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 El Paso County
 Land Development Code
 Chapter 8. SUBDIVISION DESIGN, IMPROVEMENTS AND DEDICATIONS

  § 8.6. CONSTRUCTION AND ACCEPTANCE OF REQUIRED IMPROVEMENTS  

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  • 8.6.1.   General

    (A)

    Construction of Common Development and Public Improvements. The owner shall be responsible for constructing the required common development and public improvements unless otherwise explicitly provided, including roads, drainage facilities, bridges and related structures, utilities, etc.

    (B)

    Improvements to Division of Land Require Construction Permit. No common development or public improvements shall be constructed until a Construction Permit and Notice to Proceed have been secured from the ECM Administrator in accordance with the ECM.

    8.6.2.   Responsibility for Road Construction

    (A)

    Road Construction to Conform to this Code and ECM. Roads shall be constructed in conformance with the roadway standards specified in this Code, the ECM, related technical documents, and other applicable County standards, regulations, and ordinances. The County requirements regarding roadway functional classification, roadway design criteria, and access criteria are included in Chapter 2 of the ECM.

    (B)

    Capital Cost of Adequate Transportation Facilities. Capital costs for new roadway systems and transportation system improvements directly assignable to the needs generated by the division of land shall be paid by those who would benefit.

    (C)

    Construction of Required Road Improvements. The owner is responsible for construction of the road and related improvements necessary to serve the division of land and connect the division of land to existing roads, which may include but are not limited to curbs, gutters, sidewalks, roads, traffic control devices, drainage facilities, drainage structures and trails.

    (1)

    Internal Roads. The entire cost associated with construction of the internal roads and related facilities is the responsibility of the owner, including any costs associated with the construction of a road with an arterial classification or below as identified in the MTCP, the TIS, or both, which is located entirely within the division of land.

    (2)

    Adjacent Roads and Related Improvements. Where an existing County road must be extended to serve the division of land, the owner of the division of land shall pay the entire cost of the extension. For review purposes, the improvements shall be considered a part of the division of land.

    (3)

    Half Road Construction. If ½ of a required road right-of-way is approved for dedication, the entire road cross-section may be required to be constructed in the dedicated half if approved by the ECM Administrator.

    (4)

    Railroad Grade Separations Required. Where railroad crossings are proposed or are affected, provisions for grade separation, buffer strips, and safety protection devices shall be provided by the owner. Obtaining approval from the affected railroad company and the Colorado Public Utilities Commission, where applicable, shall be the owner's responsibility.

    8.6.3.   Responsibility for Drainage Improvements

    (A)

    Owner Responsible for Drainage Improvements. The owner shall construct the required drainage, bridge, and related structures. Drainage, bridge, and related structures shall be constructed in conformance with ECM requirements.

    (B)

    Extension of Facilities Outside Boundaries of Subdivision. Where drainage structures must be extended to or beyond the subdivision, the owner shall pay the entire cost of the extension, subject to appropriate reimbursement provisions of the Drainage Fee Resolution and the drainage criteria. For review purposes, the improvements shall be considered a part of the division of land, shall be included in the surety estimate, and shall be constructed to County standards. If the owner is not authorized to extend drainage facilities beyond the owner property, the owner shall redesign the drainage plan in conformance with the ECM.

    8.6.4.   Acceptance of Public Improvements

    (A)

    Acceptance of Public Improvements Required Before Maintenance Begins. The BoCC shall withhold public maintenance of rights-of-way, easements or public improvements that have not been accepted by the BoCC in accordance with the provisions of the ECM and this Code.

    (B)

    County Acceptance of Public Improvements. The ECM provides an acceptance process and warranty period for new or upgraded public roads, drainage facilities, and other improvements. The acceptance process requires financial surety to ensure that the public will not be forced to bear the cost of maintaining or correcting inadequately designed or constructed improvements.