EL PASO COUNTY
LAND DEVELOPMENT CODE

Chapter V - Section 49.3 D
Drainage Facilities

1.   Dedication

The landowner shall dedicate the entire right-of-way or easement for all drainage and other facilities within the area to be developed as required by the Department of Transportation.

a.   Dedication shall include right-to-access if so required. The width of such dedication shall be in conformance with the El Paso County Engineering Criteria Manual and shall be so noted on the plat.

2.   Construction

a.   The developer shall construct all drainage, bridges and related structures within a subdivision.

b.   In cases in which drainage structures must be extended to or beyond the subdivision, the developer shall pay the entire cost of the extension, subject to appropriate payback agreements as provided for in this Section. Such improvements shall be considered, for review purposes, a part of the subdivision and shall be constructed to County standards.

c.   If the developer is not authorized to extend drainage facilities beyond his property, he may redesign his drainage plan in conformance with the Engineering Criteria Manual.

3.   Credit for Facilities

a.   The subdivider may be credited for drainage facility construction costs incurred which are identified in the applicable Drainage Basin Planning Study. Upon the completion and probationary acceptance of the drainage facilities for a subdivision as required, the unit drainage basin fees payable by the subdivider upon the land in the subdivision or that portion thereof will be computed. Drainage basin fees for the subdivision shall be based upon the fees payable at the time of final plat recording unless any changes in fees, to account for inflation, have been approved by the Board of County Commissioners, in which case the fees shall be those in effect at the time of bid opening for the drainage facilities construction. If, at the time of bid opening, the amount of said fees is less than the cost of providing the aforesaid facilities, the subdivider shall be entitled to a credit from the appropriate sub-fund for the basin involved, payable from the Subdivision Storm Drainage Fund. This credit shall be in an amount that the cost of providing said facilities exceeds the drainage basin fees payable by said subdivider, and is reimbursable subject to the availability of funds. If the final approval is applicable to only a portion of the subdi-vision or tract or tracts of land owned by the subdivider and located within the same drainage basin, at the option of the subdivider, the credit for the cost of the facilities installation in excess of the drainage basin fees may be applied upon and credited to the drainage basin fees due upon the balance of the said subdivision or tract or tracts of land; provided how-ever, that the subdivider furnishes the Subdivision Storm Drainage Board satisfactory evidence that the subdivider owns the subdivision or tract or tracts of land or has entered into a written contract to purchase the same, as of the date that application for said credit is made.

b.   Determination of Credit for Drainage Facilities. The credit to which a subdivider shall be entitled from the appropriate subfund of the basin involved in the Subdivision Storm Drainage Fund, as set forth in sub-section a. above, shall be determined on the basis of the actual cost incurred in constructing the drainage facilities, plus ten percent (10%) for engineering expense. The subdivider shall be responsible for contracting for the construction of the drainage facilities after receiving at least three (3) sealed bids for construction of the drainage facilities. If the sub-divider is unable to get at least three (3) sealed bids the Director of Transportation shall be responsible for determining that the bids received are the lowest responsible bids. The decision of the Director of Transportation may be reviewed by the Drainage Board. Bidders must be on the approved contractor list. Should the bids exceed the estimate of the cost of constructing the drainage facilities as set forth in the approved drainage plan, they shall be rejected unless the subdivider's engineer and the Director of the Department of Transportation or his designated representative determine that any bid exceeding the engineer's estimate is the lowest responsible bidder. Although the subdivider is ordinarily expected to accept the lowest responsible bid, the subdivider may declare his desire to accept a higher bid. If such is the case any credit shall be based on the lowest responsible bid. Any disputes pertaining to this Section shall be referred to the Drainage Board for review, and recommendations of such Board may be approved or disapproved by the Board of County Com-mis-sioners.

c.   Determination of credit for land used for public detention facilities. The credit to which a subdivider shall be entitled from the appropriate sub-fund of the basin involved in the Subdivision Drainage Fund shall be determined on a per acre basis as set forth in the appropriate approved Drainage Basin Planning Study. The per acre land credit shall be equal to and limited by the unit detention reservoir land fee in use at the time of detention facilities by the subdivider.

d.   Credit may be given to any entity or individual who constructs facilities which are included in the County plan for development of drainage basins (applicable Drainage Basin Planning Study), such plan being the basis for drainage fees, in a manner consistent with the above paragraph 3.b. or 3.c.

4.   Drainage Basin Fees

Drainage fees are as per the schedule adopted by the Board of County Commissioners.

Identified Drainage Basins are as follows:

5.   Applicability of Provisions

a.   Land not otherwise excluded or exempted under D.7.,

1)   Upon which drainage fees have not been assessed, or

2)   Upon which drainage facilities have not been built in accordance with accepted detailed drainage plans and specifications, or

3)   Upon which detailed drainage plans and specifications have not been submitted, shall not be finally replatted or resubdivided until the terms of this plat are complied with.

b.   Land

1)   Upon which drainage fees have been paid, or

2)   Upon which drainage facilities have been built in accordance with accepted detailed plans and specifications, may be replatted or re-subdivided without additional assessment of drainage fees if there is not an increase in the number of lots replatted, additional acreage is not included in the replat, or a rezoning of the land has not occurred since the previous plat.

6.   Exclusions and Exemptions

Drainage fees shall not be imposed upon any subdivision which has received Final Plat approval from the Board of County Commissioners on or before December 17, 1984, except for lands being replatted.

7.   Annexed Lands

The owner or owners of lands which have been annexed to the City upon the condition and understanding that said lands would be subject to the City's drainage control ordinance.

8.   Drainage Plan

(see Section 51.1, Drainage and Erosion Control Plans)

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