19.13.08 Improvements Required

1. All developments will be required to install, and in some cases dedicate to the City or homeowners association, all offsite and onsite improvements necessary to mitigate the impacts created by the new development. For the purposes of this Chapter, required improvements for all developments shall include (when applicable), but are not limited to, the following: a. runoff and erosion control measures, including both structures and plantings, required to implement an approved runoff and erosion control plan; b. landscaped buffers, screening fences or walls, and similar improvements required to mitigate potential nuisances; c. water and sewer improvements; d. storm drainage improvements; e. off-street parking and loading areas, including any required landscaping; f. roads and related improvements, including bridges, culverts, traffic control signs, streetlights and signs, and street trees; g. sidewalks and trails; h. parks, trails, and open space meeting the requirements of this Title and the City’s adopted Parks, Trails, and Open Space Master Plan; i. water rights, sources, and facilities as required by the City ordinances, regulations, and standards; j. utilities such as telecommunications, fiber optic, cable TV, electric power, and natural gas; k. improvements required by the Wildland-Urban Interface Code; l. street lighting; m. improvements required by other sections of the City Code, ordinances, regulations, and standards as well as improvements required by agreement between the City and the applicant; and n. for residential projects, piping of canals per canal company specifications if a canal or canal easement is adjacent to or within a proposed residential project, unless the canal company or Bureau of Reclamation does not allow piping. Nonresidential projects shall install secure fencing adjacent to canal easements or canals per canal company specifications to prevent entry from the non-residential project onto the canal or canal easement. 2. Installation at Developer’s Expense. a. The installation of required improvements shall be at the developer’s expense. However, the City may choose to participate in the cost of certain improvements in order to correct deficiencies in areas outside the development, or to provide capacity for future development in accordance with any applicable capital facilities plan, any applicable impact fee facilities plan, or Land Use Element of the General Plan. b. Where improvements that exceed the developer’s lawful obligation are required to be constructed at the developer’s expense, a reimbursement or pioneering agreement may be entered into containing reimbursements or impact fee credits or allowing for reimbursement by landowners whose property subsequently benefits from the improvements using mechanisms mutually agreed upon by the City and the developer. The duration of these agreements may not exceed 10 years unless otherwise required by law. The City shall not enter into any reimbursement or pioneering agreement for any offsite or onsite improvements required to address the impacts created by the development or for the installation of the minimumsized improvements required by City ordinances, regulations, or standards. 3. Improvement Standards. Required improvements shall be installed in compliance with this Title, state or federal law, capital facilities plans, impact fee facilities plans, and standards, regulations, and ordinances passed by the City. 4. Continuing Maintenance Required. The continuing maintenance of any improvement required for compliance with applicable City ordinances, regulations, and standards shall be required for a period specified in any applicable development agreement or bond agreement. Failure to maintain any required improvement shall be a violation of these regulations. 5. Maintenance Mechanism. Any development that includes any property or facilities that are not dedicated to or accepted by the City of Saratoga Springs shall create a community association for the purpose of carrying out maintenance activities for such property or facilities. In the event maintenance obligations are not promptly assigned to the community association, the developer shall be required to post a maintenance bond to ensure that the improvements are maintained until such time as the community association assumes maintenance obligations. 6. Project Documents. The developer shall submit the proposed declaration of covenants, conditions, and restrictions, declarations, articles of incorporation, and by-laws for the community association for review and approval by the City Attorney as meeting recording requirements, and those documents shall be recorded before or concurrent with the recording of the Final Plat. 7. Developed and Landscaped Open Space Ownership and Maintenance. The maintenance of any developed or landscaped open space required for compliance with this Title shall include, but not be limited to: upkeep of landscaping, parks, trails, and fencing, where required; control of noxious weeds; litter removal; and wildfire suppression. All open space shall be maintained by a homeowner’s association (see Section 19.13.8) if such open space is not a part of the City’s capital facilities plan or impact fee facilities plan. The City Council may, subject to its legislative discretion, agree to take ownership and maintenance of open space and trails if the City Council determines in its sole discretion that ownership and maintenance of the open space advances the general welfare of the residents of the City. In all cases, the improvement of such open space and trails to City standards by the developer and dedication to the City of all required water rights, sources, and infrastructure shall be a prerequisite to the City assuming any ownership or maintenance obligation. 8. Maintenance of Landscaping. Maintenance of landscaped areas includes the installation and maintenance of an irrigation system, timely irrigation, weed and pest control, and all other activities required to maintain the function and, as much as reasonably possible, original appearance of the landscaped area. Sufficient water rights and water sources and public infrastructure for the maintenance of landscaped areas shall be dedicated to and/or purchased from the City. 9. Phasing Improvements. If the construction of various portions of the project is proposed to occur in stages, then the following standards shall be met. a. A Phasing Plan, including size and order of each phase and schedule of improvements to be installed, shall be approved by the Planning Director. b. Open Space improvements shall be installed with a value or acreage in proportion to the acreage developed with any given phase. The Developer may install open space in excess of the proportionate amount for each phase and bank open space credits towards later phases; however, the open space installed must be a part of the open space shown in the Phasing Plan. c. If determined to be necessary by the City Attorney to ensure compliance with the standards in this subsection 9., a perpetual instrument running with the land shall be recorded against the entire project prior to or concurrently with the recordation of the first plat, that includes the standards, location, funding mechanism, values, and timing for all open space, recreational facilities, amenities, open space easements, and other improvements. An open space plat, conservation easement, development agreement, or other perpetual instrument may qualify as determined by the City Attorney.