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 El Paso County
 Land Development Code
 Chapter 7. RULES GOVERNING DIVISIONS OF LAND

§ 7.1. GENERAL  

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  • 7.1.1.   Purpose

    The purpose of this Chapter is to establish the rules governing the division of land in El Paso County in accordance with C.R.S. §§ 30-28-101 et seq., and to provide clear criteria the County will use in processing and approving divisions of land. It is hereby declared that the standards contained in this Chapter are necessary for the protection and preservation of the public health, safety and general welfare. It is intended that the implementation of these standards accomplish the following objectives:

    • Provide efficient and effective review, determination, and compliance procedures;

    • Ensure proper legal description, identification, monumentation, and recording of property boundaries;

    • Ensure adequate access;

    • Prevent the haphazard division of land and the inadequate provision of physical improvements;

    • Ensure that a division of land complies with other rules and regulations, such as zoning and environmental regulations, pertinent to the development;

    • Ensure safe and convenient traffic control;

    • Prevent flooding within developments by providing adequate flood control and drainage facilities;

    • Ensure the installation of necessary and adequate roads, water, wastewater, and sidewalk facilities; and

    • Ensure compliance with C.R.S. §§ 30-21-101 et seq., and the Master Plan C.R.S. § 30-28-106.

    7.1.2.   Applicability

    Any subdivision, subdivision exemption, or other action that creates or modifies property boundaries or interests in property, as defined by this Code, shall conform to the requirements of this Chapter.

    7.1.3.   Requirement to File Plat for Recording

    The filing for recording with the Clerk and Recorder of an approved plat is required for all subdivisions, subdivision exemptions, or other actions that create or modify property boundaries or interests in property except as otherwise provided by this Code.

    An approved plat shall be filed for recording with the Clerk and Recorder within one year of receiving final approval from the approving authority. If the approved plat is not filed within one year of receiving final approval from the approving authority, the approval shall be void and the plat shall not be filed for recording until a new approval is granted by the applicable approving authority in accordance with the requirements of this Code and the Procedures Manual.

    7.1.4.   Compliance with Regulations

    (A)

    No Unusable Lots, Tracts or Parcels. No lot, tract, or parcel of land shall be created, either by inclusion within or exclusion from a subdivision, subdivision exemption or other action that creates or modifies property boundaries or interests in property, as defined by this Code, which will result in a lot, tract, or parcel of land that cannot be used for an allowed use under the existing zoning district standards including all applicable dimensional standards.

    (B)

    Approval of Action Does Not Abrogate Responsibility to Comply with Other Regulations. The approval of a subdivision, subdivision exemption or other action that creates or modifies property boundaries or interests in property, as defined by this Code, does not abrogate any legal requirement to comply with the rules and regulations of any other governmental agency, local, state, or federal, which may have jurisdiction over the proposed activity.

    7.1.5.   Taxes Paid

    No plat of a subdivision, subdivision exemption or other action that creates or modifies property boundaries or interests in property, as defined by this Code, shall be filed for recording with the Clerk and Recorder until all taxes have been paid on the land.

    7.1.6.   Design Objectives

    A division of land should be designed to create a functional and attractive environment, minimize adverse impacts, provide maximum livability, provide safe and efficient access and circulation, and generally be an asset to a community. The approval authority may, in the application of this Code, exercise design discretion to achieve the intent and purpose of this Code. All divisions of land shall comply with the design standards in Chapter 8 unless otherwise specifically provided.

    7.1.7.   Review Procedures

    The PCD Director shall coordinate the formal technical review of all divisions of land to ensure the plats are prepared in accordance with all applicable codes, ordinances, and development standards. The PCD Director shall prepare and implement detailed procedures and standards for document preparation, submittal, and review to carry out the intent of this Code for subdivisions, subdivision exemptions, or other action that creates or modifies property boundaries or interests in property, as defined by this Code. The procedures and standards shall be incorporated into the Procedures Manual by the PCD Director. The PCD Director has the discretionary authority to modify the review procedures from time-to-time to meet the intent and purpose of this Code and pursuant to C.R.S. § 30-28-133.5.

    7.1.8.   Vesting

    The recording of the approved plat is considered a site specific development plan for the purposes of establishing vested rights. No additional vesting procedure is required.