Article 1. General Provisions  

9.101.   Designation of Activity of State Interest

The following activity of state interest is hereby designated: site selection of rapid or mass transit terminals, stations and fixed guideways (also collectively referred to herein as "rapid or mass transit facilities"). No person may engage in development, including site selection construction, expansion, reoperation, relocation or other significant change in use of such activity wholly or partially within unincorporated El Paso County without first obtaining a permit pursuant to these Regulations.

9.102.   Purpose and Intent

The purpose and intent of these regulations contained in this Chapter are to:

(1)

Regulate the site selection of rapid or mass transit facilities to prevent significant deterioration or degradation of existing air and water quality in El Paso County;

(2)

Regulate the site selection of rapid or mass transit facilities to preserve the health and welfare of the citizens of El Paso County;

(3)

Avoid or reduce conflicts of rapid or mass transit facilities with the appropriate corridor studies, access management or control plans, and Pikes Peak Rural Transportation Authority funding list A, B, and C projects;

(4)

Encourage planned and orderly land use and development;

(5)

Ensure that rapid or mass transit facilities are located and developed in a manner designed to minimize congestion in the streets; to secure safety from fire, flood waters, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements;

(6)

Ensure that activities involving rapid or mass transit facilities are conducted with reasonable consideration as to the character of the area and its peculiar suitability for particular uses;

(7)

Conserve property values in the vicinity of rapid or mass transit facilities; and

(8)

Encourage that the burdens imposed by rapid or mass transit facilities are equally shared by the persons proposing or benefiting from them as well as the local governments included.

9.103.   Definitions

For the purpose of this Chapter, the following definitions shall apply:

(1)

Applicant means any person, including a municipality, special district or authority, state, or federal entity, proposing to locate highway rapid or mass transit facility.

(2)

Corridor means a specified area or route within which a transit alignment would be located.

(3)

Fixed guideway facility means any conventional or new technology which operates its own dedicated right of way and associated terminals, stations and maintenance facilities.

(4)

Impact area means that area within the County which is served or potentially served by a rapid or mass transit facility or which would be impacted, directly, indirectly or cumulatively, by the location of a rapid or mass transit facility.

(5)

Major travel corridor means a street or combination of streets which carry a large volume of traffic.

(6)

Mass transit means a coordinated system of transit modes providing transportation for use by the general public, including, but not limited to all types of vehicles and systems (such as rail, light rail and buses) and associated facilities and operational characteristics such as routing, shelters, stations, parking lots, park and ride facilities, maintenance facilities and associated land uses.

(7)

Rapid transit means the element of a mass transit system involving a mechanical conveyance on an exclusive lane or guideway constructed solely for that purpose.

(8)

Shelters means a facility designed primarily to provide a waiting area for transit passengers.

(9)

Site selection means the process for determining the location of rapid or mass transit facilities or the expansion or relocation of an existing facility.

(10)

Station and/or terminal means a facility constructed to serve both passenger access and egress to a transit system as well as necessary vehicle operations.

9.104.   Applicability; Exemptions

(1)

This Chapter 10 shall apply to the site selection of all rapid or mass transit facilities wholly or partially within the unincorporated territory of El Paso County.

(2)

A Permit is not required under this Chapter for the following activities: site selection of rapid or mass transit facilities which are to be constructed, owned or maintained by El Paso County.