No person may submit an application for subdivision approval to a local authority unless the subdivision plan or plat provides, pursuant to section 43-2-147, C.R.S., that all lots and parcels created by the subdivision will have access to the state highway system in conformance with the state highway access code.
Source: L. 80: Entire section added, p. 796, § 57, effective June 5. L. 82: Entire section amended, p. 626, § 32, effective April 2.
ANNOTATION
Law reviews. For article, "Local Government Exactions from Developers after Beaver Meadows", see 16 Colo. Law. 42 (1987).
Board of county commissioners abused its discretion in approving planned unit development because record contains no evidence of year-around access to the state highway system at the time of final approval. Plain language of this section does not allow postponing access beyond the application for final subdivision approval. Final approval of a subdivision application predicated on obtaining access to the state highway system by an as yet undetermined route would constitute an abuse of discretion because the subdivision might never have the required statutory access. This section requires at a minimum year-round wheeled vehicle access between state highway and village. Because subject road is not usable by wheeled vehicles during winter, purpose of this section not satisfied. Wolf Creek Ski Corp. v. Bd. of County Comm'rs, 170 P.3d 821 (Colo. App. 2007).
Applied in Beaver Meadows v. Bd. of County Comm'rs, 709 P.2d 928 (Colo. 1985).