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Thread: Environmental assessments of dedicated land

  1. #1
    Member
    Registered
    Dec 2005
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    Colorado Springs, Colorado
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    Environmental assessments of dedicated land

    I'm working on updating our subdivision code to clarify when and if an environmental assessment (i.e. Phase 1) is needed before we will accept land being dedicated to the City. This may apply to ROW, but more importantly to park land and drainage tracts. We accept a fair amount of dedicated land each year and we're trying to strike a balance between covering our liabilities and imposing a potentially expensive requirement on property owners. Does anyone know of communities where this issue has been addressed? Thanks for your help!

  2. #2
    Cyburbian Emeritus Chet's avatar
    Registered
    Aug 2001
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    South Milwaukee
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    8,935
    I work with several communities that require a Phase 1 Environmental Assessment at the time of concept review. Any findings was result in further assessments or remediation prior to granting any approvals.

    I have worked with others that also require a title reports and title policies prior to recording plats that dedicate lands to the public. The dollar value is usually token, but the research going into the title garauntee is key.

  3. #3
    Cyburbian Cardinal's avatar
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    Aug 2001
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    The Cheese State
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    9,920
    In most cases, the developer is going to have a phase one assessment conducted on the entire property prior to purchasing it for development. This should suffice to meet the city's requirements on dedications of rights of way and open space. The more difficult instances are those that are typically smaller and generally located in developed parts of the city. Additional right of way to widen a street, or gifts of land for parks or other purposes are potential examples. I would think that the responsibility for conducting the assessment would fall to the city in these cases. In reality, I do not know of any communities that routinely require assessments on these properties. They are typically handled on a case by case basis. If there is no apparent reason for an assessment, it is not required.
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