EL PASO COUNTY
LAND DEVELOPMENT CODE

Chapter V - Section 46
General Provisions

The title of this Part V of these Regulations shall be "The El Paso County Subdivision Regulations," and may be so cited and pleaded. The short form "Subdivision Regulations" and "regulations" used extensively hereinafter refers in all instances to the aforesaid El Paso County Subdivision Regulations.

B.   AUTHORITY

The El Paso County Subdivision Regulations and amendments thereto are authorized by the Colorado Revised Statutes, as amended, and shall apply to all of the unincorporated territory in El Paso County, Colorado.

C.   PURPOSE

Subdivision Regulations are designed and enacted for the purpose of promoting the health, safety, convenience, and welfare of the general public and to establish standards of subdivision design which will encourage the development of sound, economical, stable neighborhoods and create a healthy environment for present and future inhabitants of El Paso County, Colorado, by:

l.   Assisting the orderly, efficient and integrated development of the County.

2.   Making provisions for adequate open spaces for traffic, drainage, recreation and parks, sites for schools and educational facilities, light and air.

3.   Making provisions for the proper location, width, and design of streets in order to minimize traffic hazards, and to provide for safe and convenient vehicular circulation.

4.   Specifying the extent to which, or manner in which, roadways shall be graded and improved and to what extent water, sewer and other utilities shall be required and installed.

5.   Ensuring that structures will harmonize with the physical characteristics of the site.

6.   Ensuring that land is subdivided into lots that are of adequate size and configuration for the purpose for which they are intended to be used.

7.   Protecting the natural resources, preserving the natural vegetation and promoting the natural beauty of the County.

8.   Implementing the El Paso County Land Use Plan.

9.   Implementing the El Paso County Land Development Guidelines.

10.   Ensuring that definite provision will be made for a water supply that will be sufficient in terms of quantity, dependability and quality to provide an appropriate supply of water for the type of subdivision proposed.

D.   ZONING OF PLATTED AREAS

All lands that are subdivided in El Paso County shall be zoned under an appropriate Section of the El Paso County Zoning Regulations.

E.   BUILDING PERMITS

No building shall be erected, nor shall any building permit be issued within a subdivision before the final plat thereof has been approved by the Board of County Commissioners and recorded by the Clerk and Recorder of El Paso County.

F.   LEGAL STATUS

1.   Interpretation

Whenever the provisions of these regulations are found to be inconsistent with any other regulation, the regulation imposing the more restrictive standards shall control. The provisions of these regulations are minimum requirements and do not preclude imposition of more restrictive standards by agreement or by law.

2.   Repeal

All Subdivision Regulations of El Paso County effective prior to the date of adop-tion of these Regulations are hereby repealed. The repeal of any of the above-mentioned Regulations does not revive any other regulations or portion thereof repealed by said Regulations. Such repeals shall not affect nor prevent the prosecution or punishment of any person for the violation of any Regulations repealed hereby for an offense committed prior to the repeal.

3.   Severability

If any section, clause, provision, or portion of these regulations is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of these regulations shall not be effected thereby.

4.   Effective Date

These regulations shall be in effect from the date of adoption by the Board of County Commissioners of El Paso County.

G.   VIOLATIONS AND PENALTIES

Any person, firm, or corporation violating any provision of these regulations shall be subject to the penalties set forth in the Colorado Revised Statutes, as amended, and any other legal action provided for by law.

H.   ENFORCEMENT

l.   No plans, plats or replats of land shall be approved by the Planning Commission unless these plans or plats conform to the provisions of these Regulations.

2.   The Board of County Commissioners shall withhold all public street improvements and public maintenance from all rights-of-way which have not been accepted for such purposes by the Board of County Commissioners.

I.   PLAT RESTRICTION

No lot or parcel shall be sold, transferred or conveyed which has not been platted in conformity with the requirements of these regulations.

J.   FILING/PROCESSING FEES - See Section 58

K.   APPEALS

1.   Any subdivider aggrieved by the specific application of the provisions of the El Paso County Subdivision Regulations may appeal such specific application or administrative determination to the Board of County Commissioners within thirty (30) days therefrom; but in no event shall an appeal be taken subsequent to final plat approval by the Board of County Commissioners.

2.   Any appeal shall be initiated by the filing of a written notice of appeal to the Development Services Department setting forth in detail the nature of the appeal, the legal description of the property affected, the reasons and any written documentation supporting the appeal, and any other information as may be required by the Development Services Department. There shall be no fee required for the filing of an appeal pursuant to this Subsection K.

3.   Upon receipt of an appeal, the Development Services Department shall refer such appeal to the appropriate county departments or agencies for their review and recommendations, and shall schedule the matter before the Board of County Commissioners. Written notice of the date, time and place of the appeal hearing shall be given not later than ten (10) days prior to the hearing to the appellant, appropriate County departments or agencies, and any other person who may be affected thereby.

4.   The appellant shall have the burden of proof.

5.   The Board of County Commissioners shall consider the evidence submitted in support of the appeal, the recommendations of the appropriate county departments and agencies, and any additional evidence which it deems relevant and appropriate. The Board shall either approve or disapprove the appeal, in whole or in part.

6.   No final plat shall be approved by the Board of County Commissioners until all appeals pursuant to this Subsection K have been presented to the Board of County Commissioners and a final determination thereon has been rendered.

7.   Any final determination of the Board of County Commissioners as the result of an appeal which substantially modifies a subdivision plan previously considered by the Planning Commission shall be referred back to the Planning Commission for its review and recommendations

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