16.42.010 Design standards.

     All subdivisions approved by the Board must comply with the following standards.

16.42.020 General standards.

     A. The design and development of subdivisions shall preserve, insofar as it is possible, the natural terrain, natural drainage, existing topsoil, and trees.

     B. Land subject to hazardous conditions such as landslides, mudflows, rock falls, snow avalanches, possible mine or ground subsidence, unstable slopes, seismic effects, expansive soils and rocks, shallow water table, open quarries, mineral resources, floodplains, debris fans, possible wildfires, radioactivity, and polluted or nonpotable water supply shall be identified and shall not be subdivided until: (1) the hazards have been eliminated or will be eliminated by subdivision and construction plans; and (2) a permit under Chapter 17.148, Areas and Activities of State and Local Interest, has been issued.

     C. Lots.

     1. No single lot shall be divided by a municipal or County boundary line.

     2. A lot shall not be divided by a road, alley or other lot.

     3. Wedge-Shaped Lots. In the case of wedge-shaped lots, no lot shall be less than zone provisions in which located.

     4. Lot Lines. Side lot lines shall be at substantially right angles or radial to street lines. Where lot lines are not at right angles to the street lines, this shall be indicated.

     5. Front on Public Street. No requirement.

     6. Double-Frontage Lots. Double frontage lots shall not be permitted.

16.42.030 Streets.

     The design and construction of all new roads and streets shall be in accordance with the Pueblo County Roadway Design and Construction Standards.

     A. Street Names. Streets shall have the names of existing streets, which are in alignment in the County or in an adjoining county or municipality. There shall be no duplication of street names within the area.

     B. Frontage of Major Highways. Where a residential subdivision abuts a major highway, service roads may be required.

16.42.040 Sidewalks and curb and gutter.

     Requirement for sidewalk and curb and gutter shall be pursuant to the Pueblo County Roadway Design and Construction Standards.

16.42.050 Block standards and walks.

      A. Block Standards. Block lengths shall be reasonable in length and the total design provide for convenient access and circulation for emergency vehicles.

     B. Pedestrian Walks. Where blocks exceed one thousand (1,000) feet in length, pedestrian rights-of-way of not less than ten (10) feet in width shall be provided through blocks where needed for adequate pedestrian circulation. Improved walks of not less than five (5) feet in width shall be placed within the rights-of-way.

16.42.060 Easement standards.

     Easements where deemed necessary and requested by appropriate entities such as utility companies, Pueblo County Public Works, Colorado Department of Transportation, ditch companies, and other public and quasi-public entities shall be a minimum of ten (10) feet in width or such greater width as may be requested by one or more of the aforementioned entities.

16.42.070 Driveways.

     Driveways shall be permitted to have direct access to major highways, as approved by local State Division of Highways.

16.42.080 Sanitary sewage disposal.

     A. General Requirements. In all new subdivisions all lots or parcels which cannot be connected to a public or community sanitary sewage system shall be provided with an on-lot sewage disposal system prior to the occupancy of, or use of buildings constructed thereon. In order to determine the adequacy of the soil involved to properly absorb sewage effluent and to determine the minimum lot area required for such installations, an interpretive map based on the National Cooperative Soil Survey showing the suitability of the soil for septic tank fields or pits will be submitted along with the results of percolation tests. The results of these data will be reviewed by the Board and by the Department of Health, to determine the general suitability of the soil for on-lot disposal systems.

     1. Lands made, altered or filled with non-earth materials within the last ten (10) years shall not be divided into building sites which are to be served by soil absorption waste disposal systems.

     2. Each lot shall have fifty (50) percent of its minimum required lot area or twenty thousand (20,000) square feet, whichever is less, in slopes of less than fifteen (15) percent.

     3. Each subdivided lot to be served by an on-site soil absorption sewage disposal system shall contain an adequate site for such system. An adequate site requires a minimum depth of eight (8) feet from the surface of the ground to impermeable bedrock, and a minimum depth of eight (8) feet from the surface of the ground to the groundwater surface (based on annual high water level).

     Each site must also be at least one hundred (100) feet from any water supply well, at least fifty (50) feet from any stream or water course, and at least ten (10) feet from any dwelling or property line.

     4. Soils having a percolation rate slower than sixty (60) minutes per inch shall not be divided into building sites to be served by soil absorption sewage disposal systems.

     5. Land rated as having severe limitations for septic tank absorption fields as defined by the (county soil survey) U.S. Department of Agriculture, Soil Conservation Service, shall not be divided into building sites to be serviced by soil absorption sewage disposal systems unless such building sites contain not less than twenty thousand (20,000) square feet of other soils rated suitable for building construction and installation of an on-site soils absorption sewage disposal system.

     6. An applicant desiring to install soil absorption sewage disposal facilities on the soils having severe limitations, as determined in the preliminary plan review, shall: have additional on-site investigations made, including percolation tests; obtain the certification of a soils scientist that specific areas lying within these soils are suitable for the proposed soil absorption sewage disposal system; and meet the Health Department regulations. In addition, the Sanitary Inspector shall find that the proposed corrective measures have overcome the severe soil limitations.

     7. Other applicable standards adopted by the Board or the Health Department: An applicant desiring to install soil absorption sewage disposal facilities on soils having severe limitations shall have an opportunity to present evidence contesting such classification and analysis, if he or she so desires. Thereafter, the Board may affirm, modify or change the classification.

     B. Sanitary Sewer Mains, Laterals and House Connections. Where local, County and regional master plans indicate that construction or extension of sanitary sewers may serve the subdivision area within a reasonable time, the Board may require the installation and capping of sanitary sewer mains and house connections in addition to the installation of temporary individual on-lot sanitary disposal systems. Responsibility for the design and supervision of installation of all capped sewers, laterals, and house connections shall be that of the county involved. Whenever individual on-lot sanitary sewage disposal systems are proposed the subdivider shall either install such facilities, or require by deed restrictions or otherwise as a condition of the sale of each lot or parcel within such subdivision that on-lot sanitary sewage disposal facilities be installed by the purchaser of the lot at the time that the principal building is constructed. In all other cases, sanitary sewage disposal facilities shall be provided for every lot or parcel by a complete community or public sanitary system.

     C. Test Procedures. Test procedures shall be conducted in accordance with U.S. Public Health Service Publication Number 526,1963 Edition, and other County requirements.

16.42.090 Water supply.

     The subdivider shall construct or cause to be constructed a complete water distribution system (unless such subdivider proposes individual "on lot" water supply system) in accordance with the specifications of the local health authority who shall enforce the regulations of the State of Colorado health authority, and such water distribution system shall include and provide for the installation of fire hydrants, pursuant to the "fire protection" requirements of these Subdivision Regulations.

16.42.100 Storm drainage and floodplains.

     A. Complete drainage systems for the entire subdivision area shall be designed by a professional engineer, licensed in the State of Colorado and qualified to perform such work and shall be shown graphically. All existing drainage features which are to be incorporated in the design shall be so identified. If the final plat is to be presented in section, a general drainage plan for the entire area shall be presented with the first section and appropriate development stages for the drainage system for each section shall be indicated.

     B. The drainage and floodplain systems shall be designed:

     1. To permit the unimpeded flow of natural water courses;

     2. To ensure adequate drainage of all low points;

     3. To ensure the applications regarding development in designated floodplains comply with Title 17 Land Use Division I. Zoning Chapter 17.04 GENERAL PROVISIONS AND DEFINITIONS Section 17.04.040 Definitions and Chapter 17.108 FLOOD HAZARD AREA REGULATIONS.

     C. The drainage system shall be designed to consider the drainage basin as a whole and shall accommodate not only runoff from the subdivision area but also, where applicable, the system shall be designed to accommodate the runoff from those areas adjacent to and upstream from the subdivision itself, as well as its effects on lands downstream.

     D. All proposed surface-drainage structures shall be indicated.

     E. All appropriate designs, details and dimensions necessary to clearly explain proposed construction materials and elevations shall be included in the drainage plans.

16.42.110 Subdividing or planning of parcel.

     Where an entire parcel is not subdivided, the subdivider must indicate his or her intended plans for disposition of the remainder of the parcel.

16.42.120 Public sites and open spaces.

     A. Definitions. For the purpose of this section, certain words are defined as follows, unless context clearly indicates otherwise:

     1. District Park. A district park usually provides such specialized facilities as a swimming pool, tennis complex, recreation center, regulation size playing fields, an outdoor theater, restrooms, large grass and tree areas, and off-street parking. The park should be located within ten (10) minutes’ driving time of all residents within the area intended to be served.

     2. Neighborhood Park. A neighborhood park provides the primary source of recreational open space for the residents of its service area. The neighborhood park usually provides such facilities as structured and unstructured play areas, paved multipurpose area, playing field, open grassed area, picnic facilities, shaded sitting area, and a shelter. The park should be located within one-half mile or less of walking distance from any point in its service area.

     B. Dedication of Park Sites and School Sites. The regulations of this section shall not apply to subdivisions which are completely nonresidential. In the event of subsequent application for a change of zoning or other regulations, which change shall permit the use of all or a portion of such subdivision for residential purposes, then the approval of such change, if granted, shall be made contingent upon the applicant satisfying the requirements of this Section for residential subdivisions.

    Each subdivision for residential purposes in the county of Pueblo shall pay a fee-in-lieu of conveyance or shall convey land for the purpose of providing park sites and school sites to serve the future residents of the subdivision. The conveyance of land may occur upon the recommendation of the appropriate School Board and the County Planning Commission.

     For all such conveyed land, the criteria to be considered in determining whether or not to accept land in lieu of the fees described below shall be:

     1. That it be adequate in size, shape and access for the use intended;

     2. That from considerations of topography, condition of soil, drainage, location and availability of water, it be suitable for any building purposes contemplated;

     3. That it be consistent with the regional plans;

     4. That protection of natural and historical features, scenic vistas, watersheds, timber and wildlife be assured.

Minimum Land Requirements or Fees Per Dwelling Unit
 Park School
Type Unit Acres Fees Acres Fees
Single-family 0.025 $76.00 0.019 $95.00
Multi-family 0.021 $63.00 0.01 $50.00
Mobile home 0.019 $56.00 0.007 $35.00

  This fee schedule may hereafter be reviewed and amended.

     The owner, for final plat approval, shall designate in the form of an agreement the number of dwelling units proposed for each lot in the subdivision. The required conveyance of land or fees shall be based upon the type and total number of dwelling units set forth in this agreement. This agreement shall be known as a "density agreement" and shall be recorded with the subdivision. This agreement shall run with the land and shall be enforceable by the County. The agreement may be subsequently amended upon the concurrence of the Board and the owner. Additional subdivision of a lot or lots for which conveyance has been made or fees have been paid shall provide the owner with "credit" for park site and school site requirements equal to the number of dwelling units previously provided for in the agreement then in force.

     Example: Lot X is ten (10) acres in size and has met the park and school site requirements for one (1) single-family dwelling unit; Lot X is being subdivided into five (5) two-acre lots, each to have a single-family dwelling unit; the owner must meet the requirements for only four (4) additional dwelling units.

     Conversion from the multi-family requirements to the single-family requirements shall be on a pro rata basis.

     The requirements of school sites and park sites are separate for the purpose of conveyance or fees. Conveyance may be made to satisfy one and fees to satisfy the other. A combination of partial conveyance and partial fees may be made to meet the requirements of either park sites or school sites.

     The site to be conveyed need not be located within the proposed subdivision, provided it will serve the residents of said subdivision.

     Conveyance of land shall occur by deed at the time of final plat approval.

     Payment of fees shall occur within one hundred and eighty (180) days from the date of final plat approval. If fees are not paid at the time of final flat approval, then a performance bond equal to all outstanding fees-in-lieu of conveyance shall be obtained by the owner. The bond shall be payable in full to the County if fees are not paid within one hundred and eighty (180) days.

     C. Site Standards. The following standards shall govern the conveyance of sites for park and school purposes:


Type Minimum Site Size Population Serviced
Neighborhood Park 5 acres 2.5 acres/1,000 population
District Park 20 acres 5.0 acres/1,000 population
Elementary School 10 acres 400 students
Junior High School 20 acres 800 students
Senior High School 30 acres 1,200 students

  The site shall be accepted for the purpose of meeting the requirements of this Section only if it meets the minimum size for such site or enlarges an existing deficient site.

     D. Private Parks. The Board may approve private parks as meeting all or part of the park conveyance requirements of this Section, provided:

     1. All standards contained in Subsection C of this Section are met;

     2. Development, use and maintenance are guaranteed, with the County having full authority to enforce such guarantees;

     3. The private park will serve the residents of the subdivision without discrimination; and

     4. The uses provided for shall not be so specialized as to inhibit enjoyment thereof by all residents of the subdivision.

     E. Lease, Trade or Sale. The Board may lease any conveyed or acquired site for an interim use (e.g., crop production, grazing, mineral extraction) provided:

     1. Such use will not be detrimental to adjacent property; and

     2. Such use will not impede the development of such site for its intended use.

     Proceeds of any such lease may be transferred to the County General Fund, or be expended to improve the site, or be used to repay a "Dwelling Unit Conveyance Advance."

     The Board may trade a deeded or acquired site, provided the site to be received will serve the residents of the conveying subdivision for the purpose intended.

     The Board may sell a deeded or acquired site, provided all monies received from such sale shall be used to acquire a site to serve the residents of the conveying subdivision for the purpose intended, or to repay a "Dwelling Unit Conveyance Advance."

     F. Disposition of Site and Fees. The Board shall accept conveyance of all approved sites and shall retain ownership until requested by the appropriate school district or recreation district to transfer such sites. Transfer of such sites shall be made upon demonstration of need and ability to develop such sites.

     The Board shall accept all fees paid in lieu of conveyance and shall deposit same in separate interest-bearing accounts. The Board may transfer fees upon request to the appropriate school district or recreation district for the acquisition of sites which serve the subdivisions having paid said fees. Transfer shall be made upon demonstration of need and ability to develop the site to be acquired.

     In addition to site acquisition, fees may be expended on such incidental and related expenses and public notices, legal fees, survey fees, appraisal fees, planning fees, engineering fees, the extension of utilities to the site, and rough fill and grading of the site reasonably necessary to meet the requirements and intent of this Section. Fees may also be expended to repay a "Dwelling Unit Conveyance Advance."

     G. Dwelling Unit Conveyance Advance. The Board, appropriate school district, or recreation district may advance monies to the fees-in-lieu conveyance fund in the form of a "Dwelling Unit Conveyance Advance" when:

     1. There exists a need to acquire a site; and

     2. Subdivisions within the proposed site’s service area have provided insufficient fees to acquire such site.

     The "Dwelling Unit Conveyance Advance" shall set forth the number of additional dwelling units for which monies are being advanced, and shall establish the precise boundaries of the area intended to be served by the proposed site.

     Fees from future subdivisions occurring within the boundaries of a site acquired using Advances may be disbursed without condition by the Board, appropriate school district, or recreation district as payment upon the "Dwelling Unit Conveyance Advance." Payment shall be computed on a dwelling unit for dwelling unit basis, not dollar for dollar.

     Park site fees may not be used as payment upon an advance for a school site, nor may school site fees be used as payment upon an Advance for a park site.

     H. Review Procedures. All sites proposed for conveyance shall be shown on the preliminary plat as required and shall be reviewed in accordance with procedures established by the Subdivision Regulations.

     The appropriate school district shall review the physical properties and shall evaluate the need for the proposed school site to be conveyed, reserved or acquired, and shall make recommendations to the Board.

     Prior to the lease, trade, sale, acquisition or transfer of any site; or transfer of fees, amendment of a "Density Agreement, or approval of a "Dwelling Unit Conveyance Advance" obtained under provisions of this Section, the Board may obtain recommendations from the County Planning Commission and appropriate school district or recreation district.

     I. Reservation of Sites. The Board may reserve at the time of final plat approval any lot or lots in a subdivision platted after August 7, 1975 for the purpose of future park sites and school sites. Any lot so reserved shall be identified on the plat as "Reserved School Site" or "Reserved Park Site." No use or development shall be permitted on such a reserved site which will impede the acquisition or development of the site for the purpose reserved.

     The owner may have the reservation removed by filing written notice with the Board of his or her intent to develop the site in a manner not permitted under the reservation. The Board must enter into negotiation for acquisition of the site within one hundred and eighty (180) days from receipt of the owner’s notice and must acquire said site within one (1) year, or the Board shall remove the reservation from the plat at County expense.

16.42.130 Fire protection.

     A. Applicability. These fire protection standards shall be applied to subdivisions, which shall be deemed to include resubdivisions and subdivision exemptions within fire service areas.

     Fire service areas are defined to be any of the following:

     1. Fire protection district;

     2. Metropolitan district authorized to provide fire protection;

     3. Contract for fire protection;

     4. Extraterritorial fire service agreement area;

     5. Water district area covered by mutual aid agreements where a water district exists; or

     6. Volunteer fire protection district.

     B. Fire Protection Impact Fee and Fire Protection Service Plan.

     1.a. For agricultural, one-family residential, and duplex residential uses, a fire protection impact fee shall be paid on the basis of $750 per lot. Exceptions are for those lots within the Metropolitan Districts in Pueblo County being Pueblo West Metropolitan District and Colorado City Metropolitan District. These Districts shall be allowed to have the authority to reduce, waive, modify, or adjust the fee, not to exceed the $750 per lot fee. The Subdivider/Developer shall submit a letter from the respective Metropolitan District stating the requirements for fire protection, such as payment of a fee, not to exceed $750 per lot, installation of a fire hydrant(s), combination thereof, or no requirement. The letter shall be a requirement of the final plat subdivision application and shall be due at time of the subdivision application submittal. If fees are required, the payment method would be the same as if payments were made outside the Metropolitan District: one-half of the required fee per lot shall be paid by the Subdivider/Developer prior to recordation of the final plat, the requirement of the plat notation of the fire impact fee assessment of the remaining one-half of the fee per lot due at time of zoning authorization for a building permit, and the requirement of the fire impact fee statement letter being recorded concurrently with the final plat. If a fire hydrant(s) is required by the Metropolitan District, the cost of the fire hydrant(s) shall be part of a Subdivision Improvements Agreement, or payment of the fire hydrant(s) shall be made to the Department of Planning and Development (payment shall be deposited to the Metropolitan District's fire impact fee account) prior to recordation of the subdivision final plat or the fire hydrant(s) shall be installed prior to recordation of the subdivision final plat.

     b. For Public, Commercial, Industrial, and Multi-Family (above duplexes) uses, a Fire Protection Service Plan based on standards per the applicable fire code shall be submitted.

     Exempt from the fee shall be a lot or parcel within the proposed subdivision, which is improved with a habitable residence in standard condition.

     2. Fee usage is intended to provide fire protection within the fire service area in which the property that paid the fee is located. Within those fire service areas where a water distribution system exists or is planned for extension, the fees are to be used for the purchase and associated installation costs of fire hydrants. The fees are not to be used for the extension of water lines, nor hydrant operation, maintenance and repair costs.

     Within fire service areas where no water distribution system exists nor is planned to be extended, the fees may be used to purchase fire pumper and tanker trucks, and equipment that meets the applicable National Fire Protection Association (NFPA) standards.

     3. One-half of the fire impact fee of $375 per lot shall be paid prior to recordation of the subdivision final plat. The remaining one-half of the fee of $375 shall be paid at the time of zoning authorization for a building permit for each lot in the subdivision. A Notice of Fire Impact Fee statement indicating that a $375 per lot Fire Impact Fee shall be due at time of zoning authorization for a building permit and collected by the Department of Planning and Development shall be placed on the final plat. A Notice of Fire Impact Fee statement letter for the subdivision stating a $375 per lot Fire Impact Fee shall be due at time of zoning authorization for a building permit and collected by the Department of Planning and Development, shall be recorded concurrently with the subdivision final plat.

     Fees are to be deposited to the fire protection fee impact account.

     4. Disbursement of fire protection impact fees will be made by the Board. The Board may disburse fees upon written request to the appropriate fire district, metropolitan district, water district, or entity providing fire protection by contract or agreement.

     If the fees are to be used for fire hydrants, the request shall include:

     a. Map showing the location of existing hydrants and the location of hydrants proposed to be provided by the fees;

     b. The purchase and installation costs of the proposed hydrants;

     c. Time schedule for installation; and

     d. Letter committing such additional funds as may be necessary to insure the completion of the project.

     If the fees are to be used for a fire pumper, tanker truck, or NFPA equipment the request shall include:

     a. The make, model and year of the pumper or tanker truck;

     b. The source of such additional funds as may be necessary to insure the purchase of the pumper or tanker truck;

     c. A listing of the specific NFPA equipment to be purchased.

     The Board may disburse only those fees collected from properties that can reasonably be served by the proposed fire hydrant or truck.

     The Department shall maintain a record, which may be in the form of a map, which provides the location of properties paying fees, fee amount paid, date of subdivision approval, and date of fee disbursement.