EL PASO COUNTY
LAND DEVELOPMENT CODE

Chaper V - Section 49.3 B
School Dedication Standards

1.   Division of Responsibility

The appropriate school district shall, pursuant to statute, after review of sketch plans, preliminary plans and final plats on a case-by-case basis, make recommendations to the Planning Commission and the Board of County Commissioners concerning the adequacy of provisions for school needs in each application being considered.

2.   Criteria

The appropriate school district shall consider the following criteria prior to making recommendations to the Planning Commis-sion and to the Board of County Commissioners:

a.   The assurance that areas set aside for schools within each development have been examined for compliance with all regional plans, particularly the El Paso County Land Use Plan.

b.   The determination of the population densities which will result from the proposed development and their relations to school needs.

c.   The assessment of the suitability of proposed land dedications for school uses.

d.   The examination of the size, shape, topography, geology, presence, and condition of ground cover and timber, condition of soil, drainage, location, access and availability of water to lands proposed for school uses.

e.   The assurance of the protection of natural and historical features, scenic vistas, watersheds, timber and wildlife.

f.   The demonstration of a present or future need for a school site.

3.   Standards for Dedication or Fees in Lieu Thereof

Dedication of land, or the payment of fees in lieu thereof or a combination of such dedication and such payment shall be made for school needs. The following standards will be employed by the appropriate school district in making recommendations concerning this dedication or fees in lieu thereof.

a.   School Standards: The minimum acreage for the dedication of school sites should be based upon the following guidelines:

Elementary schools	Ten(10) acres
Junior high schools	Twenty (20) acres
Senior high schools	Thirty (30) acres

b.   Dedication Standards: Applicable fees in lieu of land dedication shall be established by resolution of the Board of County Commissioners. Dedication of land for school purposes shall be based on the following standards:

Land Dedication Per Unit in Square Feet

Single Family Detached	943
Mobile Home Parks	470
All Others	233

Single Family Detached - a residential dwelling unit com-pletely separate of other units and situated on its own lot. A mobile home subdivision shall be included within this definition.

Mobile Home Park - any tract of land for the accommoda-tion of mobile homes and held in single ownership or unified control.

All Others - all other types of residential units including, but not limited to, townhomes, condominiums, apartments, and single-family attached.

c.   Fees in Lieu of Land or Guarantee of Future Land Dedication at Option of School District: When, after recommendation of the appropriate school district, dedication of all or portions of required school lands is not deemed feasible or in the public interest, the school district may recom-mend to the Board of County Commissioners one of the following options:

(1)   Guarantee of future land dedication may be requested by the school district when dedication of all or portions of required school lands is not deemed feasible or in the public interest in a particular phase of development. Prior to final plat approval, the developer and the Board of County Commissioners shall enter into a written agreement in which the developer guarantees the future dedication of land for school sites. Said agree-ment shall be executed by the current owner(s) of the site(s) and the guarantor, who shall provide proof of ownership. The agreement shall include a legal description of the property to be dedicated in a subsequent phase of the subdivision and shall be recorded with the Office of the Clerk and Recorder of El Paso County. Said agreement shall also be binding upon the developer's heirs, legal representatives, successors in interest, and assigns.

Where the proposed developed does not generate the required dedication for a school site or there is not an acceptable location for a school site within the development, applicants shall be permitted to enter into agreements for the acquisition of a nearby school site reasonably serving the subdivision and the residents thereof, and receive credits against any dedication requirement if expressly authorized by the Board of County Commissioners. Said agreement shall be executed by the current owner(s) of the site(s) and the guarantor, who shall provide proof of ownership. The agreement shall include a legal description of the property to be dedicated and shall be recorded with the Office of the Clerk and Recorder of El Paso County. Said agreement shall also be binding upon the developer's heirs, legal representatives, successors in interest, and assigns. (12/23/04)

(2)   Fees in lieu of land: When, after recommendation of the school district, dedication of all or portions of required school lands is not deemed feasible or in the public interest, the Board of County Commissioners shall require the payment of fees in lieu thereof.

d.   Procedure: The procedure for determining whether the petitioner is to dedicate land, pay a fee, or a combination of land dedication and fees, pursuant to statute, shall be as follows:

(1)   At the time of filing a sketch plan or a preliminary plan for approval, the developer shall, as part of such filing, designate the general area or areas he proposes to set aside as school areas and shall indicate the number of acres proposed for such uses and the number of proposed dwelling units in the development.

(2)   The preliminary plans and final plats of a proposed subdivision of the development shall designate the specific areas proposed for uses as school areas, the number of acres so designated and the proposed number of dwelling units by type in the development.

(3)   At the time of preliminary plan approval, the Planning Com-mission shall, in consideration of the appropriate school district's recommendations, determine as part of such approval whether or not to recommend to the Board of County Commissioners dedication of land, payment of fees in lieu thereof, or a combination of both.

e.   If the Board of County Commissioners determines that the dedication of land for school purposes is appropriate, then the developer shall convey the property by warranty deed to the Board of County Commissioners with the recording of the final plat.

(1)   The Board of County Commissioners shall give written notifica-tion to the appropriate school district of the dedication. Following such notice, a school district may request the property and shall demonstrate to the Board of County Commissioners a need for said land.

(2)   Upon approval by the Board of County Commissioners of the school district's request for the land, said property shall be immediately reconveyed by the Board of County Commissioners to the appropriate school district.

(3)   Reconveyance by the Board of County Commissioners to the affected school district shall include in the deed a reverter clause providing that said property shall revert to El Paso County if the property is not used for public school purposes.

(4)   If a dedicated school site is not requested by the affected school district within ten (10) years from the date of dedication, the Board of County Commissioners may consider disposal of such dedicated school land pursuant to section 49.3(B)(3)(g).

f.   If the Board of County Commissioners determines that fees in lieu of the dedication of land for school purposes is appropriate, then said fees in lieu of land dedication shall be paid to El Paso County with the recording of the final plat.

(1)   Upon receipt of the school fees, the Board of County Commis-sioners shall give written notification to the appropriate school district.

(2)   Following such notice, a school district may request said fees and shall demonstrate to the Board of County Commissioners a need for the use of said fees as permitted by state statute.

(3)   Upon approval of the school district's request for fees, said fees shall be immediately transferred to the appropriate school district.

g.   Disposal of Dedicated Land

If a dedicated school site is no longer needed by a school district, the Board of County Commissioners may, at the request of the school district, sell the land. The developer who previously dedicated the surplus school property shall be given the right of first refusal to purchase said property, upon payment of the current school fees. If the developer who dedicated the school property does not wish to purchase said property, then the property shall be sold at public sale. The proceeds of such sale of dedicated school property shall be held by the Board of County Commis-sioners until the affected school district demonstrates a need for the use of said fees as permitted by state statute.

h.     Amount of Fees in Lieu of Land Dedication.

The fees in lieu of land dedication shall be established and reviewed each year as of January 1st by the Board of County Commissioners upon recommendation of the School Fee Advisory Committee through the Regulatory Review Committee and the Planning Commission.

i.   Reservation of School Sites for Future Acquisition by a School District.

(1)   The purpose of reserving a school site on a final plat is to allow flexibility in the planning for school needs. When the dedication of land or the payment of fees will not be adequate to meet school needs, reservation of a school site may be used in appropriate in-stances to set aside the space needed for future acquisition by a school district.

(2)   The reservation of land for school purposes merely sets aside land as specified on the final plat for public school purposes for a period of two (2) years and does not constitute a conveyance by the developer of that property to the Board of County Commis-sioners or affected school district.

(3)   Reservation of a school site does not operate as a substitute for the dedication of school land and is only an option in addition to the requirements of either the dedication of land or the payment of fees in lieu thereof.

(4)   The developer is entitled to compensation when the school district elects to take reserved land for school purposes. Acquisition of a reserved school site from the developer shall be the responsibility of the school district.

(5)   Until the designation as reserved for a public school site is removed by the Board of County Commissioners from the final plat, the developer shall not utilize said property in any manner inconsistent with the reservation.

(6)   The developer shall indicate the designated school site(s) on the final plat as "reserved for public school purposes for two (2) years from the date of recording of this instrument".

(7)   The two-year period for reservation of school sites may be extended by the mutual consent of the school district and the developer, its successors, or assigns. Said agreement shall be in writing and shall be recorded with the Clerk and Recorder of El Paso County.

j.   Removal of the Plat Restriction Reserving Land for School Purposes.

(1)   The developer shall be bound by the reservation of a school site(s) on a final plat for a period of two (2) years from the date of recording of that instrument, unless said time period is extended.

(2)   Upon mutual agreement of the developer, or its successors or assigns, and the school district, the designation of land as reserved for public school purposes may be removed from the final plat by the Board of County Commissioners at any time prior to the expira-tion of the two-year period.

(3)   Upon expiration of the two-year period, the developer may petition to remove the designation of land as reserved for public school purposes from the final plat.

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