EL PASO COUNTY
LAND DEVELOPMENT CODE

Chapter V - Section 49.3 C
Street and Rights-of-Way Dedication and
Construction Standards

1. Dedication

The subdivider shall dedicate the entire right-of-way for all roads, streets, and other rights-of-way within, or adjacent to the area to be developed. All right-of-way dedicated shall be free of any encumbrances.

a. Dedication shall include right-to-access if so required.

b. The width of such dedication shall be in conformance with El Paso County Plans and Regulations and shall be so noted on the plat.

c. In those situations where the property adjoins an existing right-of-way, the ordinary obligation of the subdivider will be for one-half (1/2) of the required additional right-of-way.

d. In those situations where the property adjoins a proposed right-of-way where no road exists, the ordinary obligation of the subdivider will also be for one-half (1/2) of the total required right-of-way if needed to accommodate access for the property to be subdivided.

e. In the event a subdivider is able to demonstrate that right-of-way dedication requirements will be clearly disproportionate and burdensome compared with the maximum traffic demand created by the property, the subdivider may be given the option to reserve from development rather than dedicate that portion of the required right-of-way determined to be disproportionate. Alternatively, the County may choose to compensate or credit the subdivider for this excess donation through any legally acceptable means.

2. Construction

a. Internal roads and related improvements

1) The subdivider shall construct all required improvements within a subdivision, which may include but not limited to curbs, gutters, storm sewers, sidewalks or trails, and all local and collector streets, roads and other rights-of-way, whether publicly or privately owned.

2) In cases in which an arterial road is located within the subdivision, the subdivider shall normally pay for construction of the entire facility. However, the subdivider may be entitled to credit or compensation for part of this cost if there is a plan adopted by the County, or cost recovery provision pursuant to Section 49.3 E. which more particularly allocates and assesses these costs.

b. Adjacent roads and related improvements

1) For local or collector streets or related improvements adjacent to the subdivision, the subdivider shall pay the entire cost of the roadway along the entire property frontage.

2) For roadway classifications of arterial or larger adjacent to the subdivision, the subdivider shall pay the entire cost of those portions of the facility along the entire property frontage when necessary to adequately address demand created by the subdivision and also meet applicable County standards for the ultimately planned facility. In most cases, the minimum participation shall include the construction of two (2) full lanes consistent to the design section for the ultimately planned roadway classification. Where it is determined by the County Engineer that there is no practical need for construction to the ultimate design section at the time of subdivision approval, a lesser interim standard may be allowed.

3) The subdivider may be entitled to credit or compensation for part of this cost if there is a plan. or cost recovery provision adopted by the County which more particularly allocates and assesses these costs.

4) In cases in which a County road must be extended or otherwise upgraded to serve the subdivision, the developer shall pay the entire cost of the extension, potentially subject to appropriate payback recovery agreements as property adjoining the extension of the road develops (refer to Section 49.3 E.). Such improvements shall be considered, for review purposes, a part of the subdivision and shall be constructed to county standards.

c. Off-site roads and related improvements

1) In cases in which a County road must be extended or otherwise upgraded to serve the subdivision, the subdivider shall pay the entire cost of the extension, potentially subject to appropriate recovery agreements as property adjoining the extension of the road develops (refer to Section 49.3 E.). Such improvements shall be considered, for review purposes, a part of the subdivision and shall be constructed to county standards.

2) In most cases, the minimum participation shall include the construction of two full lanes consistent with the design section for the ultimately planned roadway classification. Where it is determined by the County Engineer that there is no practical need for construction to the ultimate design section at the time of subdivision approval, a lesser interim standard may be allowed.

3) The subdivider may be entitled to credit or compensation for part of this cost if there is a plan or recovery provision adopted by the County which more particularly allocates and assesses these costs (refer to Section 49.6).

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