent via certified mail, return receipt requested, and shall include the following information: a copy of the application with all accompanying materials, including a letter stating that a petition to vacate has been submitted to the Town, the right-of-way and/or easement sought to be vacated, the reasons for seeking the vacation, the disposition of the vacated portion of the right-of-way/easement, the name, address and phone number of the authorized contact for the applicant and the time, date and place of the public hearing. The applicant shall provide the Town with a written affidavit prior to the time of the public hearing, reflecting the date of mailing and the names, addresses and legal descriptions of all parties to whom the notifications were transmitted, together with a complete copy of the materials included in the mailing. Failure to properly mail the documents, notify the necessary parties and/or provide the required affidavit shall be grounds for denial of consideration of the vacation request or a continuance of the public hearing until such notice is provided. (f) The Town staff shall publish notice of the public hearing, in a newspaper of general circulation, by one (1) publication at least fourteen (14) days in advance of the public hearing. Proof of publication shall be supplied at the public hearing. All publication expenses shall be paid by the applicant. (g) No vacation petition shall be deemed to have been submitted to the Board of Trustees until the foregoing notice and review requirements have been completed and/or satisfied. The Board of Trustees shall consider the vacation petition and review an ordinance vacating the right-of- way and/or easement at a public hearing and either approve, approve with conditions or deny the vacation petition within thirty (30) days after the commencement of such hearing. Failure by the Board of Trustees to act on the vacation petition within said thirty-day period shall constitute approval of the vacation petition; provided, however, that the applicant or his or her authorized representative may waive this requirement and consent to an extension of such period for the Board of Trustees' determination if necessary to allow the applicant to make revisions or provide additional information before the Board of Trustees takes fmal action. Any conditions of approval or reasons for denial shall be stated in the minutes. Written notice stating these conditions for approval or reasons for denial shall be sent to the applicant. Upon the Board of Trustees' approval, the ordinance shall be recorded by the Town staff in the office of the County Clerk and Recorder. (Ord. 322 § 12-2-5, 2006) Sec. 17-3-60. Plat vacation. (a) Any plat, or portion thereof, may be vacated upon petition by the owner of the property and approval by the Board of Trustees, at any time before the sale of any lots. When lots have been sold, all owners must consent to the proposed vacation. An application for a plat vacation shall be accompanied by the following (b) information: (1) A land use application form. (2) The applicable fee as established by the Board of Trustees. (3) A title commitment (two [2] copies) must be current and dated no more than thirty (30) 19 days from the date of application submittal. (4) Copies of the vacation plat and associated submittal materials in a format and quantity as specified by Town staff. Three (3) copies of the recorded plat to be vacated. (Ord. 322 § 12-2-6; 2006) Sec. (a) All required submittal materials shall be filed with the Town Planner at least forty-five (45) days prior to the Planning Commission. (b) Within fourteen (14) days of filing, the Town Planner shall review the application to determine if it is complete and shall notify the applicant of any deficiencies. No application shall be submitted to the Planning Commission or scheduled for a meeting until a complete application has been filed with the Town Planner. (c) Upon receipt of a complete application, a public hearing shall be scheduled at the next available Planning Commission meeting for consideration of the application. Staff comments and recommendations shall be forwarded to the applicant at least five (5) days prior to the meeting date. (d) The applicant shall provide notice of the public hearing in the manner specified in Subsections 17-3-20(d) and (e) above. The Town staff shall cause notice of such public hearing to be published in the manner specified in Subsection 17-3-20(f) above. (e) No plat vacation petition shall be deemed to have been submitted to the Planning Commission until the foregoing review requirements have been completed and/or satisfied. The Planning Commission shall consider the plat vacation petition at a public hearing and shall either recommend approval or approval with conditions or deny the vacation plat within thirty (30) days after the commencement of such meeting. Failure by the Planning Commission to act on the plat vacation petition within said thirty-day period shall constitute approval of the plat vacation petition; provided, however, that the applicant or his or her authorized representative may waive this requirement and consent to an extension of such period for the Planning Commission's determination, if necessary to allow the applicant to make revisions or provide additional information before the Planning Commission takes final action. Any conditions of approval or reasons for denial shall be stated in the minutes. (f) Within thirty (30) days from the Planning Commission public hearing, the Board of Trustees shall review the plat vacation petition and either approve, approve with conditions or deny the request. Upon the Board of Trustees' approval, a resolution shall be recorded by the Town staff in the office of the County Clerk and Recorder. The owner shall be responsible for vacating all restrictive covenants, condominium or townhome declarations, homeowners' association, articles of incorporation, bylaws and deed of conveyance to the association for common elements, if applicable. (Ord. 322 § 12-2-7, 2006) Sec. 17-3-80. Minor plat amendment. (a) Certain minor amendments to approved and recorded plats may be considered via a minor plat amendment upon petition by the owner of the property and approval by the Board of where a majority of Trustees, in cases the following conditions are met: 20 (1) The approval of the minor plat amendment will not be detrimental to the public safety, health or welfare or injurious to other adjacent properties. (2) The minor plat amendment is in conformity with other policies and criteria as established by the Planning Commission. (3) The minor plat amendment would not alter the overall nature, character, density or intent of the approved plat. (4) The minor plat amendment request is the result of site conditions encountered after initiation of development, mitigation of plat notes or conditions via alternative means approved by the Planning Commission and Board of Trustees, or errors in engineering or surveying. (5) The minor plat amendment is consistent with the original intent of the subdivision and/or conditions or plat notes. (b) An application for a minor plat amendment shall be accompanied by the following information: (1) A land use application form. The applicable fee as established by the Board of Trustees. (2) (3) A title report (two [2] copies) listing all owners of record in the subdivision. The title report must be current and dated no more than thirty (30) days from the date of application submittal. C (3) Twenty (20) opies of a petition requesting the minor plat amendment, describing in a format and quantity as specified by Town the impact and the need for the amendment staff. (4) Three (3) copies of the recorded plat to be amended. (5) At the discretion of the Town, in cases where the effects of a minor plat amendment are determined to be negligible to all property owners within the subdivision, the minor plat amendment may be processed on behalf of all owners by a majority of owners, affected owners, the developer of the subdivision or the owners' association. In such cases, the applicant shall provide evidence of notice of the request and hearing to all owners within the subdivision. (6) At the discretion of the Town, an amended plat may be required to be executed and recorded by Town staff in the office of the County Clerk and Recorder. (Ord. 322 § 12-2-8, 2006) Sec. 17-3-90. Minor plat amendment review procedure. (a) All required submittal materials shall be filed with the Town Planner at least forty-five (45) days prior to the Planning Commission meeting. (b) Within fourteen (14) days of filing, the Town staff shall review the application to determine if it is complete and shall notify the applicant of any deficiencies. No application shall be submitted to the Planning Commission or scheduled for a meeting until a complete application has been filed 21 with the Town staff. (c) Upon receipt of a complete application, a public hearing shall be scheduled at the next available Planning Commission meeting for consideration of the application. Town staff comments and recommendations shall be forwarded to the applicant at least five (5) days prior to the public hearing date. (d) The applicant shall provide public notice of the public hearing in the manner specified in Subsections 17-3-20(d) and (e) of this Article. The Town staff shall cause notice of such public hearing to be published in the manner specified in Subsection 17-3-20(f). No petition for a minor plat amendment shall be deemed to have been submitted to the (e) Planning Commission until the foregoing review requirements have been completed and/or satisfied. The Planning Commission shall consider the minor plat amendment and review an amended plat or resolution (as determined appropriate by Town staff) amending the plat at a public hearing and either recommend approval, approval with conditions or denial of the minor plat amendment. (f) Within thirty (30) days from the Planning Commission public hearing, the Board of Trustees shall review the minor plat amendment and either approve, approve with conditions or deny the request. Upon Board of Trustees approval, a resolution and/or amended plat shall be recorded by the Town staff in the office of the County Clerk and Recorder. (g) Prior to execution of the minor plat amendment, the applicant shall provide the Town with the following: (1) Executed originals of all legal documents. (2) Amended plat Mylar, if applicable. (3) A black line Mylar for the purpose of incorporating the data into a 911 emergency system. The Mylar shall be fourteen (14) inches by eighteen (18) inches and shall contain the name of the subdivision, the section(s), township(s) and range(s) in which the subdivision is located, all street names, lot numbers, street addressing numbers, unit numbers (if applicable) and a range of street addressing numbers for each street. The information contained on the fourteen-inch-by- eighteeninch Mylar shall also be submitted in AutoCAD.dwg or AutoCAD.dxf format as specified below. (4) Prior to recording the final plat, electronic media shall be provided in AutoCAD.dwg or AutoCAD.dxf format, which contains the physical features of the development. The drawing shall be referenced to a known coordinate system. A Projection (PRJ) file should be submitted. If not, include a text file with all the parameters describing the datum, projection and coordinate system used for the project. If the survey is not produced using GPS, then the Geographic Control Data Base should be used to obtain PLSS data in NAD 83 datum. The GCDB is available from the BLM at www.BLM.gov/GCDB. The drawing shall include either a data dictionary to explain the layers, or a self-explanatory layering system. (Ord. 322 § 12-2-9, 2006) (5) (4) A digital file of the approved amended plat. This digital file will be used for digital fil Sec. 17-3-100. Variances . 22 (a) The Planning Commission may authorize variances from these regulations in cases where, due to exceptional topographical conditions or other unusual conditions, an unnecessary hardship is placed on the applicant. A variance may be granted where, in the opinion of the Planning Commission, the best interests of the Town are served by granting a variance. Such variance shall not be granted if it would be detrimental to the public good or impair the intent and purposes of these regulations. The conditions of any variance authorized shall be stated in writing in the minutes of the Planning Commission, with the justifications set forth. The Planning Commission shall consider the following criteria and make specific findings when evaluating each variance request: (1) The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other property located nearby. (2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property. (3) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out. (4) The variances will not in any manner vary the provisions of Chapter 16 of this Code, the Comprehensive Plan or Official Zoning Map. (5) The variance is, in the opinion of the Planning Commission, insignificant. (6) The variance is in conformity with other criteria the Planning Commission sets by policy from time to time. (b) Conditions. In approving variances, the Planning Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these regulations. (c) An application for a variance shall be accompanied by the following information: (1) A land use application form. (2) The applicable fee as established by the Board of Trustees. (3) A title commitment (two [2] copies) must be current and dated no more than thirty (30) days from the date of the application submittal. (4) Cin a format and quantity as Twenty (20) opies of the variance request specified by Town staff. (5) C Twenty (20) opies of a concise statement of the type of variance requested and the applicable subdivision regulation section being referred to for the variance, a statement of the reasons and need for the variance, and the name, address and phone number of the in a format and quantity as specified by Town authorized contact for the variance request staff. 23 Sec. 17-3-110. Variance review procedure. (a) The Planning Commission shall consider variances from these regulations at the preliminary plat public hearing for a major subdivision. All required submittal materials shall be filed with the Town Planner at least forty-five (45) days prior to the Planning Commission meeting. (b) Within fourteen (14) days of filing, the Town Planner shall review the application to determine if it is complete and shall notify the applicant of any deficiencies. No application shall be submitted to the Planning Commission or scheduled for a meeting until a complete application has been filed with the Town Planner. (c) Upon receipt of a complete application, a public hearing shall be scheduled at the next available Planning Commission meeting for consideration of the application. Staff comments and recommendations shall be forwarded to the applicant at least five (5) days prior to the public hearing date. (d) The applicant shall provide notice of the public hearing in the manner specified in Subsection 17-2-20(e) of this Article. The Town staff shall cause notice of such public hearing to be published in the manner specified in Subsection 178-2-20(f) of this Article. (e) No variance request shall be deemed to have been submitted to the Planning Commission until the forgoing notice and review requirements have been completed and/or satisfied. The Planning Commission shall consider the variance request at a public hearing and either recommend approval or approval with conditions or deny the application within thirty (30) days after commencement of such hearing. Failure of the Planning Commission to act on the variance request within said thirty-day period shall constitute approval of the variance request; provided, however, that the applicant or his or her authorized representative may waive this requirement and consent to an extension of such period for the Planning Commission's determination, if necessary to allow the applicant to make revisions or provide additional information before the Planning Commission takes final action. All decisions of the Planning Commission are final. Any findings, conditions of approval or reasons for denial shall be stated in the minutes. (Ord. 322 §12-2-11, 2006) Sec. 17-3-120. Vested property rights. (a) A site specific development plan, for purposes of the creation of a vested property right pursuant to Article 68 of Title 24, C.R.S., shall mean the final development plan, irrespective of its title, for a specific parcel of property which is submitted to the Town for approval and which is the final approval step prior to the application for a building permit. No site specific development plan shall be approved and no vested property right shall be created except pursuant to and upon compliance with the requirements of this Section. (b) In the event that an applicant for site development approval wishes said approval to have the effect of creating vested property rights pursuant to Article 68 of Title 24, C.R.S., the applicant must so request, in writing, at least thirty (30) days prior to the date said approval is to be considered. Failure to so request renders the approval not a site specific development plan, and no vested rights shall be deemed to have been created thereby. (1) A site specific development plan may be approved with terms and conditions as may reasonably be necessary to protect the public health, safety and welfare, and as provided in the Town's other ordinances and regulations applicable to the proposed development. Failure to comply with such terms and conditions shall result in forfeiture of the vested property rights. 24 (2) Each map, plat or site plan constituting a site specific development plan shall contain the following language: "Approval of this plan creates a vested property right pursuant to Section 2468-103, C.R.S., as amended." (c) No site specific development plan shall be approved until it has been considered at a public hearing preceded by public notice of such hearing. If the regulations applicable to the review of the development plan which is proposed to create a vested property right do not otherwise provide for such a public hearing or public notice, then the applicant shall request that such a public hearing be scheduled before the Board of Trustees and shall be responsible for giving public notice of such hearing in the same manner as that required for amendments to the Official Zoning Map, as provided by Section 31-23-304, C.R.S., and Chapter 16 of this Code. (d) No site specific development plan shall become effective, and no vested property rights shall be created, until publication of a notice of the site specific development plan approval and creation of a vested property right pursuant to Article 68 of Title 24, C.R.S. Such notice shall be published once, not more than fourteen (14) days after approval of the site specific development plan, in a newspaper of general circulation within the Town. (e) In addition to any and all other fees and charges imposed by the ordinances and resolutions of the Town, the applicant for approval of a site specific development plan shall pay all costs occasioned to the Town as a result of the site specific development plan review, including publication of notices, public hearing and review costs. (f) In the event amendments to a site specific development plan are proposed and approved, the effective date of such amendments, for purposes of duration of a vested property right, shall be the date of the approval of the original site specific development plan, unless the Board of Trustees specifically fords to the contrary and incorporates such finding in its approval of the amendment. (g) Nothing in this Section is intended to create any vested property right, but only to implement the provisions of Article 68 of Title 24, C.R.S. In the event of the repeal of said Article or a judicial determination that said Article is invalid or unconstitutional, this Section shall be deemed to be repealed, and the provisions hereof no longer effective. (Ord. 322 § 12-2-12, 2006) ARTICLE 4 Minor Subdivisions Sec. 17-4-10. Purpose and scope. (a) The purposeof the minor subdivision plat is to complete a subdivision of land consistent with the subdivision design and improvement standards stated herein when the following conditions exist: (1) The resulting subdivision will create a total of not more than four (4) lots or four (4) dwelling units. Condominium and townhome developments shall be reviewed as a minor subdivision only if they involve four (4) or fewer dwelling units and are intended to create not more than four (4) individual interests in property capable of being separately transferred. (2) There are no exceptions to the subdivision design and improvement standards in Articles 6 and 7 of this Chapter; and 25 (3) No new streets need to be constructed and municipal utilities exist immediately adjacent to the parcel and do not need to be extended to serve the subdivision. (b) The minor subdivision review process shall not be used to circumvent the requirements of the major subdivision review process. Sec. 17-4-20. Final plat. (a) General. An approved final plat shall be required for all minor subdivisions within the Town. No minor subdivision shall be approved until such data, surveys, analyses, studies, plans and designs as may be required by these regulations and by the Planning Commission and/or the Board of Trustees have been submitted, reviewed and found to meet all sound planning and engineering requirements of the Town. Approval and recording of the final plat allows the sales of a subdivision to proceed; except in the case of a subdivision of and/or townhomes, where approval of an as-built plat allows the sales of a subdivision to (b) An application for a final plat shall be accompanied by the following information: (1) A land use application form. (2) The applicable fee as established by the Board of Trustees. (3) A title commitment (two [2] copies) must be current and dated no more than thirty (30) days from the date of application submittal. (4) The location of any proposed connection with existing systems and engineering drawings, if applicable. (5) Written proof of legal access if the property does not have direct contiguous access to a public or private street. (6) Images (such as photographs, sketches and/or plans) which illustrate the project intention. (7) Subdivision improvements agreement, if applicable. (8) Two (2) copies of the proposed restrictive covenants, condominium or townhome declarations, articles of incorporation and bylaws of any homeowners' association (HOA) and deed of conveyance to the association for common elements, if applicable. Proof of filing the articles of incorporation and the executed originals of such documents shall be submitted prior to recording the plat. (9) If any liens will exist upon the subdivided property at the time of plat approval, the lienholders shall join in the execution of the declaration and the final plat. (10) A final drainage plan. Refer to Article 7 of this Article. (11) An erosion and sediment control and revegetation plan. (refer to Article 7 of this Chapter). Refer to The Town of Fraser Minimum Design Criteria and Construction Refer to Chapter 14 of the Municipal Code - Standards. 26 (12) A landscaping plan. Refer to Article 7 of this Article. (13) plan Exterior lighting scheme including parking lot lighting, mounting height, type of poles, light source intensity, building lighting and sign illumination, if applicable. Refer to Article 7 of this Article. (14) Estimated time schedule for development. (15) Any other reports and information deemed necessary by the Town. (16) Copies of the final plat and associated submittal materials in a format and quantity as specified by the Town staff. (c) The final plat shall contain the following information and conform to the following specifications: (1) Title: Minor Subdivision Final Plat Subdivision Name Prior Reception Numbers Legal Description Town of Fraser, Grand County, Colorado (2) Plat size: twenty-four (24) inches by thirty-six (36) inches, with a one-half-inch margin on the top, bottom and right-hand side and a one-and-one-half-inch margin on the left- hand side. (3) Sheets shall be numbered in sequence if more than one (1) sheet is used. (4) A blank 21/4" x 3" vertical box in the lower right-hand corner of the plat inside the margin for use by the County Clerk and Recorder. (5) Each sheet shall show the written and graphic scale, north arrow and date of survey preparation. (6) A general vicinity map. (7) Names and addresses of the owner, applicant, engineer and surveyor. (8) Land use table. The table shall include: land uses, approximate acreage of each land use and percentage of each land use, total acreage and square footage of property, total numbers of lots and maximum number of each type of dwelling unit proposed. (9) Location, dimensions and recorded information of all existing easements. (10) Location and dimensions of all proposed easements. (11) Basis of bearing and description and location of primary control points, or monuments both found and set, and ties to such control points to which all dimensions, angles, 27 bearings and similar data on the plat shall be referred. (12) A scale drawing of tract boundary lines, rights-of-way, easements, property lines of residential lots and other sites, with accurate dimensions, bearings or deflection angles, and radii, arcs and central angles of all curves with long chord bearings and distances. (13) All dimensions necessary to establish the boundaries in the field. The name and right-of-way width of each proposed street (for major subdivision (14) only) and lot and block numbers with street addresses. (15) Existing and proposed zoning on and adjacent to the property. (16) Existing and proposed locations and dimensions of all improvements, including but not limited to streets, landscaping and revegetation measures, trails, sidewalks, sewer and water mains, sewer and water service lines, telephone, cable, electrical and gas utility lines, drainage facilities and square footage of buildings, if applicable. (Note: The applicant must consult with the appropriate utility service providers regarding the design of all utilities throughout the subdivision.) Location for the placement and storage of trash receptacles/enclosures. (17) (18) Location, dimensions and proposed ownership of all property, if any, to be dedicated for parks, playgrounds, schools, open space or other public uses. (19) Location, function, ownership and manner of maintenance of any private open space. (20) The locations, dimensions and areas of all proposed or existing lots. (21) Location of all parking spaces and driveways (including the number of parking spaces and their dimensions). (22) Location of snow storage areas. It 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. (23) Number and types of units desired, including the maximum number of bedrooms and the density per acre. The required front, rear and side yard setbacks (denoted by dashed lines). (24) (25) Location of all existing and proposed watercourses. (26) All signatures in black, permanent ink. (27) The following certificates are required on the final plat (see Appendix D to this Code for signature block text and format): a. Dedication and notary clause. b. A certificate by the registered land surveyor as to the accuracy of the survey and 28 plat and that the survey was performed by him or her. c. A certificate showing approval of the plat and acceptance of dedications and easements by the Board of Trustees, with signature by the Mayor. Sec. 17-4-30. Final plat; additional requirements for condominiums townhomes and apartments. In addition to the above requirements, any plat of a condominium townhome and/or apartment development shall also contain the following information: (1) The final plat shall include a note as follows: "Approval and recordation of the as- built plat allows the sales of the subdivision to proceed." (Not applicable for apartments.) (2) Identify each building and each of the units by letter or number. (3) Designate the maximum number of bedrooms in each unit. Designate density per acre. (4) (5) Identify common open space, if applicable. (6) Square footage of land occupied by buildings and percentage to entire acreage. Square footage of parking and driveways and percentage to entire acreage. (7) (8) Square footage of open space and percentage to entire acreage. (9) The words and blanks: "Condominium/ Townhome Declarations recorded at Reception No. , Grand County Records." (Not applicable for apartments.) Sec. 17-4-40. Final plat review procedure. (a) Preapplication conference/work session. An applicant may schedule a preapplication conference/work session with Town staff regarding a proposed minor subdivision prior to plat submission. The objective of the preapplication conference/work session is to ensure that all new development is consistent with the Town's goals and that issues are identified early in the development process. Topics to be discussed will include: (1) Town regulations and standards; The application and review process; (2) (3) Submittal requirements; and (4) Schedule. (b) All required final plat submittal materials shall be filed with the Town Planner at least forty-five (45) days prior to the Planning Commission meeting. 29 (c) Within fourteen (14) days of filing, the Town Planner shall review the application to determine if it is complete and shall notify the applicant of any deficiencies. No application shall be submitted to the Planning Commission or scheduled for a meeting until a complete application has been filed with the Town Planner. (d) Upon receipt of a complete application, a public hearing shall be scheduled at the next available Planning Commission meeting for consideration of the application. Staff comments and recommendations shall be forwarded to the applicant at least five (5) days prior to the public hearing date. (e) The applicant shall provide notice of the public hearing in the manner specified in Subsections 17-3-20(d) and (e). Town staff shall cause notice of such public hearing to be published in the manner specified in Subsection 17-3-20(f). (f) No plat shall be deemed to have been submitted to the Planning Commission until the foregoing notice and review requirements have been completed and/or satisfied. The Planning Commission shall consider the application at a public hearing and either recommend approval or approval with conditions or deny the application within thirty (30) days after the commencement of such hearing. Failure by the Planning Commission to act on the plat within said thirty-day period shall constitute approval of the application; provided, however, that the applicant or his or her authorized representative may waive this requirement and consent to an extension of such period for the Planning Commission's determination if necessary to allow the applicant to make revisions or provide additional information before the Planning Commission takes final action. Any conditions of approval or reasons for denial shall be stated in the minutes. (g) Within thirty (30) days from the Planning Commission public hearing, the Board of Trustees shall review the application and either approve, approve with conditions or deny the application. Upon the Board of Trustees' approval, the plat shall be recorded by the Town staff in the office of the County Clerk and Recorder. All recording expenses shall be paid by the applicant. (h) Prior to execution of the final plat, the applicant shall provide the Town with the following: (1) Proof of filing the applicable articles of incorporation with the Secretary of State, if applicable, and the executed originals of all legal documents. (2) Final executed subdivision improvements agreement, required exhibits and the required collateral pursuant to Article 6 of this Chapter, if applicable. (3) Final plat Mylar. (4) A black line Mylar for the purpose of incorporating the data into a 911 emergency system. The Mylar shall be fourteen (14) inches by eighteen (18) inches and shall contain the name of the subdivision, the section(s), township(s) and range(s) in which the subdivision is located, all street names, lot numbers, street addressing numbers, unit numbers (if applicable) and a range of street addressing numbers for each street. The information contained on the fourteen-inch-by- eighteeninch Mylar shall also be submitted in AutoCAD.dwg or AutoCAD.dxf format as specified below. (5) Prior to recording the final plat, electronic media shall be provided in AutoCAD.dwg or AutoCAD.dxf format, which contains the physical features of the development. The drawing shall be referenced to a known coordinate system. A Projection (PRJ) file should be submitted. If not, include a text file with all the parameters describing the datum, projection and coordinate 30 system used for the project. If the survey is not produced using GPS, then the Geographic Control Data Base should he used to obtain PLSS data in NAD 83 datum. The GCDB is available from the BLM at www.BLM.gov/GCDB. The drawing shall include either a data dictionary to explain the layers, or a self-explanatory layering system. (Ord. 322 § 12-3-4, 2006) (6) A digital file of the approved final plat. This digital file will be used for requirements for digital subm 17-4-50. As-built plat. Sec. (a) After the final plat has been approved and prior to the transfer of property, the applicant of a condominium and/or townhome development is required to have an as-built plat approved by the Town. An as-built plat is an amended final plat that shows exact locations of all public and private improvements on a development site. For condominiums, as-built plats shall also include horizontal and vertical layouts of the airspaces. (b) The as-built plat shall contain the same information as the approved final plat, with the following changes: (1) Title: As-Built Plat Minor Subdivision-Final Plat Amendment Subdivision Name Prior Reception Numbers Legal Description Town of Fraser, Grand County, Colorado also include For condominiums, as-built plats shall horizontal and vertical layouts of the   air spaces. The second and remaining sheets shall contain: a. Sufficient plan and section drawings to completely define the positions of those various volumetric spaces within the inside walls and roofs which are referred to in the condominium declarations. b. The numerical designation of the individual parcels (volumetric or plane) which will be specifically referred to in deeds to the owners of the spaces or areas. (c) Prior to as-built plat approval, the applicant shall provide the following: (1) As-built plat Mylar. (2) A black line Mylar for the purpose of incorporating the data into a 911 emergency system. The Mylar shall be fourteen (14) inches by eighteen (18) inches and shall contain the name of the subdivision, the section(s), township(s) and range(s) in which the subdivision is located, all street names, lot numbers, street addressing numbers, unit numbers (if applicable) and a range of street addressing numbers for each street. The information contained on the fourteen-inch-by- eighteen inch Mylar shall also be submitted in AutoCAD.dwg or AutoCAD.dxf. format as 31 specified below. (3) Prior to recording the final plat, electronic media shall be provided in AutoCAD.dwg or AutoCAD.dxf format, which contains the physical features of the development. The drawing shall be referenced to a known coordinate system. A Projection (PRJ) file should be submitted. If not, include a text file with all the parameters describing the datum, projection and used for the project. If the survey is not produced using GPS, then the coordinate system Geographic Data Base should be used to obtain PLSS data in NAD 83 datum. Control The GCDB is from the BLM at www.BLM.gov/GCDB. The drawing shall include available either a data dictionary explain the layers, or a self-explanatory layering system. (Ord. to 322 §12-3-5, 2006) (4) 4) A digital file of the approved as-built plat. This digital file will be used for requirements for digital submittal can be o Department. Sec. 17-4-60. As-built plat review procedure. (a) After the final plat has been approved and prior to the transfer or occupancy of property, the applicant shall submit four (4) folded copies of the as-built plat and the applicable fee to the Town Planner. The Town staff shall review the plat and check the development site within fourteen (14) days of submission. If the Town staff is satisfied that all of the requirements of these regulations have been met, the as-built plat shall be recorded by the Town staff in the office of the County Clerk and Recorder. All recording expenses shall be paid by the applicant. (b) Should the Town staff determine that substantial differences exist between the final plat and the as-built plat to warrant review by the Planning Commission, the Town Planner shall schedule a public hearing and the same procedure as specified for final plat review shall be adhered to. (c) No approvals for certificates of occupancy will be given until after the as-built plat has been approved and recorded in the office of the County Clerk and Recorder. Approval and recording of the as-built plat allows the sales of the subdivision to proceed. ARTICLE 5 Major Subdivisions Sec. 17-5-10. Purpose and scope. (a) The purpose of the major subdivision plat is to divide one (1) or more lots or parcels of land into a total of five (5) or more lots or five (5) or more dwelling units. Condominium, townhome and apartment developments shall be reviewed as a major subdivision if they involve five (5) or more dwelling units or are intended to create five (5) or more individual interests in property capable of being separately transferred. (b) All major subdivisions must comply with all applicable subdivision design and improvements standards in Articles 6 and 7 of this Chapter. Sec. 17-5-20. Sketch plan. 32 (a) General. A sketch plan shall be submitted prior to a preliminary plat submission for a major subdivision. The sketch plan process is collaborative from the onset. The purpose of the sketch plan is two-fold. First, it provides the Town the opportunity to describe the Town's vision to the applicant. Second, it gives the applicant an opportunity to discuss his or her development plans, explain how the plans will further the Town's vision and obtain input and direction from Town staff early in the process. The objective is to ensure that all new development is consistent with the community's goals and that issues are identified early in the development process. Topics to be discussed will include: (1) The applicant's goals for the property; (2) The Town's visions and expectations; (3) The character and quality of development the Town is seeking; (4) Town regulations and standards; (5) The application and review process; (6) Submittal requirements; and (7) Schedule. (b) An application for a sketch plan shall be accompanied by the following information: (1) A land use application form. (2) The applicable fee as established by the Board of Trustees. (3) General development information. (4) Images (such as photographs, sketches and/or plans) which illustrate the project intention. (5) Copies of the sketch plan and associated submittal materials in a format and quantity as specified by Town Staff. (c) The sketch plan shall address the following: (1) Context/vicinity map, which shows the proposed development in relation to the surrounding area. (2) Base map, which shows the site features (such as topography, watercourses, wetland delineation, floodplain mapping, soils and/or geological conditions). (3) North arrow, scale and date of preparation. (4) Boundary of the proposed project. (5) Existing and proposed zoning on and around the property. (6) Approximate location, dimension and area of all proposed lots. 33 (7) Existing and proposed streets. (8) Topography, including all slopes over thirty percent (30%) and grading. (9) Base flood elevations and floodways. (1 0) Approximate building shape and location. (11) Existing and proposed land and building uses for the properties. (12) Parking, loading, service areas and snow storage areas. (13) Existing water and sewer lines and stormwater drainage systems and proposed connections. (14) Conceptual landscape plan. (15) Approximate location, dimensions and area of all parcels of land proposed to be set aside for open space/trail networks, parks and schools. (16) Acreage of property. (17) Proposed number of residential dwelling units and commercial square footage. (18) Land use table. The table shall include: land uses, approximate acreage of each land use and percentage of each land use, total acreage and square footage of property, total numbers of lots and maximum number of each type of dwelling unit proposed. (19) Relevant site characteristics and environmental analyses applicable to the proposed subdivision concerning watercourses, wetland delineation, floodplain mapping, and soils and/or geological conditions presenting hazards or requiring special permits. (d) Within thirty (30) days of submittal, the Town staff shall provide preliminary comments to the applicant regarding the proposed development. The applicant may opt to present the sketch plan to the Planning Commission for preliminary feedback. (Ord. 322 § 12-4-2, 2006) -- (a) General. An approved preliminary plat shall be required for all major subdivisions within the Town prior to approval of a final plat. (b) An application for a preliminary plat shall be accompanied by the following: (1) A land use application form. (2) The applicable fee as established by the Board of Trustees. (3) A title commitment (two [2] copies) must be current and dated no more than thirty (30) days from the date of application submittal. (4) Proposed water and sewer service facilities and the stormwater drainage and management systems, and proposed connection with existing systems. (5) Proposed access if the property does not have direct contiguous access to a public 34 street. (6) If any liens will exist upon the subdivided property at the time of plat approval, the lien holders shall join in the execution of the declaration and final plat. (7) Preliminary environmental studies (wetland delineation, floodplain mapping, construction feasibility, etc) (8) A preliminary geotechnical report. Refer to Refer to Chapter 14 of the Municipal Code - (9) A preliminary drainage report. Refer to Article 7 of this Article and Refer to Chapter 14 of the Municipal Code - (10) A preliminary grading plan. Please refer to Refer to Chapter 14 of the Municipal Code - (11) An erosion and sediment control and revegetation plan. Refer to Refer to Chapter 14 of the Municipal Code - (12) A Traffic Impact Analysis (TIA) and/or Traffic Impact Study (TIS) may be required by the Town. Refer to Refer to Chapter 14 of the Municipal Code - (13) General development information. Provide a written description addressing how the proposed development conforms to the Municipal Code (including development and design standards, zoning regulations and the subdivision regulations) and Comprehensive Plan: a. The applicant's goals and vision for the project. b. How the proposed subdivision will be connected to and integrated with the surrounding natural and developed areas. c. How the project will impact neighboring properties (i.e., water drainage, traffic trails circulation, , environmental impacts and view corridors). d. How the design is cost-effective and environmentally responsive to site features and constraints and how potential impacts to natural systems will be mitigated. e. How the proposal promotes the efficient use of land and public streets, utilities and governmental services. (14) Images (such as photographs, sketches and/or plans) which illustrate the project intention. For example, the applicant might bring pictures of: a. Important architectural elements and styles. 35 b. Ideas for landscaping features, such as Xeriscape. c. Streetscape components which contribute to the project's character. d. Examples of signs that promote the development's identity. Photographs of the site. e. Anything else that illustrates what the applicant is trying to create. f. (15) Any other reports and information deemed necessary by the Town. (16) Copies of the preliminary plat and associated submittal materials in a format and quantity as specified by Town staff. (a) The preliminary plat shall contain the following information and shall conform to the same plat specifications as those required for a minor subdivision final plat, as set forth in Article 4 of this Chapter, and the following title change needs to be incorporated: Title: Major Subdivision Preliminary Plat Subdivision Name Prior Reception Numbers Legal Description Town of Fraser, Grand County, Colorado 17-5-40. Preliminary plat; additional requirements for condominiums, and Sec. townhomes and apartments. In addition to the requirements mentioned above, any plat of a condominium and townhome and/or apartment development shall also contain the following: (1) The final plat shall include a note as follows: "Approval and recordation of the as-built plat allows the sales of the subdivision to proceed." (Not applicable for apartments.) (2) Identify each building and each of the units by letter or number. (3) Designate the maximum number of bedrooms in each unit. Designate density peracre. (4) (5) Identify common open space, if applicable. (6) Square footage of land occupied by buildings and percentage to entire acreage. (7) Square footage of parking and driveways and percentage to entire acreage. Square footage of openspace and percentage to entire acreage. (8) (9) The words and blanks: "Condominium/ Townhome Declarations recorded at Reception No. 36 , Grand County Records." (Not applicable for apartments.) 17-5-50. Preliminary plat review procedure. Sec. (a) All required submittal materials shall be filed with the Town Planner at least forty-five (45) days prior to the Planning Commission meeting at which the applicant desires to submit the plat for the Planning Commission's consideration. (b) Within fourteen (14) days of filing, the Town Planner shall review the application to determine if it is complete and shall notify the applicant of any deficiencies. No application shall be scheduled for a meeting until a complete application has been filed with the Town Planner. (c) Upon receipt of a complete application, a public hearing shall be scheduled at the next available Planning Commission meeting for consideration of the application. The applicant shall meet with the Town Planner to coordinate referral agency mailings. Staff comments and recommendations shall be forwarded to the applicant at least five (5) days prior to the public hearing date. (d) Thirty (30) days prior to the scheduled public hearing, the applicant shall refer the preliminary plat application to the following departments and agencies for their comments, unless the Town Planner finds that the application is not related to the issues addressed by a particular entity listed. The applicant shall be required to provide one (1) reduced plat copy (11" x 17"), unless otherwise noted below, of the preliminary plat application and a letter advising the agency when the public hearing has been scheduled, including a statement that all written comments about the proposed development must be received by the Planning Department fourteen (14) days prior to the scheduled public hearing date (see Planning Department for sample letter and address labels). The applicant shall provide the Town with a written affidavit prior to the time of the public hearing reflecting the date of mailings and the agencies and addresses of all parties to whom the preliminary plat application was transmitted, together with a complete copy of the materials included in the packet. Failure to properly mail the proposed application and/or provide the required affidavit shall be grounds for denial of the preliminary plat or for a continuance of the public hearing. The water provider (24" x 36" plat). The wastewater provider (24" x 36"plat). The fire protection provider (24" x 36" plat). The police department. The gas provider. The telephone provider. The cable television provider. The electric provider. The school district. The Colorado Division of Wildlife (CDOW), if the proposed development is located within a 37 wildlife migration route as determined by CDOW. The County Planning Department, if the proposed development is located within an urban growth boundary. The U.S. Army Corps of Engineers, if wetlands may be an issue. The Colorado Department of Transportation, if U.S. 40 access is contemplated. The Colorado Water Conservation Board, if the proposed development contains at least fifty (50) lots or five (5) acres (whichever is less) and base flood elevation data is required. The United States Forest Service, if development abuts national forest land. Any other department and/or agency as deemed necessary by the Town (see Planning Department for sample letter and address labels). (e) In accordance with Section 31-23-225, C.R.S., when a subdivision, commercial or industrial activity is proposed which will cover five (5) or more acres of land, the following entities shall also be notified: (1) The State Geologist. (2) The Board of County Commissioners. (f) The applicant shall provide notice of the public hearing in the manner specified in Subsections 17-3-20(d) and (e) of this Chapter. The Town staff shall cause notice of such public hearing to be published in the manner specified in Subsection 17-3-20(0 of this Chapter. (g) No plat shall be submitted to the Planning Commission until the foregoing notice and review requirements have been completed and/or satisfied. The Planning Commission shall consider the application at a public hearing and either recommend approval or approval with conditions or deny the application within thirty (30) days after the commencement of such hearing. Failure by the Planning Commission to act on the plat within said thirty-day period shall constitute approval of the application; provided, however, that the applicant or his or her authorized representative may waive this requirement and consent to an extension of such period for the Planning Commission's determination if necessary to allow the applicant to make revisions or provide additional information before the Planning Commission takes final action. Any conditions of approval or reasons for denial shall be stated in the minutes. (h) The Planning Commission may, at its discretion, require that the preliminary plat be reviewed by the Board of Trustees; provided, however, that any plat which is approved due to the Planning Commission's failure to take action within thirty (30) days after submission shall automatically be reviewed by the Board of Trustees. The Board of Trustees shall review the preliminary plat within thirty (30) days from the Planning Commission's action. The Board of Trustees may approve, approve with conditions or deny the preliminary plat application. (i) A preliminary plat shall be effective for a period of one (1) year from the date of Planning Commission action. At the end of the one-year period, the applicant must have submitted a final plat for approval. The applicant may request an extension by submitting a written request to the Planning Commission. The Planning Commission shall be authorized to extend the approval for a period of up to one hundred eighty (180) days. 38 (j) Preliminary plat approval shall constitute authorization to proceed with an application for final plat approval in accordance with the representations made by the applicant and conditions imposed on the proposed subdivision. Approval of a preliminary plat shall not constitute final approval of the subdivision or permission for development to occur. (k) At any time after preliminary plat approval and before submission of a final plat, the applicant may request an amendment to the preliminary plat. If the amendment is determined by Town staff to be substantially consistent with the approved preliminary plat, the applicant may proceed to final plat application. Substantial deviation from the approved preliminary plat may require a new preliminary plat application and review process at the discretion of the Town staff. (Ord. 322 § 12-4-5, 2006) Sec. 17-5-60. Final plat. (a) General. An approved final plat shall be required for all major subdivisions within the Town. No subdivision shall be approved until such data, surveys, analyses, studies, plans and designs as may be required by these regulations and by the Planning Commission and/or the Board of Trustees have been submitted, reviewed and found to meet all sound planning and engineering requirements of the Town. The final plat must be submitted within one (1) year from the date of Planning Commission action, unless the preliminary plat expiration date had been extended by the Planning Commission. Approval and recording of the final plat allows the sales of a subdivision to proceed; except in the case of a subdivision of condominiums and/or townhomes, where approval of an as-built plat allows the sales of a subdivision to proceed. (b) An application for a final plat shall be accompanied by the following information: (1) A land use application form. The application fee as established by the Board of Trustees. (2) (3) A title commitment (two [2] copies) must be current and dated no more than thirty (30) days from the date of application submittal. (4) Written proof of water and sewer service, the location of any proposed connection with existing systems and engineering drawings (if applicable). (5) Letters of support and commitment to serve. Letters to serve signed by a representative of each utility provider for the electric, gas, cable television and telephone companies, etc. (6) Refer to Chapter 14 of the Municipal Code - Engineering drawings of streets. Refer to The Town of Fraser Street and Roadway the Minimum Design Criteria and Construction Standards set forth infor the drawing requirements, minimum design and technical criteria for the construction of roads, trails, sidewalksThe , bridges, drainage utilities and associated infrastructure within the Town. engineering drawings shall be prepared by a Professional Engineer, licensed in the State of Colorado . (7) Written proof of legal access if the property does not have direct contiguous access to a public and/or private street. (8) Draft subdivision improvements agreement. 39 (9) Two (2) copies of the proposed restrictive covenants, condominium or townhome declaration, a conveyance to the association for common elements, if applicable. Proof of filing the articles of incorporation and the executed originals of such documents shall be submitted prior to recording the plat. (10) If any liens will exist upon the subdivided property at the time of plat approval and/or execution of the plat, the lienholders shall join in the execution of the declaration and plat. (11) Final environmental studies (wetland delineation, floodplain mapping, geotechnical report, construction feasibility, etc.). (12) A final drainage report shall be prepared by a Professional Engineer, licensed by the State of Colorado registered engineer according to generally accepted storm drainage practices and the Town policies. Refer to Article 7 of this Article and Chapter 14 of the Municipal Code for The Town of Fraser (13) A final grading plan which illustrates the extent and limits of the land disturbance which is to occur on the proposed development. The grading plan shall illustrate existing site features and estimated amounts of cut-and-fill, and shall depict existing and proposed contours, using a contour interval of one (1) foot. Refer to Chapter 14 of the Municipal Code - Minimum Design Criteria and Construction Standards. (14) A final erosion and sediment control and revegetation plan. Refer to Chapter 14 of the Municipal Code - (15) A landscaping plan/revegetation plan. Refer to Article 7 of this Article. (16) A Traffic Impact Analysis (TIA) and/or Traffic Impact Study (TIS) may be required by the Town. Refer to Refer to Chapter 14 of the Municipal Code - (16) General development information. Provide a written description addressing how the proposed development conforms to the Municipal Code (including development and design standards, zoning regulations and the subdivision regulations) and Comprehensive Plan. (17) plan. Exterior lighting scheme including parking lot lighting, mounting height, type of Refer to poles, light source intensity, building lighting and sign illumination, if applicable. Article 7 of this Article. (18) Estimated time schedule for development. (19) Any other special reports and/or information deemed necessary by the Town. (20) Copies of the final plat and associated submittal materials in a format and quantity as specified by Town staff. 40 (c) The final plat shall contain the following information and shall conform to the same plat specifications as those required for a minor subdivision final plat in Article 4 of this Chapter, except that the following title change needs to be incorporated: Title: Major Subdivision Final Plat Subdivision Name Prior Reception Numbers Legal Description Town of Fraser, Grand County, Colorado 17-5-70. Final plat; additional requirements for condominiums and Sec. townhomes and apartments. In addition to the requirements mentioned above, any final plat of a condominium, and townhome and/or apartment development shall also contain the following: (1) The final plat shall include a note as follows: "Approval and recordation of the as-built plat allows the sales of the subdivision to proceed." (Not applicable for apartments.) (2) Identify each building, and each of the units by letter or number. Designate the maximum number of bedrooms in each unit. (3) Designate density per acre. (4) (5) Identify common open space, if applicable. (5) Square footage of land occupied by buildings and percentage to entire acreage. Squarefootage of parking and driveways and percentage to entire acreage. (6) (7) Square footage of open space and percentageto entire acreage. (8) The words and blanks: "Condominium/ Townhome Declarations recorded at Reception No. , Grand County Records" (not applicable for apartments). (Ord. 322 § 12-4-7, 2006) Sec. 17-5-80. Final plat review procedure. (a) All required submittal materials shall be filed with the Town Planner at least forty-five (45) days prior to the Planning Commission meeting at which the applicant desires to submit the plat for the Planning Commission's consideration. (b) Within fourteen (14) days of filing, the Town Planner shall review the application to determine if it is complete and shall notify the applicant of any deficiencies. No application shall be submitted to the Planning Commission or scheduled for a meeting until a complete application has been filed with the Town Planner. 41 (c) Upon receipt of a complete application, a public hearing shall be scheduled at the next available Planning Commission meeting for consideration of the application. Staff comments and recommendations shall be forwarded to the applicant at least five (5) days prior to the public hearing date. (d) The Town Planner shall transmit copies of the final plat application to those departments and agencies to which distribution of the preliminary plat was made, if additional comment is deemed necessary due to the greater detail being provided or substantial modifications to the development proposal. Each referral department or agency shall be notified of the date of the public hearing. The applicant shall be required to provide one (1) copy of the final plat application for each entity. The mailing cost shall be paid by the applicant. The Town Planner shall instruct each of the departments and agencies that all comments must be submitted to the Planning Department fourteen (14) days prior to the scheduled public hearing date, or the final plat application, as proposed by the applicant, shall be deemed to have been approved by the referral department or agency. (e) At least fourteen (14) days in advance of the public hearing, the applicant shall be responsible for giving notice to all surface owners, mineral owners and lessees of mineral owners to whom notice is to be sent pursuant to Section 31-23-215, C.R.S. (f) The Town staff shall publish notice of the public hearing in the official newspaper of record for the Town at least fourteen (14) days in advance of the public hearing. Proof of publication shall be supplied at the public hearing. All publication expenses shall be paid by the applicant. (g) No plat shall be deemed to have been submitted to the Planning Commission until the foregoing notice and review requirements have been completed and/or satisfied and a public hearing for consideration of the plat has been duly convened by the Planning Commission. At such public hearing, the Planning Commission shall consider the application and either approve, approve with conditions or deny the application within thirty (30) days after the commencement of such hearing. Failure by the Planning Commission to act on the plat within said thirty-day period shall constitute approval of the application; provided, however, that the applicant or his or her authorized representative may waive this requirement and consent to an extension of such period for the Planning Commission's determination if necessary to allow the applicant to make revisions or provide additional information before the Planning Commission takes final action. Any conditions of approval or reasons for denial shall be stated in the minutes. Written notice stating these conditions of approval or reasons for denial shall be sent to the applicant and the Board of Trustees. (h) Within thirty (30) days from the Planning Commission's recommendation for approval or approval with conditions, the Board of Trustees shall review the application and either approve, approve with conditions or deny the application. Upon the Board of Trustees' approval, the plat shall be recorded by the Town staff in the office of the County Clerk and Recorder. (i) Prior to execution of the final plat, the applicant shall provide the Town with the following: (1) Proof of filing the applicable articles of incorporation with the Secretary of State and the executed originals of all legal documents. (2) Final executed subdivision improvements agreement, required exhibits and the required collateral pursuant to Article 6 of this Chapter. 42 (3) Final plat Mylar. (4) A black line Mylar for the purpose of incorporating the data into a 911 emergency system. The Mylar shall be fourteen (14) inches by eighteen (18) inches and shall contain the name of the subdivision, the section(s), township(s) and range(s) in which the subdivision is located, all street names, lot numbers, street addressing numbers, unit numbers (if applicable) and a range of street addressing numbers for each street. The information contained on the fourteen- inch-by-eighteen inch Mylar shall also be submitted in AutoCAD.dwg or AutoCAD.dxf format as specified below. (1) (5) Prior to recording the final plat, electronic media shall be provided in AutoCAD.dwg or AutoCAD.dxf format, which contains the physical features of the development. The drawing shall be referenced to a known coordinate system. A Projection (PRJ) file should be submitted. If not, include a text file with all the parameters describing the datum, projection and coordinate system used for the project. If the survey is not produced using GPS, then the Geographic Control Data Base should be used to obtain PLSS data in NAD 83 datum. The GCDB is available from the BLM at www.BLM.gov/GCDB. The drawing shall include either a data dictionary to explain the layers, or a self-explanatory layering system. 5) A digital file of the approved final plat. This digital file will be (Ord. 322 § 12-4-8, 2006) used for updating and maintaining information in the Department. Sec. 17-5-90. As-built plat. (a) After the final plat has been approved and prior to the transfer of property, the applicant of a condominium and/or townhome development is required to have an as-built plat approved by the Town. As as-built plat is an amended final plat that shows exact locations of all public and private improvements on a development site. For condominiums, as-built plats shall also include horizontal and vertical layouts of the airspaces. (b) The as-built plat shall contain the same information as the approved final plat with the following changes: (1) Title: As-Built Plat Major Subdivision - Final Plat Amendment Subdivision Name Legal Description Prior Reception Numbers Town of Fraser, Grand County, Colorado (2) For condominiums, as-built plats shall also include horizontal and vertical layouts of the air spaces. The second and remaining sheets shall contain: a. Sufficient plan and section drawings to completely define the positions of those various volumetric spaces within the inside walls and roofs which are referred to in the condominium 43 declarations. The numerical designation of the individual parcels (volumetric or plane) which will be b. specifically referred to in deeds to the owners of the spaces or areas. (c) Prior to the execution of the as-built plat, the applicant shall provide the Town with the following: (1) As-built plat Mylar. (2) A black line Mylar for the purpose of incorporating the data into a 911 emergency system. The Mylar shall be fourteen (14) inches by eighteen (18) inches and shall contain the name of the subdivision, the section(s), township(s) and range(s) in which the subdivision is located, all street names, lot numbers, street addressing numbers, unit numbers (if applicable) and a range of street addressing numbers for each street. The information contained on the fourteen-inch-by-eighteen inch Mylar shall also be submitted in AutoCAD.dwg or AutoCAD.dxf format as specified below. (5) Prior to recording the final plat, electronic media shall be provided in AutoCAD.dwg or AutoCAD.dxf format, which contains the physical features of the development. The drawing shall be referenced to a known coordinate system. A Projection (PRJ) file should be submitted. If not, include a text file with all the parameters describing the datum, projection and coordinate system used for the project. If the survey is not produced using GPS, then the Geographic Control Data Base should be used to obtain PLSS data in NAD 83 datum. The GCDB is available from the BLM at www.BLM.gov/GCDB. The drawing shall include either a data dictionary to explain the layers, or a self-explanatory layering system. (Ord. 322 § 12-4-9, 2006) 3) A digital file of the approved as-built plat. This digital file will be used for updating quirements (3) Sec. 17-5-100. As-built plat review procedure. (a) After the final plat has been approved and prior to the transfer or occupancy of property, the applicant shall submit four (4) folded copies of the as-built plat and the applicable fee to the Town Planner. The Town staff shall review the plat and check the development site within fourteen (14) days of submission. If the Town staff is satisfied that all of the requirements of these regulations have been met, the as-built plat shall be recorded by the Town staff in the office of the County Clerk and Recorder. (b) Should the Town staff determine that substantial differences exist between the final plat and the as-built plat to warrant review by the Planning Commission, the Town Planner shall schedule a public hearing and the same procedure as specified for final plat review in Section 17-5-80 above shall be adhered to. (c) No approvals for certificates of occupancy will be given until after the as-built plat has been approved and recorded in the office of the County Clerk and Recorder. Approval and recording of the as-built plat allows the sales of the subdivision to proceed. Section 17-5-110. Phased Development Review Process. (a) The applicant may request approval of a final plat phasing plan for a tract of land. The final plat phasing plan should include the date by which the applicant needs to record final plats for the entire tract, the dates by which 44 infrastructure will be extended to the boundaries of the entire tract, and the approximate number of the proposed final plats and the general location of each phase. A Subdivision Improvement Agreement (SIA) shall be required prior to the recordation of each final plat. The SIA required improvements and collateral associated with those improvements shall be subject to Town Engineer and Attorney approval prior to execution and the schedule for completion of said improvements shall be within one (1) year of execution of the SIA. Any final plat not executed and recorded within five (5) years of approval of the final plat shall expire unless an extension is approved by the Town Board. (b) The process for a Phased Development Review Process is the same as the process for a minor or major subdivision depending on the number of phases. (c) The Planning Commission and Board of Trustees can approve the final plat phasing plan if they find that the approval will not impede the orderly growth of public services and infrastructure necessary to efficiently serve the tract. (d) The Town may condition a phasing plan on the submission of an agreement to dedicate easements or rights-of-way. ARTICLE 6 Assurance for Completion and Maintenance of Improvements Sec. 17-6-10. Subdivision and Development Improvement Agreement. (a) Purpose. The applicant shall be required to complete all public and private required improvements as specified in these regulations and as provided on the final plat and all supplemental plans and documents, including construction drawings and specifications, approved by the Town (the "Final Plat Documents"). As a condition of approval of any plat or development permit, the applicant and the Town shall agree on the type, location and extent of all required improvements, depending on the characteristics of the proposed development and its relationship to the surrounding area. Failure to reach agreement on all such matters shall be grounds for denying approval of the final plat or permit. All required improvements shall be constructed at the applicant's expense, in accordance according to the specifications of the with the Town of Fraser Minimum Design Criteria and Construction Standards. with Town Chapter 14 of the Municipal Code - (b) Agreement required. The Subdivision Improvement Agreement (SIA) or Development Improvement Agreement (DIA) is a written contract between the Town and the applicant providing for construction of the required improvements, with collateral security to guarantee completion of such improvements as provided in these regulations. No subdivision plat shall be signed by the Town or recorded in the office of the Grand County Clerk and Recorder and no building permit shall be issued for any subdivision or development with required improvements, 45 until an agreement between the Town and the applicant has been executed. Such agreement on-site and off-site shall include a description of required improvements,an estimate of the cost of such improvements, the form of guarantee for the improvements and any other provisions or conditions deemed necessary by the Board of Trustees to ensure that all improvements will be completed in a timely, quality and cost-effective manner. The agreement shall be recorded in the office of the Grand County Clerk and Recorder and shall run with the land and bind all successors, heirs and assignees of the applicant. Other agreements or contracts setting forth the plan, method and parties responsible for the construction of any required improvements may also be required. (c) Costs of improvements. All required improvements shall be constructed by the applicant, at his or her expense, without reimbursement by the Town provided that the Board of Trustees may, upon application and at its direction, approve the creation of a special district or improvement district under state law to construct and/or finance the construction of required improvements. If the applicant does form or cause to be formed a special district or improvement district for the purposes identified in this Subsection, the Town shall not release the applicant from his or her obligations under any subdivision improvements agreement. nor shall the Town release any collateral until the special district has sold bonds or otherwise certifies to the Town that it has an absolute right to raise revenues sufficient to construct, maintain and warrant the quality of the required improvements. SecurityPerformance Guarantee (d) Collateral / required. (1) Suitable collateral to ensure the completion of required improvements, as stipulated in the subdivision improvement agreement, shall accompany the final plat submission. The collateral shall be no less than one hundred twenty-five percent (125%) of the estimated costs of all subdivision improvements. The collateral shall be in the form of a letter of credit, cash deposit or other such legal assurance as may be deemed appropriate by the Town and After Preliminary Acceptance, and with approval approved by the Town Attorney Board. of the Board of Trustess, the Performance Guarantee may be reduced to an amount not less than twenty percent (20%) of the initial Performance Guarantee to guarantee performance during the warranty period. A corporate surety warranty bond in that amount may be substituted as the Peformance Guarantee for the warranty period, provided that the applicant also provides a cash deposit in the amount of $5000.00 or 10% of the amount of the warranty bond, whichever is greater, as additional security to the Town. (2) No collateral drawn upon a company, bank or financial institution having any relationship to the applicant or any principal, director, officer or shareholder of the applicant (other than the relationship of depositor or checking account holder) shall be acceptable. The Town may reject any security for any reason. (3) If collateral is provided in the form of a letter of credit or deposit arrangement that includes an expiration date, the applicant shall provide evidence of extension of such expiration or replacement of equivalent collateral in a form acceptable to the Town. Failure thirty to provide proof of such extension or replacement collateral no later than fourteen (14) (30) Manager, or his or her days prior to the date of expiration shall be cause for the Town designee, without the necessity of any notice of default or to draw on the collateral funds other notice to the applicant. Performance Guarantee. Funds withdrawn in this manner by the Town may be expended as necessary to correct, repair and/or construct the required improvements or may be released upon provision of replacement collateral in a format acceptable to the Town. 46 Types of improvements. An improvement agreement shall address the following (e) types of improvements Required improvements. The following improvements shall be Town: required unless waived by the Board of Trustees: (1) Publicstreets and roadway systems and associated lighting, signage, striping and other devices, valley pans Roads, streets, bridges and structures, curbs, gutters, and street drainage.sidewalks and trails. (2) Potable water production, treatment and distribution systems. (3) Sanitary sewer collection system. (2) Public utilities and services. Water, firehydrants, sewer. drainage.Stormwater detention and water quality facilities, (3) Public and private drainage ditches, flood prevention and flood mitigation improvements. Storm sewers and/or storm drainage systems. (5) Utility collection and distribution systems for public parks and open space. striping, Acquisition, construction and installation of traffic signs, street name signs. signals, lights and lighting. name (7) Acquisition, construction and installation of street signs at all intersections and along roadways. (8) Street lights. (9) Permanent reference monuments and monument boxes. (10) Underground telephone, electric and gas lines. (11) Landscaping. (5) Public pedestrian facilities. Sidewalks, trails and associated lighting. (12) Erosion control devices. (6) Public and private revegetation, erosion control devices and landscaping. (7) Public recreation facilities. open space, parks and recreation areas. (15) Systems and/or facilities for the transportation of people. (16) Acquisition, construction, improvement and equipping of temporary and permanent school buildings, fire stations, police stations, public works facilities, open space and park and recreation areas. (17) Acquisition of any and all property, easements and rights-of-way which may be required to carry out the purposes of the project. (18) Underdrains. 47 (19) Necessary floodway improvements. and/or waterway (20) Necessary irrigation ditch improvements. Additional private improvements may be included in an improvement (8) Any other agreement at the discretion of the Town if said improvements are necessary for efficient and orderly development and where the community may be negatively impacted if the improvement is not completed in a timely manner. improvements deemed necessary by the Board of Trustees. The time allowed for the completion of required (f) Time for completion. improvements shall be as provided in the SIA; or if no time for completion is specified in the SIA for some or all required improvements, such improvements shall be completed within two (2) years from the recording date of the final plat or issuance of the development permit, whichever is applicable. The Board of Trustees may extend such time for completion upon request from the applicant, for good cause shown. (g) Construction standards and Progress Inspections. The required improvements shall be constructed in a good and workmanlike manner, strictly in accordance with the Final Plat Documents and, to the extent not otherwise provided in such Final Plat Documents, in design accordance with all applicable laws, ordinances, codes, regulations and minimum criteria and construction standards applicable in the Town. There shall be no changes made in the approved Final Plat Documents, including construction drawings and specifications, prior without the written approval of the Town. Periodic inspections may be made by the Town staff or designated consultants during the progress of the work to confirm that the required The applicant improvements are being constructed in compliance with such requirements. shall pay for these periodic inspections if said inspections are conducted by someone other than Town employees. Such inspections may be conducted in a manner, in such areas and at such times, whether scheduled or unannounced, as deemed appropriate by the Town staff or consultants. Such inspections shall not relieve the applicant of the responsibility for ensuring that the required improvements are constructed in accordance with the standards set forth herein, nor shall it relieve the applicant of the applicant's warranty obligations as provided in these regulations. The applicantshall maintain, in a reasonable, suitable and proper condition for travel, ingress and egress, all streets located within the subdivision until such time as the or until any such private streets streets are accepted for maintenance by the Town, if ever. are accepted for maintenance by the homeowners association or other responsible person or entity approved by the Town. Construction Phasing. (h) Phased Inspections and Acceptance of Improvements. Inspection and preliminary acceptance of a portion of the required improvements in one (1) or more phases of construction shall occur only if specifically provided for in the subdivision improvement agreement, or as determined appropriate by Town staff, at its discretion. Otherwise, all required improvements shall be completed before preliminary acceptance will be granted. Any proposed phasing must be logically related to the project as a whole and allow for the efficient integration of the phased required improvements into the Town's infrastructure. Town staff may require adjustments in previously approved phasing schedules when deemed necessary to accommodate changed conditions or unforeseen circumstances. Notice and Documentation (i) Preliminary Acceptance: . 48 (1) Upon completion of all required improvements or an approved phase of required Fraser in writing and request an inspection of the improvements, the applicant shall notify completed Improvements. Prior to the inspection, the applicant Town staff that the improvements are ready for preliminary acceptance and shall provide to the Town three (3) one (1) paper copy and one (1) electronic copy in PDF format complete sets of the following documentation: licensed in the State of Colorado, a. Adequate assurance by a registered engineer, that the required improvements have been constructed and completed in accordance with the approved plans and specifications; in accordance with applicable b. "As-built" drawings for the required improvements, Town construction standards; c. All test reports and logs required by the plans and construction drawings and and construction standards applicable regulations ; and original d. An affidavit or affidavits identifying all contractors, subcontractors and materialmen who supplied labor or materials for the improvements and verifying that all have been fully paid, together with a lien waiver from each such contractor, subcontractor for all work and material supplier acknowledging payment and waiver of any lien rights completed prior to the date inspection and preliminary acceptance is requested, subject to any retainage withheld from the contractor or supplier during the warranty period pending final acceptance. (2) If any required improvements that are designed or intended to be public improvements have not previously been dedicated on the final plat of the subdivision, such improvements shall be conveyed to the Town, or other appropriate entity, by general warranty deed (if real estate) or by bill of sale with full warranty of title (if personal property), free and clear of all liens, encumbrances and restrictions. If such improvements include real estate not dedicated on the final plat, the applicant shall provide a policy of title insurance, in an amount approved by the Town, demonstrating to the satisfaction of the Town Attorney that the Town or other entity is or will be the owner of such improvements free and clear of any and all liens, encumbrances and restrictions. 2Inspection and Preliminary Acceptance. se () Upon satisfaction of the requirements referred to in Paragraphs (1) and (2) above, and subject to satisfaction of any additional requirements provided for in these regulations or the subdivision improvement agreement, completed the Town staff or designated consultant(s) shall inspect the required ten (10) business days of the applicant improvements and shall, within thirty (30) days taff or designated consultant(s) finds that the specified improvements have been completed substantially in accordance with the Plans and other requirements of the SIA and the Subdivision Regulations, the Town staff shall issue a letter evidencing Preliminary Acceptance within ten (10) business days after the inspection date. following the inspection, notify the applicant in writing of nonacceptance or preliminary acceptance of the required improvements. If the required improvements are not accepted, the reasons for nonacceptance shall be stated. The Town shall not be required to make inspections during any period when climatic conditions interfere with making a thorough inspection, as determined by the Town representative making the inspection. 49 If, upon inspection of the completed improvements, the Town staff or designated consultant(s) finds that any of the improvements have not been completed substantially in accordance with the Plans and other requirements of the SIA and the Subdivision Regulations, the Town staff or designated consultant(s) shall issue a written within ten (10) business days after the inspection Notice of Deficiencies specifying which Improvements have not been completed substantially in accordance with the Plans and other requirements of the SIA and the Subdivision Regulations. All deficiencies must be corrected within ten (10) business days of the receipt of the Notice of Deficiencies. Such ten (10) business day time limit may be extended by the Town if the Town determines that such deficiencies cannot reasonably be remedied within such thirty-day ten (10) business day period.The Subdivider shall then notify Fraser in writing and request a follow-up inspection of the improvements and the foregoing provisions of this Subsection (2) shall be applicable. (3) Preliminary acceptance of all or any portion of the required improvements does not constitute a waiver by the Town of the right to draw on the collateral security to remedy any defect in or failure of the required improvements that is detected or which occurs after acceptance of the required improvements, nor shall such acceptance operate to release the the operation (4) Upon preliminary acceptance, the Town will assume responsibility for of all public water, sanitary sewer and storm water improvements, if applicable, and for snow removal on accepted public streets. but the applicant shall remain responsible for all other maintenance and repairspending final acceptance; At the Town's discretion, it may public elect not to plow any accepted street(s) until there is development on individual lots that warrant access. (j) Final acceptance. Final acceptance of the required improvements by the Town requires formal action by the Board of Trustees, after all required improvements have been completed, inspected and certified for final acceptance by Town staff. The Town shall not be required to finally accept any of the required improvements until the Board of Trustees determines that: (1) All required improvements have been satisfactorily completed in accordance with the approved plans and specifications for the required improvements and have been preliminarily accepted by the Town; (2) All warranty periods provided in these regulations and the subdivision improvements agreement have ended and any defects found upon inspection of the required improvements have been satisfactorily remedied by the applicant; and (3) All other applicable requirements contained in these regulations, the Town's design and construction standards and the subdivision improvements agreement have been satisfied. j () Warranty. Warranty (1) . The applicant shall warrant that all required improvements shall remain construction free from defects for a period of one (1) year from the date that the Town preliminarily accepts the improvements as provided in these regulations and the subdivision construction improvement agreement. During such one (1) year period, any defect determined to exist with respect to such required improvements shall be repaired or the 50 improvements replaced, at the Town's option, at the sole cost of the applicant. The Town shall have no maintenance or repair obligations with respect to the required improvements, except for snowplowing and operation of water system and sanitary sewer system improvements, if applicable, until all such required improvements have been finally accepted by the Town in accordance with these regulations and the subdivision improvements agreement. Notice of Default: Cure Period.Except as provided in Subsection (j) (3) with (2) respect to emergency repairs, If, during such warranty period, the Town determines that any required improvement is defective for any reason, the Town shall provide written notice if an inspection reveals that any improvement is defective. to the applicant requiring the correction of the defect, except that, in case of an emergency, the Town may undertake corrective action without notice and bill the applicant for the costs thereby incurred. The ten (10) business applicant shall have thirty (30) days from the giving of such notice to ten (10) business day remedy the defect. Such thirty-day time limit may be extended by the Town if the Town determines that such defect cannot reasonably be remedied within such ten (10) business day thirty-day period. In the event the applicant fails to remedy the defect ten (10) business day within the thirty-day period, or any extension thereof granted by the Town, the Town may utilize the collateral security to correct the defect or exercise any other No notice shall be required remedy provided in the subdivision improvement agreement. with respect to emergency repairs except as provided in Subsection (j) (3). (3) At the end of the warranty period and upon final acceptance of the required improvements, the Town will assume future maintenance and repair responsibilities with respect to the accepted public improvements. (3) Emergency Repairs. If at any time it appears that the improvements may be significantly damaged or destroyed as a result of a bona fide emergency, an act of god, or due to construction failure, the Town shall have the right, but not the duty, to enter upon the Property and perform such repairs and take such other action as may nt to protect and preserve the improvements. The Town shall have no duty to inspect the Property to identify emergency situations which may arise. Prior to or concurrent with, or immediately following taking any action pursuant to emergency repairs, the Town shall make a reasonable effort to locate the Applicant and advise him or her of the existence and nature of the emergency. Upon written demand, the Applicant shall reimburse the Town for the costs of such emergency repairs. Failure of the Applicant to reimburse the Town for the costs of such emergency repairs within fifteen (15) days after demand shall constitute a default under the Subdivision Improvement Agreement. (4) Final Inspection. Approximately sixty (60) days prior to the expiration of the warranty period, Fraser shall notify the Applicant in writing and schedule a final inspection/walk through. Town Approval. (k) Final Acceptance/ Final acceptance of the required improvements by the Town requires formal action by the Board of Trustees, after all required improvements have Final release of been completed, inspected and certified for final acceptance by Town staff. the Performance Guarantee requires additional formal action by the Fraser Board of Trustees. The Town shall not be required to finally accept any of the required improvements until the Board of Trustees determines that: 51 (1) All required improvements have been satisfactorily completed in accordance with the approved plans and specifications for the required improvements and have been preliminarily accepted by the Town; (2) All warranty periods provided for in these regulations and the SIA have ended and any defects found during inspection of the required improvements have been satisfactorily remedied by the applicant; -bu improvements, in accordance with applicable Town construction standards; (4) The applicant has provided and the Town has reviewed and approved any and all conveyance documents required pursuant to these regulations and the subdivision improvement agreement; (5) The applicant has provided a final cost summary of the improvements; (6) The applicant has provided any additional test reports and logs from warranty work; (7) The applicant has provided an original affidavit or affidavits identifying all contractors, subcontractors and materialmen who supplied labor or materials for the Improvements and verifying that all have been fully paid, together with an original unconditional lien waiver from each such contractor, suncontractor and material supplier acknowledging full payment and waiver of any and all lien rights. The final twenty percent (20%) of the initial Performance Guarantee shall not be released until the Town receives said affidavits and unconditional lien waivers; and (8) (3) All other applicable requirements contained in these regulations, the Town's design and construction standards and the subdivision improvement agreement have been satisfied. Acceptance for Maintenance. At the end of the warranty period(s), and upon final acceptance of the Improvements as provided herein, the Town will assume all future repair and maintenance responsibilities with respect to the accepted public improvements, if any. The Town will not assume any responsibility for maintenance and repair of required private improvements, and such responsibility shall remain with the Applicant unless it is transferred to a homeowners association or other responsible person or entity in accordance with the approved subdivision documentation. Security/Performance Guarantee (l) Release of Collateral ; Request for Partial Release. The applicant may make periodic requests for the partial release of the collateral in accordance with the provisions of this Subsection. All such requests shall be in writing to the Board of Trustees, shall be for a reduction of at least twenty percent (20%) of the total original Performance Guarantee collateral amount, shall correspond with a portion of the required improvements that have been substantially constructed or installed in accordance with these regulations and the subdivision improvement agreement. and shall be accompanied by an invoice for the portion of the work reflected in the request. No more than one (1) request for a the Performance Guarantee partial release of collateral may be submitted each month. No reduction of the Performance Guarantee shall be allowed which would reduce the amount of collateral to less than one hundred twenty-five percent (125%) of the estimated cost of any 52 remaining or incomplete improvements; and the final twenty percent (20%) of the initial Performance Guarantee which may be in the form of a warranty bond and cash collateral ( deposit, as provided in subsection (d) (1) above) amount may not be released until all of the required improvements have been preliminarily accepted, the one (1) year warranty period has the applicant has complied with all run, the improvements are finally accepted by the Town requirements specified in the Subdivision Regulations and the Subdivision Improvement Agreement and the improvements are finally accepted by the Town. There shall be no Performance Guarantee if reduction in the amount of the collateral security if the applicant applicant is in default under the Subdivision Improvement Agreement. Performance Guarantee (m) Town use of collateral . Except as otherwise provided in the subdivision improvement agreement, the Town may draw upon and utilize the collateral security to pay for the construction, completion or correction of the required improvements or to restore and revegetate the site in the event the applicant fails to timely perform the obligations provided in this Section or is otherwise in default under the terms of the subdivision improvement agreement. Application of the collateral may include covering such costs, including reasonable engineering and attorney's fees, as are necessary for the Town to administer the construction and correct, repair or complete the required improvements. (n) Conveyance of Improvements Other Than By Dedication on Plat. As to any of the improvements which have not previously been dedicated on the final plat of the Subdivision, such improvements, if designed and intended as public improvements, shall be conveyed to the Town, or other appropriate public entity, or if designed or intended as private improvements, shall be conveyed to a homeowners association or other responsible entity approved by the Town. Such conveyance shall be made prior to such Improvements have been satisfactorily completed and that acceptance of such Improvements by the Town is proper and in accordance with the provisions herein, conveyance shall be made by general warranty deed (if real estate) or bill of sale with full warranty of title (if personal property), free and clear of all liens, encumbrances and restrictions (except for permitted exceptions as provided in the SIA), and the specific instrument of conveyance shall be acceptable as to form and substance by the Town Attorney. Conveyances of fee title, easements or other real property interests shall be applicable. Sec. 17-6-20. Deferral or waiver of required Subdivision Improvements. (a) At the time of final plat approval, the Board of Trustees may defer or waive, subject to appropriate conditions, the provision of any or all subdivision improvements as, in its judgment, are not required in the interests of public health, safety and welfare, or which are inappropriate because of inadequacy or lack of connecting facilities. Any determination to defer or waive the provisions of any subdivision improvements must be specifically stated on public record, including the reasons for the deferral or waiver. (b) Whenever it is deemed necessary by the Board of Trustees to defer the construction of any subdivision improvements required because of incompatible grades, future planning, inadequate or nonexisting connecting facilities, or for other reasons, the applicant shall pay his or her share of the costs of the future improvements to the Town prior to the Planning Commission and Board of Trustees signing the final plat, or the applicant may execute a 53 Subdivision Improvement Agreement secured by collateral guaranteeing completion of the deferred subdivision improvements upon demand of the Town. ARTICLE 7 Subdivision Design and Improvement Standards Sec. 17-7-10. General. Proposed projects should be designed to be integrated with the existing community and minimize negative impacts on adjacent land uses. No subdivision shall be approved unless the Town determines that public facilities will be adequate to support and service the area of the proposed distributionsanitary sewercollection, subdivision. Area needs for water , wastewater treatment facilities, stormwater drainage facilities, open space, parks, schools, fire stations and other public facilities must be provided depending on the location and density of each subdivision. No proposed subdivision shall be approved unless the Town finds that it complies with all applicable general and specific design and improvement standards set forth below. Sec. 17-7-20. Conformance to applicable rules and regulations. (a) In addition to the requirements established in these regulations, all subdivisions shall comply with laws, rules and regulations identified in or by: (1) State statutes; (2) 14 This Code, specifically including Chapter and Chapter 16 , the currently adopted editions of the building, mechanical, plumbing, traffic and fire codes adopted by the Town, and all other applicable rules and regulations of the Town; (3) The Comprehensive Plan and Official Zoning Map; and (4) The rules of any state and/or federal agencies having jurisdiction over certain development aspects. (b) No application for subdivision shall be approved if not in compliance with the foregoing requirements, and such failure shall be reasonable grounds for denial of the application. Sec. 17-7-30. Self-imposed restrictions. If the owner places restrictions on any land contained in a subdivision greater than those required by these and/or other rules and regulations of the Town, such restrictions or reference to those restrictions shall be denoted on the plat and subsequently recorded in the office of the County Clerk and Recorder. Sec. 17-7-40. Plats straddling municipal boundaries . Lotlines should be laid out so as not to cross municipal boundaries. Whenever access to a 54 subdivision is required across land outside the Town boundaries, the Town shall require assurance that access is legally established, that the access road is adequately improved and/or that a guarantee has been executed and is sufficient in amount to assure the construction of the access road. Sec. 17-7-50. Monuments. All monuments and surveys in a subdivision, including all interior lot corners, shall beset in accordance with Articles 50 and 51 of Title 38, C.R.S., prior to the execution of the final and/or exemption plat. Division Special Site Considerations Sec. 17-7-60. Natural hazards and conditions. Based on a finding by a qualified engineer, engineering geologist or other professional, no land shall be subdivided which is held by the Planning Commission to be unsuitable for development by reason of one-hundred-year flooding frequency, high water table, mudflow, rockslide or other potential natural hazard, feature or condition likely to be harmful to the health, safety or welfare of the Town, its residents or future residents in the proposed subdivision may be subdivided unless the natural hazards are mitigated in a manner acceptable to the Town. Sec. 17-7-70. Floodplains. Development is discouraged within the one-hundred-year floodplain. All subdivision proposals and other proposed developments which contain at least fifty (50) lots or five (5) acres (whichever is less) shall provide the Town with base flood elevation data per the Town's regulations pertaining to the prevention of flood damage. Technical data and other information requested by the Town shall be prepared by a registered professional engineer. This and other information is necessary to determine applicability to and evaluation of developments on lands subject to flooding or located in a natural drainage area. A permit shall be obtained before construction begins within any area of special flood hazard as set forth in Chapter 18, Article 4 of this Code. Sec. 17-7-80. Stream setbacks. A minimum thirty-foot setback from the high water mark on each side of Fraser River, Elk Creek, Leland Creek and Saint Louis Creek shall be protected for water quality. Earth and vegetation disturbance within this setback shall be minimized to protect the integrity of the watercourse. Water diversion facilities, flood control structures, bridges and other reasonable and necessary structures requiring some disturbance within this setback may be permitted. Trails may be permitted within this setback at the discretion of the Town. A greater setback, up to one hundred fifty (150) feet, may be required depending on environmental factors such as, but not limited to, soil permeability, the potential for erosion and sedimentation, existing vegetation cover slope, intensity of adjacent land use and wildlife habitat. The required stream setbacks shall be determined by the Planning Commission. Sec. 17-7-90. Wetlands. Dredging and/or filling of wetlands and construction in or directly adjacent to any watercourse, such as culvert or bridge installations, shall require measures to protect water quality and channel stability. In all cases, construction shall conform to applicable U.S. Army Corps of Engineers permitting requirements. 55 Sec. 17-7-100. Soils. a) Report. Soil types shall be described and/or illustrated in sufficient detail to indicate any potential development problems resulting from groundwater, instability in road excavations and fills, expansive soils and structural bearing strength for building foundations. (b) Stabilization. All disturbed areas and exposed soils shall be stabilized and protected to effectively control erosion by using appropriate techniques such as hydromulching, erosion control blankets, bonded fiber matrices or other equally protective measures. Grass or straw mulch should be crimped, tracked or tacked in place to promote surface anchoring. Within two (2) full growing seasons of project completion, vegetative site coverage shall have a perennial herbaceous component equal to or greater than seventy percent (70%) of the adjacent undisturbed areas. Sec. 17-7-110. Steep slopes. In general, development shall not occur on slopes greater than thirty percent (30%) or on land with inadequate drainage unless a part of each lot or tract, sufficient to accommodate a building permit, is deemed buildable by a qualified engineer and all mitigation measures necessary to prevent lateral movement and/or slippage of improvements have been approved by the Town Engineer. Sec. 17-7-120. Cut-and-fill slopes . Cut-and-fill slopes shall be kept to a minimum. Graded or filled slopes shall be kept to a three-to- one (3:1) slope or less and designed for long-term stability, unless otherwise approved by the Town. Stabilization may be attained by permanent vegetation, utilizing retaining walls, rock walls, up-slope runoff diversions, terracing, slope drains, soil nailing, mulch binders, erosion control blankets or other measures appropriate for the specific situation. Sec. 17-7-130. Wildlife habitat . (a) Subdivision design shall avoid development in or near significant wildlife habitat, as determined by the Colorado Division of Wildlife. (b) Buffer zones, as recommended by the Colorado Division of Wildlife, shall be provided and maintained between wildlife habitat areas and developed areas. (c) Removal of vegetation shall be prohibited within identified wildlife habitat areas and buffer zones. (d) Historic access for managing wildlife shall be maintained. Sec. 17-7-140. Buffers. Where a residential subdivision borders a railroad and/or highway right-of-way, the Town may require a minimum twenty-five-foot buffer strip, in addition to the normal depth of the lot required in the zoning district, between the right-of-way and the subdivision to serve as protection against hazards and undesirable effects of the railroad and/or highway. The buffer strip shall contain plantings, landscaped earthen berms, screening, retention of existing vegetation, fencing or other reasonable measures to substantially reduce adverse impacts. No improvements shall be constructed in a manner that would create adverse impacts to the buffered area. At the discretion of the Planning Commission, a plat note may denote that this buffer strip shall permanently remain free of any structures. Sec. 17-7-150. Lots. 56 (a) Lot dimension. Lot dimensions shall comply with the minimum standards of Chapter 16 of this Code. (b) Lot arrangement. Lots with unusual configurations will be discouraged, unless topography or other physical limitations of the property suggest otherwise. (c) Access to lots and double-frontage lots. (1) Each lot shall have safe access to a public or private street. (2) Access from arterial and/or collector streets. Lots shall not derive access exclusively from an arterial or collector street. (3) Double-frontage lots. Double-frontage and reversed-frontage lots shall be avoided except where necessary to provide separation from incompatible land uses or to overcome specific disadvantages of topography and/or orientation. (d) On a corner lot, the shorter street frontage shall be considered the front lot line. Sec. 17-7-160. Blocks. (a) Blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate depths. Exceptions to this block width shall be permitted in blocks adjacent to major streets, railroads or waterways, or in the case of unusual or difficult topography. (b) The lengths, widths and shapes of blocks shall be such as are appropriate for the Town, limitations of topography and the type of development contemplated, but block lengths in residential areas shall not exceed two thousand two hundred (2,200) feet or twelve (12) times the minimum lot width required in the zoning district, nor be less than four hundred (400) feet in length. Wherever practicable, blocks along arterial and collector streets shall be not less than one thousand (1,000) feet in length. (c) In long blocks, the Planning Commission may require the reservation of an easement through the block to accommodate trails, utilities, stormwater drainage facilities and/or snow storage. Division 3 Public Dedication Sec. 17-7-170. Purpose. The purpose of the public dedication requirement is to provide public facilities and/or services made necessary as a consequence of a subdivision, in an amount roughly proportional to the impact of the subdivision upon such facilities and/or services or the increased need for them brought about by a subdivision. New residential subdivisions require services provided through municipal facilities which are constructed, in part, through dedication of land necessary to construct the facilities. Absent land dedication by new subdivisions, sufficient land may not be made available at the time of subdivision to provide necessary services to new residents. In order to provide public services, the Town requires certain dedications of land or, in the appropriate circumstances, payment of fees in lieu of dedication. It is the intent of this Section that new development pay its proportionate or pro rata share of the costs attributable to the new growth, 57 thereby relieving the public generally from subsidizing the cost of improvements and facilities attributable to new development. Each residential subdivision of land within the Town shall dedicate land or, where appropriate, pay a fee in lieu of dedication for schools and parks in accordance with this Section. The location of dedication required shall be mutually agreed upon by the Town and the applicant. The Town may consider recommendations from other agencies which would be directly involved in the development and services of these areas. Sec. 17-7-180. Dedications and/or conveyances. Land dedications and/or conveyances shall be negotiated either upon annexation of the land area to the Town or prior to final plat approval and shall be implemented in one (1) of the following ways: (1) A fee simple dedication to the Town granted via plat note on the final plat. (2) A fee simple conveyance to the Town granted via warranty deed. (3) A fee simple conveyance to a homeowners' association granted via warranty deed may be acceptable for open space, if approved by the Town. (4) Payment of fees in lieu of land dedications where permitted and approved by the Town. Sec. 17-7-190. Dedications and/or conveyances to Town and/or homeowners' association. Whenever a subdivision application involves land that is to be dedicated and/or conveyed to the Town and/or to a homeowners' association (HOA), the applicant shall submit, with the final plat application, a warranty deed to transfer such property to the Town or the HOA, together with a title insurance commitment indicating that the land is owned by the applicant free and clear from all liens, encumbrances and restrictions. Title insurance shall be provided by the applicant in an amount equal to the approximate value of the property to be dedicated and/or conveyed, as approved by the Town. The executed deed, if applicable, and the payment of the premium for the title insurance policy shall be delivered to the Town prior to the recording of the final plat. (Ord. 322 § 12-6-6, 2006) Sec. 17-7-200. Land dedication for schools. The Board of Trustees has adopted a resolution setting forth the formula to be used to determine the provision of land areas for schools within a subdivision. Land dedicated for public school use within a subdivision shall not include steep slopes, hazardous geologic formations, adverse topography or other features that may be harmful to the health, safety or welfare of the public. Sec. 17-7-210. Fees-in-lieu for schools. (a) In lieu of any dedication of land required by this Division, the Town may request and, if requested, the applicant shall make, a payment to the Town if: (1) The Town determines that the amount or quality of land to be dedicated by the applicant 58 pursuant to this Section would not be of adequate size or quality to achieve the purpose of the dedication; or (2) The Town determines that the dedication of land would not serve the health, safety or welfare of the public. (b) The amount of the payment in lieu of any land dedication shall be determined as follows: multiply the fair market per acre value of the entire property proposed for subdivision, as of the date immediately prior to approval of the final plat, by the total acreage of land that is required for dedication. (c) The fair market acre value of land, for purposes of determining the amount of a payment in lieu of land dedication, shall be determined by mutual agreement between the Town and the applicant. In the event of inability of the above parties to agree on the fair market acre value of the subject land, an independent real estate appraisal shall be obtained by the Town at the applicant's cost. The value determined by the appraisal shall be binding upon the Town and the applicant. (d) Payments made under the requirements of this Section shall be made payable to the Town of Fraser. All moneys collected by the Town shall be deposited in an interest-bearing account which clearly identifies the category, amount or fund of capital expenditure for which the moneys were collected. Each such category, account or fund shall be accounted for separately. Any interest or other income earned on such moneys shall be credited to the account. The Town shall receive such funds either upon annexation of the land area to the Town or at the time of final plat approval. (e) Funds may be withdrawn from the interest-bearing account only for the acquisition of reasonably necessary sites and land areas or for capital outlay purposes for schools and/or for growth-related planning functions by the school district for educational purposes. Sec. 17-7-220. Transfer to school district. Land conveyed to the Town for public school sites shall be transferred and conveyed to the appropriate school district upon written request by the district. Funds paid to the Town in lieu of dedication of land areas for public school sites shall be made available to the appropriate school district upon written request by the school district. Sec. 17-7-230. Land dedication for parks. (a) The Board of Trustees has adopted a resolution setting forth the percentage to be used to determine the provision of land areas for parks within a subdivision. (b) Land dedicated for public park use: (1) May include open space, historical or natural features and proposed public areas; (2) Shall lend itself to utilization for active recreational use such as a public park, picnic area, trails, ball fields or recreational structures and shall include a minimum of ninety percent (90%) of land with a slope of ten percent (10%) or less, unless approved by the Town; (3) Shall not include steep slopes, hazardous geologic formations, adverse topography or other features that may be harmful to the health, safety or welfare of the public, unless approved by the Town; and 59 (4) Shall not be less than three thousand (3,000) square feet in size unless approved by the Town. Sec. 17-7-240. Fees-in-lieu (a) In lieu of any dedication of land required by this Division, the Town may request and, if requested, the applicant shall make a payment to the Town if: (1) The Town determines that the amount or quality of the land to be dedicated by the applicant pursuant to this Section would not be of adequate size or quality to achieve the purpose of the dedication; or (2) The Town determines that the dedication of the land would not serve the health, safety or welfare of the public. (b) The amount of the payment in lieu of any land dedication shall be determined as follows: multiply the fair market per acre value of the entire property proposed for subdivision, as of the date immediately prior to approval of the final plat, by the total acreage of land that is required for dedication. (c) The fair market acre value of land for purposes of determining the amount of a payment in lieu of land dedication shall be determined by mutual agreement between the applicant and the Town. In the event of inability of any of the above parties to agree on the fair market acre value of the subject land, an independent real estate appraisal shall be obtained by the Town at the applicant's cost. The value determined by the appraisal shall be binding upon the applicant and the Town. (d) Payments made under the requirements of this Section shall be made payable to the Town of Fraser. All moneys collected by the Town shall be deposited in an interest-bearing account which clearly identifies the category, amount or fund of capital expenditure for which the moneys were collected. Each such category, account or fund shall be accounted for separately. Any interest or other income earned on such moneys shall be credited to the account. The Town shall receive such funds either upon annexation of the land area to the Town or at the time of final plat approval. (e) Funds may be withdrawn from the interest-bearing account only for the acquisition of reasonably necessary sites and land areas or for other capital outlay purposes for parks and/or for the development of the sites and land areas for park purposes. Sec. 17-7-250. Substitute land dedication. As an alternative means of satisfying the required dedication of land within a subdivision as provided by this Division, an applicant may offer to the Town a substitute dedication of land of equivalent size owned by the applicant that is located outside of the proposed subdivision; provided, however, that nothing herein shall obligate the Town to accept such substitute dedication. The Town shall not accept any substitute dedication located more than three (3) miles from the Town boundary existing at the time of subdivision. Sec. 17-7-260. Applicant's option for site specific dedication study. 60 In the event that the applicant disagrees with the Town's determination concerning dedication of land and/or payment in lieu of dedication of land as required by this Section, the applicant may request a continuation of any subdivision processing and review by the Town, and the applicant may prepare a study evaluating the demand for public facilities made necessary or generated by the proposed development. Such study shall be undertaken at the applicant's cost by a licensed professional engineer or other professional approved in advance by the Town. To the greatest extent possible, the study shall include an evaluation of the Town's present supply or capacity and present demand for all public facilities and/or services required by the proposed development. The study shall identify and quantify the additional demand placed upon such public facilities and/or services by the proposed development. The study shall incorporate the conclusions of reports, evaluations and other studies published by authoritative sources concerning the per capita and other ratio of schools and parks commonly found in other communities. The study shall identify the necessary public land and improvements required to be dedicated or constructed by the applicant in order to serve the demand generated by the proposed development. Such study shall be considered by the Town in determining the dedication of land required by this Division for the proposed development. (Ord. 322 § 12-6-6, 2006) Sec. --of requirements. The Town may waive the required dedication of land or the payment in lieu of dedication required by this Division in the following cases: (1) When the project has already been fully developed and the subdivision of land is necessary to bring the land into conformance with the as-built or as-constructed development; or (2) When the development does not result in any increase in demand for schools and parks or open space. (Ord. 322 § 12-6-6, 2006) Division 4 Adoption of Standards Public Rights-of-Way 17-7-280. Adoption of Standards . In order to provide for streets of suitable location, width and improvement to accommodate prospective traffic and provide satisfactory access to police, firefighting, snow removal, water, wastewater, stormwater drainage and road maintenance equipment, and to coordinate streets so as to create a convenient system,. the street design standards as set forth in this Division are required. The Town has adopted street and roadway standards by separate document. The Board of Trustees has adopted Minimum Design Criteria and Construction Standards set forth in Chapter 14 of the Municipal Code to govern various aspects of development and construction within the Town of Fraser. Presented in these Standards are the minimum design and technical criteria for the design and construction of additions and modifications to the following: Water System; Sanitary Sewer System; Street and Roadway System; 61 Stormwater System; Private Infrastructure. Please refer to The Town of Fraser Street and Roadway Minimum Design Criteria and and Construction Standards for the minimum design criteria for the design and minimum construction of roads, sidewalks, trails, bridges, drainage utilities and associated infrastructure within the Town. Division 5 Public Rights-of-Way Sec. 17-7-290. General (a) Refer to Chapter 14 of the Municipal Code - (b) All streets, water distribution, sanitary sewer collection and stormwater facilitiesshall be located within a dedicated public right-of-way or easement, unless otherwise approved by the Town. (c) In order to provide for streets of suitable location, width and improvement to accommodate prospective traffic and provide satisfactory access to police, firefighting, snow removal, water, wastewater, stormwater drainage and road maintenance equipment, and to coordinate streets so as to create a convenient system, the Town has adopted the street design standards as set forth in this Division are required. Sec. 17-7-530.Streets, trails, sidewalks and rights-of-way. Streets, trails and sidewalks shall be aligned to join with planned or existing public c. rights-of-way adjacent to a subdivision. Streets shall be extended to the boundaries of the subdivision and to adjacent lands, d. except where such extension is prevented by topography or other physical conditions, or where the connection of streets with existing or probable future streets is deemed unnecessary by the Town. Right-of-way widths in excess of the standards designated in these regulations e. The Town of Fraser Street and Roadway Minimum Design Criteria and Construction Standards shall be required whenever, due to topography or other conditions, additional width is necessary. Half streets shall be prohibited. When a proposed half street in one (1) f. subdivision is adjacent to another property, the entire street shall be platted and dedicated by the owners. It shall be the responsibility of the applicant to acquire any additional right-of-way that may be necessary. 62 Subdivision road systems shall be designed with two (2) or more publicly dedicated g. access easements and constructed roads for separate, multiple ingress and egress. On all areas of land proposed for subdivision where the general configuration of h. the undisturbed surface slopes exceed fifteen percent (15%) or more in any direction, a grading plan showing revised contours for street construction shall be submitted. Such plan shall show the extent and percent slope of cut-and-fill areas created by street construction. No back slope shall exceed a ratio of three (3) feet horizontal to one (1) foot vertical (3:1). All cut-and-fill slopes and retaining structures shown as a result of street construction shall be located within the dedicated right-of-way or easement, unless otherwise approved by the Town. A revegetation plan shall be submitted for all cut-and-fill slopes. The revegetation plan shall use native or similar plants and include a cost estimate. The revegetation plan shall be implemented concurrently with street construction. When a street parallel to a railroad right-of-way intersects a street which crosses an i. at-grade railroad right-of-way, it shall, to the extent practicable, be at a distance of at least one hundred fifty (150) feet from the railroad right-of-way. Such distance shall be determined with due consideration of the minimum distance required for future separation of grades by means of appropriate approach gradients. Unless agreed to otherwise in a subdivision improvements agreement, upon j. preliminary acceptance of public streets within a subdivision, the Town shall assume responsibility for snow removal, but the applicant shall remain responsible for all other maintenance and repairs pending final acceptance. At the Town's discretion, it may elect not to plow the streets until there is development on individual lots that warrants access. Upon final acceptance of public streets within a subdivision, the Town shall assume all future maintenance and repair responsibilities for the public streets. Widening and realignment of existing roads. Where a subdivision borders an existing k. narrow street or when the Comprehensive Plan and/or Official Map indicate plans for widening and/or realignment of a street that would require use of some of the land in the subdivision, the applicant shall be required to improve and dedicate at his or her expense such areas for widening and/or realignment of such streets. To prevent the segregation of neighborhoods, subdivision boundary fences and gated l. communities are prohibited. and snow storage Utility easements shall be provided along lot lines, as needed. m. Easement widths shall be determined ten (10) feet to twenty (20) feet, during plat review. Sec. 17-7-300. Street names, signs and traffic control. (a) All street names shall be shown on the final plat. The applicant shall pay for and install all parking, striping, traffic control and street signs necessary to serve the proposed subdivision. Street signs shall be consistent in size and design with the existing street signs throughout the Town, unless otherwise approved by the Town. No street names shall be used which duplicate or may be confused with the names of existing streets in the Town and/or the County. The Planning Commission may accept recommended names for streets from the applicant or choose other names it finds more appropriate. Existing street names shall be used for all extensions or continued alignments of existing streets. 63 (b) The applicant shall pay for and install all parking, striping, traffic control and street name signs necessary to serve the proposed subdivision. Street name signs shall be consistent in size and design with the existing street name signs throughout the Town, unless otherwise approved by the Town. Refer to Chapter 14 of the Municipal Code - (c) Subdivision road systems shall be designed with two (2) or more publicly dedicated access easements and constructed roads for separate, multiple ingress and egress. Sec. 17-7-560. Street standards. (a) On all areas of land proposed for subdivision where the general configuration of the undisturbed surface slopes exceed fifteen percent (15%) or more in any direction, a grading plan showing revised contours for street construction shall be submitted. Such plan shall show the extent and percent slope of cut-and-fill areas created by street construction. No back slope shall exceed a ratio of three (3) feet horizontal to one (1) foot vertical (3:1). All cut-and-fill slopes and retaining structures shown as a result of street construction shall be located within the dedicated right- of-way or easement, unless otherwise approved by the Town. A revegetation plan shall be submitted for all cut-and-fill slopes. The revegetation plan shall use native or similar plants and include a cost estimate. The revegetation plan shall be implemented concurrently with street construction. (b) When a street parallel to a railroad right-of-way intersects a street which crosses an at-grade railroad right-of-way, it shall, to the extent practicable, be at a distance of at least one hundred fifty (150) feet from the railroad right-of-way. Such distance shall be determined with due consideration of the minimum distance required for future separation of grades by meansof appropriate approach gradients. (c) Unless agreed to otherwise in a subdivision improvements agreement, upon preliminary acceptance of public streets within a subdivision, the Town shall assume responsibility for snow removal, but the applicant shall remain responsible for all other maintenance and repairs pending final acceptance. At the Town's discretion, it may elect not to plow the streets until there is development on individual lots that warrants access. Upon final acceptance of public streets within a subdivision, the Town shall assume all future maintenance and repair responsibilities for the public streets. (d) Widening and realignment of existing roads. Where a subdivision borders an existing narrow street or when the Comprehensive Plan and/or Official Map indicate plans for widening and/or realignment of a street that would require use of some of the land in the subdivision, the applicant shall be required to improve and dedicate at his or her expense such areas for widening and/or realignment of such streets. Sec. 17-7-570. Easements. Utility easements shall be provided along lot lines, as needed. Easement width shall be ten (10) feet to twenty (20) feet, to be determined during plat review. 64 -- (a) Connection required. Each new subdivision within the Town shall be required to connect to the municipal water system. (b) Design. The internal water distribution system of each subdivision shall be designed and sized hydraulically to meet the initial and future demands of the proposed subdivision and shall be approved by the Town prior to construction. The Town has adopted water utility Refer to Chapter 14 of the Municipal Code - standards by separate document. for the requirements for material and installation of additions/ modifications to the current Town water distribution system. (c) Fire hydrants. Fire hydrants shall be required in all subdivisions and shall be located in conformity with the adopted Fire Code. Generally, fire hydrants shall be located no more than five (500) feet apart. Hydrant locations and fire flow demands shall be approved by the Town and the Fire District. Fire hydrant spacing along streets where hydrants are not needed for protection of structures and/or water system operations shall not exceed one thousand (1,000) feet. Sec. 17-7-320. Sanitary Sewer Wastewater Disposal. (a) Connection required. Each new subdivision within the Town shall be required to connect to the municipal wastewater sanitary sewer system. (a) (b) Design. Collection systems shall be designed to meet the initial and future Town demands of the proposed subdivision and shall be approved by the Fraser Sanitation District or its successor prior to construction. The Fraser Sanitation District has adopted wastewater utility standards by separate document. Please refer to The Fraser Sanitation Refer to Chapter 14 of the Municipal Code - District for the requirements for material and installation of additions/modifications to the current Fraser Sanitation District Town sanitary sewer wastewater collection system. Sec. 17-7-330. Stormwater drainage and management facilities. Refer Please refer to The Town of Fraser Minimum Design Criteria and Construction Standards to Chapter 14 of the Municipal Code - for regulatory requirements on stormwater system design within the Town. (a) General. The Town shall not approve any subdivision plat that does not make adequate provision for stormwater drainage and management. The stormwater drainage system shall be separate and independent from any sanitary sewer system. The Town shall require on-site detention of stormwater flows during peak periods. New development shall release water from the development at a rate equal to the historic rate prior to the development. Stormwater drainage and management facilities must be constructed within the first phase of any development activity. Appropriate measures shall be in place during construction of these facilities to mitigate any impact to water quality, adjacent properties and/or downstream properties. 65 (b) Drainage Plan. An approved drainage plan shall be required for a minor subdivision. The drainage plan (preferred scale 1" = 20', optional scale 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 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. (c) Drainage Report. An approved drainage report shall be required for a major subdivision. The licensed in the State of Colorado. drainage report shall be prepared by a Professional Engineer Refer to Chapter 14 of the Municipal Code - and in accordance with the for regulatory requirements on stormwater system design.criteria and requirements of the Grand County Storm Drainage Design and Technical Criteria Manual, Chapters 2 through 10. The Board of Trustees may from time to time adopt a resolution specifying the current manual to be used. The preliminary drainage report shall be submitted concurrently with a preliminary plat for a major subdivision. The final drainage report shall be submitted concurrently with a final plat for a major subdivision. (d) Drainage easements and drainage ways. (1) Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within road rights-of-way, perpetual, unobstructed easements shall be provided across property. Drainage easements shall extend from the road to the drainage facilities to dedicatedor via provide satisfactory access. Easements shall be indicated on the final plat, separate instrument. (2) When a proposed drainage system will carry across private land outside the subdivision, appropriate drainage easements must be secured in writing and indicated on the final plat. (3) Low-lying lands along watercourses subject to flooding or overflowing during storm periods, whether or not included in areas for dedication, shall be preserved and retained in their natural state as drainage ways. Such lands subject to periodic flooding shall not be computed in determining the number of lots to be utilized for average density procedures nor for computing the area requirement of any lot. (e) Valley gutters. Concrete valley gutters are required at street intersections to direct water through intersections. (f) Lot and adjacent land drainage. Lots shall be laid out so as to provide positive drainage away from all buildings, and individual lot drainage shall be coordinated with the general drainage pattern for the area and to maintain the individual lot drainage on the specific lot as much as possible. The drainage system shall be designed to accommodate not only runoff from the subdivision, but also historic runoff for those areas adjacent to and upstream from the proposed subdivision, as well as its effect on lands downstream. (g) Phased development drainage reports. A preliminary drainage report for the entire subdivision shall be submitted as part of the first phase of a phased development. A final drainage report shall be submitted for each phase of development at the appropriate time it is submitted in final detail for approval to the Town. 66 (h) Operations and maintenance. The continued maintenance of all stormwater drainage facilities is necessary to ensure that they will function as designed. As such, maintenance access shall be provided to all stormwater drainage facilities to ensure continuous operational capability of such facilities. Sec. 17-7-340. Utility standards. (a) Location. All utility facilities, including but not limited to water, sanitary sewer, natural gas, electric, telephone and cable television, shall be located underground throughout the subdivision. Installation of any utility (including, but not limited to transformers, risers, pedestals or connection boxes) within the Town rights-of-way is subject to Town approval. Transformers, pedestals or connection boxes may be located above ground but must be adequately screened with planting material. Transformers, pedestals or connection boxes shall not be placed in any public right-of-way so as to avoid conflict with snow removal operations. All existing and proposed utility facilities throughout the subdivision shall be shown on the final plat. Underground service connections to the property line of each platted lot shall be required and installed at the applicant's expense. At the discretion of the Planning Commission, the requirement for service connections to each lot may be waived in the case of adjoining lots to be retained in single ownership and intended to be developed for the same primary use. Utility systems shall be arranged and located in such a manner as to minimize trenching and adequately separate incompatible systems. Cross-connections shall be prohibited. (b) Refer to Chapter The Town has adopted water utility standards by separate document. 14 of the Municipal Code - . Please refer to for the requirements for material and installation of additions/modifications to the current Town water distribution system. The Town has adopted sanitary sewer utility standards by separate document. Please refer to for requirements for materials and installation of additions/ modifications to the current and Town sanitary sewer collection system. (c) Oversizing for extensions. Utility lines, water and sewer mains and stormwater drainage facilities shall be sized to serve the total number of proposed units in the entire subdivision and future phases of development. Oversizing may also be required to serve adjacent properties. (d) Soil compaction. Soil compaction shall be required for fill of all utility lines, including service connections, within any public right-of-way. The compaction shall be ninety-five percent (95%) Standard Proctor Density. (e) Coordination. Proper coordination shall be established between the applicant and the applicable utility companies for the establishment of utility easements, all of which shall be or via separate instrument. indicated and dedicated on the final plat Sec. 17-7-350. Water quality. The applicant shall show evidence and plans to ensure that the proposed development will not result in the degradation of streams, rivers, creeks or other watercourses. This standard shall apply to construction activities, the ultimate use of the land and any off-site snow storage. Runoff from developed impervious surfaces shall drain over grass buffer strips or infiltration devices before flowing into a watercourse. Direct discharges into streams, rivers, creeks or other watercourses are 67 prohibited. All development and construction activities shall be consistent with the requirements of the Clean Water Act, the State of Colorado Stormwater Management Plan (SWMP) requirements and Chapter 18, Article 5 of this Code, and shall include appropriate best management practices. Sec. 17-7-360. Erosion and sediment control devices and revegetation. Please refer to The Town of Fraser Minimum Design Criteria and Construction Standards for regulatory requirements on erosion and sediment control and revegetation within the Town. and sedimentand revegetation General. Erosion control devices shall be incorporated into all new developments and installed and stabilized prior to site grading or other construction. Refer to Chapter 14 of the Municipal Code - for regulatory requirements on stormwater system design within the Town. Please refer to The Town of Fraser Minimum Design Criteria and Construction Standards for regulatory requirements on erosion and sediment control and revegetation within the Town. (a) A properly implemented SWMP will reduce erosion potential and eliminate sedimentation in off-site downstream conveyances. Erosion can be controlled in a number of ways, such as keeping the disturbed area small, quickly restabilizing disturbed areas and retention of sediment within the disturbed area by using sediment basins, silt fences and/or straw bales. (b) Inspection and maintenance. The applicant or designated representative shall inspect all erosion and sediment control devices after any precipitation and make repairs. Erosion and sediment control devices shall be maintained in a manner to support their effectiveness. Accumulated sediment shall be periodically removed from sediment basins; silt fences and straw bales shall be checked and repaired as needed. (c) Revegetation. All disturbed areas and exposed soils shall be stabilized and protected to effectively control erosion by using appropriate techniques such as hydromulching, erosion control blankets, bonded fiber matrices or other equally protective measures. Grass or straw mulch should be crimped, tracked or tacked in place to promote surface anchoring. Within two (2) full growing seasons of project completion, vegetative site coverage shall have a perennial herbaceous component equal to or greater than seventy percent (70%) of the adjacent undisturbed areas. Sec. 17-7-370. Snow storage. (a) On-site snow storage. Adequate and Functional on-site snow storage shall be required and depicted on the final plat. Snow storage is prohibited on areas devoted to vehicular and/or pedestrian use, including parking, trails and sidewalks and designated drainage courses/ swales. (1) One (1) square foot of snow storage space is necessary for each three (3) square feet of parking and driveway to be cleared. (2) Snow storage shall be graded so that drainage for these areas flows away from adjacent properties and building sites. (3) sight distances Snow storage shall not interfere with intersection views, traffic, parking spaces. signage, fire hydrants or water, wastewater, stormwater facilities and (4) Snow storage shall not be located in, on or within twenty-five (25) feet of wetlands, or within twenty-five (25) feet of the high water mark on each side of a watercourse. 68 (b) Off-site snow storage. If the development parcel necessitates off-site snow storage, an easement from the property owner is required. The applicant shall show evidence and plans to ensure that the off-site snow storage will not result in the degradation of streams, rivers, creeks or other watercourses. Sec. 17-7-380. Trails and sidewalks standards. (a) Trail requirements. It is the policy of the Town to require trails to be dedicated to the Town to provide a means for alternative transportation and recreational opportunities. Subdivision proposals shall include, as a component of the required subdivision improvements, a trail system designed to integrate with established and planned trails in the Town and within three (3) miles of the Town limits. Trails shall be constructed by the applicant and dedicated via easements to the Town or, if outside the Town limits, to the County. (b) Location requirements. The applicant shall construct and dedicate trails which are reasonably necessary and convenient to the subdivision, including the following: (1) Trails identified on the Town of Fraser Master Pathway Plan; (2) Trails identified in the Grand County Headwaters Trails Master Plan; (3) residential areas Trails that provide access to schools, , businesses, parks, existing trails, open space, neighborhoods, public lands and other public places; (4) Trails that are encouraged to take advantage of the visual qualities of the area and should be designed to be an alternative to vehicular traffic; (5) Trails that link residential areas; (6) Trails parallel to watercourses. (7) Refer to Chapter 14 of the Municipal Code - for trail standards. (8) Detached, paved, eight-foot-wide trails that shall be provided adjacent to arterial and collector streets. (c) Design requirements. (1) Separation between public rights-of-way and trails is encouraged unless topography or other physical constraints necessitate a trail adjacent to a public right-of-way. The minimum distance between public rights-of-way and trails shall be ten (10) feet horizontally. Grade differential or differing surfaces shall be provided between trails and public rights-of-way to discourage crossover by vehicles, pedestrians and bicycles. (2) Trails that create unsafe road crossings shall be avoided. Special structures and/or traffic control devices may be required at road crossings for safety. (3) The type of construction for trails shall be compatible with the anticipated use. All trails shall be constructed to provide stable subgrades suitable for support of heavy equipment and pavement. 69 (4) Sidewalks shall be a minimum of eight (8) feet wide on each side of the street and shall be required in the Business Zone District and in all Mixed Use, Accommodation, Lodging and Commercial zoned planning areas in all Planned Development Districts (PDDs). Sidewalks shall be required on at least one (1) side of the street in residential areas if trails are not provided. (5) All trails and sidewalks shall be ramped at intersections and other pedestrian crossings and constructed in accordance with handicapped accessibility standards of the Americans with Disabilities Act (ADA). (6) Adequate drainage measures shall be provided along and across trails and sidewalks to prevent erosion damage and to allow free passage of drainage flows. Surface drainage shall not sheet flow across a trail or sidewalk. Drainage shall cross a trail or sidewalk at specified locations. (7) Trails may overlap with other easements, provided that any overlapping easement does not compromise the functional use of any other easement. (Ord. 322 § 12-6-8, 2006) Sec. 17-7-650. Adoption of erosion standards. The Town has adopted street and roadway standards by separate document. Please refer to The Town of Fraser Street and Roadway Minimum Design Criteria and Construction Standards for regulatory requirements on revegetation, erosion and sediment control within the Town. (Ord. 322 § 12-6-9, 2006) (i) Applicants shall be required to connect to and conform to the specifications of the Town stormwater drainage system, policy and plan. Sec. 17-7-390. Exterior Lighting. allow for outdoor illumination levels (a) General. The purpose of exterior lighting is to 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. minimized and illuminate and provide security. Exterior lighting shall be shall be directed to illuminate functional areas only, including all pedestrian access routes and parking areas. provided in locations that receive heavy pedestrian or vehicular use and in areas that are dangerous if unlit, such as stairs, ramps, intersections or abrupt changes in grade. 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 In addition, a desirable byproduct of these regulations is the increased use property. of energy efficient sources. 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. Refer to Chapter 14 of the Municipal Code Minimum Design Criteria (b) Specifications. and Consturction Standards for exterior lighting standards. (1) All luminaires (a fixture and its bulb) shall be Dark Sky Compliant, which means that all outdoor lighting fixturesshall be hooded and/or shaded so that zero light is emitted above a horizontal plane drawn through the lowest part of the luminaire and 70 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. (2) 175 There shall be no single bulb intensity which exceeds two hundred fifty (250) watts. (3) 21 Maximum height of fixtures shall not exceed twenty-five (25) feet. (4) Light fixtures on buildings shall not exceed a twenty-five-foot mounting height. (5) Minimum spacing between fixture poles should not be less than 60 feet. (6) 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). (7) 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. (8) Fixtures located on buildings shall not be located above the eave line or above the top of the parapet wall. (9) Floodlights 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, 15 walks and drives. Motion detectors may allow light to stay lit up to thirty (30) minutes after the last motion detection. (10) 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. (11) 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 facility lighting, 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. (c) Prohibited exterior lighting. No person shall install, illuminate or maintain any beacon or searchlight. 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 discretion of the Town. (d) A Lighting Plan shall be depicted on a site plan, indicating the location of each current and proposed outdoor lighting fixture with projected hours of use. (1) The lighting plan should include a KEY to the proposed lighting that provides the following information: 71 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. (2) Lighting manufacturer-- photographs of t fixture. (3) 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 of five feet beyond the property lines. (4) On the Approved Plan, it should be noted that no substitutions, additions, or changes may be made without prior approval by the Town. Sec. 17-7-400. Landscaping requirements and natural features. (a) enhances aesthetic appeal and protects the General. Because landscaping 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 of trees, shrubs and nonhazardous native plant materials generally should be limited to removal of those essential 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 72 ground covers; medium height shrubs and trees. The recommended Plant List for Fraser, Colorado is available upon request. and approve 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 your home and property important step to take in order to protect them from wildfire. Defensible 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. (i) A landscaping plan shall include, as a minimum, the following: North arrow. Property lines. Locations of existing and proposed structures on the site. Location of all existing and proposed hard surfaces. Location of existing natural features. Table listing of botanical names, the common names and the planting sizes and quantities of all plantings. 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 elementsand other natural materials. Irrigation plans. A statement providing that the owner and his or her heirs, successors and 73 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 but is 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 (j) 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) parking lot frontage.Trees and shrubs need not be planted in a linear, spaced manner, but may be grouped together where appropriate. (k) Parking lot interior landscaping shall be required for parking lots with twenty or more parking spaces to minimize the visual impact of large paved surfaces. 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. (l) 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 upon the 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. 74 Division 7 Additional Standards 17-7-410. Residential condominium and townhome subdivisions and apartment developments. (a) Density. All design standards set forth above shall apply to the construction of condominiums and townhomes and apartments. In addition, there shall be a maximum density of one (1) unit per two thousand one hundred seventy-eight (2,178) square feet of gross land area of the property subdivided. This equates to twenty (20) units per acre. (b) Open space. Fifty-five percent (55%) of the area subdivided shall remain as open space. The open space shall be established by dedication, conveyance or reservation. No such dedication, conveyance or reservation of open space shall be to the public or the Town without specific written acceptance of such open space by the Town. If any dedication, conveyance or reservation is for the use of owners of units within the condominium or townhome project, then the applicant shall provide for the creation of a homeowners' association with powers of assessment for maintenance, improvements and upkeep of such areas. Articles of incorporation, bylaws and other necessary legal documentation establishing the homeowners' association are also to be submitted to, approved by and recorded by the Town. Of the fifty-five percent (55%) open space, fifteen percent (15%) shall consist of a landscaping plan consistent with the standards in Section 17-7-400 of this Article. (c) Declarations. When any division of property creates an individual airspace unit and/or an interest in common elements, condominium/townhome declarations shall be executed by the fee title owners and lienholders, if applicable, which shall include, as a minimum, the following: (1) The legal description of the real property and the individual units. (2) The character, duration, rights, obligations and limitations of ownership. (d) As-built plat. An as-built plat, which is an amended final plat that shows the exact locations of all public and private improvements on a development site, must be recorded in the office of the County Clerk and Recorder. For condominiums, as-built plats shall also include horizontal and vertical layouts of the air spaces. (e) Parking spaces and driveways. All parking spaces are to be defined with cribbing, curbing or similar material and parking stalls clearly defined. All parking spaces and driveways shall be hard-surfaced. Please refer to The Town of Fraser Street and Roadway Minimum Design Criteria and Construction Standards. (f) Snow storage. A snow storage and/or off-site removal plan shall be required for all driveways and parking areas. Refer to Section 17-7-370 of this Article. (g) Trash areas. All dumpsters shall be easily accessible by trash collection vehicles and completely screened from public view by either landscaping or a fenced-in dumpster enclosure. Enclosure materials shall be consistent with building materials and colors. (h) Building materials and colors. (1) Building materials should be predominately natural, such as wood siding, natural stone masonry, exposed wood structural beams, logs, heavy timbers and masonry. 75 Colors of buildings should predominately be natural colors and stains. Bright (2) colors should be reserved for trim, etc. Sec. 17-7-420. Commercial condominium and townhome subdivisions. (a) Landscaping and open space. A landscaping/open space plan shall be required, detailing the landscape design, plant species and permanent maintenance provisions for a minimum of fifteen percent (15%) of the gross land area of the site. The applicant shall be responsible for the replacement of revegetation and landscape plantings for two (2) growing seasons after installation. Drought-resistant plant species are encouraged (refer to Section 17-7-710 of this Article). Refer to Section 17-7-400 of this Article. (b) Buffer area landscaping requirements. Where a business, commercial or industrial use abuts residential uses, a landscaped wall or fence with a minimum height of five (5) feet must be placed along such abutting property line. (c) Square footage. The minimum square footage per commercial condominium/ townhome shall be three hundred (300) square feet. (d) Applicable rules and regulations. Conversion of existing commercial leased space shall meet all applicable rules and regulations of the Town. Parking spaces and driveways. All parking spaces and driveways are to be defined with cribbing, curbing or similar material and parking stalls clearly defined. All parking spaces and driveways shall be hard-surfaced. Please refer to (f) Snow storage. A snow storage and/or removal plan shall be required for all driveways and parking and loading areas. Refer to Section 17-7-370 of this Article. (g) Trash and storage areas. All trash and storage areas are to be completely screened from public view by either landscaping or a fenced-in dumpster enclosure. These areas are to be accessible for easy pick-up and delivery. Enclosure materials shall be consistent with building materials and colors. (h) Legal documents. Legal documents, such as those described for a residential condominium/townhome development, shall also be required and recorded in the office of the County Clerk and Recorder. Sec. 17-7-430. Mixed-use residential and commercial subdivisions. (a) Landscaping. A landscaping plan shall be required detailing the landscape design, plant species and permanent maintenance provisions for all mixed use developments. The landscaping plan shall be for a minimum of fifteen percent (15%) of the gross land area of the site. Refer to Section 17-7-400 of this Article. (b) Buffer area landscaping requirements. Where a business, commercial or industrial use abuts residential uses, a landscaped wall or fence with a minimum height of five (5) feet must be placed along such abutting property line. Open space. (c) 76 (1) Except as provided in Subsection (2) below, the percentage of open space required will be based on the following formula: Percentag Open Space e of Floor Group Use Land 76%-100% C, 0, I, 15% 24%-0% R 15% II 50%-75% C, 0, I, 30% 50%-25% R 30% III 5%-49% C, 0, I, 40% 95%-51% R 40% IV 0%-4% C, 0, I, R C = CommercialO = Office I = Industrial R = Residential (2) For a mixed-use residential and commercial subdivision in the Business Zone District consisting of commercial and/or office development occupying one hundred percent (100%) of the ground floor of all structures in the subdivision, mixed with apartment development occupying some or all of the other floors in such structures, the minimum open space requirement shall be fifteen percent (15%) of the gross land area included in the subdivision, regardless of the ratio of residential to nonresidential development. 77 TOWN OF FRASER ORDINANCE NO. 389 Series 2012 AN ORDINANCE ADOPTING MINIMUM DESIGN CRITERIA AND CONSTRUCTION STANDARDS FOR STREETS AND ROADWAYS, WATER, SANITARY SEWER AND STORMWATER UTILITIES AND CERTAIN PRIVATE INFRASTRUCTURE, INCORPORATING SUCH STANDARDS INTO A NEW CHAPTER 14 OF THE MUNICIPAL CODE OF THE TOWN OF FRASER, COLORADO, AMENDING THE GENERAL APPLICATION POLICIES PROVIDED IN THE CODE, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF. WHEREAS, pursuant to Colorado Revised Statutes, Title 31 and other provisions thereof, the Board of Trustees of the Town of Fraser has the authority to establish and regulate public streets and rights of way and public utilities, and to adopt building and other regulations applicable within the Town; and WHEREAS, the Board of Trustees, by Ordinance No. 359, Series 2009, has previously adopted design and construction standards for streets and roadways, water utilities, sanitary sewer, storm drainage facilities; and WHEREAS, the Board of Trustees has reviewed proposed amended Minimum Design Criteria and Construction Standards pertaining to such matters and other related matters within the jurisdiction of the Town of Fraser; and WHEREAS, the Board wishes to incorporate such Standards into the Fraser Municipal Code in order to integrate such Standards with other provisions of the Code and to facilitate convenient access thereto; and WHEREAS, the Board of Trustees finds and determines that said Minimum Design Criteria and Construction Standards are reasonable and necessary to protect and preserve the health, safety and welfare of the citizens of the Town of Fraser, Colorado; and WHEREAS, the Board further finds that it is necessary and appropriate to amend the general application polices provided in the Code, in order to insure that application fees and other costs incurred by the Town in processing applications are fully paid by the applicant benefited thereby. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, AS FOLLOWS: PART 1: AMENDMENT OF MUNICIPAL CODE.    1.1 The Code of the Town of Fraser, Colorado (herein sometimes referred to as the "Municipal Code"), is hereby amended by adding a new Chapter, to be numbered "Chapter 14 - Minimum Design Criteria and Construction Standards", which shall read as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. 1.2 Said Chapter 14 and the Minimum Design Criteria and Construction Standards set forth therein shall be published in pamphlet form and made available to the public at cost, and said Chapter 14 shall also be published as part of the Municipal Code available on the Town of Fraser website. 1.3 Chapter 1, Article 3, Section 1-3-70 of the Municipal Code is hereby amended in its entirety to read as follows: Sec. 1-3-70. General application policies. The following general policies shall apply to all applications for permits or other approvals required under the provisions of this Code, unless different requirements, which are inconsistent with the following, are specified under the provisions of this Code for a particular type of application: (1) No application will be considered complete until all prescribed fees and deposits have been paid. (2) Application fees: Application fees are established and modified from time to time by the Board of Trustees and are set forth in the current fee schedule approved by the Board. Such application fees are intended to defray the administrative expenses of processing applications attributable to the use of Town employee time and Town facilities. No part of an application fee shall be refunded on account of any denial, partial processing or withdrawal of part or all of the application. (3) Processing fees: In addition to application fees, the applicant shall pay all costs relating to the processing of the application, including the costs of publication for each publication required. If republication is necessary due only to Town error, the Town will pay the costs of republication. The applicant shall also pay the costs for mailing notification of the application to adjacent or surrounding property owners, if required. The applicant shall pay any and all recording fees relating to the application or approval thereof and all inspection fees relating to the application or administration of the permit or other approval. (4) Additional costs: The applicant shall pay for any additional costs incurred by the Town for the services of outside professionals, consultants or other review agencies, other than Town staff (including without limitation, attorneys, engineers and outside planning consultants), during the review and consideration of an application. The Town will send invoices to the applicant for expenses incurred as the Town is billed, which shall be paid by the applicant within the time prescribed    in the invoice. Any amounts not paid when due shall accrue interest at the rate of one and one half (1.5%) percent per month, not to exceed eighteen (18%) percent per annum. (5) Deposit: The Town may require the applicant to provide a cash deposit, in an amount specified in the fee schedule established by the Board of Trustees, to secure payment of the anticipated processing fees and additional costs relatedto the application not covered by the application fee. The Town may draw upon this deposit to pay such fees and costs and may also suspend further proceedings or reviews related to the application for any delinquent account until the applicant pays the amount necessary to reinstate the full amount of the cash deposit. Any delinquent account related to an application shall be sufficient grounds for denial of the application. Any unused portion of such deposit remaining after completion or termination of the application and payment of any outstanding invoices shall be refunded to the applicant. No interest will accrue on the deposit. (6) All outstanding fees, taxes and invoices shall be paid in full prior to final approval of the application or issuance of the applicable permit, certificate or other approval document. Deposit shall be held for ninety (90) days after approval to cover any outstanding invoices related to the application. (7) In the event of non-payment of fees, costs or other charges owed, the Town shall have the right to file a legal action to collect any balance due to the applicant and/or the owner of the property that is the subject of the application. The amount of such unpaid fees, costs and other charges owed to the Town shall constitute a lien upon any property that is the subject of the application, and the Town may certify to the County Treasurer any amount due for collection in the same manner as other property taxes are collected. (8) The Town shall reserve the right to revoke or suspend any permit, certificate or other approval issued hereunder if the work or activity undertaken pursuant thereto is not done in accordance with the approved terms. 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 therefore, the violation of any provision of thisCode 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. The provisions now contained in Chapter 11, Article 2, of the Municipal Code are hereby repealed. In addition, 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 or the said Codes adopted herein 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 or said Codes. The Town of Fraser hereby declares that it would have adopted this Ordinance and said Codes, 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 [in full] [by title only]. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 1st DAY OF FEBRUARY, 2012. Votes in favor: ____ BOARD OF TRUSTEES OF THE Votes opposed: ____ TOWN OF FRASER, COLORADO Votes abstained: ____ BY: _______________________________ Fran Cook, Mayor ATTEST: ( S E A L ) ________________________________ Lu Berger, Town Clerk Published in the Middle Park Times on _______________________.    TOWN OF FRASER ORDINANCE NO. 391 Series 2012 AN ORDINANCE APPROVING AND ADOPTING AMENDED SUBDIVISION REGULATIONS OF THE TOWN OF FRASER. WHEREAS, pursuant to Colorado Revised Statutes, Title 31, Article 23, Part 2, the Planning Commission and Board of Trustees of the Town of Fraser are authorized to adopt and amend subdivision regulations applicable within the Town and to property within three (3) miles of the Town boundaries respecting a major street plan; and WHEREAS, the Fraser Planning Commission and Board of Trustees have previously adopted the Fraser Subdivision Regulations, as now contained in Chapter 17 of the Code of the Town of Fraser; and WHEREAS, the Planning Commission has held public hearings regarding proposed amended Subdivision Regulations and considered the comments of the public regarding said Regulations; and WHEREAS, the Planning Commission and Board of Trustees held a joint public hearing on November 2, 2011 concerning such proposed amended Regulations; and WHEREAS, the Planning Commission has approved and adopted such amended Subdivision Regulations, by Planning Commission Resolution No. 2011-11-01 subject to final approval by the Board of Trustees; and WHEREAS, the Board of Trustees has reviewed said amended Subdivision Regulations and believes the same are in the best interests of the citizens of the Town of Fraser, Colorado. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: PART 1: ADOPTION OF AMENDED SUBDIVISION REGULATIONS AND AMENDMENT OF TOWN CODE. 1.1 Chapter 17 of the Code of the Town of Fraser, Colorado (herein sometimes referred to as the "Town Code"), entitled SUBDIVISIONS, is hereby amended in its entirety by the adoption of the amended Subdivision Regulations set forth in Exhibit "A" attached hereto and incorporated herein by this reference. 1.2 Said amended Subdivision Regulations shall be applicable within the corporate limits of the Town of Fraser, Colorado, as such limits exist from time to time subsequent to adoption of this Ordinance, and also applicable, with respect to a major street plan, to property within three (3) miles of the corporate boundaries of the Town of Fraser, Colorado. 1.3 Said amended Subdivision Regulations shall be published in pamphlet form and made available to the public at cost. PART 2: 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 3: 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 4: 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 1st DAY OF FEBRUARY, 2012. Votes in favor: ___ BOARD OF TRUSTEES OF THE Votes opposed: ___ TOWN OF FRASER, COLORADO Votes abstained: ___ BY:________________________________ Fran Cook, Mayor ATTEST: ( S E A L ) _________________________________ Lu Berger, Town Clerk Published in the Middle Park Times on . - 2 - ARTICLE 4 Business District Section 16-4-10. Development Permits Required. for development. Preservation and Enhancing the physical appearance and improving the economic viabilityof 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 of that 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 applicable absolute policies and is allocated zero or a net positive score in a point analysis for how well it implements all relative policies. (Prior code 13-3-8) Section 16-4-20. Relationship to Other Provisions of this Code. A Development 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 to meet specific policies are provided as represented 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 Section 16-4-40. Development Permit Process. All applications for development permits within the Business District 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. f. Site 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. f. Recreational Vehicle (RV) parks, including the dumping of waste holding tanks from recreational vehicles and buses. 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 staff will 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" = (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- 5 section detail of the proposed swale with dimensions. Silt fences, sediment traps, catch basins 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. Section 16-4-90. Final Hearing Major Proposals. 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 6 not agree to comply with the specified conditions. (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 Commission shall 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 mailthe 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 7 Standards as adopted by the Town of Fraser. Refer to Chapter 14 of the Municipal Code. (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, 8 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. 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 Districtsshall 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 9 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 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 Planning Commission 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) Trees and shrubs need not be planted in a linear, spaced manner, but may be grouped togetherwhere 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. 10 (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 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 fixtures shall 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. e. Minimum spacing between fixture poles should not be less than 60 feet. f. 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). g. Fixtures located 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 facility lighting, 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 or searchlight. 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 11 sidewalks at the discretion of the Town. (3) A Lighting Plan shall be depicted on a site plan, indicating the location of each current and proposed outdoor lighting fixture with projected hours of use. The lighting plan should include a KEY to the proposed lighting that provides the following information: 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-- 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 of five 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 12 angled lighting directing the light downward. e. Fixtures located on buildings shall not be located above the eave line or above the top of 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 facility lighting, 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 discretion of 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. Maintenance shall 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 its parking in a manner that exceeds the minimum requirements of the Town. The Town will evaluate the 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 side of buildings and screened from public view by the use of fences, hedges, earthen berms or other appropriate 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 snow storage 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 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. 13 (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 of trees, shrubs and nonhazardous native plant materials generally should be limited to removal of those essential 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: North arrow. Property lines. Locations of existing and proposed structures on the site. Location of all existing and proposed hard surfaces. Location of existing natural features. 14 Table listing of botanical names, the common names and the planting sizes and quantities of all plantings. 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 but is 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 upon the 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 15 may be required. is encouraged. (b) Adequate space shall be provided within the development for the storage of snow. It 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). Possible points are 4 x (-2 to +2). The Town finds that it is in the public interest for all 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 characteristics of the Town. To accomplish this goal, new development is encouraged to meet a majority of the following design guidelines: (1) Building elements and materials. 16 a. False front facades capped by the use of a cornice element are desirable. Building facades should incorporate a variety of materials. 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. Section 16-4-280. 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. 17 (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 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 landscaping and other structural features approved by the Planning Commission. (4) All surface areas that will not be a hard surface shall be revegetated with adequate ground cover 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. TransitAlternate transportation. (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 and requirements of the project. Section 16-4-300.Energy conservation (relative). Possible points 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 be designed 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 18 developments install a pay phone. (Prior code 13-3-8) Sec.16-4-450. Minimum lot size (absolute). 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 of Divisions 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 19 the following process: (1) Pre-application conference. 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 20 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. 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 staffs 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 21 variance is the minimum variance necessary to accomplish the intended purposes; and 6. That the variance would not be out of harmony with the intent and purpose of this Division, this Chapter and all other ordinances and regulations of the Town. 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. 22 (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. 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. 23 (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. (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 24 reported annually to the Board of Trustees. f. Notwithstanding any other provisions of this Paragraph, during the period of the 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 25 condition of permit approval. c. Determination of a violation. A violation of either the noise or odor requirements of this 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 26 (PA) feet tall. (b) Landscaping requirements. (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 2012 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 c 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 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-permanentinstallation 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 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 fora 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 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 staffs 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 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. 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 staffs 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 o 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 thirty-two (32) 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 thirty-two (32) square feet. 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. 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 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 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. etween the hours of 9:00 PM and 7:00 AM daily. 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 l. Applications for sign permits containing an 34   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 determinecompliance 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. functioning in compliance with the above-described requirements, shall be turned off completely, until the sign is completely functional. o. 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 attention to a business establishment, provided that: Banners are displayed in conjunction with a grand opening celebration or a special event or a. 33   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%) ofthe 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 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 32   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 and/or renderings of the project. e. Such signs shall be removed within thirty (30) days after completion of the project. 31   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. Electronic Message Center (EMC) signs, except those permitted in Section 16-10-130 (12) Merchandise and Window Signs. 8. 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. 9. Any sign painted, erected and/or constructed upon, above or over the roof of any building. 10. 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. 11. 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. 12. 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. 13. Inflatable freestanding signs, tethered balloons and searchlights, except as allowed in Section 16- 10-190. 14. 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). 30   15. 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 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 for each vehicular entrance to or exit from the premises, 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. 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 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.). 3/    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. Upon approval of an MSP, all signage within the limits of the PD District shall comply with the 7. established design standards. 3.   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 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. 3-   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 2012 AN ORDINANCE AMENDING THE ZONING REGULATIONS OF THE TOWN OF FRASER, INCLUDING REGULATIONS 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 policyare 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. e. Recreational Vehicle (RV) parks, including the dumping of waste holding tanks from recreational vehicles and buses. (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. - 2 - 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: (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 __________________________, 2012. Votes in favor: ___ BOARD OF TRUSTEES OF THE - 3 - Votes opposed: ___ TOWN OF FRASER, COLORADO Votes abstained: ___ BY: ________________________________ Fran Cook, Mayor ATTEST: ( S E A L ) _________________________________ Lu Berger, Town Clerk Published in the Middle Park Times on ______________. - 4 - TOWN OF FRASER ORDINANCE NO. 393 Series 2012 AN ORDINANCE ADOPTING, AMENDING AND CONFIRMING VARIOUS FEES,RATES AND SCHEDULES APPLICABLE WITHIN THE TOWN OF FRASER. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: PART 1: FEES, RATES AND SCHEDULES. Appendix A, Chapters 1, of the Fraser Municipal Code is hereby amended to read as follows, and the fees, rates and schedules set forth in said Appendix are hereby approved and adopted by the Board of Trustees. (Note: additions are bold and Underlined shown in print; deletions are shown as strikethrough print) APPENDIX A FEE SCHEDULE NOTE: In the event of a conflict between the fees, costs, deposits, occupation taxes and other charges listed in this Appendix A and the text of any individual section of the Code, the provisions of the applicable section of the Code shall control. Municipal Code-Based Fees, Costs and Deposits Code SectionFee/ChargeAmount Chapter 11 1-3-70 Cash Deposit-Annexation $10,000.00 1-3-70 Cash Deposit-Major Subdivision $5,000.00 1-3-70 Cash Deposit-Major Development Permit $3,000.00 There shall be no other changes to Appendix A. PART 2: APPLICABILITY. Any new or amended fees or rates established by this Ordinance shall not apply to any complete application that has been filed along the appropriate fees prior to the effective date hereof. 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; and provided further, the fact that any fee, rate or schedule previously adopted by the Town of Fraser has been omitted from this Ordinance shall not operate as a repeal of such fee, rate or schedule, but the same shall remain in effect. 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 publication thereof as provided by law. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES st AND SIGNED THIS 1 DAY OF FEBRUARY, 2012. Votes in favor: TOWN OF FRASER, COLORADO Votes opposed: Votes abstained: Fran Cook, Mayor ATTEST: Lu Berger, Town Clerk Published in the Middle Park Times on ________________. Clerks Update February 1, 2012 I have sent our Mail Ballot plan to the State and I’m awaiting their approval. Nomination petitions thnd will be available on February 9, and must be returned by March 2. All petitions must be checked to ensure the petitions are valid so I encourage anyone wishing to run to return their nd petitions as soon as possible so any invalid signatures can be cured by the March 2 date. Candidate packets will be available with the petitions and will outline the rules and procedures. We are working on the audio and hope to have that installed soon. If you have any questions, please give me a call. Lu Finance Update: 02/01/2012 Prepared: 01/25/2012 Well I did not get seated as a Trustee for the Board at CEBT…some relief, but also a renewed interest to try again because I believe it would be very beneficial for the Town to have that Board level knowledge. My game plan will be to attend a few board meetings in the future so hopefully I will be the next “Small Employer” representative. Still plugging away at the year-end routines, and next week I will begin concentrating on the audit prep which will take me right to the end of February or I should say up until the auditors arrive on February 21st. As always I would encourage you to contact our auditors with any questions or concerns that you might have. Paul Backes of McMahan and Associates can be reached at 970- 845-8800, or via e-mail at: paul.backes@mcmahancpa.com The audit represents an outside assessment of our financial reporting and the systems and approaches used at the Town to generate those reports. The auditors “test” our systems – covering all aspects of the financial suite; General Ledger, Accounts Payable, Accounts Receivable, Payroll, Cash Receipting, Systems Management, Records Management and Utility Management. Paul is a wealth of knowledge, he audits a lot of municipal governments here in Colorado and he is always willing to compare and contrast our approaches to those of other local governments. As you have come to know, Paul is a really good guy, and I would encourage you all to utilize him as a resource. As election time rolls around, please feel free to contact me to set up a 2012 budget refresher if you feel that would be of benefit to you as a candidate. And of course I’d be glad to speak to any questions you might have regarding the finance side of the operations here in Fraser, i.e. revenues, expenses, utilities, funds, forecasting….anything! To end a positive note! Your November 2011 Sales Tax Report is attached; currently we are nearly $26,000 ahead of last year at this same time. We are still down 10% from our year end budget estimate, so that seems very achievable, while surpassing last year's sales tax collections looks like a very real possibility as well, and that will be a great way to close the books on 2011. I will be receiving December’s receipts in about two and a half weeks. Enclosed are the preliminary financial statements for December 2011 – they are “preliminary” due to the fact we are still charging back expenses to 2011 and are still receiving revenue earned in 2011. All charge backs and receipts should be in by the audit date, and with the audit entries I will produce the final statements for December 2011 at that time, but they are darn close as is (the largest difference will be in revenue – sales tax as discussed above). As always please contact me with any questions or concerns you might have: 726-5491 X206 or . atnhavens@town.fraser.co.us Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com Nat Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com PLANT 0 M EXPENDITURES 40 -85 -110 Salaries 40 -85 -210 Health Insurance 40 -85 -220 FICA Tax 40 -85 -230 Retirement 40 -85 -250 Unemployment Tax 40 -85 -260 Workers Comp Claims 40 -85 -280 Training Programs 40 -85 -290 Travel Meals and Lodging 40 -85 -295 Meals Local Business 40 -85 -310 Legal Fees 40 -85 -320 Audit Fee 40 -85 -330 Engineering Fees 40 -85 -340 Financial Services 40 -85 -350 Sludge Removal 40 -85 -370 Professional Services 40 -85 -375 Reimbursable Prof Services 40- 85-410 Bank Charges 40 -85 -430 Insurance Plant 40 -85 -440 Advertising 40- 85-460 Plant Maintenance and Repair 40 -85 -475 Grounds Maintenance 40- 85-480 Equipment Rental 40- 85-490 Professional Memberships 40 -85 -500 Operating Supplies 40 -85 -506 Operating Supplies Chemicals 40 -85 -510 Equipment Purchase and Repair 40 -85 -520 Testing 40 -85 -525 Permits 40 -85 -550 Postage 40 -85 -560 Utilities Telephone 40 -85 -562 Utilities Electricity 40 -85 -565 Utilities Natural Gas 40 -85 -567 Utilities Plant Generator 40 -85 -569 Utilities Trash Removal 40 -85 -650 Vehicle Expenses 40 -85 -690 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 TOTAL FUND EXPENDITURES Joint Facilities Fund Expenditures with Comparison to Budget 12/31/2011 YTD ACTUAL BUDGET UNEXPENDED 141, 979.86 24, 948.88 10, 379.05 5,679.15 425.96 1,299.25 441.61 168,000.00 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 4,222.35 3,800.00 2,535.17 40,672.18 65,000.00 4,317.00 36,500.00 13,830.52 100.00 30,534.63 25,000.00 662.40 12,500.90 40,000.00 2,000.00 500.00 72.00 500.00 3,322.97 20,000.00 69,439.20 65,000.00 4,637.76 20,000.00 35,438.09 37,000.00 3,494.09 25,000.00 2,360.29 5,500.00 94,785.89 90,000.00 4,647.76 9,000.00 1,000.41 2,500.00 1,673.61 3,500.00 4,418.07 6,000.00 680.00 1,000.00 524,199.05 732,827.00 34,519.03 330,000.00 295,480.97 16,437.06 20,000.00 3,562.94 50,956.09 350,000.00 299,043.91 575,155.14 1, 082, 827.00 26, 020.14 18,272.12 2,202.95 1,040.85 78.04 700.75 1,558.39 200.00 1,777.65 3,700.00 27,464.83 24, 327.82 32,183.00 (13,830.52) 100.00 (5,534.63) (662.40) 27,499.10 2,000.00 500.00 428.00 16,677.03 (4,439.20) 15,362.24 1,561.91 21,505.91 3,139.71 (4,785.89) 4,352.24 1,499.59 1,826.39 1,581.93 320.00 84.5% 57.7% 82.5% 84.5% 84.5% 0.0% 65.0% 22.1% 0.0% 70.4% 50.7% 8.5% 0.0% 62.6% 11.8% 0.0% 0.0% 122.1% 0.0% 31.3% 0.0% 0.0% 14.4% 16.6% 106.8% 23.2% 95.8% 14.0% 0.0% 42.9% 105.3% 51.6% 40.0% 47.8% 73.6% 68.0% 208,627.95 71.5% 10.5% 0.0% 82.2% 14.6% 507,671.86 53.1% PCNT 166 817 1 991- I ez E- ILE't 19Z 0 190 E 6 10t Z- 1£8.0 106' 9E 1 E- 1zt s- 1E6'SZ 1 i0 /Ala# 166'6 166'6 1EZ'E- Ii 66`7 600`0 6 17Z6`6 L81 E86`L 179Z Z99`6 ZZ9`Z £86`6 OZ9`OL 889`E 868`7 OZL`LZ 178,147 50,0001 9Z17' Z91, 50,000 EEL' 6£ 6$ $132,193 8ii 969'6Z 6$ 6 99`9£ 6$ 6ZE`i9 6$ 68 6`00 6$ L96`EL$ 98£`60 6$ O ZE`Z17 6 08E` 666$ $108,044 $90,443 888`90 6$ 0$ 09E`9L 6$ 0 179`ELE` 6$ $1,550,000 09E`9L 6$ 8E' 6 6 1 6 69`6£6$ 1 8£6`6176$ 1i, 1 $157,146 1 $100,453 6Z9`E8$ 1 800`Z66$ 1 LE6` 1 i, 09L`0Z6$ 1 ZEL` 1 i, 1 $95,341 1 $134,608 1 $178,147 Z917 1 990`929' 6$ 1 000'009' 6$ 1 9£6`EL$ 1 Z917 1 Z9'6Z 9E' 0 6 Z0 ZZ' 8 69' 7 176' 9 176' E L E' E 17 6' 6Z ZE' 7 9 6 69'EE 90'6E 196Z EZ'L 00' 0 1965`96 1906 `7 1760`£ 14,451 6EL`Z6 L 66`Z6 Z6L 996'17 15,8451 6SL`17 666SE 6Z8`7 60 6`E 6 917£917 [CC' 99 17 66617 6 OL6`8 6 6 O $83,459 250`0 6 6$ L 1717` 0 6 6 69`6£6$ 8E1: 6176$ $157,146 917`00 6 6Z9' £8$ 800`2 6 6$ L E 6 617 09L`OZ 6$ Z EE 6 6 6 $95,341 8 09`7£ 6 $178,147 9 £659 6$ 1 990`929' 6$ 000'009' 6$ 9£6`EL$ Z917 ESE`L$ 1 OL6`ES6$ 1 698`£96$ 1 £90`0L 1 996 1 1765`88$ 1 1 $116,422 1 $145,896 69 1 6 99`96 6$ 1 1 $108,450 E9Z`68$ 1 1 $233,478 176' E 1 $1,645,035 000`009` 6$ 1 sc0`sf$ 1 68'Z 1 176' 69 179 6 6'S L 17' 6 98' 14 SE'Z6 6S'L 6 L81 6'E 66'Z6 60' ZE 917' ZZ L8' 6 95£`0 6 60'6 00'0 79,839 656 6 68`E 99 ['CC £86 L L60' 9 15,623 5176`0 6 E81 11,489 8L6`7 Z6Z 6 Z08`iE 20,040 1790`EZ $115,639 17176`Z9 6 O $127,186 $114,357 ESE`L$ OL6`ES 6$ $153,869 E90`0L 6$ 9 9690 6 $88,594 Z Z17`9 6 6 968'917[$ 6 96`99 6$ 6 9996 6 0517`80 6$ E9Z`68$ $233,478 11 $154,461 $1,645,035 000'009' 6$ $45,035 68'2 iCS`E$ 1 1 1 $187,135 Z98`696$ 1 096`986$ 1 88L`OZ6$ 11 6£9`66$ 1 506`9£6$ 1 1 $157,385 6Z6`096$ 1 ELL`0E6$ 1 Z9Z`E176$ 11 £0£`60 1 iZi`06Z$ 1 6L6'L08' 6$ 1 000'009' 6$ 1 <1 6L6`LOZ$ 1 <1 00'E 6 1 <1 1 Z5' E 108'Z 6 19E0 108'0 6 18171 169 E 15 ii'6 169'5£ 1 99.0 1 LL'0- 1E9'6E 1 i0 /Ala# 166'6 1EZ'E- Ii 66`7 16Z6`96 1962` 6 1 666` 6 6 1068`5- 1962`17 1090`2 1956`89 15L6`E 1Z69 165E`Z17 16L 6`E8 6 117Zii` Z91, 50,0001 EEL' 6£ 6$ $132,193 $159,740 Z 860 6 6 6 179` L L 8 9Z` 6 6 O ZE`Z17 6 08E` 666$ $108,044 $90,443 888`90 6$ 0$ 0 179`ELE` 6$ $1,550,000 09E`9L 6$ 8E' 6 6 1 $134,819 1 $149,114 tZS`856$ 066`86$ 1 1 $83,459 250`066$ 1 09Z`0176$ 1 iZZ`EZ 6$ 1 690`1706$ 1 9E1: 66$ 1 1 $149,247 [L [`£8[$ 1 590`925` 6$ 1 000'009' 6$ 1 9£6`EL$ 1 Z917 1 6E14 176'0 L[17 LL 9[ 88'9 80'9 65' 6 96'E 6 6 Z' ZZ 81 9 0 6 99'8 EZ'L 00' 0 196Z 16017` 6 16 69`9- 1965`96 1906 `7 IL85`5 19ZZ`Z 1 ZZZ` 9 6 23,1171 1 ZZZ` cZ- 1990`9 6 15,8451 10L6'814 O $134,819 17 66617 6 1729`85 6$ 066`86$ $83,459 250`0 6 6$ 09Z`017[$ 17 ZZ`EZ 6 690`170 6$ 9E1: 66$ $149,247 6L6`E86$ 590`925` 6$ 000'009' 6$ 9£6`EL$ Z917 EZS`0S 6$ 1 9 £659 6$ 1 L85`566$ 1 59£`88$ 1 1 $115,639 1 $142,486 1 $139,446 1 $127,186 1 $114,357 686`££6$ 960`666$ 1 $1,645,035 000`009` 6$ 1 sc0`sf$ 1 68'Z 1 98 8L 9Z'76 176' E ZL' 6 6 178' L 6 017'8 9Z'L9 Z9'9 ZZ'66 06'86 81;9 60'6 00'0 617 6 ZC 17E5`EZ 6175 `17 95£`0 6 0E9`0Z 9L6` 6 6 79,839 656 12,836 24,109 96Z`Z6 17176`Z9 6 O 17 66`175 6 EZS`09 6$ 9 699 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 69Z`9E 6$ 11 11 $154,461 58Z`66Z$ 11 1 1 $120,035 OZS` [0[$ 1 ZL0`606$ 11 Z$ 1 6L6'L08' 6$ 1 000'009' 6$ 1 6L6`LOZ$ 1 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 DECEMBER 31, 2011 37,637.68 6,558,242.22 6,595,879.90 6,595,879.90) TOTAL UNALLOCATED CASH .00 10 ALLOCATION TO GENERAL FUND 2,908,418.81 20 ALLOCATION TO CONSERVATION TRUST FUND 25,495.67 30 ALLOCATION TO CAPITAL EQUIP REPLACEMENT FUND 404,289.42 32 ALLOCATION TO CAPITAL ASSET FUND 59,299.59 35 ALLOCATION TO FREP FUND .28 40 ALLOCATION TO DEBT SERVICE FUND 708,921.48 50 ALLOCATION TO WATER FUND 445,510.63 55 ALLOCATION TO WASTEWATER FUND 2,032,311.67 70 ALLOCATION TO PETERSEN TRUST 11,632.35 6,595,879.90 6,595,879.90) ZERO PROOF IF ALLOCATIONS BALANCE .00 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 1 ASSETS TOWN OF FRASER BALANCE SHEET DECEMBER 31, 2011 GENERAL FUND 10 -10100 CASH COMBINED FUND 2,908,418.81 10 -11100 PROPERTY TAXES RECEIVABLE 268,139.00 10 -11550 ACCTS REC BILLINGS 41,356.05 10 -12000 ALLOWANCE FOR DOUBTFUL ACCTS. 24,765.80) 10 -12500 FORFETURES DUE TOF FROM CCOERA 1,275.85) TOTAL ASSETS 3,191,872.21 LIABILITIES AND EQUITY LIABILITIES 10 -21740 UNEMPLOYMENT TAXES PAYABLE 86.28) 10 -21760 HEALTH INSURANCE PAYABLE 2,597.64 10 -21773 DEPENDENT CARE PAYABLE 1,679.60) 10 -21775 FLEX HEALTH PLAN PAYABLE 8,527.66 10 -22210 DEFERRED TAXES 268,139.35 10 -22920 SUBDIVISION IMP SECURITY DEP 59,815.00 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 351,563.77 FUND EQUITY 10 -27000 RESFUND BAL SAVINGS 750,000.00 10 -27100 RESTRICTED FUND BALANCE 223,805.00 UNAPPROPRIATED FUND BALANCE: REVENUE OVER EXPENDITURES YTD 1,866,503.44 BALANCE CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY FOR ADMINISTRATION USE ONLY 1,866,503.44 2,840,308.44 3,191,872.21 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 2 TAXES TOTAL TAXES LICENSES PERMITS 10 -32 -100 BUSINESS LICENSE FEES 10 -32 -110 LIQUOR LICENSE FEES TOTAL LICENSES PERMITS CHARGES FOR SERVICES 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 12 MONTHS ENDING DECEMBER 31, 2011 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT 10 -31 -100 GENERAL FUND PROPERTY TAX 1,727.30 268,530.46 250,000.00 18,530.46) 107.4 10 -31 -200 SPECIFIC OWNERSHIP TAX 667.70 8,551.25 8,000.00 551.25) 106.9 10 -31 -300 MOTOR VEHICLE TAX 409.00 4,113.50 4,000.00 113.50) 102.8 10 -31 -400 TOWN SALES TAX 90,444.33 1,266,793.81 1,550,000.00 283,206.19 81.7 10 -31 -410 USE TAX BUILDING MATERIALS .00 80,935.65 15,000.00 65,935.65) 539.6 10 -31 -420 USE TAX MOTOR VEHICLE SALES 3,000.83 39,218.99 20,000.00 19,218.99) 196.1 10 -31 -430 STATE CIGARETTE TAX 473.05 3,971.14 6,500.00 2,528.86 61.1 10 -31 -800 FRANCHISE FEES 1,369.11 34,417.54 40,000.00 5,582.46 86.0 98,091.32 1,706,532.34 1,893,500.00 186,967.66 90.1 200.00) 8,520.00 13,000.00 4,480.00 65.5 .00 5,253.75 1,500.00 3,753.75) 350.3 200.00) 13,773.75 14,500.00 726.25 95.0 10 -34 -100 ANNEXATION FEES .00 40.00 1,000.00 960.00 4.0 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 40.00 860.00 1,000.00 140.00 86.0 40.00 23,971.45 198.29 880.00 1,546.75 60.00 3,459.32 12,250.00 53,788.23 38,289.59 2,685.04 107,787.14 5,000.00 18,971.45) 479.4 8,000.00 4,540.68 43.2 9,000.00 3,250.00) 136.1 75,000.00 21,211.77 71.7 35,000.00 3,289.59) 109.4 127,000.00 19,212.86 84.9 .00 27,714.00 50,000.00 22,286.00 55.4 .00 2,228,062.26 2,167,405.00 60,657.26) 102.8 .00 2,255,776.26 2,217,405.00 38,371.26) 101.7 100,616.36 4,107,840.94 4,257,405.00 149,564.06 96.5 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 3 TOWN BOARD TOTAL TOWN BOARD FOR ADMINISTRATION USE ONLY TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31, 2011 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 10 -41 -110 SALARIES 4,120.00 20,470.00 26,000.00 5,530.00 78.7 10 -41 -220 FICA TAX 315.18 1,565.97 1,989.00 423.03 78.7 10 -41 -280 TRAINING PROGRAMS .00 689.83 2,000.00 1,310.17 34.5 10 -41 -290 TRAVEL, MEALS AND LODGING 444.00 1,547.32 3,000.00 1,452.68 51.6 10 -41 -295 MEALS AND ENTERTAINMENT 2,871.93 6,912.87 6,000.00 912.87) 115.2 10 -41 -690 MISCELLANEOUS EXPENSE 707.00 2,390.90 2,500.00 109.10 95.6 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 31,528.00 378,336.00 375,000.00 3,336.00) 100.9 10 -41 -863 STREET LIGHTING AND SIGNALS 1,115.48 12,098.86 18,000.00 5,901.14 67.2 10 -41 -864 SPECIAL EVENTS .00 10,000.00 10,000.00 .00 100.0 10 -41 -866 WOOD STOVE REBATES .00 .00 1,000.00 1,000.00 .0 10 -41 -867 CHAMBER OF COMMERCE -IGA .00 72,922.44 51,615.00 21,307.44) 141.3 10 -41 -868 WINTER SHUTTLE IGA .00 37,925.58 48,000.00 10,074.42 79.0 10 -41 -870 BUSINESS DIST STREETSCAPE 27.42 692.92 .00 692.92) .0 10 -41 -871 BUSINESS ENHANCEMENT PROGRAMS .00 4,654.00 15,000.00 10,346.00 31.0 41,129.01 559,206.69 577,604.00 18,397.31 96.8 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 4 ADMINISTRATION TOTAL ADMINISTRATION FOR ADMINISTRATION USE ONLY TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31, 2011 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 10 -45 -110 SALARIES 21,028.91 199,595.51 215,250.00 15,654.49 92.7 10 -45 -210 HEALTH INSURANCE .00 32,040.66 40,482.00 8,441.34 79.2 10 -45 -220 FICA TAX 1,490.41 14,160.98 16,467.00 2,306.02 86.0 10 -45 -230 RETIREMENT 830.39 7,843.72 8,610.00 766.28 91.1 10 -45 -250 UNEMPLOYMENT TAX 63.08 598.58 646.00 47.42 92.7 10 -45 -280 TRAINING PROGRAMS .00 409.50 4,000.00 3,590.50 10.2 10 -45 -290 TRAVEL, MEALS AND LODGING .00 57.27 4,000.00 3,942.73 1.4 10 -45 -295 MEALS AND ENTERTAINMENT 47.71 2,071.48 3,000.00 928.52 69.1 10 -45 -310 LEGAL FEES 83,223.30 126,842.70 50,000.00 76,842.70) 253.7 10 -45 -320 AUDIT FEES .00 14,370.00 18,000.00 3,630.00 79.8 10 -45 -330 ENGINEERING FEES .00 10,089.31 5,000.00 5,089.31) 201.8 10 -45 -360 COMPUTERS NETWORKS AND SUPPORT 1,721.95 24,666.26 30,000.00 5,333.74 82.2 10 -45 -370 OTHER PROFESSIONAL SERVICES 1,020.00 16,201.25 40,000.00 23,798.75 40.5 10 -45 -375 REIMBURSABLE PROF SERVICES 110.00 36,477.37 75,000.00 38,522.63 48.6 10 -45 -380 JANITORIAL SERVICES 620.00 7,851.46 13,125.00 5,273.54 59.8 10 -45 -385 TREASURERS FEES 34.55 5,371.96 7,500.00 2,128.04 71.6 10 -45 -395 RECORDING FEES .00 .00 1,000.00 1,000.00 .0 10 -45 -410 BANK CHARGES 35.50 572.30 600.00 27.70 95.4 10 -45 -420 ELECTIONS .00 .00 2,500.00 2,500.00 .0 10 -45 -430 INSURANCE ALL DEPARTMENTS .00 34,898.27 48,000.00 13,101.73 72.7 10 -45 -440 ADVERTISING 252.48 843.82 1,500.00 656.18 56.3 10 -45 -490 PROFESSIONAL MEMBERSHIPS 55.00 5,838.49 7,500.00 1,661.51 77.9 10 -45 -500 OPERATING SUPPLIES 1,574.77 10,394.61 16,000.00 5,605.39 65.0 10 -45 -510 EQUIPMENT PURCHASE AND REPAIR .00 790.44 20,000.00 19,209.56 4.0 10 -45 -550 POSTAGE 371.00 1,485.98 3,000.00 1,514.02 49.5 10 -45 -560 UTILITIES TELEPHONE 649.58 5,270.80 8,500.00 3,229.20 62.0 10 -45 -561 UTILITIES NATURAL GAS 876.92 3,766.24 6,200.00 2,433.76 60.8 10 -45 -562 UTILITIES ELECTRICITY 565.19 4,901.90 7,000.00 2,098.10 70.0 10 -45 -569 UTILITIES TRASH REMOVAL 100.00 1,138.94 2,000.00 861.06 57.0 10 -45 -670 PROP MGMT 117 EISENHOWER DR 1,765.15 12,655.14 25,000.00 12,344.86 50.6 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 206.93 5,197.20 12,000.00 6,802.80 43.3 10 -45 -674 PROP MGMT 200 EISENHOWER DR 100.68 1,521.40 2,000.00 478.60 76.1 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 .00 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) 100.0 116,743.50 674,802.39 774,485.00 99,682.61 87.1 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 5 PUBLIC WORKS TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31, 2011 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 10 -60 -110 SALARIES 20,169.48 286,839.72 346,500.00 59,660.28 82.8 10 -60 -210 HEALTH INSURANCE .00 51,405.59 60,000.00 8,594.41 85.7 10 -60 -220 FICA TAX 1,436.85 20,578.59 26,507.00 5,928.41 77.6 10 -60 -230 RETIREMENT 806.79 10,680.56 13,860.00 3,179.44 77.1 10 -60 -250 UNEMPLOYMENT TAX 60.50 860.44 1,040.00 179.56 82.7 10 -60 -280 TRAINING PROGRAMS 105.35 942.29 2,000.00 1,057.71 47.1 10 -60 -290 TRAVEL, MEALS AND LODGING 16.10 131.19 2,000.00 1,868.81 6.6 10 -60 -295 MEALS AND ENTERTAINMENT 135.90 549.79 500.00 49.79) 110.0 10 -60 -330 ENGINEERING FEES 3,701.21 32,680.46 20,000.00 12,680.46) 163.4 10 -60 -370 OTHER PROFESSIONAL SERVICES 295.00 5,209.50 2,500.00 2,709.50) 208.4 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 5,550.13 69,284.56 65,000.00 4,284.56) 106.6 10 -60 -506 PLANTS /PLANTER SUPPLIES 96.95 6,973.99 10,000.00 3,026.01 69.7 10 -60 -510 EQUIPMENT PURCHASE AND REPAIR 3,900.31 32,041.74 40,000.00 7,958.26 80.1 10 -60 -560 UTILITIES TELEPHONE 234.17 1,573.09 3,000.00 1,426.91 52.4 10 -60 -561 UTILITIES NATURAL GAS 1,091.83 4,496.25 7,500.00 3,003.75 60.0 10 -60 -562 UTILITIES ELECTRICITY 162.64 1,669.07 3,500.00 1,830.93 47.7 10 -60 -569 UTILITIES TRASH REMOVAL 52.08 835.83 2,500.00 1,664.17 33.4 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 37.24 37.24 35,000.00 34,962.76 .1 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 3.14 188.14 500.00 311.86 37.6 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 620.72 5,052.47 8,000.00 2,947.53 63.2 10 -60 -680 PROP MGMT GARDNER SHED .00 40.00 .00 40.00) .0 10 -60 -681 PROP MGMT COZENS RANCH PARK 130.00 3,548.34 10,000.00 6,451.66 35.5 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 1,487.68 2,950.18 5,000.00 2,049.82 59.0 10 -60 -725 STREET IMPROVEMENTS 161.70 27,878.53 10,000.00 17,878.53) 278.8 TOTAL PUBLIC WORKS WALK THROUGH HISTORY PARK 10 -65 -110 SALARIES .00 6,071.93 .00 6,071.93) .0 10 -65 -370 OTHER PROFESSIONAL SERVICES .00 361.97 .00 361.97) .0 10 -65 -380 JANITORIAL SERVICES 400.00 2,062.97 .00 2,062.97) .0 10 -65 -500 OPERATING SUPPLIES .00 13.04 .00 13.04) .0 10 -65 -560 UTILITIES TELEPHONE 40.37 483.20 1,000.00 516.80 48.3 10 -65 -561 UTILITIES NATURAL GAS 103.07 364.13 .00 364.13) .0 10 -65 -562 UTILITIES ELECTRICITY 68.62 517.07 .00 517.07) .0 10 -65 -670 PROP MGMT 120 ZEREX 208.12 2,327.22 2,000.00 327.22) 116.4 TOTAL WALK THROUGH HISTORY PARK FOR ADMINISTRATION USE ONLY 40,255.77 571,259.89 700,907.00 129,647.11 81.5 820.18 12,201.53 3,000.00 9,201.53) 406.7 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 6 TRANSFERS TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 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 50,000.00 50,000.00 .00 100.0 10 -90 -935 TRANSFER TO CAF .00 100,000.00 100,000.00 .00 100.0 10 -90 -940 TRANSFER TO DEBT SERVICE FUND .00 246,153.00 247,250.00 1,097.00 99.6 10 -90 -950 TRANSFER TO WATER FUND .00 .00 23,000.00 23,000.00 .0 10 -90 -960 TRANSFER TO FREP .00 27,714.00 50,000.00 22,286.00 55.4 TOTAL TRANSFERS .00 423,867.00 505,250.00 81,383.00 83.9 FISCAL AGENT 10 -95 -110 SALARIES 4,800.04) .00 .00 .00 .0 10 -95 -210 HEALTH INSURANCE 1,827.06) .00 .00 .00 .0 10 -95 -220 FICA TAX 347.18) .00 .00 .00 .0 10 -95 -230 RETIREMENT 192.00) .00 .00 .00 .0 10 -95 -250 UNEMPLOYMENT TAX 14.40) .00 .00 .00 .0 TOTAL FISCAL AGENT 7,180.68) .00 .00 .00 .0 TOTAL FUND EXPENDITURES 191,767.78 2,241,337.50 2,561,246.00 319,908.50 87.5 NET REVENUE OVER EXPENDITURES 91,151.42) 1,866,503.44 1,696,159.00 170,344.44) 110.0 FOR ADMINISTRATION USE ONLY 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 7 ASSETS LIABILITIES AND EQUITY FUND EQUITY FOR ADMINISTRATION USE ONLY TOWN OF FRASER BALANCE SHEET DECEMBER 31, 2011 CONSERVATION TRUST FUND 20 -10100 CASH COMBINED FUND 25,495.67 TOTAL ASSETS 25,495.67 UNAPPROPRIATED FUND BALANCE: REVENUE OVER EXPENDITURES -YTD 25,495.67 BALANCE CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY 25,495.67 25,495.67 25,495.67 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 8 REVENUE TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31, 2011 CONSERVATION TRUST FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT 20 -30 -100 CONS TRUST (LOTTERY) PROCEEDS 1,298.13 4,682.45 5,900.00 1,217.55 79.4 20 -30 -800 INTEREST EARNINGS 1.73 49.86 60.00 10.14 83.1 20 -30 -999 CARRYOVER BALANCE .00 48,477.36 49,388.00 910.64 98.2 TOTAL REVENUE 1,299.86 53,209.67 55,348.00 2,138.33 96.1 TOTAL FUND REVENUE 1,299.86 53,209.67 55,348.00 2,138.33 96.1 FOR ADMINISTRATION USE ONLY 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 9 EXPENDITURES TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31, 2011 CONSERVATION TRUST FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 20 -40 -910 TRANSFER TO GENERAL FUND .00 27,714.00 50,000.00 22,286.00 55.4 TOTAL EXPENDITURES .00 27,714.00 50,000.00 22,286.00 55.4 TOTAL FUND EXPENDITURES .00 27,714.00 50,000.00 22,286.00 55.4 NET REVENUE OVER EXPENDITURES FOR ADMINISTRATION USE ONLY 1,299.86 25,495.67 5,348.00 20,147.67) 476.7 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 10 ASSETS LIABILITIES AND EQUITY FUND EQUITY FOR ADMINISTRATION USE ONLY TOWN OF FRASER BALANCE SHEET DECEMBER 31, 2011 CAPITAL EQUIP REPLACEMENT FUND 30 -10100 CASH COMBINED FUND 404,289.42 TOTAL ASSETS 404,289.42 UNAPPROPRIATED FUND BALANCE: REVENUE OVER EXPENDITURES -YTD 404,289.42 BALANCE CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY 404,289.42 404,289.42 404,289.42 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 11 REVENUE TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31, 2011 CAPITAL EQUIP REPLACEMENT FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT 30 -30 -100 HWY USE TAX PROCEEDS .00 38,103.44 42,420.00 4,316.56 89.8 30 -30 -800 INTEREST EARNINGS 25.89 336.50 550.00 213.50 61.2 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 50,000.00 50,000.00 .00 100.0 30 -30 -920 TRANSFER FROM UTILITY FUNDS .00 20,000.00 20,000.00 .00 100.0 30 -30 -999 CARRYOVER BALANCE .00 295,849.48 292,518.00 3,331.48) 101.1 TOTAL REVENUE 25.89 404,289.42 440,488.00 36,198.58 91.8 TOTAL FUND REVENUE FOR ADMINISTRATION USE ONLY 25.89 404,289.42 440,488.00 36,198.58 91.8 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 12 EXPENDITURES TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 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 25.89 404,289.42 375,488.00 28,801.42) 107.7 FOR ADMINISTRATION USE ONLY 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 13 ASSETS LIABILITIES AND EQUITY FUND EQUITY FOR ADMINISTRATION USE ONLY TOWN OF FRASER BALANCE SHEET DECEMBER 31, 2011 CAPITAL ASSET FUND 32 -10100 CASH COMBINED FUND 59,299.59 TOTAL ASSETS 59,299.59 UNAPPROPRIATED FUND BALANCE: REVENUE OVER EXPENDITURES -YTD 59,299.59 BALANCE CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY 59,299.59 59,299.59 59,299.59 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 14 CAPITAL ASSET REVENUE TOTAL FUND REVENUE FOR ADMINISTRATION USE ONLY TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31, 2011 CAPITAL ASSET FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT 32 -30 -800 INTEREST EARNINGS 3.88 137.89 375.00 32 -30 -910 TRANSFER IN FROM GENERAL FUND .00 100,000.00 100,000.00 32 -30 -999 CARRYOVER FUND BALANCE .00 150,586.08 150,575.00 TOTAL CAPITAL ASSET REVENUE 3.88 250,723.97 250,950.00 3.88 250,723.97 237.11 36.8 .00 100.0 11.08) 100.0 226.03 99.9 250,950.00 226.03 99.9 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM 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 12 MONTHS ENDING DECEMBER 31, 2011 CAPITAL ASSET FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 2,490.00 2,490.00 2,490.00 191,424.38 2,486.12) 59,299.59 191,424.38 250,000.00 191,424.38 250,000.00 58,575.62 76.6 58,575.62 76.6 250,000.00 58,575.62 76.6 950.00 58,349.59) 6242.1 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 16 ASSETS LIABILITIES AND EQUITY FUND EQUITY FOR ADMINISTRATION USE ONLY TOWN OF FRASER BALANCE SHEET DECEMBER 31, 2011 FREP FUND 35 -10100 CASH COMBINED FUND .28 TOTAL ASSETS .28 UNAPPROPRIATED FUND BALANCE: REVENUE OVER EXPENDITURES -YTD .28 BALANCE CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY .28 .28 .28 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 17 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 12 MONTHS ENDING DECEMBER 31, 2011 FREP FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT .00 .00 610,000.00 610,000.00 .0 .00 27,714.00 50,000.00 22,286.00 55.4 .00 27,714.00 660,000.00 632,286.00 4.2 .00 27,714.00 660,000.00 632,286.00 4.2 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 18 TOWN OF FRASER EXPENSES TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31, 2011 FREP FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 35 -50 -440 F/WP TRAIL LINK CONSTRUCTION .00 27,713.72 260,000.00 232,286.28 10.7 35 -50 -450 LIONS FISH PONDS IMPROVEMENTS .00 .00 400,000.00 400,000.00 .0 TOTAL TOWN OF FRASER EXPENSES .00 27,713.72 660,000.00 632,286.28 4.2 TOTAL FUND EXPENDITURES .00 27,713.72 660,000.00 632,286.28 4.2 NET REVENUE OVER EXPENDITURES .00 .28 .00 .28) .0 FOR ADMINISTRATION USE ONLY 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 19 ASSETS TOWN OF FRASER BALANCE SHEET DECEMBER 31, 2011 DEBT SERVICE FUND 40 -10100 CASH COMBINED FUND 708,921.48 40 -11100 PROPERTY TAXES RECEIVABLE 80,000.00 TOTAL ASSETS 788,921.48 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 29,563.48 BALANCE CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY FOR ADMINISTRATION USE ONLY 29,563.48 80,000.00 708,921.48 788,921.48 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 20 REVENUE TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31, 2011 DEBT SERVICE FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT 40 -30 -100 PROPERTY TAX 515.38 80,122.20 80,000.00 122.20) 100.2 40 -30 -200 SPECIFIC OWNERSHIP TAX 199.23 2,561.19 4,000.00 1,438.81 64.0 40 -30 -800 INTEREST EARNINGS 45.31 680.72 3,500.00 2,819.28 19.5 40 -30 -910 TRANSFER IN FROM GENERAL FUND .00 246,153.00 247,250.00 1,097.00 99.6 TOTAL REVENUE 759.92 329,517.11 334,750.00 5,232.89 98.4 TOTAL FUND REVENUE FOR ADMINISTRATION USE ONLY 759.92 329,517.11 334,750.00 5,232.89 98.4 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 21 EXPENDITURES TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31, 2011 DEBT SERVICE FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 40 -40 -385 TREASURERS FEES GO BOND 10.31 1,602.87 2,000.00 397.13 80.1 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 35,000.00 35,000.00 .00 100.0 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 10,587.50 15,856.00 5,268.50 66.8 40 -40 -821 BOND INTEREST 98 GO ISSUE .00 15,856.26 13,976.00 1,880.26) 113.5 40 -40 -822 BOND INTEREST 98 S &U ISSUE .00 70,565.00 70,565.00 .00 100.0 40 -40 -850 BOND AGENT FEES .00 1,342.00 2,500.00 1,158.00 53.7 40 -40 -910 TRANSFER TO DSF RESERVES .00 .00 29,853.00 29,853.00 .0 TOTAL EXPENDITURES 10.31 299,953.63 334,750.00 34,796.37 89.6 TOTAL FUND EXPENDITURES 10.31 299,953.63 334,750.00 34,796.37 89.6 NET REVENUE OVER EXPENDITURES 749.61 29,563.48 .00 29,563.48) .0 FOR ADMINISTRATION USE ONLY 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 22 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 DECEMBER 31, 2011 WATER FUND 50 -10100 CASH COMBINED FUND 445,510.63 50 -11500 NR CUSTOMER SERVICE CHARGES 156,446.33 50 -11550 NR BILLINGS 345.00 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 12,860,933.65 50 -21100 ACCRUED PTO AND BENEFITS 8,138.49 50 -22910 ROAD CUT SURITY FEES 3,515.00 TOTAL LIABILITIES 11,653.49 50 -27000 RESFUND BAL 0 M 200,000.00 12,169,232.23 480,047.93 12,649,280.16 12,849,280.16 12,860,933.65 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 23 LICENSES PERMITS 50 -32 -100 EXCAVATION PERMIT FEES TOTAL LICENSES PERMITS CHARGES FOR SERVICES 50 -34 -100 CUSTOMER SERVICE CHARGES 149,191.49 606,451.70 604,359.00 2,092.70) 100.4 50 -34 -150 PENALTIES INTEREST 1,064.37 7,259.06 1,000.00 6,259.06) 725.9 50 -34 -200 PLANT INVESTMENT FEES .00 .00 8,000.00 8,000.00 .0 50 -34 -300 WATER METER SALES 295.20 6,292.45 1,000.00 5,292.45) 629.3 TOTAL CHARGES FOR SERVICES MISCELLANEOUS REVENUE 50 -36 -100 INTEREST EARNINGS 50 -36 -900 MISCELLANEOUS REVENUE TOTAL MISCELLANEOUS REVENUE OTHER SOURCES TRANSFERS 50 -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 12 MONTHS ENDING DECEMBER 31, 2011 WATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT .00 550.00 200.00 350.00) 275.0 .00 550.00 200.00 350.00) 275.0 150,551.06 620,003.21 30.21 360.00 464.23 4,405.60 390.21 4,869.83 614,359.00 5,644.21) 100.9 1,000.00 5,000.00 535.77 46.4 594.40 88.1 6,000.00 1,130.17 81.2 .00 427,418.00 299,665.00 127,753.00) 142.6 .00 427,418.00 299,665.00 127,753.00) 142.6 150,941.27 1,052,841.04 920,224.00 132,617.04) 114.4 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 24 EXPENDITURES TOTAL EXPENDITURES TOTAL FUND EXPENDITURES NET REVENUE OVER EXPENDITURES FOR ADMINISTRATION USE ONLY TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31, 2011 WATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 50 -40 -110 SALARIES 16,697.49 193,358.42 199,500.00 6,141.58 96.9 50 -40 -210 HEALTH INSURANCE .00 35,796.07 44,800.00 9,003.93 79.9 50 -40 -220 FICA TAX 1,167.25 13,534.92 15,262.00 1,727.08 88.7 50 -40 -230 RETIREMENT 660.19 7,618.97 7,980.00 361.03 95.5 50 -40 -250 UNEMPLOYMENT TAX 49.91 576.81 599.00 22.19 96.3 50 -40 -280 TRAINING PROGRAMS .00 842.06 3,000.00 2,157.94 28.1 50 -40 -290 TRAVEL, MEALS AND LODGING 20.00 1,016.79 3,000.00 1,983.21 33.9 50 -40 -295 MEALS AND ENTERTAINMENT 12.79 305.69 2,000.00 1,694.31 15.3 50 -40 -310 LEGAL FEES .00 72,582.81 35,000.00 37,582.81) 207.4 50 -40 -330 ENGINEERING FEES 1,802.00 19,745.00 40,000.00 20,255.00 49.4 50 -40 -360 COMPUTERS NETWORKS AND SUPPORT .00 3,711.32 15,000.00 11,288.68 24.7 50 -40 -370 OTHER PROFESSIONAL SERVICES 4.03 234.25 15,000.00 14,765.75 1.6 50 -40 -410 BANK CHARGES .00 16.00 .00 16.00) .0 50 -40 -430 INSURANCE .00 15,860.00 20,000.00 4,140.00 79.3 50 -40 -440 ADVERTISING .00 .00 500.00 500.00 .0 50 -40 -460 SYSTEM REPAIR AND MAINT PROD 345.28 1,018.79 30,000.00 28,981.21 3.4 50 -40 -465 SYSTEM REPAIR AND MAINT DIST 1,896.74 8,315.49 30,000.00 21,684.51 27.7 50 -40 -490 PROFESSIONAL MEMBERSHIPS .00 6,724.50 8,000.00 1,275.50 84.1 50 -40 -500 OPERATING SUPPLIES PRODUCTION 780.44 8,697.20 30,000.00 21,302.80 29.0 50 -40 -505 OPERATING SUPPLIES DISTRIB 282.65 11,047.83 25,000.00 13,952.17 44.2 50 -40 -510 EQUIPMENT PURCHASE AND REPAIR .00 86.27 5,000.00 4,913.73 1.7 50 -40 -520 TESTING .00 2,326.00 3,000.00 674.00 77.5 50 -40 -550 POSTAGE BILLING SUPPLIES 200.00 1,182.33 3,500.00 2,317.67 33.8 50 -40 -560 UTILITIES TELEPHONE 244.77 2,790.24 5,500.00 2,709.76 50.7 50 -40 -562 UTILITIES ELECTRICITY 2,935.57 32,143.75 45,000.00 12,856.25 71.4 50 -40 -670 PROP MGMT FRASER WTP .00 387.79 6,000.00 5,612.21 6.5 50 -40 -680 PROP MGMT MARYVALE WTP .00 .00 6,000.00 6,000.00 .0 50 -40 -690 MISCELLANEOUS EXPENSE 399.00 1,296.08 1,000.00 296.08) 129.6 50 -40 -715 WATER RIGHTS DIVERSION DEV 796.50 21,577.73 35,000.00 13,422.27 61.7 50 -40 -730 CAPITAL PROJECTS .00 .00 100,000.00 100,000.00 .0 50 -40 -930 TRANSFER TO CERF .00 10,000.00 10,000.00 .00 100.0 50 -40 -970 TRANSFER TO O &M RESERVES .00 100,000.00 100,000.00 .00 100.0 28,294.61 572,793.11 28,294.61 572,793.11 844,641.00 271,847.89 67.8 844,641.00 271,847.89 67.8 122,646.66 480,047.93 75,583.00 404,464.93) 635.1 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 25 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 DECEMBER 31, 2011 WASTEWATER FUND 55 -10100 CASH COMBINED FUND 2,032,311.67 55 -11500 NR CUSTOMER SERVICE CHARGES 157,141.47 55 -11550 NR- BILLINGS 7,105.50 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 14,403,753.32 55 -20210 ACCRUED NP 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 11,610,693.29 55 -29810 RETAINED EARNINGS UNRESTRICT 53,572.01) 55 -29820 RETAINED EARNINGS RESTRICTED 654,109.00 REVENUE OVER EXPENDITURES -YTD 2,173,283.33 14,384,513.61 14,384,513.61 14,403, 753.32 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 26 CHARGES FOR SERVICES MISCELLANEOUS REVENUE TOTAL MISCELLANEOUS REVENUE OTHER SOURCES TRANSFERS 55 -39 -999 CARRYOVER BALANCE TOTAL OTHER SOURCES TRANSFERS FOR ADMINISTRATION USE ONLY TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31, 2011 WASTEWATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT 55 -34 -100 CUSTOMER SERVICE CHARGES 151,742.69 605,214.93 606,532.00 1,317.07 99.8 55 -34 -150 PENALTIES INTEREST 64.27 2,425.80 1,000.00 1,425.80) 242.6 55 -34 -200 PLANT INVESTMENT FEES .00 67,500.00 15,000.00 52,500.00) 450.0 TOTAL CHARGES FOR SERVICES 151,806.96 675,140.73 622,532.00 52,608.73) 108.5 55 -36 -100 INTEREST EARNINGS 129.46 2,219.90 4,000.00 1,780.10 55.5 55 -36 -500 JFOC MANAGEMENT FEE 7,105.50 28,422.00 28,420.00 2.00) 100.0 55 -36 -900 MISCELLANEOUS REVENUE .00 21,097.60 1,500.00 19,597.60) 1406.5 TOTAL FUND REVENUE 159,041.92 7,234.96 51,739.50 33,920.00 17,819.50) 152.5 .00 2,090,105.00 2,059,409.00 30,696.00) 101.5 .00 2,090,105.00 2,059,409.00 30,696.00) 101.5 2,816,985.23 2,715,861.00 101,124.23) 103.7 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 27 EXPENDITURES TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31, 2011 WASTEWATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 55 -40 -110 SALARIES 16,496.05 162,387.13 178,500.00 16,112.87 91.0 55 -40 -210 HEALTH INSURANCE .00 25,927.55 30,240.00 4,312.45 85.7 55 -40 -220 FICA TAX 1,177.14 11,626.58 13,655.00 2,028.42 85.2 55 -40 -230 RETIREMENT 647.77 6,323.86 7,140.00 816.14 88.6 55 -40 -250 UNEMPLOYMENT TAX 49.21 482.68 536.00 53.32 90.1 55 -40 -280 TRAINING PROGRAMS .00 229.00 2,000.00 1,771.00 11.5 55 -40 -290 TRAVEL, MEALS AND LODGING 71.07 93.05 2,000.00 1,906.95 4.7 55 -40 -295 MEALS AND ENTERTAINMENT .00 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 2,760.00 20,000.00 17,240.00 13.8 55 -40 -360 COMPUTERS NETWORKS AND SUPPORT .00 2,259.32 5,000.00 2,740.68 45.2 55 -40 -370 OTHER PROFESSIONAL SERVICES 1,001.52 1,688.81 10,000.00 8,311.19 16.9 55 -40 -410 BANK CHARGES .00 .00 100.00 100.00 .0 55 -40 -430 INSURANCE .00 4,014.17 5,500.00 1,485.83 73.0 55 -40 -440 ADVERTISING .00 .00 1,000.00 1,000.00 .0 55 -40 -460 SYSTEM REPAIR AND MAINT COLLEC .00 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 380.01 760.55 5,000.00 4,239.45 15.2 55 -40 -510 EQUIPMENT PURCHASE AND REPAIR .00 54.95 5,500.00 5,445.05 1.0 55 -40 -520 TESTING 25.00 675.00 1,000.00 325.00 67.5 55 -40 -550 POSTAGE BILLING SUPPLIES 200.00 1,182.33 2,500.00 1,317.67 47.3 55 -40 -560 UTILITIES TELEPHONE 44.56 267.13 1,500.00 1,232.87 17.8 55 -40 -650 WW TREATMENT CHARGES /JFOC 8,745.08 109,513.42 296,372.00 186,858.58 37.0 55 -40 -660 JFOC CAPREPL RESERVE .00 122,675.15 122,652.00 23.15) 100.0 55 -40 -690 MISCELLANEOUS EXPENSE 124.89 211.97 3,000.00 2,788.03 7.1 55 -40 -730 CAPITAL PROJECTS .00 148,337.50 330,000.00 181,662.50 45.0 55 -40 -760 PIF CAPITAL PROJECTS .00 4,406.30 .00 4,406.30) .0 55 -40 -930 TRANSFER TO CERF .00 10,000.00 10,000.00 .00 100.0 TOTAL EXPENDITURES 28,962.30 643,701.90 1,089,795.00 446,093.10 59.1 TOTAL FUND EXPENDITURES 28,962.30 643,701.90 1,089,795.00 446,093.10 59.1 NET REVENUE OVER EXPENDITURES 130,079.62 2,173,283.33 1,626,066.00 547,217.33) 133.7 FOR ADMINISTRATION USE ONLY 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 28 ASSETS LIABILITIES AND EQUITY FUND EQUITY FOR ADMINISTRATION USE ONLY TOWN OF FRASER BALANCE SHEET DECEMBER 31, 2011 PETERSEN TRUST 70 -10100 CASH COMBINED FUND 11,632.35 TOTAL ASSETS 11,632.35 UNAPPROPRIATED FUND BALANCE: REVENUE OVER EXPENDITURES -YTD 11,632.35 BALANCE CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY 11,632.35 11,632.35 11,632.35 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 29 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 12 MONTHS ENDING DECEMBER 31, 2011 PETERSEN TRUST PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT .86 20.29 .00 20.29) .0 .00 17, 752.06 17, 785.00 32.94 99.8 .86 17, 772.35 17, 785.00 12.65 99.9 .86 17, 772.35 17, 785.00 12.65 99.9 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 30 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 12 MONTHS ENDING DECEMBER 31, 2011 PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT PETERSEN TRUST 1,000.00 1,000.00 1,000.00 6,140.00 999.14) 11,632.35 6,140.00 17, 785.00 6,140.00 17, 785.00 11,645.00 34.5 11,645.00 34.5 17,785.00 11,645.00 34.5 .00 11,632.35) .0 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 31 ASSETS LIABILITIES AND EQUITY FUND EQUITY FOR ADMINISTRATION USE ONLY TOWN OF FRASER BALANCE SHEET DECEMBER 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 4,088,206.74 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 32 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 DECEMBER 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 3,131,161.31 100 OF THE FISCAL YEAR HAS ELAPSED 01/16/2012 11:39AM PAGE: 33  PUBLIC WORKS BRIEFING (As of 1/26/12 for 2/1/2012 meeting) WATER~ Following up on deficiencies noted in our water system sanitary survey Review and updating CIP worksheets for 2012 projects It would be really nice if the snow gods would bless us with some much needed St. Louis Breach- a response was received this week from the property owner for th a meeting on January 30 to discuss options, implementation and approach to the Army Corps permit application. At this meeting we will also discuss the BPR waterline improvements options relating to the request for out of town water service. SANITARY SEWER~ Reviewing 2011 line inspection video footage for areas needing rehab work. Also review and updates to the CIP worksheets for 2012 projects STREETS~ Working on 2012 chip seal and drainage cips and bid packets. STREETSCAPES / GARDENING~ Seasonal decos will be coming down over the next week. OTHER~ Clark offered to get together with an assortment of contractors and utility people to discuss ideas for material specific additions to the standards. To date there has not been any feedback provided or scheduling of such a meeting. We will continue to work with him; however, any suggestions may need to be updated, if any, in next years update. Questions? 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 ` . . ,, ,. 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TC7L�>'Ib � CoM14-U,,M f TY A.VPA -- XA67-.i TLAN 5C!¢Lg-7 ///-�- j,o Age 2 b71,Z /O/t v // Highlights Winter Park The Fraser Valley Key Card Enrollment o The Key Card program has been successfully launched with over 100 merchants showing interest in the program and asking to be activated Page 1 of 2 Prepared by Jeremy Kennell Winter Park The Fraser Valley Key Card Update Last updated: 3/5/2012 o As of the time of this report there are 64 active merchant locations with more coming on board daily o Merchants who have not yet responded to emails regarding the Key Card or who did not attend a sector meeting will be contacted by phone in the coming weeks to petition them for enrollment and use of the Key Card Program Program and Technology Update o Continued adjustment to the technology is occurring and will continue into the first —45 days of 2012 with features and enhancements made daily o The backend technology has been adjusted and is continually evaluated to ensure that the program is as easy as possible for both the merchants and the card users to interact with the system o Server farm has been significantly upgraded to handle the memory requirements of the program Marketing, Exposure and Promotions o Marketing programs have been implemented with details being finalized for 2102. Highlights include; Over 6500 cards have been placed into consumers hands 3383 registered users with 10 15 users being registered daily A Golf Free package in partnership with member golf courses for the summer season has been created Stay and Play lodging packages have been created with Central Reservations. This product will be offered in conjunction with Central Reservations and will also be offered as a direct book product Current Promotions Sign Up Now: $10 to anyone who registers for a Key Card at the Winter Park Visitor Center has been implemented. Additionally, any lodging guest who shows their lodging confirmation will receive $10 from to spend at any participating merchant Stay and Play: Stay two nights at participating lodging and receive $50 to spend on the Key Card Golf Free: Stay two nights at participating lodging and receive two rounds of golf and a cart at participating golf courses (Pole Creek or Golf at Granby Ranch) Welcome to the Valley: Buy a piece of Real Estate in Winter Park The Fraser Valley and receive $150 to spend Come Back See Us: For every $100 you spend at an individual merchant, receive $10 to spend back at that same merchant on a return visit Happy Birthday: Register your birthday in your Key Card portal and receive $20 to spend during the month of your birthday Communication and Presence o The Key Card Website been updated with more information including an extensive FAQ section o The Key Card Merchant Newsletter has been going out on a bi- weekly basis with updates sent out as they are available and /or needed for announcements and enhancements o Point of Presence materials including counter signage, window decals and check flyers are being distributed as available o Layout and scope for the iPhone /Android app has begun with revisions to create final scope. App will launched for the Summer Season o Merchant Round Tables discussing Pros and Cons of the Key Card system were held and attended by —20 merchant representatives. One of the round tables was also joined by the President of CMS, the Key Card service provider. The feedback from the Round Tables are currently being analyzed and converted into action plans by both the Chamber and CMS staff for future improvement of the system. Feedback, Evaluation and Card Usage o Reception from both the business members as well as the users has been very positive with accolades provided to the Chamber on a regular basis for the program design and concept. o Recently the Key Card program was brought to the attention of the Executive Vice President of Meta Bank and the CEO of the Meta Bank Card Network by our technology partner and employees of Meta Bank reviewing the program; upon review of the Key Card program both gave accolades for the innovation of the program design and scope, the attention to program details and the design of collateral pieces. The Key Card program is truly a one of a kind program that does not exist elsewhere. o From the launch of the program until the date of this report the following has occurred $40,000 has been given out in promotional dollars to card users $6970 of those dollars have been redeemed 3383 registered card users 1,823 user card swipes $172,063.21 in consumer spending through the Key Card program (does not include Ski Free Lodging) Stay Play results as of 3.5.12; 419 Reservations 1519 Room Nights $502,070.60 in lodging revenue ADR of $330.53 Welcome to the Valley results as of 3.5.12; Five closings $1,190,450 in real estate revenue Page 2 of 2 Prepared by Jeremy Kennel! Top 10 Reasons to Checkout PlayWinterPark.com a aavgla pwhter ari.to,n WArminMoo V'ineerf t' itl6fiby risNLT 4w4. @at Mawaeiaat t VW Al Mtn twurtrvelAtmrt �xye Rihs WAs wYileriwkL brado U New look and feel has a clean design and user friendly layouts with Tots of impressive, local photography. Great vacation planning resource for guests to help plan their trip activities, events, suggested itineraries, business contact info, packing lists and Insiders Corner to be more in the know. Snow Report instant pop up for ski conditions and today and tomorrow's weather. Will change to the Cool Report in the summertime. 7 Improved events calendar that you can search by month categories.' You can now save events to your Outlook calendar, email to a friend and set a reminder. New Live, Work Play Here section that will appeal to second home- owners and those seeking to relocate to the area. Ease of updating business profile page for Chamber members just one place for them to add highlights, photos, videos, physical address for Google map, guest and member -to- member coupons, job postings, etc. 4 All the deals are in one place WPFV Key Card promotions, lodging specials and member coupons to help the guest save 3 Quick access to our Social Media Facebook, Twitter and YouTube. 2 Guests now have the ability to easily search businesses by category. 1 Coolest feature ever! Guests have the ability to Build a Brochure customized to include exactly the pages they want. Guest can then save their brochure and share it with family and friends.