EL PASO COUNTY
LAND DEVELOPMENT CODE

Chapter V - Section 49.2
Performance Standards

As a general rule, standards set forth in El Paso County Design manuals for drainage and erosion control are acceptable to El Paso County. As part of the master planning process, El Paso County will develop "design manuals" for improvements within various areas of the County. These manuals will describe acceptable standards for the areas addressed.

The design and operation of the development proposal shall ensure that:

l.   Historical flow patterns and runoff amounts will be maintained in such a manner that will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to runoff rate and velocity increases, diversions, concentration and/or unplanned ponding of storm runoff.

2.   Runoff volumes and peaks within the development site and in areas affected by runoff will not exceed the runoff levels attributable to the site in its natural state.

3.   The development will not impede the flow of natural water courses.

4.   That all low points within the development area are ensured adequate drainage.

5.   That any drainage system proposed as part of any development proposal is based on consideration of the drainage basin as a whole and is capable of accommo-dating not only runoff from the proposed development, but also, where applicable, the runoff from areas adjacent to and "upstream" from the development itself.

6.   Provision exists in the design or operation of any proposed drainage facilities to ensure suitable provisions for maintenance.

7.   Where development will cause the introduction of new pollutants into the runoff water, provision will be made for the storage, treatment and removal of such pollutants.

B.   EROSION

The design and operation of the proposal shall ensure:

l.   That any development is designed and executed in a manner which will minimize disturbance of natural vegetation and soil cover. Special attention should be paid to areas adjacent to streams, lakes, and reservoirs.

2.   That development proposals include adequate provision and guarantee for revegetation and for soil stabilization during and after development of a site.

3.   That all cuts and fills are adequately designed and engineered and vegetated to control erosion as well as stability of the entire mass.

4.   That development and accessibility patterns are controlled to prevent the destruction of vegetation or soil cover due to amounts or concentrations of use or development.

5.   That natural drainage patterns are preserved and protected from increased water flows which could alter such patterns or subject existing channels and adjacent areas to increased erosion.

C.   TRANSPORTATION SYSTEM DESIGN

l.   General: All transportation system elements shall be designed and constructed in conformance with the following principles:

a.   That any new roadways and associated structures included in the proposal have been, or can be, designed and built to bear a logical relationship to existing and platted roads and to provide suitable service to the ultimate land use of their service areas, regardless of the specific short-term needs of the proposal.

b.   That any new roadways or improvement or reconstruction of existing roadways are designed and constructed to achieve suitable capacity, safety, and levels of service and maintenance.

c.   That all capital costs for new roadway systems and any improvements directly assignable to the needs generated by the proposal are paid by those who would benefit from the proposal.

d.   That the schedule for County acceptance and maintenance for new or upgraded roadways or related structures provides for a waiting period after such improvements are made or for an adequate financial guarantee to ensure that the public will not be forced to bear the cost of maintaining or correcting inadequately designed or constructed improvements.

e.   That the nature and amount of traffic likely to be generated by the proposal can be accommodated by existing and planned roadways without significant degradation of the physical condition or levels of service and safety.

2.   Design Criteria

a.   As a general rule, standards set forth in El Paso County Engineering Criteria Manual for streets are acceptable to El Paso County.

b.   Within the area designated as the Urban Planning Area by the Master Plan for the Physical Development of El Paso County, standards approved by the City of Colorado Springs are acceptable. In cases where El Paso County standards are more restrictive, El Paso County Standards shall apply.

c.   In cases in which the developer contends that adopted County or City standards do not adequately meet the guidelines set forth in Section 49.2.C., the developer may request that standards be modified. In such cases, the burden of proof for showing that such modification will meet the general design guidelines and policies shall be upon the developer.

d.   As part of the Master Planning process, El Paso County will develop "design manuals" for construction of road and drainage improvements in various areas of the County. These manuals will describe acceptable standards as for those circumstances addressed.

3.   Access

a.   All subdivisions created by the Subdivision Process shall have a minimum of sixty (60) feet frontage upon a public street accepted for maintenance by El Paso County or other public entity. All lots created by the Subdivision Process shall have a minimum of thirty (30) feet frontage upon a public street accepted for maintenance by El Paso County. The following shall not be deemed public streets for the purpose of these regulations.

(l)   Private Roads: The use of private roads is limited and permitted only upon approval by the Planning Commission and Board of County Commissioners. In cases where private roads are expressly permitted, such roads shall be deemed to comply with the access requirements of these regulations. Private roads shall be permitted only in the R-3, R-4, PUD, PBP, PBC, PID, PHID, TTP and RV zones.

(2)   Private roads shall be confined to closed loops and dead ends not likely to be needed for the convenience and safety of the general public. Private roads are most effective in Planned Unit Develop-ment where certain design standards may be waived subject to the approval of the County. Standards subject to waiver shall be limited to:

(a)   reduction of right-of-way width where suitable alternative provisions are made for pedestrian walkways and utilities;

(b)   reduction of design speed where it is unlikely the road will be needed for use by the general public;

(c)   reduction in standard section thickness minimums and pavement type where suitable and perpetual maintenance provisions are made;

(d)   variation in maximum and minimum block lengths.

(3)   All private roads shall be posted and so identified on the plat.

b.   Street Pattern: The street pattern in the subdivision shall be in general conformity with a plan for the most advantageous development of adjoining areas and to the entire neighborhood or district. The following criteria shall be observed:

(l)   Where appropriate to the design, proposed streets shall be continuous and in alignment with existing, planned or platted streets with which they are to connect. The centerlines of streets not in alignment shall be offset by a minimum of three hundred (300) feet.

(2)   Proposed streets shall be extended to the boundary line of the land to be subdivided, unless prevented by topography or other physical conditions or unless, in the opinion of the Planning Commission, such extension is not necessary for the connection of the subdi-vision with the existing thoroughfare layout or is not the most advantageous future development of adjacent tracts.

(3)   In the case of stub-end streets extending to the boundary of the property a cul-de-sac easement shall be designed according to the El Paso County Engineering Criteria Manual.

(4)   Proposed streets shall intersect one another as nearly as possible at right angles as topography and other limiting factors of good design permit. The intersection of more than two streets shall not be per-mitted.

(5)   Excessively long straight residential streets, conducive to high speed traffic, shall be discouraged.

(6)   Half streets will not be permitted.

(7)   Access to areas containing in excess of ten (10) units must be by through street or loop street. Cul-de-sacs or dead-end streets are acceptable only upon specific approval of the Board of County Commissioners and should not exceed a total density of ten (l0) dwelling units per street.

c.   Street Names: The following shall apply:

(1)   All street names, public or private, shall be subject to the approval of the Development Services Department, Department of Transportation, Emergency Response Administration (911) and the Building Official. Numeric address assignment shall be subject to the approval of the Building Official.

(2)   All street names shall be established by the use of common English spelling. No directional entries shall be allowed as part of a street name, for example Northpointe Drive. Two (2) word street names shall be acceptable only when the first word has not been used more than six (6) times in any existing street name. Duplicate street names shall not be approved regardless of the street designation, for example, Chelton Road, Chelton Loop, Chelton Circle. Street names that closely approximate the spelling or phonetically sound similar to a platted street in El Paso County shall not be approved. For purposes of this section, the official street name list to be used in the review of street names shall be that list, commonly known as the Locate File, which is maintained by the Emergency Response Administration (911).

(3)   Any street which is a continuation or a logical approxi-mate extension of an existing dedicated street, a platted street, a deeded street, a pro-posed street as shown on an approved sketch plan or a street on the Major Transportation Corridors Map shall bear the same street name. Streets that cross jurisdictional boundaries shall require approval by all entities involved before the street name can be changed.

(4)   All applications for street name changes, for public or private streets or right-of-way, shall be submitted to the Department of Public Works in accordance with the requirements of the Department.

(5)   Temporary access to any property shall not be construed as a guarantee of continued usage of any numeric address and/or street name which may have been assigned at time of approval of temporary access.

D.   ALTERATION OF NATURAL LANDFORMS

Throughout the design and development of the subdivision, the subdivider shall consider of primary importance the preservation and enhancement of the natural landscape and vegetation. The layout and design of lots, blocks, and rights-of-way shall provide de-sirable settings for structures by making use of natural features, existing vegetation, natural drainage, and aesthetic features. Alteration of such features shall be kept to a minimum and shall be based on practical engineering considerations.

E.   HAZARDS

Land subject to natural hazards shall be identified by the subdivider, subject to existing county hazard inventories. Such land shall not be developed until such time as the hazard has been removed or the impact of said hazard mitigated as determined by the Development Services Director. Lots subject to hazards which may be eliminated through specialized engineering shall be so identified on the plat. Identification of such hazards shall include a statement of the specific hazard and a statement of the engineering alterations required to eliminate the hazard. The following hazards shall be subject to this regulation:

l.   Geologic hazards as identified by the subdivider, appropriate review agency, or contained in the county inventory of geologic hazards.

2.   Soil hazards as identified by the subdivider, appropriate review agency, or contained in the county inventory of soil hazards.

3.   One hundred (l00) year floodplain as identified by the subdivider, appropriate review agency, or as identified in the county floodplain inventory.

a.   Development in the floodplain shall be limited to uses compatible with the hazard and shall specifically exclude residential uses, sewage and water treatment plants, commercial shopping areas, and industrial sites.

4.   Wildfire hazards as identified on the county and state wildfire hazard inventory.

5.   Hazards caused by high water table or polluted water, as identified by the subdivider, appropriate review agency, or county inventory.

6.   Hazards associated with airports, and major utility facilities.

F.   AREAS OF SIGNIFICANT HISTORICAL OR ARCHAEOLOGICAL IMPORTANCE

All subdivisions shall be designed with reference to identified sites of historical and archaeological importance. Alterations of such sites shall be avoided. Emphasis should be put on reuse of historical structures and incorporation of historical and archaeological sites into the park and open space system. If disturbance of such sites is unavoidable, the subdivider shall contact applicable public agency and allow the agency to excavate, purchase, or record the site before alteration takes place.

G.   NOISE AND AIR POLLUTION

All subdivisions shall be designed with reference to potential and actual noise and air pollution hazards. Subdivision design shall be such as to minimize the impacts of noise and air pollution upon future inhabitants of the subdivision and the County.

l.   Subdivisions which include or border upon freeways, expressways, principal arterials, minor arterials, major collectors, and railroads may be required to grant an easement to reduce noise impacts. Such easements shall require the planting or construction of appropriate barriers as part of the improvements agreement and guarantee of funds.

2.   No subdivision should be approved that is not in compliance with state, federal, and local air quality regulations.

3.   Pedestrian walkways, bikeways, and trails, should be screened from major vehicular roadways.

4.   Any plat approved which has lots in the 65 Ldn or 100 CNR shall reference such lots as such and no single-family residential development shall be allowed on said lots.

H.   WATER USAGE

All subdivision design shall take into consideration the importance of water usage for the well-being of the region and the development of effective aquifer recharge capabilities. Planners and subdividers shall consider the applicability of nonpotable water as an irrigation source, the development of ponds and catchment basins, and the effect of groundcover modification on aquifer recharge capability.

1.   Use of large areas of artificial groundcover or groundcover not indigenous to the region shall be discouraged except in cases where a plan is submitted to use non-potable water as a primary irrigation source or in cases where such groundcover can be proven to be suited to the preexisting natural conditions.

2.   Subdivision design, lot design, and site design shall incorporate, whenever possible, the use of vegetation suited to the natural climatological and soil conditions of the area in which the subdivision is located.

I.   BLOCKS

The lengths, widths, and shapes of blocks shall be determined with due regard to the following:

l.   Provision of adequate building sites suitable to the special needs of the contemplated use.

2.   Conformance with the Zoning Resolutions and other resolutions which apply to the land being subdivided.

3.   Needs for convenient control, safety, and access for vehicular and pedestrian circulation.

4.   Existing topography, vegetation, and other natural features.

5.   Maximum block length shall be one thousand five hundred (l,500) feet, measured between intersecting streets.

J.   LOTS

All subdivisions shall result in the creation of lots which are capable of being built upon within the minimum regulations established by El Paso County, the State of Colorado, and the Federal Government.

l.   The minimum area and dimensions of all lots shall conform to the requirements of the applicable Zoning District.

2.   Corner lots shall accommodate the required building setback line on both street frontages.

3.   When practical, lot lines shall be located at the top of slopes, along benches, along flowlines, or along drainage courses.

4.   Double frontage and reverse frontage lots shall not be permitted except where essential to provide a separation of residential properties from arterial streets or incompatible uses.

5.   Each lot shall have access to a dedicated and accepted public street, except as allowed under Section 49.2,C.,3. Minimum frontage requirement upon a dedicated public street shall be thirty (30) feet. A statement dissolving the right of access to major collectors, minor arterials, collectors, and expressways may be required.

a.   A planting or screening easement across which there shall be no right of vehicular access may be required along the property line of lots abutting collectors, arterials, expressways, or freeways.

6.   Areas within individual lots or individual lots which reflect one or more of the following characteristics shall be deemed unsuitable for building sites and shall be so identified on the plat.

a.   Areas of individual lots or individual lots not suitable for location of water or sewage disposal systems as determined by state and county health regulations.

b.   Areas where slopes are greater than thirty percent (30%).

c.   Areas of identified or designated geologic, soil, or natural hazards as identified or designated in the El Paso County hazard identification inventory; provided that such limitations cannot be overcome through the application of specialized engineering.

d.   If specialized engineering is required, a note shall be placed on the plat identifying the specific hazard and stating that specialized engineering of the site and structure will be required prior to the issuance of a building permit.

e.   Areas within the l00-year floodplain.

7.   No lot shall be created which is divided by a municipal or county boundary or multiple zones or districts.

8.   Flag Lots

a.   Minimum width for a flag lot stem shall be thirty (30) feet.

b.   When possible, a cul-de-sac shall be platted in lieu of three (3) or more abutting stems.

c.   In cases where the stem of a flag lot provides the only access to the buildable portion of the lot, the provisions outlined for access in the procedures for private roads shall be met.

d.   No length of the flag stem shall exceed the length of the largest side of the buildable portion of the lot.

e.   The flag stem shall not be computed as part of the minimum lot area requirements for the particular zone district (i.e., the lot must meet zone requirements exclusive of the flag stem). Where irregular or wedge shaped stems are platted, the building setback line shall be used to define the length of the stem.

K.   EASEMENTS

l.   Utility Easements shall be provided as follows:

a.   Side Lot Lines: No less than five (5) feet.

b.   Rear Lot Lines: No less than seven (7) feet.

For those developments where the provisions of a. and/or b. are not appropriate, utility easements shall be provided in accordance with the utilities providing service to the development.

2.   If a subdivision is traversed by a water course, drainageway, or channel, the storm water or drainage right-of-way (easement) shall conform to the lines of such water course and shall be of such width and construction as may be necessary to provide adequate storm water drainage and to provide access to and maintenance thereof. The minimum standard for identification of the drainage channel shall be the One hundred (l00) Year Floodplain. Drainage channels should be left in a natural state unless channelization is recommended by the El Paso County Engineer.

3.   Additional easements may be requested by public agencies. Such easements shall include but not be limited to the following:

a.   Avigation easements.
b.   Trail easements.
c.   Open space and scenic easements.
d.   Utility easements.
e.   Solar access easements.

L.   ENERGY CONSERVATION

1.   Solar Access: New lots and residences should be oriented to allow for maximum effective use of solar energy.

M.   INDIVIDUAL WATER AND SEWER SYSTEMS

1.   The burden of proof for showing that private water or sewer systems meet the spirit and intent of these regulations shall be upon the subdivider. Reports, data, and other evidence shall illustrate that the subdivision, at a minimum, achieves the following:

a.   Noncontamination of surface or subsurface water resources and waterforms.

b.   Noninterference with water resources of adjoining lots. The standard for determining such interference shall be the probability of well deepening and/or the necessity to remove land from agricultural use.

c.   Noninterference with the enjoyment, use, or utility of adjoining land by virtue of pollution, odor, health hazard or water usage. Placement of leach fields within the cone of influence of a well shall constitute interference, unless otherwise approved by the Department of Health.

d.   Lot sizes compatible with the limitations inherent in soils, geologic, and hydrologic characteristics of the site. Lot sizes in excess of five (5) acres may be required in areas in which site characteristics dictate larger lots.

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