EL PASO COUNTY
LAND DEVELOPMENT CODE

Chapter V - Section 49.4
Public Improvement Regulations

For purposes of acceptance of initial Letter of Credit or amendments, partial release modification of collateral, exchange of collateral, or renewal of collateral, the Chairman is authorized to sign any required forms or actions on behalf of the Board of County Commissioners. (12/23/04)

The improvements required shall be constructed and installed by the subdivider or provisions made therefor. The subdivider shall furnish a Corporate Completion Bond, or an irrevocable Letter of Credit, or a Cashier's Check or, an escrow account, or other collateral acceptable to the Board of County Commissioners in favor of El Paso County to secure to the County the actual construction of the improvements within a period of twelve (l2) months after the approval of the final plat. Where the improvements have not been constructed in accordance with the approved plans and specifications within the time prescribed by these regulations, the County may withdraw adequate monies from the securities to correct the situation.

l.   Set aside provisions: Notwithstanding the above, a subdivider may utilize a modified subdivision improvements agreement, estimate of guaranteed funds, and collateral arrangement upon the express approval of the Board of County Commissioners. This procedure shall be known as the "set aside collateral procedure". The set aside procedure shall be utilized only in cases in which: (a) the proposed subdivision contains in excess of twenty-five (25) lots on the final plat; (b) the proposed subdivision has an overall density greater than one (l) unit per two and one-half (2½) acres.

a.   A subdivider who wishes to utilize the set aside procedure shall indicate his intention at the preliminary plan stage. The approval of the preliminary plan must include specific approval of the procedure in order for the subdivider to be eligible to use the procedures at the final plat stage.

(l)   Collateral: Acceptable collateral shall include an ir-revocable Letter of Credit, performance bond, or cash escrow. Said collateral shall be made in favor of El Paso County. No portion of the collateral shall be released by El Paso County for payment of contractors without the express approval of the Board of County Commissioners through utilization of paragraph (C) of this section.

(2)   Estimate of Guaranteed Funds: The estimate of guaranteed funds shall be in the amount of the actual construction costs associated with the subdivision. The subdivider shall submit a signed contract between the contractor and the subdivider guaranteeing to install the improvements at the prices listed in the estimate of guaranteed funds for a period of not less than one hundred twenty (120) days from the approval of the subdivision improvements agreement. The contractor shall submit appropriate guarantees including bid bond or signed contract subdivision improvements agreement to ensure the cost of improvements for one hundred twenty (l20) days or extensions thereof are constructed in a timely manner. The County Engineer shall review and approve the estimate of guaranteed funds or, in the alternative, may require changes in the amounts indicated for specific improvements. Upon approval of the amounts, the County Engineer shall be authorized to sign the estimate of guaranteed funds. The bid amount for improvements shall be no less than the approved amount on the estimate of guaranteed funds.

(3)   Subdivision Improvements Agreement: Upon approval of the final plat, the Chairman of the Board of County Commissioners shall be authorized to sign a subdivision improvements agreement which is in the standard form with the following modifications:

(a)   The agreement shall state that the contractor has guaranteed to provide the listed improvements at the contracted price for a period of not less than one hundred twenty (l20) days.

(b)   The agreement shall state that no funds shall be released from the collateral without the approval of the County Engineer subsequent to a finding that the improvements have been constructed in accordance with County standards.

(c)   The agreement shall bind the contractor and the developer to provision of the improvements outlined in the estimate of guaranteed funds at the cost stipulated in the subdivision improvements agreement.

(d)   The agreement shall be signed by the County, the con-tractor, and the subdivider.

(e)   The agreement shall state that, if all improvements are not provided within ninety (90) days of the date of approval of the agreement, the County may draw upon the collateral and direct the contractor to construct the improvements at the agreed-upon cost or, in the alternative, the subdivider, the contractor and the County may re-negotiate or extend the agreement.

(i)   In the event that the agreement is neither extended nor renegotiated, the Board shall, prior to the expiration of the one hundred twenty (l20) day period, withdraw the col-lateral and cause the improvements to be constructed at the agreed-upon price.

(f)   The agreement shall state that the developer may, with the approval of the contractor and the County, vacate the subdivision prior to the expiration of the one hundred twenty (l20) day period. Upon said vacation, the County shall return the collateral to the subdivider.

B.   APPROVAL OF PERFORMANCE BOND, LETTER OF CREDIT OR CASH

A final plat shall not be approved by the Board of County Commissioners until the subdivider complies with the following:

l.   The subdivider of the land proposed to be developed shall enter into an agreement with the County under which the subdivider agrees to install all required improvements at his own expense in accordance with the approved plans and specifications within the time prescribed by these regulations. Said agreement and all conditions thereof must be to the satisfaction of the County Engineer and the Board of County Commissioners. The Board of County Commissioners may approve and accept other agreements or contracts submitted by the subdivider setting forth the plan, method, and parties responsible for the construction of any required public improvements shown in the final plat documents when, in their judgment, said improvements are in accordance with the design and time specifications.

2.   The subdivider of the land proposed to be developed shall furnish a Corporate Completion Bond by a firm authorized to do business in Colorado, or an irrevocable Letter of Credit, or a cashier's check or an Escrow Account or any other collateral acceptable to the Board of County Commissioners in favor of El Paso County in an amount adequate to cover the cost of improvements as determined by the County Engineer.

C.   RELEASE OF COLLATERAL

As improvements are completed, the subdivider may apply to the Board of County Commissioners for a release of part or all of the collateral deposited with said Board. Upon inspection and approval by the County Engineer, the Board of County Commis-sioners may release said collateral. If the Board determines that any of such improvements are not constructed in substantial compliance with specifications, it shall furnish the subdivider a list of specific deficiencies and shall be entitled to withhold collateral sufficient to ensure such substantial compliance. If the Board of County Commissioners determines that the subdivider will not construct any or all of the improvements in accordance with all of the specifications, the Board of County Commissioners may withdraw and employ from the deposit of collateral such funds as may be necessary to construct the improvements in accordance with the specifications.

D.   PLAT RESTRICTION

The Board of County Commissioners or any purchaser of any lot, lots, tract, or tracts of land subject to a plat restriction which is the security portion of a subdivision improvements agreement shall have the authority to bring an action in any district court to compel the enforcement of any subdivision improvements agreement on the sale, conveyance, or transfer of any such lot, lots, tract, or tracts of land or of any other provision of this section. Such authority shall include the right to compel rescission of any sale, conveyance, or transfer of title of any lot, lots, tract, or tracts of land contrary to the provisions of any such restriction set forth on the plat or in any separate recorded instrument, but any such action shall be commenced prior to the issuance of a building permit by any county where so required or otherwise prior to commencement of construction on any such lot, lots, tract, or tracts of land.

E.   ACCEPTANCE OF IMPROVEMENTS

The subdivider may request the County to accept the road improvements for mainte-nance. Upon receipt of the request in writing, the County Engineer shall inspect said improvements to see if the improvements are acceptable and conform to the County standards.

The Board of County Commissioners, upon receipt of the written report of recommendation from the County Engineer that all improvements have been installed in accordance with the plans as approved and are in conformity with the requirements of these regulations, may by resolution formally accept said road improvements for maintenance. Upon acceptance, the subdivider shall guarantee improvements for one (l) year period.

F.   REQUIRED IMPROVEMENTS

l.   Water and sewage systems:

a.   For the subdivision with lots smaller than two and one-half (2½) acres, the subdivider shall install public water and sewer systems.

b.   For subdivisions with lots of between two and one-half (2½) and five (5) acres, see Section 51.7.

c.   The water distribution concept and the sanitary sewer collection concept must be approved by the State Engineer and the County Health Department prior to final plat approval by the Board of County Commissioners.

2.   Underground Utilities: on lots of one-half (½) acre or smaller, telephone lines, electric lines of up to twenty-seven thousand (27,000) volts and other like utility services shall be placed underground. Transformers, switching boxes, terminal boxes, meter cabinets, pedestals, ducts and other facilities necessary to such underground utilities may be placed above ground.

3.   Street Signs and Traffic Control Devices: The subdivider shall install street signs and traffic control devices in accordance with the County Standard Specifications for highway work.

4.   Erosion Control Measures: Erosion control measures as outlined in the Drainage and Erosion Control Plan shall be implemented.

5.   Street Improvements:

a.   Dedication: The developer of the subdivision shall dedicate the entire right-of-way for all streets, roads, thoroughfares, and other public rights-of-way within the area to be developed, as specified in the County Thoroughfare Plan and the El Paso County Subdivision Regulations.

b.   Responsibility: The subdivider shall construct all improvements for collector and residential streets within the area to be developed.

The subdivider shall construct all improvements for arterial streets if such is contained entirely within the area to be developed.

All bridges (defined as structures having a clear span of twenty (20) feet) shall be funded and constructed by the subdivider in compliance with County specifications.

All major or minor arterial roadway bridges which service arterial roadways contained entirely within a subdivision shall be entirely funded and constructed by the developer in compliance with County specifications.

All major or minor arterial roadway bridges servicing arterial roadways which extend beyond the subdivision shall be constructed by the subdivider.

c.   Minimum improvements within county rights-of-way:

(l)   Curb, gutters and sidewalk: In subdivisions with lots of one (1) acre or less, the subdivider shall install curb, gutters, sidewalks, and necessary drainage facilities in compliance with the approved drainage plan.

(2) Paving: For subdivisions in which lot sizes are less than two and one-half (2½) acres per dwelling unit, the subdivider shall pave the streets to standards indicated within these regulations in accordance with approved plans and profiles, and install necessary drainage facilities in compliance with the approved drainage plan.

(3)   Other surfacing: For subdivisions in which lots are greater than two and one-half (2½) acres, the subdivider shall grade, provide drainage improvements, and surface in conformance with subdi-vision regulations, drainage plans, and air pollution regulations.

(4)   Fire hydrants: The subdivider shall install fire protection improve-ments in compliance with National Fire Protection Association Standards: Applicable district standards shall apply if they are more restrictive than the NFPA standards.

6.   All gas, electrical and related energy facilities.

G.   SUBDIVISION IMPROVEMENTS AGREEMENT

1.   "Subdivision improvements agreement" means one or more security arrangements which a county shall accept to secure the actual cost of construction of such public improvements as are required by county subdivision regulations within the subdivision and the contract guaranteeing said improvements. The "subdivision improvements agreement" may include any one or a combination of the types of security or collateral listed in this section, and the subdivider may substitute security in order to release portions of the subdivision for sale. The types of collateral which may be used as security under the "subdivision improvements agreement" are as follows: Restrictions on the conveyance, sale, or transfer of any lot, lots, tract, or tracts of land within the subdivision as set forth on the plat or as recorded by separate instrument; performance or property bonds; private or public escrow agreements. Security, other than plat restrictions, required under the "subdivision improvements agreement" shall equal in value the cost of improvements to be completed but shall not be required on the portion of the subdivision subject to plat restriction. The County shall not require security arrangements with collateral arrangements in excess of the actual cost of construction of the public improvements. The amount of security may be incrementally reduced as subdivision improvements are completed.

2.   The Board of County Commissioners or any purchaser of any lot, lots, tract, or tracts of land subject to a plat restriction which is the security portion of a subdivision improvements agreement shall have the authority to bring an action in any district court to compel the enforcement of any subdivision improvements agreement on the sale, conveyance, or transfer of any such lot, lots, tract or tracts of land or of any other provision of this section. Such authority shall include the right to compel rescission of any sale, conveyance, or transfer of title of any lot, lots, tract, or tracts of land contrary to the provisions of any such restriction set forth on the plat or in any separate recorded instrument, but any such action shall be commenced prior to the issuance of a building permit by any county where so required or otherwise prior to commencement of construction on any such lot, lots, tract or tracts of land.

3.   As improvements are completed, the subdivider may apply to the Board of County Commissioners for a release of part or all of the collateral deposited with said Board. Upon inspection and approval, the Board shall release said collateral. If the Board determines that any of such improvements are not constructed in substantial compliance with specifications, it shall furnish the subdivider a list of specific deficiencies and shall be entitled to withhold collateral sufficient to ensure such substantial compliance. If the Board of County Commissioners determines that the subdivider will not construct any or all of the improvements in accordance with all of the specifications, the Board of County Commissioners may withdraw and employ from the deposit of collateral such funds as may be necessary to construct the improvements in ac-cordance with the specifications.

H.   ESTIMATE OF GUARANTEED FUNDS

The estimate of guaranteed funds shall reflect the cost of County installation of improvements, computed using estimates based on probable cost of construction at the time of expiration of the Subdivision Improvements Agreement.

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