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Home My WebLink AboutExhibit F - Article 7 CC RecommDraft REDLINEMicrosoft Word - Article 7 CC Recommendation Draft Complete GARFIELD COUNTY, COLORADO Article 7: Standards CODE COMMITTEE RECOMMENDATION DRAFT Complete REDLINE SEPTEMBER 4, 2012 ULUR 2008 GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-i ARTICLE 7 STANDARDS TABLE OF CONTENTS DIVISION 1. GENERAL APPROVAL STANDARDS FOR LAND USE CHANGE PERMITS. ......................... ........................................................... 1 SECTION 7-101. COMPLIANCE WITH ZONE DISTRICT USE RESTRICTIONS. .............. 1 SECTION 7-102. COMPLIANCE WITH COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS. ............................................................................. 1 SECTION 7-103. COMPATIBILITY. .................................................. .................................... 1 SECTION 7-104. SUFFICIENT ADEQUATE, LEGAL, AND PHYSICAL SOURCE OF WATER. 1 A. BOCC Determination. .............................................................. ................................... 1 B. Determination of Adequate Water. .............................................................................. 1 C. Water Supply Plan. ...................... ............................................................................... 2 SECTION 7-105. ADEQUATE CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS. 5 A. Water Distribution System Standards. ........................................................................ 5 B. Wastewater System Standards. ................................................................................. . 6 SECTION 7-106. ADEQUATE PUBLIC UTILITIES. ............................................................. 8 SECTION 7-107. ACCESS AND ROADWAYS. ..................................................... .............. 8 A. Access to Public Right-of-Way. ................................................................................... 8 B. Safe Access. .............................................. ................................................................. 8 C. Adequate Capacity. ..................................................................................................... 8 D. Road Dedictions. ......................................................................................................... 8 E. Traffic Study. ................................................... ............................................................ 8 SECTION 7-108. NO SIGNIFICANT RISK FROM NATURAL HAZARDS. ........................ 12 A. Use of Land Subject to Natural Hazards. .................................................................. 12 B. Platting of Land Subject to Natural Hazards. ............................................................ 12 DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS FOR LAND USE CHANGE PERMITS. .............................................................. 12 SECTION 7-201. AGRICULTURAL LANDS. ...................................................................... 12 A. No Adverse Affect to Agricultural Operations. .......................................................... 12 B. Domestic Animal Controls. ........................................................................................ 12 C. Fences. ................................................................ ..................................................... 12 D. Roads. ....................................................................................................................... 12 E. Irrigation Ditches. ...................................................................................................... 12 SECTION 7-202. WILDLIFE HABITAT AREAS. ............................ .................................... 13 A. Buffers. ...................................................................................................................... 13 B. Locational Controls of Land Disturbance. ................................................................. 13 C. Preservation of Native Vegetation. .............................................................. ............. 13 D. Habitat Compensation. ............................................................................................. 13 E. Domestic Animal Controls. ............................... ......................................................... 13 SECTION 7-204. WATER QUALITY FROM POLLUTANTS. ............................................. 14 SECTION 7-205. EROSION AND SEDIMENTATION. ....................................................... 15 A. Erosion and Sediment Control Plan. ......................................................................... 15 SECTION 7-206. DRAINAGE. ............................................................................................ 17 A. Site Design to Facilitate Positive Drainage. ........................... ................................... 17 B. Coordination with Area Storm Drainage Pattern. ...................................................... 17 SECTION 7-207. STORMWATER RUN-OFF. .................................................................... 17 A. Avoid Direct Discharge to Streams or Other Waterbodies. ....................................... 17 GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-ii B. Minimize Directly-Connected Impervious Areas. ...................................................... 17 C. Detain and Treat Runoff. ........................................................................................... 18 SECTION 7-208. AIR QUALITY. .......................................................... ............................... 18 SECTION 7-209. AREAS SUBJECT TO WILDFIRE HAZARDS. ...................................... 19 A. Location Restrictions. .............................................. .................................................. 19 B. Development Does Not Increase Potential Hazard. ................................................. 19 C. Roof Materials and Design. ....................................................................................... 19 D. Dead-End Roads. ......................................................................................... ............ 19 E. Hammerhead. ........................................................................................................... 19 SECTION 7-210. AREAS SUBJECT TO NATURAL HAZARDS AND GEOLOGIC HAZARDS. 19 A. Utilities. ..................................................................................................................... 20 B. Development in Avalanche Hazard Areas. ............................................................... 20 C. Development in Landslide Hazard Areas. ............................................................... .. 20 D. Development in Rockfall Hazard Areas. ................................................................... 21 E. Development in Alluvial Fan Hazard Area. ..................................... .......................... 21 F. Slope Development. .................................................................................................. 21 G. Development on Corrosive or Expansive Soils and Rock. ........................................ 22 H. Development in Mudflow Areas. ............................................................................... 23 I. Development Over Faults. ........................................................................................ 23 SECTION 7-212. RECLAMATION. ................................................ ..................................... 23 A. Applicability. .............................................................................................................. 23 B. Reclamation of Disturbed Areas. .............................................................................. 23 DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS. ... 24 SECTION 7-301. COMPATIBLE DESIGN. ......................................................................... 24 A. Site Organization. ............................................................................................ ......... 24 B. Operational Characteristics. ...................................................................................... 24 C. Lighting. ................................................... ................................................................. 24 D. Buffering. ................................................................................................................... 25 E. Materials. .................................................................................................................. 25 SECTION 7-304. OFF-STREET PARKING AND LOADING STANDARDS. ..................... 26 A. Off-Street Parking Required. ..................................................................................... 26 B. Off-Street Loading Required. ..................... ............................................................... 27 C. Continuing Obligation. ............................................................................................... 27 D. Location of Required Parking Spaces. ...................................................................... 28 E. Loading and Unloading. ........................................................ .................................... 28 F. Parking and Loading Area Surface. .......................................................................... 28 G. Minimum Dimensions of Parking Areas. ................................................................... 28 H. Minimum Dimensions of Loading Berths. ................................................................. 29 I. Compact Car Spaces. ............................................................................................... 29 J. Handicapped or Accessible Parking. .................................... .................................... 29 K. Unobstructed Access. ............................................................................................... 29 L. Tandem Parking. ....................................................................................................... 29 M. Backing Onto Public Streets Prohibited. ................................................. .................. 30 N. Access Driveways. .................................................................................................... 30 O. Parking and Loading Area Landscaping and Illumination. ........................................ 30 SECTION 7-305. LANDSCAPING STANDARDS. .............................................................. 30 A. Landscape Plan ........................................................................................................ 30 A. General Standards ...................................................................... .............................. 31 B. Multi-Family Development. ....................................................................................... 31 C. Subdivision, PUD, and Rural Land Development Exemption. .................................. 31 D. Plants Compatible with Local Conditions. ................................................................. 32 E. Existing Vegetation. .................................................................................................. 32 F. Minimum Size. ........................................................... ............................................... 32 GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-iii G. Minimum Number of Trees and Shrubs. ................................................................... 32 H. Parking and Storage Prohibited. ............................................................................... 33 I. Obstruction Prohibited. ......................................................... .................................... 33 J. Landscaping Within Off-Street Parking Areas. ......................................................... 34 SECTION 7-306. LIGHTING STANDARDS. ....................................................................... 34 A. Downcast Lighting. .................................................................................................... 34 B. Shielded Lighting. ..................................................................................................... 34 C. Hazardous Lighting. .............................................. .................................................... 34 D. Flashing Lights. ......................................................................................................... 34 E. Height Limitations. .................................................................................................... 34 SECTION 7-307. SNOW STORAGE STANDARDS. .............................. ............................ 34 A. Minimum Area. .......................................................................................................... 35 B. Storage in Parking Spaces Prohibited. ..................................................................... 35 C. Storage in Yards and Open Space Permitted. .......................................................... 35 D. Storage on Public Roadways Prohibited. .................................................................. 35 E. Drainage. ....................................................................... ........................................... 35 SECTION 7-308. ROADWAY STANDARDS. ..................................................................... 35 A. Impacts Mitigated. ....................... .............................................................................. 35 B. Subdivision Access. .............................................................................................. .... 35 C. Requirements for Roadway Infrastructure. ............................................................... 35 D. Circulation and Alignment. .................................................. ...................................... 36 E. Intersections. ............................................................................................................. 36 F. Street Names. ........................................................................................................... 36 G. Congestion and Safety. ....................................................... ...................................... 36 H. Continuation of Roads and Dead-End Roads. .......................................................... 36 I. Relationship to Topography. ................... .................................................................. 37 J. Erosion and Drainage. .............................................................................................. 37 K. Commercial and Industrial. ....................................................................................... 37 L. Emergency Access and Egress. ........................................... .................................... 38 M. Road Surface. ........................................................................................................... 38 N. Traffic Control and Street Lighting. ........................................................................... 38 O. Drainage Structures. ........................................................................... ...................... 38 SECTION 7-309. TRAIL AND WALKWAY STANDARDS. ................................................ 38 A. Recreational and Community Facility Access. .............................. ............................ 38 B. Platting Required. ..................................................................................................... 39 C. Compatible Construction. .......................................................................................... 39 D. Safety. .............................................................................................. ......................... 39 E. Maintenance. ............................................................................................................ 39 SECTION 7-310. UTILITY STANDARDS. .......................................................................... 39 A. Approval of Utility Easement by Utility Company. ..................................................... 39 B. Utility Location. .......................................................................................................... 39 C. Final Plat Requirements. ..................................... ...................................................... 40 D. Dedication of Easements. ......................................................................................... 40 E. Construction and Installation of Utilities. ................................................................... 40 F. Conflicting Encumbrances. ....................................................... ................................ 40 G. Vacation of Easements. ............................................................................................ 40 DIVISION 4. SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS. .................................................................................... 40 SECTION 7-401. GENERAL SUBDIVISION STANDARDS. ............................ .................. 40 A. Maintenance of Common Facilities. .......................................................................... 40 B. Domestic Animal Control. .................................. ....................................................... 41 C. Fireplaces. ................................................................................................................ 41 SECTION 7-402. SUBDIVISION LOTS. .............................................................................. 41 GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-iv A. Lots Conform to Code. .............................................................................................. 41 B. Lots Have Access to Public Roadways. .................................................................... 41 C. Side Lot Line Alignment. ........................................................ ................................... 41 D. Lots Configuration, Cul-de-Sacs. .............................................................................. 41 E. Lot Division by Boundaries, Roads, or Easements Prohibited. ................................. 41 F. Nonconforming Lots Prohibited. ................................................................................ 41 SECTION 7-403. FIRE PROTECTION. ............................................................................... 42 A. Adequate Access Points. ...................................................... .................................... 42 B. Fire Lanes. ................................................................................................................ 42 C. Water Sources for Fire Protection. ............................................................................ 42 D. Fire Hydrants. ................................................................................ ........................... 42 E. Installation by Applicant. ........................................................................................... 42 F. Maintenance. ........................... ................................................................................. 43 SECTION 7-404. SURVEY MONUMENTS. ........................................................................ 43 A. Monuments Located Within Streets. ......................................................................... 43 B. Setting by Standard Construction Techniques. .................................. ....................... 43 SECTION 7-405. SCHOOL LAND DEDICATION ............................................................... 43 A. General. ....................................................... ............................................................. 43 B. Amount of School Land Dedicated. .......................................................................... 43 C. Payment-In-Lieu of Dedication of School Land. ........................................................ 46 SECTION 7-406. STANDARDS FOR TRAFFIC IMPACT FEES. ....................................... 47 A. General Requirements. ............................................................................................. 47 DIVISION 5. STANDARDS APPLICABLE TO CONSERVATION SUBDIVISION. ........................................................................................... 51 SECTION 7-501. DESIGN STANDARDS FOR CONSERVATION SUBDIVISIONS. ......... 51 A. Density. ..................................................................................................................... 51 B. Open Space Plan Standards. ................................................ ................................... 53 DIVISION 6. STANDARDS FOR OVERLAY DISTRICTS. ..................... 54 SECTION 7-601. FLOODPLAIN OVERLAY. ....................................................... ............... 54 A. Water Supply Systems. ............................................................................................. 54 B. Sanitary Sewage Systems. .............................. ......................................................... 54 C. Minimize Flood Damage. .......................................................................................... 54 D. Cumulative Effect. ..................................................................................................... 54 E. No Danger to Public. ................................................... .............................................. 54 F. No Change in Flood-Carrying Capacity. ................................................................... 54 G. General Standards. ................................................................................................... 55 H. Specific Standards. ......................................................................... .......................... 55 I. Standards for Subdivision Proposals. ....................................................................... 57 J. Floodway. ......................................... ......................................................................... 57 K. Standards for Areas of Shallow Flooding. ................................................................. 58 SECTION 7-602. DRINKING WATER CONSTRAINTS OVERLAY. .................................. 58 SECTION 7-603. AIRPORT/HELIPORT INFLUENCE AREA OVERLAY. ......................... 59 A. Avigation and Hazard Easement. ............................................................................. 59 B. Declaration of Anticipated Noise Levels. ..................................................... ............. 59 C. Communications Facilities and Electrical Interference. ............................................ 59 D. Outdoor Lighting. ....................................................... ............................................... 59 E. Use of Reflective Materials Prohibited. ..................................................................... 59 F. Industrial Emissions That Obscure Visibility Prohibited. ........................................... 60 G. Height Restrictions. ............................................................................................ ....... 60 H. Penetration of Development into Imaginary Surface Area. ....................................... 60 I. Wetland Construction, Enhancement, Restoration, or Mitigation...................... ........ 60 DIVISION 7. ADDITIONAL STANDARDS FOR AGRICULTURAL AND ANIMAL-RELATED USES. ....................................................................... 61 GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-v SECTION 7-701. ANIMAL SANCTUARY. .......................................................................... 61 A. Facility. ...................................................................................................................... 61 B. Noise. ......................................................... ............................................................... 61 C. Individual Sewage Disposal System Required. ........................................................ 61 D. Drainage Impacts. ..................................................................................................... 61 SECTION 7-702. KENNELS. ............................................................. ................................. 61 A. Enclosed Building and Noise Prevention. ................................................................. 61 B. Noise. ........................................ ................................................................................ 61 C. Waste and Sewage Disposal System. ...................................................................... 62 D. State Licensing Required. ......................................................................................... 62 SECTION 7-703. VETERINARY CLINIC. ........................................ ................................... 63 DIVISION 8. ADDITIONAL STANDARDS FOR RESIDENTIAL USES. . 63 SECTION 7-801. MANUFACTURED HOME PARK ........................................................... 63 A. Site Selection Criteria. .............................................................................................. 63 B. Park Layout. ...................................................... ........................................................ 63 C. Utilities. ..................................................................................................................... 63 D. Water Supply and Distribution. ................................................................................. 63 E. Sewage Disposal. ......................................................... ............................................ 64 F. Electrical Distribution and Communication Wiring. ................................................... 65 G. Foundation and Anchors. .......................................................................................... 65 H. Landscaping. ......................................................................................... .................... 65 I. Outdoor Storage. ...................................................................................................... 65 J. Certification of Manufactured Homes. ....................................................................... 65 K. Fire Protection. ................................................................................................. ......... 66 SECTION 7-802. GROUP HOME FACILITIES. .................................................................. 66 A. Required Permits. ......................................................... ............................................ 66 B. Location Restrictions. ................................................................................................ 66 C. Overnight Shelter. ..................................................................................................... 67 D. Short-Term Care Facility. ........................................................ .................................. 67 E. Transitional Housing. ................................................................................................ 67 DIVISION 9. ADDITIONAL STANDARDS FOR PUBLIC/INSTITUTIONAL USES. 68 SECTION 7-901. AIRCRAFT LANDING STRIP OR HELISTOP, PRIVATELY OWNED. .. 68 A. Restricted Use. .............................................................. ........................................... 68 B. Maximum Accommodation. ....................................................................................... 68 C. Refueling or Maintenance. ........................................................................................ 68 SECTION 7-902. AIRPORTS AND HELIPORTS. ............................................................... 68 A. Airports. ..................................................................................................................... 68 B. Landing Strips. ........................................... ............................................................... 68 C. Heliports/Helistops. ................................................................................................... 68 D. Fabrication, Service, and Repair Operations. ........................................................... 68 E. Storage of Materials. ............................................................ ..................................... 68 SECTION 7-903. PLACE OF WORSHIP. ........................................................................... 69 SECTION 7-904. FAMILY CHILD CARE HOME AND CHILD CARE CENTER. ............... 69 A. Required Permits. ..................................................................................................... 69 B. Parking. ..................................................................................................................... 69 SECTION 7-905. VEHICLE SAFETY AREAS. ......................................... .......................... 69 A. Continuing Obligation. ............................................................................................... 69 B. Prohibited Uses. ........................ ................................................................................ 69 C. Backing Onto Public Streets Prohibited. ................................................................... 69 D. Access Driveways. .................................................................................................... 69 E. Clear Vision Area. ................................................. .................................................... 70 F. Landscaping and Illumination. .................................................................................. 70 GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-vi DIVISION 10. ADDITIONAL STANDARDS FOR COMMERCIAL USES. . 70 SECTION 7-1001. BROADCASTING STUDIO. ................................. ................................... 70 A. FCC and FAA Approval. ........................................................................................... 70 B. Compliance with Radio Frequency Emission Requirements. ................................... 70 C. Co-Location Communication Facilities. ..................................................................... 70 SECTION 7-1002. NURSERY/GREENHOUSE. ................................................................... 70 A. Accessory Dwelling Unit. ............................................................. ............................. 70 B. Storage of Materials and Equipment ......................................................................... 71 SECTION 7-1003. OPTIONAL PREMISES CULTIVATION OPERATION. .......................... 71 A. Signs. ........................................................................................................................ 71 B. Odor. ......................................................................................................................... 71 C. Visual. ................................................... .................................................................... 71 D. Location. .................................................................................................................. . 71 E. On-Site Use. ............................................................................................................. 72 F. Other Applicable Licenses. ................................... .................................................... 72 G. On-Site Notice. .......................................................................................................... 72 H. Compliance with Other Laws and Regulations. ........................................................ 72 SECTION 7-1004. SHOOTING RANGE. ......................................................... ..................... 72 A. Design. ...................................................................................................................... 72 B. Sanitary Facilities. ..................................................................................................... 72 SECTION 7-1005. CAMPGROUND/RECREATIONAL VEHICLE RV PARK AND ADDITIONS TO AN EXISTING CAMPGROUND/RV PARK. ................................................ 72 A. Parking Spaces. ....................................................................................................... 72 B. Driveways. ................................................................................................................ 73 C. Water Supply and Distribution. ................................ ................................................. 73 D. Sewage Disposal. ..................................................................................................... 75 E. Fire Protection. .......................................................................................................... 76 F. Electrical Distribution and Communication Wiring. ........................ ........................... 76 DIVISION 11. ADDITIONAL STANDARDS FOR INDUSTRIAL USES. .... 78 SECTION 7-1101. INDUSTRIAL USE .......................................................................... ........ 78 A. Residential Subdivisions. .......................................................................................... 78 B. Setbacks. ................................................... ............................................................... 78 C. Concealing and Screening. ....................................................................................... 78 D. Loading and Unloading. ............................................................................................ 78 E. Storing. .............................................................. ........................................................ 79 F. Industrial Wastes. ..................................................................................................... 79 G. Noise. ........................................................................................................................ 79 H. Ground Vibration. ......................................... ............................................................. 79 I. Interference, Nuisance, or Hazard. ........................................................................... 79 SECTION 7-1102. GRAVEL EXTRACTION. ........................................................................ 79 A. Water Quantity and Quality Impacts/Floodplain Impacts. .............................. ........... 79 B. Air Quality. ................................................................................................................ 81 C. Noise/Vibration. ................................ ......................................................................... 82 D. Visual Mitigation . ................................................................................................... ... 82 E. Impacts to County Road System. ............................................................................. 83 F. Impacts to Wildlife. ..................................................... ............................................... 84 G. Reclamation. ............................................................................................................. 84 H. Enforcement. ............................................................................................................. 88 SECTION 7-1103. MINING AND OTHER EXTRACTION USES. ....................... .................. 90 A. Roads. ....................................................................................................................... 90 B. Routing. ................................ ..................................................................................... 90 C. Wildlife. ................................................................................................. .................... 90 D. Emergency Preparedness. ....................................................................................... 90 GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-vii SECTION 7-1104. STORAGE AREAS AND FACILITIES. ................................................... 90 A. Storage of Hazardous Materials. .............................................................................. 90 B. Materials and Wastes Contained on Property. .............................................. ........... 90 SECTION 7-1105. RECYCLING COLLECTION CENTERS. ................................................ 91 A. Customary and Incidental. ......................................................... .............................. 91 B. Parking Lot Location. ................................................................................................ 91 C. Stored Products. .................... ................................................................................... 91 D. Maintenance. ................................................................................................ ............ 91 E. Organic Materials. ..................................................................................................... 91 SECTION 7-1106. SEWAGE TREATMENT FACILITY. ....................................................... 91 A. Exempt from Minimum Lot Size. ............................................................................... 91 B. Accessory to the Primary Use. .................................................................................. 91 SECTION 7-1107. SOLID WASTE DISPOSAL SITE AND FACILITY. ................................ 91 A. Certificate of Designation. ......................................................................................... 91 DIVISION 12. ADDITIONAL STANDARDS FOR UTILITIES. ................ 92 SECTION 7-1201. PUBLIC UTILITIES. ................................................................................ 92 SECTION 7-1202. SOLAR ENERGY SYSTEMS. ........................................ ......................... 92 A. Signage. ................................................................................................................... 92 SECTION 7-1203. TELECOMMUNICATIONS FACILITIES. ................................................ 93 A. New Towers and Facilities. ....................................................................................... 93 B. Structural and Engineering Standards. ..................................................................... 94 C. Public Utility Structures. .................................................... ........................................ 94 D. Design, Materials, and Color. .................................................................................... 94 E. Lighting and Signage. ............................................................................................... 95 F. Modification or Demolition. ..................................................................... ................... 95 G. Maintenance. ............................................................................................................ 95 H. Federal Aviation Agency Form. ................................................................................. 95 I. Telecommunications Act. ....................................................................................... ... 96 SECTION 7-1204. WATER RESERVOIR. ............................................................................ 96 A. Location and Lot Size. ..................................................... ......................................... 96 DIVISION 13. ADDITIONAL STANDARDS FOR ACCESSORY USES. ... 96 SECTION 7-1301. ACCESSORY USE. .............................................................. .................. 96 A. Accessory Building. ................................................................................................... 96 B. Accessory Structure. ........................... ...................................................................... 96 SECTION 7-1302. ACCESSORY DWELLING UNIT. ......................................................... 97 A. Maximum Floor Area. ................................................................................................ 97 B. Compliance with Covenants and HOA Approval Requirements. ........................... ... 97 C. Ownership Restriction. .............................................................................................. 97 D. Compliance with Building Code. .................................. ............................................. 97 E. Minimum Lot Area. .................................................................................................... 97 F. Entrance to Dwelling Unit. ......................................................................................... 97 SECTION 7-1304. HOME OFFICE/BUSINESS. .................................................. ................. 97 A. Activities Incidental and Secondary. ......................................................................... 97 B. Activity Contained. ...................................... .............................................................. 98 C. Provision of Mandatory Parking Spaces. .................................................................. 98 D. Activities Conducted by Resident. ............................................................................ 98 E. Disturbances. ............................................................................... ............................. 98 F. Storage. .................................................................................................................... 98 G. Display of Goods and Retail Sales. .......................................................................... 98 H. Signage. ........................................................................................... ......................... 98 DIVISION 14. ADDITIONAL STANDARDS FOR TEMPORARY USES AND STRUCTURES. ................................................................................. 98 SECTION 7-1401. TEMPORARY HOUSING FACILITIES, MAJOR .................................... 98 GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-viii A. Applicability. .............................................................................................................. 98 B. Review Process. ....................................................................................................... 99 C. Additional Standards. ............................................. ................................................... 99 D. Adequate Site Plan. .................................................................................................. 99 E. Water Systems. Water systems must comply with all applicable State and local laws and regulations. .................................................................................................... ........... 100 F. Wastewater Systems. ............................................................................................. 100 G. Authorized Site. .......................................... ............................................................. 101 H. Inhabitants. ............................................................................................................. 101 I. Clean, Safe and Sanitary Condition. ....................................................................... 102 J. Fire Protection General Requirements. ....................................... ........................... 102 K. Trash and Food Storage. ........................................................................................ 102 L. Notification of Site Development. ............................................................................ 102 M. No Domestic Animals Allowed. ............................................................................... 103 N. Reclamation and Revegetation Plan. ...................................................................... 103 O. Expiration or Revocation of Land Use Change Permit. ........................... ............... 105 SECTION 7-1402. TEMPORARY EMPLOYEE HOUSING FACILITIES, MINOR ............... 105 A. Applicability. ................................................................................ ............................ 105 B. Review Process. ..................................................................................................... 105 C. Federal, State and Local Laws and Regulations. ................................................... 106 D. Notification of Facility Installation and Removal. ..................................................... 106 E. Water Systems. ....................................................................................................... 106 F. Wastewater Systems. .............................................. ............................................... 106 G. Clean, Safe, and Sanitary Condition. ...................................................................... 107 H. Trash and Food Storage. ........................................................................................ 107 I. Fire Protection. ............................................................................. ........................... 107 J. No Domestic Animals Allowed. ............................................................................... 108 K. Removal of Facility. ........................... ...................................................................... 108 SECTION 7-1403. TEMPORARY EMPLOYEE HOUSING FACILITIES, SMALL .............. 108 A. Applicability. .......................... .................................................................................. 108 B. Notification of Occupation and Removal. ................................................................ 109 C. General Information to be Provided. ....................................................................... 109 D. Federal, State and Local Laws and Regulations. .............................. ..................... 109 E. Water System. ........................................................................................................ 109 F. Wastewater Systems. ........................ ..................................................................... 110 G. Clean, Safe and Sanitary Condition. ....................................................................... 110 H. Trash and Food Storage. ........................................................................................ 110 I. Fire Protection. ....................................................... ................................................. 110 J. No Domestic Animals Allowed. ............................................................................... 111 K. Access Permits Required. ....................................................................................... 111 L. Third Party Inspection. ...................................................................... ...................... 111 GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-ix (This Page Left Blank Intentionally) GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-1 ARTICLE 7: STANDARDS DIVISION 1. GENERAL APPROVAL STANDARDS FOR LAND USE CHANGE PERMITS. The following standards are approval standards that shall apply to all proposed Land Use Changes, including Divisions of Land, not otherwise exempt from the standards set forth in this Code. SECTION 7-101. COMPLIANCE WITH ZONE DISTRICT USE RESTRICTIONS. The Land Use Change shall comply with Article 3, Zoning, including any applicable zone district use restrictions and regulations. SECTION 7-102. COMPLIANCE WITH COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS. The Land Use Change is in general conformance with the Garfield County Comprehensive Plan and complies with any applicable Intergovernmental Agreement. SECTION 7-103. COMPATIBILITY. The nature, scale, and intensity of the proposed use are compatible with adjacent land uses. and will not result in an adverse impact to adjacent land. SECTION 7-104. SUFFICIENT ADEQUATE, LEGAL, AND PHYSICAL SOURCE OF WATER. All applications for Land Use Change Permits shall have an adequate, reliable, physical, longterm, and legal water supply to serve the use, except for applications that do not require a water source, that contain with temporary facilities, or that will be served by a licensed water hauler.1. A. BOCC Determination. The BOCC, pursuant to C.R.S. § 29-20-301, et seq., as amended, shall not approve an application for a Development Permit unless it determines in its sole discretion, after considering the application and all of the information provided, that the Applicant has satisfactorily demonstrated that the proposed water supply will be adequate. Nothing in this Section shall be construed to require that the Applicant own or have acquired the proposed water supply or constructed the related infrastructure at the time of the application. B. Determination of Adequate Water. The BOCC’s sole determination as to whether an Applicant has an Adequate Water Supply to meet the water supply requirements of a proposed Development shall be based on consideration of the following information: 1. The documentation required by the Water Supply Plan per Section 4-203.M.; 2. A letter from the State engineer commenting on the documentation provided in the Water Supply Plan per Section 4-203.M.; 3. Whether the Applicant has paid to a Water Supply Entity a fee or charge for the purpose of acquiring water for or expanding or constructing the infrastructure to serve the proposed Development; and 1 Check with Craig for exact language GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-2 4. Any other information deemed relevant by the BOCC to determine, in its sole discretion, whether the water supply for the proposed Development is adequate, including without limitation, any information required to be submitted by the Applicant pursuant to this Code or State statutes. C. Water Supply Plan.2 For the purposes of this plan, 1 Single-Family Equivalent (SFE) shall equal 350 gallons of water per day, regardless of the type of use. 1. Water supplied by a Water Supply Entity. Any Development that will be served by a Water Supply Entity shall submit a letter prepared by the engineer of the Water Supply Entity, stating whether the Water Supply Entity is willing to commit and has the ability to provide an adequate water supply for the proposed Development. a. At a minimum, the letter shall include: 1. An estimate of the water supply requirements for the proposed Development through build-out conditions; 2. A description of the physical source of water supply that will be used to serve the proposed Development; 3. An estimate of the amount of water yield projected from the proposed water supply under various hydrologic conditions; 4. Water conservation measures, if any, that may be implemented within the proposed Development; 5. Water demand management measures, if any, that may be implemented to address hydrologic variations; and 6. Such other information as may be required by the BOCC. b. In the alternative, an Applicant shall not be required to provide a letter if the water for the proposed development is to be provided by a Water Supply Entity that has a water supply plan that: 1. Has been reviewed and updated, if appropriate, within the previous 10 years by the governing board of the Water Supply Entity; 2. Has a minimum 20-year planning horizon; 3. Lists the water conservation measures, if any, that may be implemented within the service area; 4. Lists the water demand management measures, if any, that may be implemented within the Development; 5. Includes a general description of the Water Supply Entity’s water obligations; 6. Includes a general description of the Water Supply Entity’s water supplies; and 7. Is on file with the local government. 2. Fourteen SFE or Fewer. Developments that require water for 14 SFE or fewer and will not be served by a Water Supply Entity shall provide a plan that describes how the water supply will be sufficient for build-out of the 2 Moved from Article 4, submittal materials GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-3 proposed Development in terms of water quality, quantity, dependability, and availability. In determining adequacy of the proposed water supply, the following considerations shall apply in addition to requirements of the State Engineer and County Public Health Department: a. The average daily demand of the entire service area and the proposed Development shall accommodate peak demands to service the total Development population and shall account for any irrigation or agricultural uses. b. The average daily demand for commercial and industrial uses shall be reviewed based on the anticipated demand of the proposed Development, based on standard engineer’s criteria. c. Water supplies shall be treated by a method acceptable to conform to minimum State standards. The County may require test wells. d. The demand for irrigation water shall be based upon the type of vegetation to be maintained, soil characteristics, the historic yield of the property, and available water rights. e. The water supply demand for fire protection shall be based upon recognized and customary engineering standards and requirements of the applicable fire protection district. Subdivision developments shall comply with the provisions of Section 7-403, Fire Protection. f. For individual wells, the following shall be required to determine the adequacy of such system before approval3: 1. Evidence of ownership and water court decree, including an augmentation plan where applicable, proof of a well permit, amenability of existing rights for the proposed use, and evidence concerning the potability of the proposed water supply; and, 2. A geologic report shall be prepared by a qualified engineer or ground water hydrologist, which indicates: i. the probability of ground water withdrawal of wells or on-site supply systems within the proposed subdivision; ii. the expected long-term yield of such wells or systems; iii. the expected depth to potable water; iv. the expected quality of anticipated water; v. any expected significant problems of long-term supply; and, vi. alternate arrangements available in the event of well or treatment system failure. .3. If the well is shared, an Applicant shall submit a legal wellsharing declaration addressing all easements and Costs associated with operation and maintenance of the system 3 This language was refined from Section 7.8.3 Wells of the Mesa County Land Development Code GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-4 and identifying the person responsible for paying Costs and how assessment will be made for those Costs. 4. At a minimum, the water quality of the well shall be tested by an independent testing laboratory for the basic Colorado primary drinking water standards for inorganic and organic chemical, microbiological (bacteria), and radionuclide (radioactivity) contaminants. The results should show that the applicable standards are met or otherwise identify a treatment system to meet the standards. Testing for the secondary drinking standards (taste, odor, color, staining, scaling, corrosion, etc.) is recommended. 3. Greater than 14 SFE. Developments that require water for greater than 14 SFE and that will not be served by a Water Supply Entity shall provide a plan that describes the following: a. An estimate of the water supply requirements for the proposed Development through build-out conditions; b. A description of the physical source of water supply that will be used to serve the proposed Development; c. Water quality shall be demonstrated by complying with the CDPHE’s drinking water standards for all Development permits requiring a water demand of 14 SFE or greater; d. An estimate of the amount of water yield projected from the proposed water supply under various hydrologic conditions; e. Water conservation measures, if any, that may be implemented within the Development; f. Water demand management measures, if any, that may be implemented within the Development to account for hydrologic variability; g. Evidence of ownership or right of acquisition of or use of existing and proposed water rights; and h. Such other information as may be required by the BOCC. 4. Development That is a Division of Land. If the Development is a Division of Land and is not served by a Water Supply Entity, the plan shall include all the information required in Section 4-203.M.2 or Section 4-203.M.3 depending on SFE, as well as the following evidence required by C.R.S. § 30-28-133(3)(d), as amended: a. Historic use and estimated yield of claimed water rights; b. Amenability of existing rights to a change of use; c. Evidence that private water owners can and will supply water to the proposed Subdivision stating the amount of water available for use within the Subdivision and the feasibility of extending service to that area; and d. Evidence concerning the potability of the proposed water supply for the Subdivision. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-5 SECTION 7-105. ADEQUATE CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS. The Land Use Change shall be served by water distribution and wastewater systems that are adequate to serve the proposed use and density. A. Water Distribution System Standards. 1. Central Water Distribution System Preferred. Where water service through a Water Supply Entity is not physically or economically feasible, a central well and Distribution System is preferred over individual wells. 2. Central Water Distribution System Required. The following conditions require connection to a Central Water System. a. Proximity to Central System. The property is located within 400 feet of a Central Water System, the system is available and adequate to serve the proposed Development, and connection is practicable and feasible. b. 15 or More Taps or 25 People. Dwelling Units. Central water will be required for residential Developments consisting of 15 or more taps or 25 or more people.dwelling units. 3. Design. The water Distribution System shall be designed by a qualified professional engineer licensed by the State of Colorado and shall be approved by the CDPHE and the County. a. Sized for Initial and Future Demand. The water Distribution System shall be sized to meet both the initial and future demands of the proposed Development. b. Sized for Maximum Day Demand. The system shall be sized for maximum day demand plus fire or peak hour demand, whichever is greater. (1) Unless otherwise approved by the County Engineer, maximum day demand shall be 3.0 times average day demand, and maximum hour demand shall be 6.0 times average day demand. (2) Minimum residual pressures shall be 40 psi under maximum hour demands; 20 psi if direct flow is used.4 (3) The actual pressure in the supply system under the conditions specified shall be used in designing the Distribution System. Assumed future supply pressures and points of connection for designing the system in all other cases shall be subject to the approval of the County Engineer. If future connection to a different supply system is anticipated, critical pressure in that system may be used as the starting design pressure. c. Water Lines. Where dead-ends are proposed for cul-de-sacs, there shall be a fire hydrant or blow-off valve at the end of the line. Otherwise, all lines shall be looped with no dead-ends included in the system. d. Stem Design. On-lot water supply stems shall be designed to minimize or eliminate infiltration. 4 Direct flow will need to be defined in Article 16. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-6 e. Water Mains. All water mains shall be the minimum diameter necessary to the water demands for the project based on standard engineering criteria. f. Quality and Material Specifications. Material specifications for all water Distribution Systems shall be approved by the County Engineer. Proposed specifications shall include the following. (1) The strength rating for distribution piping and fittings with fire flow demand shall have a minimum safety factor of 4 times the anticipated internal operating pressure. (2) The Distribution System shall be designed for a minimum service life of 50 years. (3) The Distribution System shall have sufficient cover to prevent freezing. B. Wastewater System Standards5. 1. Central Sewer System Preferred. Every effort shall be made to secure a public sewer extension. Where connections to an existing public sewer are not physically or economically feasible, a central collection system and treatment plant is preferred. 2. Central Sewer System Required. The following conditions require connection to a Central Sewer System. a. Proximity to Central System. The property is located within 400 feet of a Central Sewer System, the system is available and adequate to serve the proposed Development, and connection is practicable and feasible. b. Individual Sewage Disposal System (ISDS) Not Suitable. The property is not suitable for an ISDS. Septic systems are not permitted on parcels less than 1 acre in size. 3. Design. The wastewater system shall be designed by a qualified professional engineer licensed by the State of Colorado, and reviewed by the Building and Planning Department. The system shall be designed in compliance with the standards established by the CDPHE. Site location approval shall be obtained from the Colorado Water Quality Control Commission for systems requiring their approval. a. The collection system shall not be designed for less capacity than the anticipated maximum daily sewage flow or treatment requirements. Where guidelines and standards are not available, the design intended for use shall be reviewed by the Building and Planning Department. b. Collection systems shall be designed and sized to comply with the guidelines and requirements of the applicable service provider. Approval of the proposed system by the service provider shall be a recommended condition of approval. Collection systems shall be sized to meet present and future demands of the proposed Development. Oversizing for likely extensions may be required. 4. Occupancy Restrictions. Where connection to a central collection and treatment system is proposed and approved, but not available until installation or expansion of such facilities is completed, no uses shall 5 To be reviewed by Tim to confirm compliance with State standards GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-7 occupy the lot until the collection and treatment system is available to service the proposed use. 5. Repair and Maintenance. Adequate provisions for repair and maintenance of the wastewater system shall be required. 6. Public Systems. For proposed Developments within 400 feet of an existing sanitary sewer main, the BOCC may require the subdivider to make provisions for the extension of service, including escrow funds for the installation of sewer mains and house connections, in addition to the installation of temporary individual on-site sanitary disposal systems. 7. Private Systems. If a public system is not available, a central on-site treatment plant and collection system or dry line with an ISDS may be used until the central system is available. The system shall be in compliance with appropriate municipal standards, and accepted by the County Public Health Department. a. Where a septic system or ISDS is allowed, it shall be comply with the County ISDS regulations. b. Where individual or central on-site treatment systems are proposed, lots shall be laid out to provide a suitable treatment area for each lot or grouping of lots in conformance with criteria established by the County. c. Where leach fields are proposed, evaluation of a suitable treatment area shall include soil suitability, slopes, surface hydrology, and water table depth, including anticipated variation with time. (1) Percolation tests shall be sufficient to reasonably assure that each lot will have a suitable treatment area. (2) Larger lots may be required to accommodate the capacity of the proposed treatment system. d. Each site in the Development shall be capable of accommodating a septic system or accommodating an alternative engineered system in compliance with requirements of the County Public Health Department. a. Minimum Lot Requirements for Private Systems. The proposed system shall comply with the minimum lot requirements set forth in Table 7-105. However, the minimum lot area may be increased and the number of uses permitted under the applicable zoning district may be decreased if the County Public Health Department determines that the proposed use of septic tanks or other individual sewage treatment facilities could result in a danger to public health. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-8 TABLE 7-105: SEWAGE DISPOSAL SYSTEM MINIMUM LOT REQUIREMENTS Type of Disposal Method of Disposal Lot Area Less than 1 Acre 1 to 2 Acres Over 2 Acres On Lot1 Cesspool Prohibited Prohibited Prohibited Anaerobic: Septic Tank (Subsurface) or Dispersal Method Prohibited2 Allowed3 Allowed Aerobic: Aeration Plant and Disposal or Dispersal Method Prohibited2 Allowed3 Allowed Off Lot4 Nondischarging: Subsurface Disposal Allowed Allowed Allowed Discharging: Ground Surface or Waters of the State Allowed Allowed Allowed Notes: 1. Shall comply with County ISDS regulations and applicable State requirements. 2. Prohibited for new development; may be considered for legally permitted pre‐existing single lot. 3. Domestic water shall be supplied from an approved source. 4. Shall be approved by the State. SECTION 7-106. ADEQUATE PUBLIC UTILITIES. Adequate Public Utilities shall be available to serve the Land Use Change. SECTION 7-107. ACCESS AND ROADWAYS. All roads shall be designed to road design standards set forth in Section 7-308 and all roads shall be reviewed by the County Engineer. A. Access to Public Right-of-Way. All lots and parcels shall have legal and physical access to a public right-of-way. B. Safe Access. Access to and from the use shall be safe and in conformance with applicable County, State and Federal access regulations. Where the Land Use Change causes warrant(s) for improvements to State or Federal highways, the developer shall be responsible for paying for those improvements. C. Adequate Capacity. Access serving the proposed use shall have the capacity to efficiently and safely to service the additional traffic generated by the use. The use shall not cause traffic congestion or unsafe traffic conditions, and impacts to the County and State roadway system shall be mitigated through roadway improvements or impact fees, or both. D. Road Dedictions. Unless specifically approved as private rights-of-way and so designated on the Final Plat, all roads, streets, alleys, or other public traffic ways located within the Subdivision and benefiting current or future residents of the Subdivision shall be dedicated as public rights-of-way. E. Traffic Study. Assessment of traffic impacts is required based upon a Traffic Study prepared in compliance with this Section. 1. Type of Study Required. a. The Traffic Study shall be comprised of a basic Traffic Analysis utilizing existing County traffic counts as mapped, the Manual on GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-9 Uniform Traffic Control Devices, accepted trip generation manuals, and current standards as applied by the CDOT. b. The Traffic Study may also include a detailed Traffic Analysis if the Director determines that any 1 of the following thresholds is exceeded: (1) Traffic volumes projected at any intersection when a State or Federal highway exceeds current volumes by 20%, as determined by CDOT using current traffic counts and CDOT-approved methodology; (2) Traffic volumes projected on any County road segment exceed current volumes by 20%; or (3) Traffic volumes on any road segment identified or contained within an approved municipal street plan within a 1-mile radius exceed current volumes by 30%. c. Study Preparation. The Traffic Study shall be prepared by a registered professional engineer, experienced in transportation engineering. d. Revisions to Traffic Study. Revisions to the Traffic Study shall be provided as required by the County. The need to require revisions will be based on the completeness of the Traffic Study and the thoroughness of the evaluation. 2. Basic Traffic Analysis. The basic Traffic Analysis shall include the following information: a. A map or maps depicting the parcel or activity area and showing the following information: (1) Existing and proposed internal roads, adjoining roads, access points, and access points for the finished Development; (2) All County roads within a 1-mile radius of the Development; (3) The nearest proximate intersections with State or Federal highways likely to receive traffic impacts from the Development; and (4) Activity areas for construction activity. b. A narrative description of existing land uses on the parcel, including the following information: (1) Current trip generation estimates at existing access points; (2) County driveway permits for the access points and status; (3) Permit requirements for access to a State highway, railroad crossings and status; (4) All access easements and information regarding the legal status of these easements; and (5) Other appropriate current traffic information and legal constraints that may apply. c. A narrative description of proposed land uses and trip generation projections for each use, based on current trip generation manuals or other credible and defensible analysis. Trip generation projections shall be required for both the construction phase(s) and for the completed Development, with a breakdown of traffic GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-10 into categories of heavy trucks and other for existing, temporary, or proposed new access points. d. A narrative description of the construction phase(s) of the Development, including the following: (1) Staging and storage areas; (2) Temporary access points; (3) Duration, types, and frequency of heavy truck traffic; (4) Access road segments to be impacted; (5) Projected lane closures or traffic interruption, and a statement of mitigation measures that will be applied to minimize disruption and damage; and (6) All County or State permits that will be required. e. Map depicting existing Average Daily Traffic count information for all County road segments and State or Federal highway intersections, at the appropriate map scale. The map shall also include the following information: (1) The likely increase in Average Daily Traffic of trucks for construction activity and Average Daily Traffic for the completed Development; and (2) Where a Development has 2 or more access points, the anticipated trip distribution and assignment for each access point, supported by a narrative describing rationale for the projected allocation of trips by access points and road segment. 3. Detailed Traffic Analysis. In addition to the information provided in the basic Traffic Analysis, the following information shall be provided in a detailed Traffic Analysis if required pursuant to Section 4-205.L.1.b. The detailed Traffic Analysis must show the highest probable volumes from the proposed uses and densities to be allowed at build-out. The detailed Traffic Analysis shall be prepared using the County transportation plan to determine levels of service and capacity definitions, and any additional information available and applicable to County roads. a. Access points to and from the Development shall be analyzed for AM and PM peak hour use for turning movements to determine the necessity for traffic control and signalization, geometrics including turning lanes and acceleration and deceleration lanes, and signage. b. County Road segments where traffic is expected to increase by over 20% shall be characterized in detail by current level of service, roadway condition and type, lane width, shoulder characteristics and condition, available right-of-way, speed limits, any weight limits, existing safety concerns and considerations, likely increases in maintenance requirements, and status for improvement in the County capital improvements plan. Probable maintenance and improvement Cost estimates shall be provided. c. County road intersections where traffic is expected to increase by over 20% shall be characterized by existing traffic control and signalization, AM and PM peak hour utilization with turning movements, projections for levels of service, and recommended modifications for intersection geometrics, including turning lanes, GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-11 control or signalization devices, acceleration or deceleration lanes, and advance signage where appropriate. Probable Cost estimates shall be provided. d. State or Federal highway intersections where traffic is expected to increase by over 20% shall be characterized by existing traffic control and signalization, AM and PM peak hour utilization with turning movements, through movements as applicable, projections for levels of service, and recommended modifications for intersection geometrics, including turning lanes, control or signalization devices, acceleration or deceleration lanes, and advance signage. Consultation with the Colorado Department of Transportation is required and shall be documented. Probable Cost estimates shall be provided. 4. Calculation of On-Site and Off-Site Improvements and Fees. a. A narrative description shall be included for on-site improvements to be dedicated or constructed relating to traffic control and accommodation (i.e., dedicated right-of-way, improvement of existing access points, addition of new access points, signalization, turning lanes, acceleration/deceleration lanes, etc.). b. A narrative description and Site Plans shall be provided for improvements for any off-site County road segments necessary to maintain a level of service C, per the Highway Capacity Manual and for any County intersections necessary to maintain a level of service D. c. A narrative description and Site Plans shall be provided for improvements for any State highway intersections deemed necessary by CDOT. The County is not required to approve any Development where facilities in place are not adequate to serve the proposed. d. Calculation of County road impact fees due for the proposed Development and any off-site Costs identified that are not already part of the currently-approved County capital improvements plan. e. A proposed funding and phasing plan shall be provided for work necessary to be performed off-site that is not an identified project in the County capital improvements plan. For projects that are identified in the County capital improvements plan, the Applicant may propose moving the project forward in time with cost sharing for consideration by the County. 5. Additional Submittal Requirements and Documentation. a. Existing County permits, including driveway permits and access permits; b. Existing access easements; c. Existing permits from CDOT, railroads, or other applicable entities; d. Evidence of consultation with the County for future access locations; e. Evidence of consultation with CDOT for future access permits, as applicable; f. Any proposed access easements, agreements, and modifications and current status; and g. Any proposed noise barrier or sound wall improvements. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-12 SECTION 7-108. NO SIGNIFICANT RISK FROM NATURAL HAZARDS. The use is not subject to significant risk from Natural Hazards and will not exacerbate existing Natural Hazards. A. Use of Land Subject to Natural Hazards. The use is not subject to significant risk from Natural Hazards and will not exacerbate existing Natural Hazards. B. Platting of Land Subject to Natural Hazards. Land subject to identified Natural Hazards, such as falling rock, landslides, snow slides, mud flows, radiation, flooding, or high water tables, shall not be platted unless mitigation is proposed by a qualified professional engineer licensed by the State of Colorado and approved by the County. DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS FOR LAND USE CHANGE PERMITS. The following resource protection standards shall apply to all proposed Land Use Changes, including Divisions of Land and exempt Subdivisions, not otherwise exempt from the standards set forth in this Code. SECTION 7-201. AGRICULTURAL LANDS. A. No Adverse Affect to Agricultural Operations. Land Use Changes on lands adjacent to or directly affecting agricultural operations shall not adversely affect or otherwise limit the viability of existing agricultural operations. Proposed division and development of the land shall minimize the impacts of residential development on Agricultural Lands and agricultural operations, and maintain the opportunity for agricultural production. on the most productive and viable parcels of land. B. Domestic Animal Controls. Dogs and other domestic animals that are not being used to assist with the herding or the care of livestock shall not be permitted to interfere with livestock or the care of livestock on Agricultural Lands. The County shall require protective covenants or Deed Restrictions as necessary to control domestic animals. C. Fences. Fences shall be constructed to separate the Development from adjoining Agricultural Lands or stock drives as required to protect Agricultural Lands by any new development and to protect new development from adjoining agricultural operations.. Fences shall be maintained, and any breaks in fences shall be properly maintained metal or wood gates or cattle guards by the Development’s Homeowners Association. D. Roads. Roads shall be located a sufficient distance back from the property boundaries so that normal maintenance of roads, including snow removal, will not damage boundary fences. Dust control shall be required, both during and after construction, to minimize adverse impacts to Livestock and crops. E. Irrigation Ditches. 1. Maintenance. Where irrigation ditches cross or adjoin the land proposed to be developed, the developer shall insure that the use of those ditches, including maintenance, can continue uninterrupted. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-13 2. Rights-of-Way. The Land Use Change shall not interfere with the ditch rights-of-way. 3. Maintenance Easement. A maintenance easement of at least 25 feet from the edges of the ditch banks shall be preserved and indicated on any Final Plat for the Subdivision, or the final development plan for any nonsubdivision use. When agreed to in approved in notarized written form by the ditch owner(s), that distance may be decreased. SECTION 7-202. WILDLIFE HABITAT AREAS. The Applicant shall consult with the Colorado Division of Wildlife or a qualified Wildlife biologist in determining how best to avoid or mitigate impacts to Wildlife Habitat areas. Methods may include, but are not limited to, 1 or more of the following: A. Buffers. Visual and sound buffers shall be created through effective use of topography, vegetation, and similar measures to screen structures and activity areas from habitat areas. B. Locational Controls of Land Disturbance. Land disturbance shall be located so that Wildlife is not forced to use new migration corridors, and is not exposed to significantly increased predation, interaction with vehicles, intense human activity, or more severe topography or climate. C. Preservation of Native Vegetation. 1. Vegetation Utilized by Wildlife. Proposed Land Use Changes are designed to preserve large areas of vegetation utilized by Wildlife for food and cover, based upon recommendations by the Colorado Division of Wildlife. 2. Removal and Replacement of Native Vegetation. When native vegetation must be removed within habitat areas, it is replaced with native and/or desirable nonnative vegetation capable of supporting post-disturbance land use. 3. Removal of Noxious Weeds. Vegetation removed to control noxious weeds is not required to be replaced unless the site requires revegetation to prevent other noxious weeds from becoming established. D. Habitat Compensation. Where disturbance of critical Wildlife Habitat cannot be avoided, the developer may be required to acquire and permanently protect existing habitat to compensate for habitat that is lost to development. E. Domestic Animal Controls. The County may require protective covenants or Deed Restrictions as necessary to control domestic animals by fencing or kenneling, and specific penalties for failure to comply. SECTION 7-203. PROTECTION OF WETLANDS AND WATERBODIES. A. Minimum Setback. A setback of 35 feet measured horizontally from the Typical and Ordinary High Water (TAOHW) on each side of a Waterbody is required. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-14 Figure 7-203: Inner Buffer Zone B. Structures Permitted In Setback. Irrigation and water diversion facilities, flood control structures, culverts, bridges, and other reasonable and necessary structures requiring some disturbance within this setback may be permitted. C. Structures and Activity Prohibited in Buffer Zone. Unless otherwise permitted or approved, the following activities and development shall be prohibited in the restrictive inner buffer zone: 1. Placement of material, including without limitation any soil, sand, gravel, mineral, aggregate, organic material, or snow plowed from roadways and parking areas. 2. Construction, installation, or placement of any obstruction or the erection of a building or structure. 3. Removal, excavation, or dredging of solid material, including without limitation any soil, sand, gravel, mineral, aggregate, or organic material. 4. Removal of any existing live vegetation or conducting any activity which will cause any loss of vegetation, unless it involves the approved removal of noxious weeds, nonnative species, or dead or diseased trees. 5. Lowering of the water level or water table by any means, including draining, ditching, trenching, impounding, pumping, or comparable means. 6. Disturbance of existing natural surface drainage characteristics, sedimentation patterns, flow patterns, or flood retention characteristics by any means, including without limitation grading and alteration of existing topography. Measures taken to restore existing topography to improve drainage, flow patterns, and flood control must be approved. SECTION 7-204. WATER QUALITY FROM POLLUTANTS. The following regulations shall apply to all Land Use Change Permits. Compliance with State and Federal Regulations. At a minimum, all hazardous materials shall be stored and used in compliance with applicable State and Federal hazardous materials regulations. A. Storage Near Waterbodies Restricted. 1. The storage of hazardous materials within 100 horizontal feet of any Waterbody is restricted. When no practical alternative exists, site specific best management practices shall be employed to minimize potential adverse water quality impacts. 2. Sand and salt for road traction shall not be stored within 100 horizontal feet of any Waterbody unless there is no practicable alternative, in which case suitable Site specific best management practices shall be utilized. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-15 B. Spill Prevention. Measures shall be implemented to prevent spilled fuels, lubricants, or other hazardous materials from entering a Waterbody during construction or operation of equipment and/or facility. If a spill occurs, it should be cleaned up immediately and disposed of properly. C. Machine Maintenance. Maintenance of vehicles or mobile machinery is prohibited within 100 feet of any Waterbody. Emergency maintenance may be conducted until the vehicle or machinery can be moved. D. Fuel storage Areas. Containment measures shall be provided for all fuel storage areas to prevent release into any Waterbody. Inventory management or leak detection systems may be required. E. Waste Storage. Areas used for the collection and temporary storage of solid or liquid waste shall be designed to prevent discharge of these materials in Runoff from the site. Collection sites shall be located away from the storm drainage system. Other best management practices, such as covering the waste storage area, fencing the site, and constructing a perimeter dike to exclude Runoff, may also be required. SECTION 7-205. EROSION AND SEDIMENTATION. All land development, excluding agricultural grading activities, disturbing 1 acre or more are subject to the CDPHE, National Pollutant Discharge Elimination System Permit, unless otherwise exempted by CDPHE.6 A. Erosion and Sediment Control Plan. The Erosion and Sediment Control Plan shall include the following elements: 1. Site Map. A site map showing locations of any existing structures, Waterbodies or hydrologic features on the site, including intermittent water features, Wetlands, and the 100-year Floodplain boundaries. 2. Drainage Structures. a. Locations of existing and proposed drainage structures or natural drainage features affecting site drainage on the parcel and within 10 feet adjacent to the site boundary, including street gutters, storm sewers, drainage channels, and other water conveyance structures; and Wetlands or other Waterbodies receiving storm runoff from the site. b. Preliminary engineering design and construction features for drainage structures to be constructed. 3. Topography. Existing topography at reasonable contour intervals to provide necessary detail of the site. The map should extend a minimum of 10 feet beyond the property line and show the location of the property line. 4. Grading Plan. A grading plan showing the proposed topography at reasonable contour intervals that provides necessary detail of the site. The plan shall show elevations, dimensions, location, extent and Slope of all proposed clearing, and Grading including building site and driveway grades. 6 Check and see area that ath is required for a grading permit. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-16 5. Soil Stockpile and Snow Storage Areas. Probable locations of soil stockpiles and snow storage areas. 6. Drainage Plan. Proposed drainage plan. 7. Equipment Storage Areas. Location of storage areas designated for equipment, fuel, lubricants, chemical, and waste storage with an explanation of spill containment structures. 8. Temporary Roads. Location of temporary roads designed for use during the construction period. 9. Areas of Steep Slope. Areas with Slope of 20% or greater shall be identified by location and percentage of Slope, both for the existing site conditions and within the developed area. 10. Construction Schedule. Construction schedule indicating the anticipated starting and completion time periods of the site grading and/or construction sequence, including the installation and removal of erosion and sediment control measures, and the estimated duration of exposure of each area prior to the completion of temporary erosion and sediment control measures. 11. Permanent Stabilization. A brief description of how the site will be stabilized after construction is completed. 12. Erosion Control Measures. Plan view drawings of all erosion and sediment control measures showing approximate locations and site drainage patterns for construction phases and final design elements. Text may be necessary to accompany and explain the drawings. Typical erosion control measures should be depicted using standard map symbols. 13. Estimated Cost. Estimated total Cost, including installation and maintenance, of the required temporary soil erosion and sediment control measures. 14. Calculations. Any calculations made for determining rainfall, runoff, sizing any sediment basins, diversions, conveyance, or detention/retention facilities. 15. Neighboring Areas. A description of neighboring areas with regard to land use and existing pertinent features such as lakes, streams, structures, roads, etc. 16. Stormwater Management. A description of the stormwater management planning concept for the site, including both structural and nonstructural best management practices. 17. Stormwater Management Plan. Copy of the stormwater management plan application to CDPHE with date of submittal. 18. Hydraulic Calculations. Hydrologic, hydraulic, and all other calculations used to size and design drainage facilities and/or structural BMPs. 19. Maintenance Requirements. Maintenance requirements for all proposed BMPs should be discussed including access, schedules, costs, and designation of a responsible party. 20. Additional Information or Detail. Other information or data and additional detail as may be reasonably required by the Director. 21. Signature Blocks. Signature block for owner or legal agent acknowledging the review and acceptance of responsibility, and a signature and stamped statement by the qualified individual GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-17 acknowledging responsibility for the preparation of the Erosion and Sediment Control Plan. SECTION 7-206. DRAINAGE. A. Site Design to Facilitate Positive Drainage. Lots shall be laid out to provide positive drainage away from all buildings. B. Coordination with Area Storm Drainage Pattern. Individual lot drainage shall be coordinated with the general storm drainage pattern for the area. 1. Drainage ditches shall have a minimum Slope of no less than 0.75%. Energy dissipaters or retention ponds shall be installed in drainage ditches where flows are in excess of 5 feet per second. Ditches adjacent to roads shall have a maximum Slope of 3:1 on the inside and outside edges, except where there is a cut Slope on the outside edge, in which case the edge of the ditch shall be matched to the cut Slope. 2. Subdrains shall be required for all foundations where possible and shall divert away from building foundations and daylight to proper drainage channels. 3. Avoid Drainage to Adjacent Lots. Drainage shall be designed to avoid concentration of drainage from any lot to an adjacent lot. SECTION 7-207. STORMWATER RUN-OFF. These standards shall apply to any new development within 100 feet of a Waterbody and to any other development creating 10,000 square feet or more of impervious surface area. A. Avoid Direct Discharge to Streams or Other Waterbodies. Stormwater Runoff from project areas likely to contain pollutants shall be managed in a manner that provides for at least 1 of the following and is sufficient to prevent water quality degradation, disturbance to adjoining property, and degradation of public roads. 1. Runoff to Vegetated Areas. Direct Runoff to stable, vegetated areas capable of maintaining sheetflow for infiltration. Vegetated receiving areas should be resistant to erosion from a design storm of 0.5 inches in 24 hours. 2. On-Site Treatment. On-site treatment of stormwater by use of best management practices designed to detain (see Section 7-207.C., Detain and Treat Runoff) or infiltrate the Runoff and approved as part of the stormwater quality control plan prior to discharge to any natural Waterbody. 3. Discharge to Stormwater Conveyance Structure. Discharge to a stormwater conveyance structure designed to accommodate the projected additional flows from the proposed project, with treatment by a regional or other stormwater treatment facility prior to discharge into any natural Waterbody. B. Minimize Directly-Connected Impervious Areas. The site design shall minimize the extent of directly-connected impervious areas by including the following requirements: 1. Drainage Through Vegetated Pervious Buffer Strips. Runoff from developed impervious surfaces (rooftops, parking lots, sidewalks, etc.) GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-18 shall drain over stable, vegetated pervious areas before reaching stormwater conveyance systems or discharging to Waterbodies. 2. Techniques Used in Conjunction with Buffer Strip. The requirement that all impervious areas drain to vegetated pervious buffer strips (paragraph B.1., above) may be reduced if the outflow from the vegetated pervious buffer strip is directed to other stormwater treatment methods. Examples of other potential techniques to be used in conjunction with vegetated pervious buffer strip are: infiltration devices, grass depressions, constructed Wetlands, sand filters, dry ponds, etc. 3. Grass Buffer Strip Slope Design. When impervious surfaces drain onto grass buffer strips, a Slope of less than 10% is encouraged, unless an alternative design is approved by the County. C. Detain and Treat Runoff. Permanent stormwater detention facilities are required to be designed to detain flows to historic peak discharge rates and to provide water quality benefits. Design criteria for detention facilities include: 1. Detention facilities shall ensure the post-development peak discharge rate does not exceed the pre-development peak discharge rate for the 2-year and 25-year return frequency, 24-hour duration storm. In determining Runoff rates, the entire area contributing Runoff shall be considered, including any existing off-site contribution. 2. To minimize the threat of major property damage or loss of life, all permanent stormwater detention facilities must demonstrate that there is a safe passage of the 100-year storm event without causing property damage. 3. Channels downstream from the stormwater detention pond discharge shall be protected from increased channel scour, bank instability, and erosion and sedimentation from the 25-year return frequency, 24-hour design storm. 4. Removal of pollutants shall be accomplished by sizing dry detention basins to incorporate a 40-hour emptying time for a design precipitation event of 0.5 inches in 24 hours, with no more than 50% of the water being released in 12 hours. If retention ponds (“wet ponds”) are used, a 24-hour emptying time is required. For drainage from parking lots, vehicle maintenance facilities, or other areas with extensive vehicular use, a sand and oil grease trap or similar measures also may be required. To promote pollutant removal, detention basins length-to-width ratio should be not less than 2, with a ratio of 4 recommended where Site constraints allow. A sedimentation “forebay” is recommended to promote long-term functioning of the structure. Access to both the forebay and pond by maintenance equipment is required. 5. Culverts, drainage pipes, and bridges shall be designed and constructed in compliance with AASHTO recommendations for a water live load. 6. A written inspection and maintenance agreement shall be required to ensure regular inspection and maintenance of on-site detention facilities. SECTION 7-208. AIR QUALITY. The Land Use Change shall not cause air quality to be reduced below acceptable levels established by the Colorado Air Pollution Control Division. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-19 SECTION 7-209. AREAS SUBJECT TO WILDFIRE HAZARDS. The following standards shall apply to Land Use Changes in areas subject to wildfire hazards, as identified on the County Wildfire Hazards Map. A. Location Restrictions. Development associated with the Land Use Change shall not be located in any area designated as a severe wildfire hazard area with Slopes greater than 30% or within a fire chimney, as identified by the Colorado State Forest Service. B. Development Does Not Increase Potential Hazard. The proposed Land Use Change shall be developed in a manner that does not increase the potential intensity or duration of a wildfire, or adversely affect wildfire behavior or fuel composition. C. Fuel Modifications. If the proposed Land Use Change includes fire hazard areas that can be reduced to lower hazard ratings through thinning, clumping, reduction of “ladder” fuels (vegetation that may allow a fire to burn from ground level to lower tree branches), removal of hanging limbs near chimneys, creation of defensible space around structures, or other such modifications, then such fuel modifications shall be required. D.C. Roof Materials and Design. Roof materials shall be made of noncombustible “Class A” materials, and roofs shall employ a design that is pitched. E. Safety Areas in Residential Development. Areas designated by the applicable fire protection district as temporary public evacuation areas during fires shall be indicated by permanent signs along roads in the Development Area. These areas shall also be designated on the Final Plat or on the final development plan for Land Use Change subject to Major Impact Review. F.D. Dead-End Roads. Dead-end roads without turnaround areas shall be prohibited unless approved by the appropriate local fire district. G.E. Hammerhead. Hammerhead turnarounds may be approved by the BOCC provided the appropriate fire district or the Sheriff approves the proposed turning radius and length. H. Road Grade. All dedicated roads in wildfire hazard areas shall be a maximum grade of 8%; all roads having centerline curves greater than 45 degrees in arc shall have a maximum of 6% grade along such curves. On straight-line portions, a grade of 10% shall be allowed for a maximum of 200 feet in horizontal distance, unless approved by the appropriate local fire district. Steeper grades may be approved by the BOCC, subject to the approval of the appropriate fire district or the Sheriff. SECTION 7-210. AREAS SUBJECT TO NATURAL HAZARDS AND GEOLOGIC HAZARDS. The Development shall be designed to eliminate or mitigate the potential effects of hazardous site conditions by a qualified professional geotechnical engineer. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-20 A. Utilities. Above-ground utility facilities located in hazard areas shall be protected by barriers or diversion techniques approved by a qualified professional engineer licensed by the State of Colorado. The determination to locate utility facilities above ground shall be based upon the recommendation and requirements of the utility service provider and approved by the County. B. Development in Avalanche Hazard Areas. Development may be permitted to occur in Avalanche Hazard Areas if the Development complies with the following minimum requirements and standards, as certified by a qualified professional engineer licensed by the State of Colorado, or qualified professional geologist, and the plan approved by the County. 1. Certification of Construction. Building construction shall be certified to withstand avalanche impact and static loads and otherwise protected by external avalanche-defense structures that have been similarly certified. 2. Driveways and Roads. Driveways and Subdivision roads shall avoid areas where avalanches have return periods of fewer than 10 years. 3. Vegetation Removal Prohibited. Clear-cutting or other large-scale removal of vegetation in avalanche path starting zones, or in other locations that can increase the potential avalanche hazard on the property, is prohibited. 4. Extractive Operations Prohibited. Extractive operations in Avalanche Hazard Areas are prohibited when snow is on the ground unless a program of avalanche control and defense measures has been approved by the County to protect the operation. C. Development in Landslide Hazard Areas. Development may be permitted to occur in Landslide Hazard Areas only if the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer licensed by the State of Colorado, or qualified professional geologist, and approved by the County. 1. Construction Practices. Development shall comply with recommended construction practices to artificially stabilize, support, buttress, or retain the potential slide area and to control surface and subsurface drainage that affects the slide area. 2. Prohibited Activities. The following development activities shall be prohibited in Landslide Hazard Areas: a. Adding Water or Weight. Activities that add water or weight to the top of the Slope, or along the length of the Slope, or otherwise decrease the stability of the hazard area. Measures and structural improvements to permanently control surface and subsurface drainage from the Development shall be required. b. Removing Support Material. Activities that remove vegetation or other natural support material that contributes to its stability. c. Increasing Slope. Activities that increase the steepness of a potentially unstable Slope. d. Removing Toe of Land Slide. Activities that remove the toe of the landslide, unless adequate mechanical support is provided. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-21 D. Development in Rockfall Hazard Areas. Development shall be permitted to occur in rockfall hazard areas only if the Applicant demonstrates that the Development cannot avoid such areas and the Development complies with the following minimum requirements and standards, as certified by a qualified professional engineer licensed by the State of Colorado, or a qualified professional geologist, and approved by the County. 1. Construction Practices. Development shall comply with recommended construction practices to minimize the degree of hazard. Construction practices may include: a. Stabilization. Stabilizing rocks by bolting, gunite application (cementing), removal of unstable rocks (scaling), cribbing, or installation of retaining walls. b. Catching, Slowing, or Diverting Rocks. Slowing or diverting moving rocks with rock fences, screening, channeling, damming, or constructing concrete barriers or covered galleries. c. Barriers. Installation of structural barriers around vulnerable structures to prevent rock impact. 2. Prohibited Activities. The following development activities shall be prohibited in rockfall hazard areas: a. Adding Water or Weight. Activities that add water or weight to, or otherwise decrease the stability of, cliffs or overhanging strata. b. Removing Support Material. Activities that will reduce stability, including activities that remove vegetation or other natural support material, or that require excavation, or cause erosion that will remove underlying support to a rockfall hazard area. E. Development in Alluvial Fan Hazard Area. Development shall only be permitted to occur in an alluvial fan if the Applicant demonstrates that the Development cannot avoid such areas, and the Development complies with the following minimum requirements and standards, as certified by a qualified professional engineer licensed by the State of Colorado, or qualified professional geologist, and approved by the County: 1. Protective Measures. Development shall be protected using structures or other measures on the uphill side that channel, dam, or divert the potential mud or debris flow. 2. Disturbance Above Alluvial Fan Prohibited. Disturbance shall be prohibited in the drainage basin above an alluvial fan, unless an evaluation of the effect on Runoff and stability of the fan and on the ground water recharge area shows that disturbance is not substantial or can be successfully mitigated. F. Slope Development. Development on Slopes 20% or greater shall only be permitted to occur if the Applicant demonstrates that the Development complies with the following minimum requirements and standards, as certified by a qualified professional engineer licensed by the State of Colorado, or qualified professional geologist, and approved by the County: 1. Development on Slopes 20% or Greater. Building lots with 20% or greater Slope shall require a special engineering study to establish the feasibility of development proposed for the site. The study shall address feasibility of construction required for the use and describe the mitigation measures to be used to overcome excessive Slope problems. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-22 2. Development on Slopes Greater Than 30%. Development shall be permitted to occur on Slopes greater than 30% only if the Applicant demonstrates that the Development cannot avoid such areas and the Development complies with the following minimum requirements and standards: a. Cutting and Filling. Cutting, filling, and other Grading activities shall be confined to the minimum area necessary for construction b. Design Shall Fit Site. Development shall be located and designed to follow natural grade, rather than adjusting the site to fit the structure. Roads and driveways built to serve the Development shall follow the contours of the natural terrain and, if feasible, shall be located behind existing landforms. 3. Development on Unstable or Potentially Unstable Slopes. If a site is identified as having moderate or extremely unstable Slopes, then Development shall be permitted only if the Applicant demonstrates that the Development cannot avoid such areas and the Development complies with certified geotechnical design and construction stabilization and maintenance measures. a. Cutting Into a Slope. Cutting into the Slope is prohibited without provision of adequate mechanical support. b. Adding Water or Weight. Adding water or weight to the top of the Slope, or along the length of the Slope, is prohibited. c. Removing Vegetation. Vegetation shall not be removed from the Slope unless the integrity of the slop can be adequately maintained. it will be replaced on a timely basis acceptable to the County. d. Over-Steeping. Activities that over-steep the existing grade of an unstable Slope are prohibited.7 4. Development on Talus Slopes. Development shall be permitted to occur on a Talus Slope only if the Applicant demonstrates that the Development cannot avoid such areas, and the Development complies with the following minimum requirements and standards, as certified by a qualified professional engineer licensed by the State of Colorado, or a qualified professional geologist, and the design approved by the County: a. Withstand Down Slope Movement. The Development shall be designed to withstand down Slope movement. b. Buried Foundation and Utilities. The design shall include buried foundations and utilities below the active Talus Slope surface. c. Minimize Site Disturbance. Site disturbance shall be minimized to avoid inducing slope instability. d. Removing Toe of Slope. The toe of a Talus Slope shall not be removed unless adequate mechanical support is provided. G. Development on Corrosive or Expansive Soils and Rock. Development in areas with corrosive or expansive soils and rock shall be designed based upon an evaluation of the Development’s effect on Slope stability and shrink-swell characteristics. Development shall be permitted only if the Applicant demonstrates that the Development cannot avoid such areas and the Development complies with design, construction stabilization, and maintenance measures certified by a qualified 7 What is over-steeping? GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-23 professional engineer licensed by the State of Colorado, or qualified professional geologist, and approved by the County. 1. Drainage Away From Foundations. Surface drainage shall be directed away from foundations. 2. Concentrate Runoff into Natural Drainages. Runoff from impervious surfaces shall be directed into natural drainages or otherwise on-site in a manner that does not create or increase adverse impacts to the Development site or to adjacent or other property. H. Development in Mudflow Areas. Development shall be permitted in a mudflow area only if the Applicant demonstrates that the Development cannot avoid such areas, and the Development complies with recommended mitigating design, construction stabilization, and maintenance measures as certified by a qualified professional engineer licensed by the State of Colorado, or qualified professional geologist, and approved by the County. I. Development Over Faults. Development shall be permitted over faults only if the Applicant demonstrates that such areas cannot be avoided and the development complies with mitigation measures based on geotechnical analysis and recommendations, as certified by a qualified professional engineer licensed by the State of Colorado, or by a qualified professional geologist, and approved by the County. SECTION 7-211. AREAS WITH ARCHEOLOGICAL, PALEONTOLOGICAL, OR HISTORICAL IMPORTANCE. The proposed Land Use Change shall be designed to avoid or mitigate negative impacts upon previously identified archeological, paleontological, and historical resources that exist in areas to be affected by the proposed Development. SECTION 7-212. RECLAMATION. A. Applicability. These standards shall apply to any activity that requires review and permit approval by the County and to the following activities: 1. Installation of ISDS. Installation of a new or replacement ISDS. 2. Driveway Construction. Any driveway construction that requires a Garfield County Access Permit or a CDOT Access Permit. 3. Preparation Area. All areas disturbed during Development that do not comprise the longer-term functional areas of the site but are those areas used for the short-term preparation of the site. B. Reclamation of Disturbed Areas. Areas disturbed during development shall be restored as natural-appearing landforms that blend in with adjacent undisturbed topography. 1. Contouring and Revegetation. Abrupt angular transitions and linear placement on visible Slopes shall be avoided. Areas disturbed by Grading shall be contoured so they can be revegetated, and shall be planted and have vegetation established and growing based on 70% coverage as compared with the original on-site vegetation within 2 growing seasons, using species with a diversity of native and/or desirable nonnative vegetation capable of supporting the post-disturbance land use. To the maximum extent feasible, disturbed areas shall be GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-24 revegetated to a desired plant community with composition of weed-free species and plant cover typical to that site. 2. Application of Top Soil. Top soil shall be stockpiled and placed on disturbed areas. 3. Retaining Walls. Retaining walls made of wood, stone, vegetation, or other materials that blend with the natural landscape shall be used to reduce the steepness of cut Slopes and to provide planting pockets conducive to revegetation. 4. Slash Around Homes. To avoid insects, diseases, and wildfire hazards, all vegetative residue, branches, limbs, stumps, roots, or other such flammable lot-clearing debris shall be removed from all areas of the lot in which such materials are generated or deposited, prior to final building inspection approval. 5. Removal of Debris. Within 6 months of substantial completion of soil disturbance, all brush, stumps, and other debris shall be removed from the site. 6. Time Line Plan. Every area disturbed shall have a time line approved for the reclamation of the site approved by the County. DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS. These standards shall apply to all Land Use Changes proposing 2-unit and multi-unit dwellings, Commercial and Industrial Use, and Divisions of Land not otherwise exempt from this Code. SECTION 7-301. COMPATIBLE DESIGN. The design of Development associated with the Land Use Change shall be compatible with and enhance the existing character of adjacent uses. A. Site Organization. The site shall be organized in a way that considers the relationship to streets and lots, solar access, parking, pedestrian access, and access to common areas. B. Operational Characteristics. The operations of activities on the site shall be managed to avoid nuisances to adjacent uses relating to hours of operations, parking, service delivery, and location of service areas and docks. 1. Objectionable Emissions. Dust, odors, gas, fumes, and glare shall be managed to comply with state and federal standards. not be emitted at levels that are objectionable to adjacent property. 2. Noise. Noise shall not exceed state noise standards pursuant to C.R.S., Article 12 of Title 25, as amended, unless the use is regulated by the COGCC. In this case, the use shall be subject to COGCC Rule 802, Noise Abatement. 3. Hours of Operation. Hours of operation shall be identified in the application. established to minimize impacts to adjacent land uses. 4. Roadway System Impacts. Impacts to the County roadway system associated with hauling, truck traffic, and equipment use shall be mitigated through roadway improvements or impact fees, or both. C. Lighting. Exterior lighting shall be designed in compliance with the requirements of Section 7-306, Lighting Standards. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-25 D. Buffering. Buffering shall be installed to mitigate visual, noise, or similar impacts to adjacent property whenever adjacent uses are in a different zoning district. Figure 7-301: Adjacent Use Landscape Buffer Area E. Materials. Exterior facades shall be constructed with materials that do not detract from adjacent buildings or uses. F. Building Scale. The scale of buildings on the site shall relate to the scale of structures on adjacent properties and the nature of the proposed use. SECTION 7-302. BUILDING DESIGN. A. Entryway. 1. Orientation with Street. At least 1 main entrance of buildings shall directly face the street and provide a clear view of the public entry. 2. Visibility. Commercial, industrial, and multi-family buildings shall have clearly defined, highly visible entrances. B. Solar Orientation. To the extent possible, buildings shall be oriented to take advantage of solar energy. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-26 Figure 7-302: Building Entry Visibility SECTION 7-303. DESIGN AND SCALE OF DEVELOPMENT. A. Excessive Site Disturbance. The design and scale of the Development shall minimize unnecessary or excessive site disturbance. B. Minimize Adverse Influences by Airport Operations. Residential Lots should be located to minimize adverse influences due to airports and airport operations. C. Efficiency in Provision of Services and Access to Facilities. The Development should be designed to facilitate efficiency in the installation of all public and private facilities and services. Residential Development should be located nearest to utilities and roads to minimize the amount of construction required for these improvements and the loss of Agricultural Land. SECTION 7-304. OFF-STREET PARKING AND LOADING STANDARDS. A. Off-Street Parking Required. All uses shall be required to provide the number of off-street parking spaces that complies with the standards set forth in Table 7-304.A. 1. Shared Parking or Loading Areas. A parking or loading space that is required by this Code shall not be a required parking or loading space for another use unless it can be shown that the shared use will not result in a shortage of parking at any time. Use of approved shared parking or loading spaces, based upon the following conditions, may reduce the number of off-street parking spaces by up to 20% of the total required for all uses. a. The peak use periods for the required parking or loading space will not overlap with one another. b. The shared use arrangement for parking or loading spaces shall be for 2 or more uses located on the same site or adjoining sites. 2. Required Fractional Spaces. When any calculation of the number of required off-street parking spaces results in a fractional space being required, such fraction shall be rounded up to the next higher number of spaces. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-27 3. Uses Not Listed. The number of required off-street parking and loading spaces for any use not specifically listed in Table 7-304.A. shall be determined by the BOCC. Table 7-304 A: Minimum Off-Street Parking Standards By Use Use Type Parking Standard RESIDENTIAL USES Single-Unit 2 Spaces Per Unit 2-Unit 2 Spaces Per Unit Multi-Unit 2.5 Spaces Per Unit Manufactured Home Park 2 Spaces Per Unit Housekeeping 1 Space Per Room Transitional Housing 1 Space Per Unit Overnight/Emergency Shelter 1 Space Per Staff1 PUBLIC/INSTITUTIONAL USES Auditorium/Public Assembly Areas 1 Space Per 100 Square Feet of Floor Area Used for Seating/Assembly Public Facility 1 Space Per 300 Square Feet of Floor Area2 Health Facility 1 Space Per 300 Square Feet of Floor Area2 COMMERCIAL USES Lodging 1 Space Per Room Restaurant and Tavern 1 Space Per Every 4 Seats Retail, Service, or Office 1 Space Per 250 Square Feet of Net Leasable Floor Area Wholesale Establishment, Warehouse, Rail or Truck Freight Terminals 1 space per 2,000 square feet of Floor Area INDUSTRIAL USES Manufacturing Establishments 1 Space Per 1,000 Square Feet of Floor Area Notes: 1. Computed on the basis of the estimated maximum number of employees and volunteers on the site at any given time. 2. Net leasable areas include only those areas that are designed to be leased to a tenant and occupied for commercial or office purposes, exclusive of any area dedicated to foyers, bathrooms, stairways, circulation corridors, mechanical areas, and storage areas used solely by tenants on the site. B. Off-Street Loading Required. Buildings or structures that are designed to receive and distribute materials and merchandise by truck, or that are substantially altered so as to receive and distribute materials and merchandise by truck, shall provide and maintain off-street loading berths or loading spaces in sufficient number to meet their own needs. Where the property or use is served or designed to be served by tractor-trailer delivery vehicles, the standards in Table 7-304.B. shall be used in establishing the minimum number of off-street loading berths required. Table 7-304 B: Off-Street Loading Requirements Gross Floor Area of Building Required Berths or Spaces Up to 10,000 Square Feet 1 Space Greater Than 10,000 Square Feet 2 Spaces C. Continuing Obligation. The provision and maintenance of off-street parking and loading spaces that comply with this Code shall be a continuing obligation of the property owner. D. Prohibited Uses of Required Spaces. Required parking spaces shall be available only for the parking of operable passenger automobiles of residents, guests, customers, patrons, and employees of the use for which they are required. Prohibited uses of required parking spaces shall be as follows: 1. Inoperable Vehicles or Materials. Materials or inoperable vehicles shall not be stored in required parking spaces. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-28 2. Delivery Vehicles. Delivery vehicles or trucks used in conducting the business or use shall not be parked in required parking spaces during business hours. 3. Vehicles for Sale. Vehicles shall not be displayed for sale in any parking area required for a nonresidential use, except for the casual display of a vehicle by its owner, when the owner is an employee or customer using the premises. 4. Repair Work. Repair work shall not be conducted in any parking area required for a nonresidential use if the repairs render a vehicle inoperable for more than 24 hours. E.D. Location of Required Parking Spaces. Unless otherwise allowed by this Code, rRequired off-street parking spaces shall be located as follows: On the Same Lot. o On the same lot or the adjacent lot proximate to the business . as the use the spaces they are intended to serve. 1. Within a Common Assigned Parking Area. Within a common assigned parking area under the same ownership of the Development and/or use in which the spaces are intended to serve. F.E. Loading and Unloading. Loading and unloading of vehicles serving Commercial and Industrial Uses shall be conducted in a manner that does not interfere with the proper flow of traffic. on private property or alley. G.F. Parking and Loading Area Surface. 1. Surface Materials. Off-street parking areas, loading areas, aisles, and access drives shall have a durable, all-weather surface made of materials that are suitable for the uses to which the parking area will be put., and are compatible with the character of the proposed Development and the surrounding land use. Appropriate parking surface materials may include, but are not limited to, asphalt, concrete, paving blocks, and gravel surface. Grass ring surface may be used for temporary or emergency purposes. 2. Grading. Parking surfaces shall be compacted and graded with a minimum grade of 2% for asphalt, 1% for concrete, and 2% for paving blocks, gravel, or grass ring surface, to permit drainage of surface water without damage to public or private land or improvements or otherwise determined by an engineer or as required by applicable codes and/or statutes. 3. Striping. Paved surfaces shall be striped to demarcate the parking spaces for all commercial lots and for residential lots containing over 4 contiguous spaces. H.G. Minimum Dimensions of Parking Areas. The minimum dimensions of parking spaces, aisles, and back-up areas are specified in Figure 7-304. The length of a parking space may be reduced to 18 feet, including wheel stop, if an additional area of 2 feet in length is provided for the front overhang of the car, provided that the overhang shall not reduce the width of the adjacent walkway to less than 4 feet. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-29 Figure 7-304: Parking Space Dimensions I.H. Minimum Dimensions of Loading Berths. The minimum dimension of any loading berth shall be 10 feet wide by 35 feet long, with a vertical clearance of 14 feet. If the typical size of vehicles used in connection with the proposed use exceeds these standards, the dimensions of these berths shall be increased. J.I. Compact Car Spaces. In parking areas containing more than 10 spaces, up to 20% of the number of spaces over the first 10 spaces may be designed for compact cars. 1. Minimum Dimensions. A compact car space shall have minimum dimensions of 8 feet in width by 16 feet in length. 2. Signage. Compact car spaces shall be designated for exclusive use by compact cars and identified by stencil signage or a raised identification sign not to exceed dimensions. K.J. Handicapped or Accessible Parking. Accessible parking shall comply with the County’s adopted construction Codes and the adopted or most recent edition of CABO/ICC ANSI A 117.1. L.K. Unobstructed Access. Each required parking space shall have unobstructed access from a road or alley, or from an aisle or drive connecting with a road or alley, except for approved residential tandem parking. M.L. Tandem Parking. 1. Tandem parking (a vehicle parking directly behind another) that meets the following conditions may be applied to meet the off-street parking standards of this Code: a. Use of the space does not impede the movement of other vehicles on the Site; b. Tandem spaces serving multi-family dwelling units are assigned to the same dwelling unit; and c. Valet parking shall be provided for tandem spaces serving retail or Commercial Uses. 2. Credit Limited to 1 Space. A tandem parking space may be used to obtain credit for 1 required parking space. 3. Tandem Parking in Parking Structure. Tandem parking shall be allowed when required parking is located within a parking structure or within a garage that serves multiple dwelling units. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-30 N.M. Backing Onto Public Streets Prohibited. All parking areas shall be located and designed in conjunction with a driveway so that vehicles exiting from a parking space shall not be required to back onto the right-of-way of a public street. Vehicles exiting from a parking space for a single-family or duplex dwelling unit may back onto a residential street. Vehicles exiting from a parking space for any use may back onto the right-of-way of an Alley adjacent to the property. O.N. Access Driveways. Access driveways for required off-street parking areas shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress and the maximum safety of pedestrian and vehicular traffic on the site. 1. Minimum Width. a. The minimum width of the access driveway for a Commercial or Industrial Use shall be 12 feet for a 1-way drive and 24 feet for a 2-way drive. b. The access driveway for a Residential Use shall be 10 feet for a 1-way drive and 20 feet for a 2-way drive. 2. Clear Vision Area. Access driveways shall have a minimum clear vision area formed by the intersection of the driveway centerline, the street rightof-way line, and a straight line joining said lines through points 20 feet from their intersection. Landscaping restrictions for a clear vision area are set forth in Section 7-305.J., Obstructions Prohibited. P.O. Parking and Loading Area Landscaping and Illumination. Off-street parking and loading areas for nonresidential uses located adjacent to Residential Uses or Residential Zoning Districts shall be landscaped to minimize disturbance to residents, including installation of perimeter landscaping, proper screening of loading areas with opaque materials, and control of illumination. The landscaping and screening shall comply with Section 7-305, Landscaping Standards. Lighting shall comply with Section 7-306, Lighting Standards. SECTION 7-305. LANDSCAPING STANDARDS. A. Landscape Plan8 Landscape Plans shall be scaled at 1 inch to 20 feet for properties exceeding 16 acres in size, or 1 inch to 10 feet for properties less than 16 acres in size. The Landscape Plan shall include the following elements: 1. Topographic information at least 2-foot contour intervals; 2. Location of all lot lines and improvements to the property, and location of any easements of record; 3. Identification of all existing deciduous tree and coniferous trees of 6 inches in caliper or greater, and which trees will be preserved and which trees will be removed or relocated; areas where other existing vegetation will either be preserved or removed; the type, location, size, and number of plants that will be installed; and specified seed mixtures; 4. An estimate of the Cost of supplying and installing the materials depicted in the Landscape Plan; and 8 Moved from Section 4-203.F. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-31 5. A description of the proposed program to maintain the landscaping after it has been installed. A. General Standards 1. Maintenance. All plant materials must be kept in a healthy condition. Dead plants must be removed and replaced as necessary. 2.1. Irrigation. Newly-installed landscaping must include a properly functioning, automated sprinkler and/or drip irrigation system with individual zones for nonturf areas. 3.2. Restoration and Revegetation of Disturbed Areas. All portions of the site where existing vegetative cover is damaged or removed, that are not otherwise covered with new improvements, shall be successfully revegetated with a mix of native, adaptive, and drought-tolerant grasses and ground covers. The density of the re-established vegetation must be adequate to prevent soil erosion and invasion of weeds after 1 growing season. 4. Installation. All plant materials shall be installed in the best possible manner to ensure their continued viability. Shrub and flower beds must be lined with a weed barrier mesh (or similar material designed for weed control) to prevent the introduction of noxious weeds. 5. Protection of Existing Trees and Shrubs. All Landscaping Plans shall include provisions to protect existing trees and shrubs that are to be preserved and integrated within the planting areas. 6. Materials Stockpiles. Construction materials and debris shall be stockpiled outside dripline areas a minimum distance of 1.5 times the dripline perimeter. The stockpile area shall be clearly marked with temporary fencing or other similar material. 7. Landscaping Must Be Located On Site. All required landscaping must be located on the property it serves. 8. Location of Plantings With Regard to Right-of-Ways. All required landscaping must be located outside of any adjacent right-of-way unless a written waiver is received from the Director. 9.3. Contents of Planting Beds. All planting beds shall contain a combination of organic and inorganic materials. B. Multi-Family, Commercial, and Industrial Development. 1. Lots in a Residential Zoning District that contain multi-family dwellings and Lots in the Commercial and Industrial Zoning Districts shall be landscaped in the areas not covered by impervious materials. 2. Landscaping shall be installed to effectively buffer proposed Commercial or Industrial Uses from surrounding Residential Uses and to provide a landscaped buffer along collector and arterial streets. 3.2. Landscaping in multi-family, commercial and industrial Development Areas shall be used to screen from view uses such as trash enclosures, storage areas, mechanical equipment, loading docks, and similar items where such areas are visible from public roads, sidewalks, or Open Space. C. Subdivision, PUD, and Rural Land Development Exemption. 1. Landscaping in a residential Subdivision, Planned Unit Development, or GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-32 Rural Land Development Exemption shall be consistent with the character of the Development, the unique ecosystem, and specific environment in which the Development is located. 2. Landscaping in a Clustered Development shall include landscaping to create a buffer between dense clusters and lower density clusters and Open Space areas. 3.2. Landscaping in a residential Subdivision, Planned Unit Development, or Rural Land Development Exemption shall be used to screen from view uses such as trash enclosures, storage areas, mechanical equipment, and similar items where such areas are visible from public roads, sidewalks, or Open Space. D. Cover. Nonliving ground cover may include decorative gravel, bark mulch, river rock, or similar materials. Decorative elements such as walks, decks, terraces, water features, and similar features may be included. E.D. Plants Compatible with Local Conditions. All plants used for landscaping shall be compatible with the local climate and the soils, drainage, and water conditions of the site. When planting occurs on hillsides, Slopes, drainage ways, or similar natural areas, plant material should duplicate adjacent plant communities both in species composition and special distribution patterns. Whenever possible, drought-resistant varieties of plant materials shall be utilized. Xeriscape design principles and the use of native plant species shall be used when appropriate. F.E. Existing Vegetation. The Landscape Plan shall be designed so that healthy trees, native vegetation, and natural or significant rock outcroppings, and other valuable features are preserved and integrated within planting areas. Existing healthy trees and shrubs that are preserved shall count towards the landscaping standards of this Section. G.F. Minimum Size. To ensure healthy plant materials are installed in new Development, trees and shrubs shall comply with the quality standards of the Colorado Nursery Act, 1973 C.R.S. Title 35, Article 36, as amended. 1. Deciduous Trees. Deciduous trees shall be a minimum of 1-1/2 inches in caliper, measured at a point 4 inches above the ground. 2. Coniferous Trees. Coniferous trees shall be a minimum of 4 feet in height, measured from the top of the root ball to the top of the tree. 3. Ornamental Trees. Ornamental trees shall be a minimum of 1-1/2 inches in caliper, measured at a point 4 inches above the ground. 4. Shrubs and Vines. Shrubs shall be a minimum of 1 foot in height at time of planting. Vines shall be in a minimum 1 gallon container. H.G. Minimum Number of Trees and Shrubs. Trees and shrubs must be grouped in strategic areas and not spread thinly around the site. Where screening is required, plant materials must be sufficient to create a semiopaque wall of plant material between the property and the adjoining area to be screened. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-33 I.H. Parking and Storage Prohibited. Areas required as landscaping shall not be used for parking, outdoor storage, and similar uses, but may be used for snow storage if designed in compliance with Section 7-307, Snow Storage Standards. J.I. Obstruction Prohibited. 1. Clear Vision Area. Clear vision areas shall be designated in compliance with Section 7-304.O.2., provisions of the County road standards, applicable requirements of the CDOT, and as otherwise deemed necessary for public health and safety. Plant materials shall be limited to 30 inches in height within the clear vision area to avoid visibility obstructions or blind corners at intersections. Figure 7-305 A: Clear Vision Areas Figure 7-305 B: Clear Vision Areas 2. Fire Hydrants and Utilities. Landscaping shall not obstruct fire hydrants or utility boxes and shall be installed so it will not grow into any overhead utility lines. Trees and shrubs shall not be planted within 4 feet of existing overhead or underground lines. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-34 K.J. Landscaping Within Off-Street Parking Areas. 1. All off-street parking areas containing 15 or more spaces shall provide landscape buffers when adjacent to street rights-of-way. Landscape buffers may be achieved through the use of earthen berms, shrubs, trees, or other appropriate materials to effectively minimize screening the parking area from the rights-of-way. 2. Interior Parking Areas. Planting shall be established to break up the interior of all parking areas. Landscape planting islands shall be a minimum of 8 inches in width to ensure adequate room for planting. Figure 7-305 C: Center Planting Strip SECTION 7-306. LIGHTING STANDARDS. Any outdoor light used for the illumination of parking areas, loading areas, and recreation areas, or for any other private or public purpose, shall meet the following conditions: A. Downcast Lighting. Exterior lighting shall be designed so that light is directed inward, towards the interior of the Subdivision or site. B. Shielded Lighting. Exterior lighting shall be fully shielded or arranged in a manner so that concentrated rays of light will not shine directly onto other properties. C. Hazardous Lighting. The direct or reflected light from any light source shall not create a traffic hazard. Colored lights shall not be used in such a way as to be confused or construed as traffic control devices. D. Flashing Lights. Blinking, flashing, or fluttering lights, or other illuminated device which has a changing light intensity, brightness, or color, shall be prohibited in all zoning districts. E. Height Limitations. Light sources which exceed 40 feet in height shall not be permitted except for temporary holiday displays or as required by local, State or Federal regulations. SECTION 7-307. SNOW STORAGE STANDARDS. The following standards shall apply on any property that contains Commercial or Industrial Uses, multi-family units, or a common outdoor parking area: GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-35 A. Minimum Area. A designated area sufficient to store snow from the entire parking area shall be provided. As a general guideline, and considering the varying elevations and snowfall amounts throughout the County, it is anticipated that a minimum area equivalent to 2.5% of the total area of the required off-street parking and loading area, including access drives, shall be designated to serve as a snow storage area. B. Storage in Parking Spaces Prohibited. Required off-street parking and loading areas shall not be used for snow storage. C. Storage in Yards and Open Space Permitted. Snow stored in a required Yard or Open Space shall not be located in a manner that restricts access or circulation, or obstructs the view of motorists. D. Storage on Public Roadways Prohibited. The traveled area of public roadways shall not be used for snow storage. E. Drainage. Adequate drainage shall be provided for the snow storage area to accommodate snowmelt and to ensure it does not drain onto adjacent property. SECTION 7-308. ROADWAY STANDARDS. The following are the County’s general roadway standards for design and circulation: A. Impacts Mitigated. Impacts to the County roadway system associated with hauling, truck traffic, and equipment use shall be mitigated through roadway improvements or impact fees, or both A.B. Subdivision Access. Access to all Subdivisions shall be from a public street system. B.C. Requirements for Roadway Infrastructure. Roadways, curbs and gutters, and sidewalks shall be provided as required by the following standards: GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-36 C.D. Circulation and Alignment. The road system shall provide adequate and efficient internal circulation within the Development and provide reasonable access to pubic highways serving the Development. Roads shall be designed so that alignments will join in a logical manner and combine with adjacent road systems to form a continuous route from one area to another. D.E. Intersections. No more than 2 streets shall intersect at 1 point, with a minimum of 200 feet between offset intersections, unless otherwise approved by the County. E.F. Street Names. Street names shall be consistent with the names of existing streets in the same alignment; otherwise there shall be no duplication of street names in the County. F.G. Congestion and Safety. The road system shall be designed to minimize road congestion and unsafe conditions. G.H. Continuation of Roads and Dead-End Roads. Roads shall be arranged to provide for the continuation of major roads between adjacent properties when appropriate and necessary for traffic movement, effective fire protection, or efficient provision of utilities. 1. If the adjacent property is undeveloped and the road must be temporarily dead-ended, right-of-way shall be extended to the property line and the BOCC may require construction and maintenance of a turnaround for 9 As determined adequate in an engineering review. Primitive road shall be dedicated ROW, driveway can be dedicated as either an easement or ROW. 10 If determined necessary for adequate drainage. Table 7-308: Roadway Standards Design Standards Major Collector Minor Collector Secondary Access Rural Access Semi Primitive Primitive/D riveway Residential Public Land Access Design Capacity (ADT) 2501+ 401 ‐2500 201 – 400 101‐200 21 – 100 011 – 20 No Access to DU Minimum ROW Width (Feet) 80 60 50 50 40 15 to 309 30 Lane Width (Feet) 12 12 11 11 8 Single Lane 12 Single Lane 12 Shoulder Width (Feet) 8 6 Minimum Paved 6 4 Minimum Paved 6 4 Minimum Paved 4 2 Minimum Paved 2 0 0 Ditch Width (Feet) 10 10 6 6 4 310 0 Cross Slope 2% 2% 2% 2% Chip/Seal 3% Gravel 2% Chip/Seal 3% Gravel 2% n/a Shoulder Slope 3% 3% 5% 5% 5% n/a n/a Design Speed 35 mph 35 mph n/a n/a n/a n/a n/a Minimum Radius (Feet) 425 185 80 80 50 40 n/a Maximum % Grade 8% 8% 10% 120% 120% 102% 102% Surface Asphalt or Chip/Seal Chip/Seal Chip/Seal or Gravel Gravel Gravel Native Material n/a GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-37 temporary use. The Final Plan shall include a Plat notation that land outside the normal road right-of-way shall revert to abutting property owners when the road is continued, after compliance with the County road vacation process. 2. Dead-end streets may be permitted provided they are not more than 600 feet in length and provide for a cul-de-sac or a T-shaped turnaround based on the following design standards. The BOCC may approve longer cul-de-sacs for topographical reasons if adequate fire protection and emergency egress and access can be provided. a. Cul-de-sacs shall have a radius of at least 45 feet measured from the center of the cul-de-sac, and (1) Commercial/industrial Development where tractor trailer trucks will enter the property shall have at least a 75-foot right-of-way; (2) Residential Development shall have a 50-foot rightof-way; b. T-shaped Turnaround (1) Commercial/industrial Development shall have a minimum turning radius of 75 feet where tractor trailer trucks will enter the property. (2) Residential Development shall have a minimum turning radius of 50 feet. 3. Dead-end streets shall be discouraged, except in cases where the deadend is meant to be temporary with the intent to extend or connect the right-of-way in the future. If a dead-end street is approved, room for plowed snow storage shall be included by providing a T-shaped turnaround with a minimum turning radius of 50 feet for residential Development and 75 feet for commercial/industrial Development where tractor trailer trucks will enter the property. A dead-end street is different from a cul-de-sac in that a dead-end street has no permanent turnaround at the end of the street. H.I. Relationship to Topography. Streets shall be designed to be compatible with the topography, creeks, wooded areas, and other natural features. Combinations of steep grades and curves should be avoided. When, due to topography, hazards, or other design constraints, additional road width is necessary to provide for the public safety by cut and/or fill area, drainage area, or other road appurtenances along roadways, then dedication or right-of way in excess of the minimum standards set forth in this Code shall be required.11 I.J. Erosion and Drainage. The road system shall minimize erosion and provide for efficient and maintainable drainage structures. J.K. Commercial and Industrial. The roads and access in commercial and industrial Developments shall be designed to minimize conflict between vehicular and pedestrian traffic. 11 Moved from 7-405 GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-38 K.L. Emergency Access and Egress. Roads shall be designed so as to provide emergency access and egress for residents, occupants, and emergency equipment. Emergency access shall comply with provisions of the International Fire Code and requirements of applicable emergency services, such as fire protection, ambulance, and law enforcement. L.M. Road Surface. The road surface shall comply with requirements of Section 7-308.B., Requirements for Roadway Infrastructure. M.N. Traffic Control and Street Lighting. Traffic control devices, street signs, street lighting, striping, and pedestrian crosswalks are to be provided in conformance with this Code, and criteria contained in the Manual on Uniform Traffic Control Devices. N.O. Drainage Structures. Roadway drainage structures such as bridges, culverts, cross pans, inlets, and curbs and gutters shall be provided as determined by design and in conformance with the County road standards. 1. Culverts are required where driveways connect to roadways unless specifically exempted by the County Road and Bridge Department. It is the responsibility of the property owners to maintain their culverts free and clear of mud, silt, debris, and ice. Water that flows out of driveways must be diverted to ditches. Damage to a road caused by a blocked culvert, lack of culvert, or driveway Runoff is the responsibility of the property owner and costs of repairs by Garfield County may be billed to the property owner as authorized by C.R.S. Title 43, Article 5, as amended. 2. Roadside Ditches. Water flowing in roadside ditches shall be diverted away from the road as quickly as possible. In no case shall water travel in a roadside ditch for a distance greater than 800 feet or have a flow greater than 5 cubic feet per second during a 25-year, 24-hour storm event. SECTION 7-309. TRAIL AND WALKWAY STANDARDS. A. Recreational and Community Facility Access. When a Link to Public Facilities and Recreation Areas. A trail system shall beiais provided in a Developments, it where a link to schools, shopping areas, parks, trails, greenbelts, and other public facilities is determined to be appropriate and feasible by the BOCC.1. Trail Right-of-Way Standards. Trail rights-of-way for dedicated park lands and Open Space shall conform to the following criteria; 2. The land required for trail rights-of-way shall be set aside as an easement or separate fee interest.. 3. The width for the trail easement shall be adequate to handle the proposed use based on the particular reasonable needs of the trail, its location, the surrounding terrain, and the anticipated usage. The minimum width for the trail easement shall be 8 feet. 4. Public access to the trail easement shall be provided within the subject property. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-39 5. Any The trail easement may overlap and include property previously included in other easements, such as ditch, canal, utility and conservation easements, and public or private open space. However, the trail easement shall not compromise the functional use of any other easement. B. Trail or Walkway Service Comparable to Sidewalks. A system of trails and walkways may be used as an alternative to required sidewalks provided that the level of service provided by the proposed trail or walkway system shall be comparable to that of applicable sidewalk requirements. C.B. Platting Required. All easements, trails, and walkways shall be platted. D.C. Compatible Construction. The type of construction of trails and walkways shall be compatible with the anticipated use. E.D. Safety. Unsafe road crossing locations shall be avoided. Special structures and/or traffic control devices may be required at road crossings for safety to avoid unsafe road crossings. . F.E. Maintenance. Suitable provisions for maintenance of trail and walkway systems shall be established through a perpetual association, corporation, or other means acceptable to the County. SECTION 7-31009. UTILITY STANDARDS. A. Approval of Utility Easement by Utility Company. Utility easements shall be subject to approval by the applicable utility companies and, where required, additional easements shall be provided for main switching stations and substations. The Applicant shall work with the utility companies to provide reasonable sized easements in appropriate locations. B. Utility Location. Unless otherwise provided in this Code, the following conditions shall apply to the location of utility services. 1. Underground Location. All utilities except major power transmission lines, transformers, switching and terminal boxes, meter cabinets, and other appurtenant facilities shall be located underground throughout the Development unless it is demonstrated to the satisfaction of the BOCC that compliance is impractical or not feasible and will result in undue hardship. 2. Easement Location. As applied to Subdivisions, all utility lines, including appurtenances, shall be placed either within roads or public rights-of-way or within the Subdivision easements or rights-of-way provided for the particular facilities, in accordance with the approved utility service plan. 3. Dimensional Requirements. a. Easements centered on common Rear Lot Lines shall be at least 16 feet wide. b. Where an easement abuts a Rear Lot Line that is not the Rear Lot Line of another lot, or that is on the perimeter of the Development, the easement width shall be a minimum of 10 feet. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-40 c. Where easements are combined with a water course, drainage way, channel, or stream and the use would be in conflict with drainage requirements or Wetlands, an additional utility easement of at least 10 feet in width shall be provided. d. Multiple use of an easement is encouraged to minimize easements. e. Where inclusion of utilities within the Rear Lot Line is impractical due to topographical or other conditions, perpetual unobstructed easements at least 10 feet in width shall be provided alongside lots lines with satisfactory access to the road or Rear Lot Lines. C. Final Plat Requirements. The Final Plat shall note all easements and shall include notation regarding the purpose and ownership of the easement. The use or uses for each easement shall be designated on the Final Plat to avoid use conflicts. D. Dedication of Easements. Unless otherwise required by the BOCC, easements are for the benefit of the public, except utility easements, that shall be dedicated to the exclusive use of the utilities and drainage easements, which shall be dedicated to the Homeowners Association. E. Construction and Installation of Utilities. Applicants shall make the necessary arrangements with each service utility for the construction and installation of required utilities. Utilities shall be installed in a manner that avoids unnecessary removal of trees or excessive excavations, and shall be reasonably free from physical obstructions. F. Conflicting Encumbrances. Easements shall be free from conflicting legal encumbrances. G. Vacation of Easements. Any vacation of a County road or public right-of-way shall be subject to Section 4-108, Vacation of County Road or Public Right of Way. DIVISION 4. SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS. The following standards shall apply to all Land Use Changes proposing Division of Land or exempt Subdivision not otherwise exempt from the standards set forth in this Code. SECTION 7-401. GENERAL SUBDIVISION STANDARDS. A. Preservation of Natural Features. The design and development of the Subdivision shall preserve the natural terrain, drainage, existing topsoil, and vegetation, including tree masses and large individual trees. The Development design should maintain stands of trees or other vegetative cover to reduce the effects of wind on the buildings. B. Extensions for Future Development. Extensions required for future development shall be provided. C.A. Maintenance of Common Facilities. Maintenance of common facilities must be accomplished either through covenants of a Homeowners Association, a separate maintenance agreement, or some other perpetual agreement. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-41 D.B. Domestic Animal Control. In each residential unit within the Subdivision, domestic animals shall be confined within the owner’s property boundaries and kept under control when not on the property. This requirement for domestic animal control shall be included in the protective covenants for the Subdivision, with enforcement provisions acceptable to the County. E.C. Fireplaces. Any new solid-fuel burning stove, as defined by C.R.S. § 25-7-401, et seq., as amended, shall be limited to 1 per lot within a Subdivision. Open hearth, solid-fuel fireplaces shall be prohibited. All dwelling units shall be allowed natural gas burning stoves and appliances. SECTION 7-402. SUBDIVISION LOTS. All lots in any Subdivision shall conform to the following specifications: A. Developable Lots. All Subdivisions shall result in the creation of lots which are developable and capable of being built upon in conformance with this Code. B.A. Lots Conform to Code. lot area, width, frontage, depth, shape, location, and orientation shall conform to the applicable zoning district requirements and other appropriate provisions of this Code. 1. Lot characteristics shall be appropriate for the location of the Development. 2. The lot size may be increased for Lots developed in areas posing a potential hazard to health or safety due to soil conditions or geology. 3. Lot characteristics shall be appropriate for the type of use allowed. a. Depth and width of Lots shall be adequate to provide for the required off-street parking and loading facilities required by the type of use and development contemplated. b. The width of residential corner lots shall be sufficient to accommodate the required building setback from both roads. C.B. Lots Have Access to Public Roadways. All lots shall front on and have access to a public right-of-way or approved private access easement. All points of access shall comply with applicable requirements of the County road standards. D.C. Side Lot Line Alignment. Side Lot Lines shall be substantially at right angles or radial to street right-of-way lines. E.D. Lots Configuration, Cul-de-Sacs. Wedge-shaped lots or lots fronting on cul-de-sacs shall be a minimum of 25 feet in width at the front property line. F.E. Lot Division by Boundaries, Roads, or Easements Prohibited. No lots shall be divided by County or municipal boundaries, or County roads or Public Rights-of-way.. Utility, access, or drainage easements shall not divide a lot. G.F. Nonconforming Lots Prohibited. The Division of Land shall not create nonconforming lots. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-42 H. Multiple-Unit Family Development Prohibited on Single Parcel of Land. Except for subdivided lots approved for multiple-unit family housing, no subdivided lot or Division of Land that creates a single parcel shall be occupied by more than 1 dwelling unit. SECTION 7-403. FIRE PROTECTION. A. Adequate Access Points. Subdivision fire protection plans shall be reviewed by the appropriate fire protection district to ensure that all lots have primary and secondary access points to escape fire entrapment. B. Fire Lanes. Subdivisions may be required to include fire lanes where the forested portion of a proposed Subdivision joins or parallels public forest boundaries. Such lanes shall be of sufficient width to allow the passage of tractors, trucks, and other heavy firefighting equipment, and the lanes to be cleared shall be indicated on the Preliminary Plan. Provisions for required fire lanes shall be included in the Subdivision Improvement Agreement. The width and other characteristics of required fire lanes shall be established for each proposed Subdivision by the BOCC in consultation with the appropriate fire suppression agencies and the USFS. C. Water Sources for Fire Protection. 1. Water used for fire protection purposes does not have to be potable water and may be from a source separate from the domestic supply. 1.2. The National Fire Protection Association National Fire Code and Standard 1231, Standard on Water Supplies for Suburban and Rural Fire Fighting, will be recognized as the minimum standard, provided the local fire district uses it as the standard for fire protection. 2.3. Fire fighting water sources for the proposed Subdivision shall meet the requirements of the appropriate fire protection district. 3.4. Where there is no Central Water System available, a centrally-located fire protection storage tank shall be required. The storage tank shall be designed to meet the fire protection needs of the Subdivision and approved by the appropriate fire district. D. Fire Hydrants. Fire hydrants shall be required in all Subdivisions serviced by a central Distribution System, unless a separate fire suppression system is approved by the appropriate Fire Protection Agency. 1. Hydrants shall be spaced not more than 1,000 feet apart and provided with adequate pressure, flow, and duration, and shall meet design specifications, as determined by the appropriate Fire Protection Agency. All fire hydrants shall meet the specifications for the appropriate Fire Protection Agency, particularly with regard to thread size on the fire hydrants. E. Installation by Applicant. If fire protection facilities are to be installed by the Applicant, these facilities, including all surface access roads, shall be installed and made serviceable prior to and during the time of construction. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-43 F. Maintenance. Provisions for continued maintenance of fire protection systems shall be provided.and means of enforcement by the County shall be included in the Subdivision Improvement Agreement. SECTION 7-404. SURVEY MONUMENTS. Permanent Survey Monuments shall be set within all Subdivisions pursuant to C.R.S. §§ 38-51-104 and 38-51-105, as amended. Prior to selling or advertising the sale of lots, No. 5 steel rebar, 18 inches or longer in length, shall be set at all lot corners. The registration number of the responsible land surveyor shall be fixed securely to the top of all monuments, markers, and benchmarks. A. Monuments Located Within Streets. Monuments located within streets shall be No. 5 rebar steel, 36 inches or longer in length, placed so that their tops are 6 inches below the final street surface. When a street is paved or otherwise surfaced, all such monuments within the paved or surfaced area shall be fitted with monument boxes of sturdy construction and monuments set after paving or surfacing shall also be provided with sturdy monument boxes. B. Setting by Standard Construction Techniques. All monuments, markers, and benchmarks shall be set or witnessed according to standard construction techniques and in a fashion that is satisfactory to the BOCC. SECTION 7-405. SCHOOL LAND DEDICATIONPUBLIC SITES AND OPEN SPACE. A. General.Dedication of Public Land. The BOCC shall require reservation, or dedication or payment in lieu for of public sites and Open Space for school lands. and parks that are reasonably necessary to serve the residents of the proposed Subdivision and future residents. In lieu of a dedication of sites and land areas, tThe BOCC may require payment of a sum of money not exceeding the full market value of such sites and land areas, or a combination of land dedication and payment in lieu of dedication. B. Final Plat Requirements. 1. All dedicated lands shall be designated on the final Plat and deeded to Garfield County or the appropriate agency at the time of recordation of the Final Plat. 2. Title insurance, provided by a title insurance company authorized to do business in the State of Colorado and acceptable to the BOCC, shall be required at the time of recordation of the Final Plat. 3. A certificate of representations and warranties concerning title and usability of the property, in a form acceptable to the BOCC, shall be required at the time of recordation of the Final Plat. C.B. Amount of School Public Land Dedicated. The proportion of land to be reserved or dedicated for public sites and open space shall be based upon the size, location, and characteristics of the proposed Subdivision, the current and likely future uses of the surrounding area, and the impact of the Subdivision on public services and facilities. The amount of land dedicated for public purposes shall be roughly proportionate to the impacts of the Subdivision. 1. Road Dedications. The following road dedications shall be required for development: GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-44 a. Unless specifically approved as private rights-of-way and so designated on the Final Plat, all roads, streets, alleys, or other public traffic ways located within the Subdivision and benefiting current or future residents of the Subdivision shall be dedicated as public rights-of-way.12 b. Land for rights-of-way for perimeter streets and roads shall be dedicated to the County. c. When, due to topography, hazards, or other design constraints, additional road width is necessary to provide for the public safety by cut and/or fill area, drainage area, or other road appurtenances along roadways, then dedication or right-of way in excess of the minimum standards set forth in this Code shall be required. 2. Park Dedication. The following considerations shall be applied in determining which land areas are appropriate for dedication as parks: a. The continuity of Open Space links, trails, and other major components of the recreation system. b. The suitability of proposed land dedications for park, recreation, and Open Space needs. Considerations shall include site conditions such as size, shape, topography, geology, presence and condition of ground cover and timber, condition of soil, drainage, location, access, and the availability of water to lands proposed for park and recreation uses. c. Protection of natural and historical features, scenic vistas, watersheds, air quality, timber, and Wildlife. d. Park lands intended to be used for trail rights-of way shall conform to the standards in Section 7-309, Trail and Walkway Standards. e.a. Unless otherwise provided by this Code, park land shall not be considered as part of the land set aside for open space or agricultural preservation required for PUDs, Conservation Subdivisions, and rural land development. 1. Property not in RE-1 School District. School Dedications. For all property not located in the RE-1 School District, the Applicant will pay $200 per dwelling unit to the appropriate school district, unless previous agreements have been made to pay for school impacts. 3.2. Property within RE-1 School District. For all property located in the RE-1 School District, the subdivision of land for Residential Use shall include reservation and dedication of sites and land areas for schools determined to be reasonably necessary to serve the proposed Subdivision and future residents. a. Formula for Land Dedication Standard. Land Area Provided Per Student x Students Generated Per Dwelling Unit = Land Dedication Standard. b. Land Area Provided Per Student. The district has determined that 1,776 square feet of land per student shall be provided for future school sites, based on Table 7-405. 12 Moved to 7-107 GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-45 c. Students Generated Per Dwelling Unit. The number of students generated per type of dwelling unit shall be based on the following: Single Family 0.49 Multi-Family 0.38 Manufactured Home 0.71 4.3. Land Dedication Standard. a. Application of the formula for land dedication standard results in the land dedication standards: Single Family: 870 square feet per unit, or .020 acres Multi-Family: 675 square feet per unit, or .015 acres Manufactured Home: 1,261 square feet per unit, or .029 acres b. If dedication of all or portions of the required school lands is not deemed feasible or in the public interest, the school district may recommend to the BOCC one of the following options: (1) Guarantee of future land dedication. The Applicant shall submit a letter guaranteeing future dedication of land for school sites and proposing a method of guarantee acceptable to the BOCC or the receiving agency. (2) Cash-in-lieu of lands in accordance with the provisions of Section 7-405.D., Payment In Lieu of Dedication of Public Sites. Table 7-405: Land Area Provided Per Student Reasonable Capacity Recommended Acreage1 School Type Elementary School 550 students 15.5 acres Middle School 600 students 26.0 acres High School 800 students 38.0 acres Total 1950 students 79.5 acres Average Summary Acres Per student 0.04077 acres Square Feet Per Student 1,776 square feet NOTES: 1. Based on the recommendations contained in the Guide for Planning Educational Facilities, published in 1991 by the Council of Education Facility Planners International. 5.4. Final Plat Requirements. a. All dedicated lands shall be designated on the final Plat and deeded to Garfield County or the appropriate agency at the time of recordation of the Final Plat. b. Title insurance, provided by a title insurance company authorized to do business in the State of Colorado and acceptable to the BOCC, shall be required at the time of recordation of the Final Plat. c. A certificate of representations and warranties concerning title and usability of the property, in a form acceptable to the BOCC, shall be required at the time of recordation of the Final Plat. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-46 D.C. Payment-In-Lieu of Dedication of School Land Dedication.Public Sites. Based upon recommendation from the potential receiving body, the BOCC may accept a cash payment from the Applicant in lieu of dedicated land, in whole or part. 1. Based Upon Market Value. Payment shall be based on the market value of the land, determined after completion of the platting process. 2. Not to Exceed Market Value. Payment of cash-in-lieu of dedicated land shall not exceed the current market value of the land that would have been dedicated to the County or other public entity. 3. Minimum Cash-In-Lieu. Minimum payment of cash-in-lieu shall be $500.00 for any required dedication. 4. Cash-In-Lieu Payment for Schools. Based upon the RE-1 School District’s recommendation, the BOCC can require a cash payment-in-lieu of dedicating land, or a cash payment in combination with a land dedication, to comply with the requirements for public sites and open space set forth in this Code. If a combination of land dedication and cash-in-lieu of dedication is applied, the combination of both land dedication and cash-in-lieu of land shall not exceed the full market value of the total required dedication of sites and land areas. 5. Formula for Cash-In-Lieu Payment. Unimproved Per Acre Market Value of Land x Land Dedication Standard x Number of Units= Cash-In-Lieu Payment a. Unimproved Market Value of Land. Unimproved market value of the land shall be determined by an appraisal performed within the last 6 months for the Applicant, by an individual qualified in the State of Colorado to establish the unimproved market value of the property just prior to the approval of a Final Plat. Any dispute of the market value would be based upon a separate appraisal by an individual qualified in the State of Colorado to establish the value, which shall be paid for by the school district. b. Land Dedication Standard. The land dedication standard set forth in Section 7-405.C. c. Number of Units. The number of dwelling units proposed. 6. Payments Held in Escrow. Cash payments received by the BOCC in lieu of dedicated land shall be held in an escrow account by the County for the purposes allowed by C.R.S. § 30-28-133, as amended. 7. Release of Land or Cash. After Final Plat approval and receipt of dedications, the BOCC shall give written notification to the appropriate receiving body. a. Following notice by the BOCC, the receiving body may request the dedication, and the BOCC shall transfer the lands to the appropriate receiving body. b. For a school or park site, if the receiving body determines upon completion of platting that there is no longer a need for the dedicated land, they may request that the land be sold. c. Funds may be released to the appropriate receiving body if the BOCC finds that the proposed use of funds is compatible with the intent of the cash-in-lieu payment or sale of the land. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-47 d. The County shall retain a reasonable management fee for the holding and maintenance of escrow accounts for cash-in-lieu payments, provided that the management fee does not exceed the amount of interest generated by the account. SECTION 7-406. STANDARDS FOR TRAFFIC IMPACT FEES.13 A. General Requirements. 1. Off-site road impacts shall be evaluated for Subdivisions through completion of a Traffic Study identifying the volume of traffic generated from the development, based on Trip Generation Rate calculations utilizing the most current Institute of Traffic Engineers, Trip Generation Manual, to establish an Average Daily Traffic (ADT). The road impact fee shall be determined by using the adopted Capital Improvements Plan and the associated road impact fee requirements established as a result of entering the applicable data identified in the Road Impact Fee Calculation Worksheet. 2. 50% of the road impact fees shall be collected at the Final Plat for a Subdivision, if the affected County road project is scheduled to start within 5 years in a capital improvements plan adopted by the BOCC. All other road impact fees will be collected at the issuance of a Building Permit. 3. Any road impact fees collected will be put into a separate interest-bearing account in the County Treasurer’s Office for each road that impact fees are collected. All fees collected and interest accrued must be spent on capital improvements to the specific road for which the fees were collected within 20 years of the date that the fee is established. All capital expenditures must be consistent with the capital improvements plan used as a basis for establishing the fee. If, after 20 years, the fees collected have not been spent in accordance with the capital improvements plan used to establish the fee, all fees will be returned to the land owner of the property assessed an impact fee, with interest accrued. 4. To the extent the County has expended funds consistent with a capital improvements plan for a particular road and a property owner has not paid a road impact fee as required for a Building Permit that establishes additional ADT, the impact fee shall be collected at the time a Building Permit is issued to recoup the expenditure. Any fees collected after the completion of an identified road project will be credited to the appropriate project and will be used to reimburse the County for the funds advanced to complete the project. 5. The County may use road impact fees for a specific road improvement identified as a critical facility with a high priority for health and safety reasons in a capital improvements plan adopted by the BOCC, in advance of the completion of the entire road improvement project. Any such use of funds must be consistent with the basis for the impact fee. If, after the use of road impact fees for a critical facility road improvement, the County fails to complete the entire project identified in the capital improvements plan within the 20-year period of collection, the proportionate share, with interest, will be returned to the owner of the property subject to the impact fee based on the actual amount of the expenditures made on a particular road system. 13 The CC recommended at their 8/7/2012 that Traffic Impact Fee Studys be updated and fee calculations be simplified. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-48 6. As a part of the capital improvements plan, the BOCC may determine that certain portions of the road improvements to a road are critical to complete before there are any additional traffic generating uses added to the road. If a Development is proposed before the County has scheduled to make the necessary improvements identified in the capital improvements plan, the developer may be allowed to pay the total cost of the needed improvements prior to the County’s schedule. The County will reimburse the portion of the cost that exceeds the amount that would be applicable for road impact fees, plus interest, by the time the project had originally been scheduled to be completed. If the BOCC has not established a base road cost per ADT for the area in question, the Applicant will not be obligated to provide an analysis of the off-site road impacts. B. Traffic Study Areas.14 Table 7-406 B: Traffic Study Areas Study Area Estimated Cost Level of Service Design Capacity (ADT) Cost per ADT Area 1A Totals/Fees $70,000 E 16,000 $4 Area 1 Totals/Fees $ 4,340,000 E 15,725 $276 Area 2 Totals/Fees $1,540,000 E 13,800 $112 Area 3 Totals/Fees $3,830,000 E 16,917 $226 Area 4 Totals/Fees $1,760,000 E 16,917 $104 Area 6 Totals/Fees $ 3,410,000 E 16,200 $210 Area 8A* $520,000 E 17,000 $31 Area 8B* $1,770,000 E 17,000 $104 Area 8C* $790,000 E 11,700 $68 Area 8D* $710,000 E 11,700 $61 Area 8E* $1,600,000 E 11,700 $137 Area 8F* $1,810,000 E 11,700 $155 Area 8G* $2,220,000 E 11,700 $190 Area 8* Totals $8,706,000 E Area 9 Totals/Fees $2,240,000 E 18,433 $122 Area 10 Totals/Fees $3,160,000 E 16,200 $195 Area 11 Totals/Fees $6,220,000 E 16,200 $384 C. Road Impact Fee Calculation Worksheet Instructions. Line 1: Note the name for the project or fee payer and the type of land use. Line 2: Enter the road cost at the point of service. The road cost will be based on a capital improvements plan adopted by the BOCC. 14 Worksheet, instructions and map should be moved into the “users manual” or similar document. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-49 Line 3: Enter the road capacity (expressed in ADTs at the point of service). This may be determined by the Special Report 209, Highway Capacity Manual (1994, Transportation Research Board). Line 4: Calculate the base road cost per ADT at the point of service by dividing Line 2 by Line 3. Line 5: Determine the ADT per land use from the ITE Trip Generation Manual or another credible source accepted by the BOCC. Line 6: Calculate the Base Traffic Impact Fee for the type of land use by multiplying Line 5 by Line 4. Calculate Tax Credits as follows: Line 7: Enter the equivalent of 80% of the Road and Bridge property tax mill levy for the type of land use. Line 8: Enter the County Discount Rate (the rate of return the County receives from its investments). Line 9: Enter the Road Design Life (in years). Line 10: Enter the Present Worth Factor (PWF). The PWF for various combinations of Term and Discount Rates is found in the County workbook. Line 11: Calculate the Net Present Value of the tax credit by multiplying Line 7 by Line 10. Line 12: Calculate the UNADJUSTED ROAD IMPACT FEE by subtracting Line 11from Line 6. Calculate the INFLATION ADJUSTMENT as follows: Line 13: Enter Denver-Boulder Consumer Price Index (CPI) for the year the road cost estimate was prepared or the year the cost estimate is based. Line 14: Enter the CPI for the year the impact fee is collected. If the current CPI is not available, use the average rate of change for the last 3 years to derive the current year index. Line 15: Calculate the Inflation Factor by dividing Line 14 by Line 13. Line 16: Calculate the PRE-CONSTRUCTION INFLATION ADJUSTMENT IMPACT FEE by multiplying Line 12 by Line 15. Note: this adjustment is not necessary if the construction cost estimate is determined the same year as the fee is collected. Calculate the POST-CONSTRUCTION ADJUSTED IMPACT FEE as follows: Line 17: Enter the County’s Discount or Investment Rate. If the road construction was financed, derive the financed rate from the debt repayment schedule GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-50 prepared for the financing and substitute the derived rate for the Discount Rate. Line 18: Enter the number of years since the road was constructed. Line 19: Enter the Compound Interest Multiplier from the County’s Workbook. In the case of debt financing, enter the imputed multiplier from the debt service schedule prepared for the finance instrument. Line 20: Calculate the POST-CONSTRUCTION ADJUSTED IMPACT FEE by multiplying Line 12 by Line 19. D. Road Impact Fee Calculation Worksheet Example. Table 7-406 D: Road Impact Fee Calculation Sheet Example No. BASE INFORMATION Traffic Impact Study Area 8D Date Prepared 2/16/2010 1 Project/Land Use (Number of Total Dwelling Units, Including ADUs) 27 2 Base Road Cost $3,790,000 3 Road Capacity in ADT 14,350 4 Road Cost Per ADT $264.11 5 ADT Per Land Use 9.57 6 Base Road Impact Fees Per Land Use $2,527.55 TAX CREDITS 7 80% of Annual R & B Property Tax Per Land Use $28.16 8 County Discount Rate 4.78% 9 Road Design Life (Years) 12 10 Present Worth Factor 8.98 11 Property Tax Credit $252.79 12 UNADJUSTED ROAD IMPACT FEE $2,274.76 [Base Road Impact Fee ‐Property Tax Credit] INFLATION ADJUSTMENT 13 Denver‐Boulder CPI Year of Cost Estimate 158.5 14 Denver‐Boulder CPI Year of Impact Fee Calc. 191.9 15 Inflation Factor 1.2107 [CPI for Collection Year/CPI of Year of Cost Estimate] 16 PRE‐CONSTRUCTION INFLATION ADJUSTED ROAD IMPACT FEE $2,754.11 POST‐CONSTRUCTION COST ADJUSTMENT 17 County Discount Rate 4.78% 18 Term (Years since Construction) 0 19 Compound Interest Multiplier 1.0000 20 POST‐CONSTRUCTION ADJUSTED ROAD IMPACT FEE TOTAL FEE BREAKDOWN TOTAL FEE FOR TOTAL NUMBER OF DWELLING UNITS $74,360.98 1/2 OF FEE TO BE PAID AT FINAL PLAT $37,180.49 IMPACT FEE TO BE COLLECTED WITH EACH BUILDING PERMIT $1,377.06 GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-51 E. Map of Traffic Study Areas. Figure 7-406 E: Map of Traffic Study Areas DIVISION 5. STANDARDS APPLICABLE TO CONSERVATION SUBDIVISION. SECTION 7-501. DESIGN STANDARDS FOR CONSERVATION SUBDIVISIONS. A. Density. For the purposes of this Code, densities proposed in either the density-neutral development plan or the increased density development plan shall be determined by the maximum of lots that can practicably be created within the confines of the minimum lot size of the underlying zone district for a particular parcel of land as demonstrated in the Yield Plan. 1. Density Neutral Development Plan (DNDP). The DNDP allows a development plan to propose the same maximum number of lots allowed in the underlying zone district for a parcel as defined in a Yield Plan except that the plan may reduce the lot size for individual lots below the minimum lot size contemplated in the underlying zone district. All setbacks for the underlying zone district shall be maintained for all proposed lots. This allows for the density established in the Yield Plan to be transferred in the form of smaller lots to a portion of the same parcel leaving the remainder of the parcel as Open Space. There are no bonus lots sought in this option. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-52 Figure 7-501: This illustration provides an example of a DNDP where the lots achieved in the Yield Plan on the left have been reduced in size and clustered into pods in the plan on the right. There is no net increase in density. 2. Increased Density Development Plan (IDDP). The IDDP allows a development plan to propose an increase in the number of residential lots as contemplated in the underlying zoning district (determined in a Yield Plan), as well as reducing the minimum lot size from what is currently allowed in the underlying zone district. All setbacks for the underlying zone district shall be maintained for all proposed lots. Any increase in density (also referred to as bonus lots) is a function of the percentage of open space proposed in a development plan. More specifically, as the amount of proposed Open Space increases, so does the percentage of bonus lots awarded. The percentage of Open Space proposed in a development plan is multiplied 0.25, which results in the percentage increase in the number of lots configured in the Yield Plan. The calculation is figured in the following way: Table 1.0 % of Open Space (.25) = % Increase x Lots in Yield Plan = # Bonus Lots + Lots in Yield Plan = Total Lots Available For example, if a Yield Plan indicates a total of 38 lots are possible on a parcel and a developer proposes to convert 40% of the parcel into Open Space, the conversion calculation will show that 25% of that percentage is 10%, which represents a 10% increase in the number of lots (38) attainable in the Yield Plan for a total of 41.8 lots or 3.8 bonus lots as shown in Table 2.0. For bonus lots that result in a fraction, they are to be rounded such that if a number is 5.5, it will be rounded up to 6. If the number is 5.49, it will be rounded down to 5. Table 2.0 (40%).25 = 0.1 x 38 = 3.8 + 38 = 41.8 3. Residential Lot Design. The proposed lot layout shall locate the proposed residential lots such that they are clustered together in specific areas of the parcel. There may be more than 1 separate pod of clustered lots located throughout the parcel. A design that provides for a majority of lots being directly adjacent to Open Space is encouraged. Not all residential lots can contain site constraints identified in the land suitability analysis such as steep Slopes, Wetlands, etc. While there is no minimum lot size requirement, all lots shall show the proposed Lot Area and setbacks on each lot. 4. Infrastructure and Project Location. a. All Conservation Subdivision proposals, regardless of lot size, containing 15 or more dwelling units shall be required to provide central water and sewer regardless of their location. b. All Conservation Subdivision designs that propose lots less than 2 acres but greater than 1 acre in size and utilize ISDS, shall be required to provide a Central Water System. ISDS leach fields GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-53 and well systems may be located in land designated as Open Space. Such proposals may be located anywhere in unincorporated Garfield County. c. Plans that propose lots that are 1 acre or smaller in size shall only be allowed within the urban growth areas of the municipalities in unincorporated Garfield County or in Special District service areas where the Development can be served by their central water and sewage facilities. B. Unbuildable Areas Due to Site Constraints. None of the residential lots shall contain areas identified to be unbuildable as a result of the following development constraints: 1. Land within the “Floodway” of the mapped 100-year Floodplain and that is 35 feet from the “high water mark” of a live stream; 2. Land under “high water mark” of a Waterbody such, as lakes, creeks, and rivers; 3. Land on Slopes steeper than 30%; 4. Land that has unsuitable soils as defined by the USDA National Resource Conservation Service (NRCS); 5. Land located in a jurisdictional Wetland as defined by the US Army Corps of Engineers (USACE); and 6. Land encumbered by any private or public road or ditch right-of-way or easement. C.B. Open Space Plan Standards. Open Space shall be defined as a parcel of land, an area of water, or a combination of land and water within a Development designed and intended primarily for the use or enjoyment of residents, occupants, and owners within that Development. For purposes of this regulation, Open Space may include areas of land and water which exist in a natural undeveloped state and are intended to preserve natural areas, environmentally sensitive resources, and existing Wildlife Habitat. Land identified in the land suitability analysis shall only be included in Open Space and not within individual residential lots. In designing a Conservation Subdivision, the Open Space plan shall address the following criteria: 1. Internal Contiguity. All proposed Open Space within a Development is intended to be designed as large contiguous tracts where small “islands” of Open Space are discouraged. 2. Connection With External Adjacent Open Space. All proposed Open Space within the Development is intended to be designed such that it connects to available existing Open Space on neighboring properties or tracts of public lands in order to create larger regional tracts of contiguous Open Space. 3. Wildlife/Environmenta l Value. All proposed Open Space areas within a Development, unless otherwise designated, shall be designed to protect and not detract from existing Wildlife Habitat and natural features of the land, such as steep Slopes, riparian areas, jurisdictional Wetlands, regulated Floodplains, steam courses, and lakes. 4. Aesthetic Value. All proposed Open Space areas within a Development should, to the extent practical, preserve the historic rural character of the parcel which includes preserving existing natural land features that buffer GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-54 the property from adjacent Developments and external roads, ridgelines, and any designated view sheds. 5. Recreation Value. Portions of proposed Open Space may be improved to support passive and active Recreation Uses such as summer/winter use trail systems, tot lots, community greens, ball fields, etc.., where no more than 25% of the Open Space is designated for these uses. 6. Agricultural Value. Regarding Agricultural Land, 100% of designated Open Space may be used for certain Agricultural Uses including grazing, irrigated pasture land, and cultivated dryland crop farming in tracts of land that are intended to perform as viable agricultural units. 7. Uses Prohibited in Open Space. The following areas shall not be considered or credited as Open Space for the purposes of this regulation: a. Residential yards within the boundaries of a lot. b. Proposed permanent lakes. No more than 50% of the area of a permanent lake may be credited. c. Impervious surfaces in recreation areas shall not be credited. d.b. Conversion to other residential lots or use. DIVISION 6. STANDARDS FOR OVERLAY DISTRICTS. SECTION 7-601. FLOODPLAIN OVERLAY. The following standards shall apply to all Land Use Changes within the Floodplain Overlay, including Division of Land, subject to permit review by this Code. A. Water Supply Systems. New and replacement water supply systems within Floodplain Overlay Areas shall be designed to minimize or eliminate infiltration of flood waters into the systems. B. Sanitary Sewage Systems. New and replacement sanitary sewage systems within Floodplain Overlay Areas shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. On-site sanitary waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. C. Minimize Flood Damage. All New Construction and improvements shall be constructed by recommended methods and practices that minimize flood damage, and using materials and utility equipment resistant to flood damage. D. Cumulative Effect. The cumulative effect of any proposed Development, when combined with all other existing and anticipated Development, shall not increase the water surface elevation of the Base Flood more than 1 foot at any point. E. No Danger to Public. The proposed Development shall not cause danger to persons upstream, downstream, and in the immediate vicinity. F. No Change in Flood-Carrying Capacity. Maintenance is provided within the altered or relocated portion of a watercourse so that the flood-carrying capacity is not diminished. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-55 G. General Standards. In all Areas of Special Flood Hazards, the following provisions are required for all New Construction and Substantial Improvements: 1. All New Construction or Substantial Improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. 2. All New Construction or Substantial Improvements shall be constructed by methods and practices that minimize flood damage. 3. All New Construction or Substantial Improvements shall be constructed with materials resistant to flood damage. 4. All New Construction or Substantial Improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment, and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 5. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. 6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters. 7. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 8.5. When a regulatory Floodway has not been designated, the Floodplain Administrator must require that no New Construction, Substantial Improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community’s FIRM, unless it is demonstrated that the cumulative effect of the proposed Development, when combined with all other existing and anticipated Development, will not increase the water surface elevation of the Base Flood more than 1 foot at any point within the community. 9.6. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1-30, AE, AH, on the community’s FIRM that increases the water surface elevation of the Base Flood by more than 1 foot, provided that the community first applies for a conditional FIRM revision through FEMA Conditional Letter of Map Revision. H. Specific Standards. In all Areas of Special Flood Hazards where Base Flood elevation data has been provided, the following provisions are required: 1. Residential Construction. New Construction and Substantial Improvement of any residential structure shall have the Lowest Floor (including basement), elevated to 1 foot above the Base Flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator. 2. Nonresidential Construction. New Construction and Substantial Improvements of any commercial, industrial, or other nonresidential structure shall either have the Lowest Floor (including basement) elevated to or above the Base Flood level or together with attendant utility GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-56 and sanitary facilities, be designed so that below the Base Flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification that includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. 3. Enclosures. New Construction and Substantial Improvements, with fully enclosed areas below the Lowest Floor that are usable solely for parking of vehicles, building access, or storage in an area other than a basement, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect and meet or exceed the following minimum criteria: a. Provide a minimum of 2 openings having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding; b. The bottom of all openings shall be no higher than 1 foot above grade; and c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 4. Manufactured Homes. a. Require that all Manufactured Homes to be placed within Zone A on a community’s FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, Manufactured Homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. b. Require that Manufactured Homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community’s FIRM on sites: (1) Outside of a Manufactured Home Park or Subdivision; (2) In a new Manufactured Home Park or Subdivision; (3) In an Expansion to an Existing Manufactured Home Park or Subdivision; or (4) In an Existing Manufactured Home Park or Subdivision on which a Manufactured Home has incurred “Substantial Damage” as a result of a flood, be elevated on a permanent foundation such that the Lowest Floor of the Manufactured Home is elevated to or above the Base Flood elevation and be securely anchored to an GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-57 adequately anchored foundation system to resist flotation, collapse, and lateral movement. c. Require that Manufactured Homes be placed or substantially improved on sites in an Existing Manufactured Home Park or Subdivision with Zones A1-30, AH and AE on the community’s FIRM that are not subject to the provisions of paragraph (4) of this Section be elevated so that either: (1) The Lowest Floor of the Manufactured Home is 1 foot above or above the Base Flood elevation; or (2) The Manufactured Home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. 5. Recreational Vehicle. Require that Recreational Vehicles placed on sites within Zones A1-30, AH, and AE on the community’s FIRM either: a. Be on the site for fewer than 180 consecutive days; b. Be fully licensed and ready for highway use; or c. Meet the permit requirements of this Code and the elevation and anchoring requirements for “Manufactured Homes” in paragraph 4 of this Section. A Recreational Vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect-type utilities and security devices, and has no permanently attached additions. I. Standards for Subdivision Proposals. 1. All Subdivision proposals including the placement of Manufactured Home Parks and Subdivisions shall be consistent with the requirements of this Code. 2. Base Flood elevation data shall be generated for Subdivision proposals and other proposed development including the placement of Manufactured Home Parks and Subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to this Code. 3. All Subdivision proposals, including the placement of Manufactured Home Parks and Subdivisions, shall have adequate drainage provided to reduce exposure to flood hazards. 4. All Subdivision proposals, including the placement of Manufactured Home Parks and Subdivisions, shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage. J. Floodway. Floodways located within Areas of Special Flood Hazard are areas designated as Floodways. Since the Floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions shall apply: 1. Encroachments are prohibited, including fill, New Construction, Substantial Improvements, and other Development within the adopted GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-58 regulatory Floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the Base Flood discharge; 2. All New Construction and Substantial Improvements shall comply with all applicable flood hazard reduction provisions this Code; and 3. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Regulations, a community may permit encroachments within the adopted regulatory Floodway that would result in an increase in Base Flood elevations, provided that the community first applies for a conditional FIRM and Floodway revision through FEMA. K. Standards for Areas of Shallow Flooding. Areas designated as shallow flooding are located within the Areas of Special Flood Hazard established in Section 3-401. These areas have special flood hazards associated with Base Flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: 1. All New Construction and Substantial Improvements of residential structures have the Lowest Floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community’s FIRM (at least 2 feet if no depth number is specified). 2. All New Construction and Substantial Improvements of nonresidential structures: a. Shall have the Lowest Floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community’s FIRM (at least 2 feet if no depth number is specified); or b. Together with attendant utility and sanitary facilities, be designed so that below the Base Flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. 3. A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Code are satisfied. 4. Require within Zones AH or AO adequate drainage paths around structures on Slopes, to guide flood waters around and away from proposed structures. SECTION 7-602. DRINKING WATER CONSTRAINTS OVERLAY. Any proposed use that includes the human consumption of ground water shall be served by an approved Central Water System as defined by the CDPHE Drinking Water Standards, or from a groundwater source on the property that is treated by a reverse osmosis water treatment system that meets the water quality standards set forth under the criteria cited in C.R.S. § 25-8-204(1) and (2), as amended. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-59 SECTION 7-603. AIRPORT/HELIPORT INFLUENCE AREA OVERLAY. A. Avigation and Hazard Easement. An avigation and hazard easement allowing unobstructed passage for aircraft and ensuring safety and use of the airport for the public shall be provided and dedicated to the Airport Sponsor. 1. Recording. The avigation and hazard easement shall be recorded in the office of the County Clerk and Recorder. 2. Applicant shall provide a copy of the recorded instrument prior to issuance of a Building Permit. B. Declaration of Anticipated Noise Levels. 1. A declaration of anticipated noise levels shall be provided for any proposed Land Use Change, including division of land, or Building Permit application for property located within Noise Impact Boundary. 2. In areas where the noise level is anticipated to be at or above 55 Ldn, for construction of a noise sensitive land use such as hotel/motel, school, church, hospital, public library, or similar use, the Applicant shall be required to demonstrate that a noise abatement strategy will be incorporated into the building design that will achieve an indoor noise level equal to or less than 55 Ldn. C. Communications Facilities and Electrical Interference. No use shall cause or create electrical interference with navigational signals or radio communications between an airport/heliport and aircraft. 1. Location of new or expanded radio, radiotelephone, and television transmission facilities and electrical transmission lines within the Airport/Heliport Influence Area Overlay shall be coordinated with the BOCC and the FAA prior to approval. 2. The approval of cellular and other telephone or radio communication towers on leased property located within Airport Imaginary Surfaces shall be conditioned upon their removal within 90 days following the expiration of the lease agreement. A bond or other security shall be required to ensure this requirement. D. Outdoor Lighting. Lighting other than that associated with airport/heliport operations shall comply with the following standards. 1. Lighting shall not project directly onto an existing heliport, runway or taxiway or into existing Airport Approach Surfaces. 2. Lighting shall incorporate shielding to reflect light away from Airport Approach Surfaces. 3. Lighting shall not imitate airport lighting or impede the ability of pilots to distinguish between airport/heliport lighting and other lighting. E. Use of Reflective Materials Prohibited. No glare-producing material including, but not limited to, unpainted metal or reflective glass, shall be used on the exterior of structures located within an Airport Approach Surface or on nearby lands where glare could impede a pilot's vision. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-60 F. Industrial Emissions That Obscure Visibility Prohibited. No Development shall, as part of its regular operations, cause emissions of smoke, dust, or steam that could obscure visibility within Airport Approach Surfaces. The BOCC shall impose conditions determined to be necessary to ensure that the use does not obscure visibility. G. Height Restrictions. All uses permitted by the underlying zone shall comply with the height limitations in this Section. When height restrictions of the underlying zone district are more restrictive than those of the Overlay District, the underlying zone district height limitations shall control. H. Penetration of Development into Imaginary Surface Area. No structure or tree, plant, or other object of natural growth shall penetrate an Airport Imaginary Surface, except as follows: 1. Structures up to 35 feet in height may be permitted in areas within Airport/Heliport Imaginary Surfaces, except those outside the Approach and Transitional Surfaces where the terrain is at higher elevations than the airport runway/heliport surfaces such that existing structures and permitted development penetrate or would penetrate the Airport Imaginary Surface. 2. Written agreement by the Airport Sponsor and the FAA shall be provided for other height exceptions requested. I. Wetland Construction, Enhancement, Restoration, or Mitigation. Wetland construction, enhancement, restoration, or mitigation projects within the Overlay District shall be shall comply with the following standards. 1. Wetland projects shall be designed and located to avoid creating a Wildlife hazard or increasing hazardous movements of birds across runways or Approach Surfaces; and 2. Wetlands projects that create, expand, enhance, or restore Wetlands that are proposed to be located within the Overlay District and that would result in the creation of a new Water Impoundment or expansion of an existing Water Impoundment, shall demonstrate all of the following: a. Off-site mitigation is not practicable; b. The Wetland project involves existing Wetland areas regulated under the overlay district that have not been associated with attracting problematic wildlife to the airport/heliport vicinity; c. The affected Wetlands provide unique ecological functions, such as critical habitat for threatened or endangered species or ground water discharge; d. The resulting Wetlands are designed, and shall be maintained in perpetuity in a manner that will not increase hazardous movements of birds feeding, watering, or roosting in areas across runways or Approach Surfaces; and e. The proposed Wetland project shall be coordinated with the Airport Sponsor, the BOCC, the FAA and FAA's Technical Representative, the Colorado Parks and Wildlife, the U.S. Fish and Wildlife Service, and the U.S. Army Corps of Engineers as part of the permit application. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-61 DIVISION 7. ADDITIONAL STANDARDS FOR AGRICULTURAL AND ANIMAL-RELATED USES. SECTION 7-701. AGRICULTURE. All Agricultural Uses are required to comply with the minimum lot size requirement for the Rural Zone District. SECTION 7-701. ANIMAL SANCTUARY. A. Minimum Facility Acreage. All facilities shall have a minimum of 35 acres of land and animals shall be contained on the property.. B. Noise. No noise shall emanate from the property boundary in excess of the Residential Zone District standards contained in C.R.S. § 25-12-103, as amended, except as permitted by C.R.S. § 25-12-103(2) and (3), as amended. C. Facility Size. A facility may have in excess of 40 domesticated animals, including dogs and cats, provided all animals are contained on the property. D.C. Individual Sewage Disposal System Required. Individual Sewage Disposal System shall be capable of handling all feces and urine waste from kennel or building in which animals are kept, or the feces and urine waste shall be stored in a sealed container capable of being pumped for disposal by a commercial hauler to dispose of the feces and urine waste at an approved Solid Waste Disposal Site. E.D. Drainage Impacts. Any fenced corrals or pastures for keeping animals will be required to demonstrate that no drainage will affect off-site water supplies or water quality. F. Special Events. Special events that attract more than 25 participants shall be prohibited on-site unless the proposed special events are well defined as a part of the permitting process and approved as a part of the original permit. SECTION 7-702. KENNELS. These standards apply to both Small and Large Kennels. A. Enclosed Building and Noise Prevention. All Kennels shall be completely enclosed within a building, however a Kennel may have dogs outdoors if the noise from the Kennel does not exceed the noise standards pursuant to Section 7-703.B. and complies with other Garfield County regulations as provided. B. Noise. No noise shall emanate from the property boundary in excess of the Residential Zone District standards contained in C.R.S. § 25-12-103, as amended, except as permitted by C.R.S. § 25-12-103(2) and (3), as amended. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-62 C. Waste and Sewage Disposal System. 1. Individual Sewage Disposal System shall be capable of handling all feces and urine waste from the Kennel, or the feces and urine waste shall be stored in a sealed container capable of being pumped for disposal by a commercial hauler to dispose of the feces and urine waste at an approved Solid Waste Disposal Site. 2. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. § 30-20-100.5, as amended, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 3. No permanent disposal of any waste shall be permitted on site. This does not include those wastes specifically excluded from the definition of Solid Waste in C.R.S. § 30-20-100.5, as amended. 4. Animal and food wastes, bedding, debris, and other organic wastes shall be disposed so that vermin infestation, odors, disease hazards, and nuisances are minimized. Such wastes shall be removed at least weekly, or more frequently, from the facility and hauled by a commercial hauler to an approved Solid Waste Disposal Site. D. Special Events. Special events that attract more than 25 participants shall be prohibited on-site unless the proposed special events are well defined as a part of the permitting process and approved as a part of the original permit. E.D. State Licensing Required. All approved Kennels shall be required to provide the BOCC with a copy of the license issued by the State Department of Agriculture as a requirement for Kennels and breeders in the County. SECTION 7-704. RIDING STABLES These additional standards apply to both commercial and private stables. A. Location of Riding Activity. All riding activity shall be on site, except that riding activities may be off site on other private property, on a public right-of-way, or property subject to public land management by written permission or agreement. B. Building Code Compliance. Indoor arenas shall comply with requirements of this Code and the Building Code. C. Commercial Riding Stables Commercial Riding Stables shall also meet the following standards: 1. Permitted structures associated with a commercial stable must be greater than 200 feet from a property line. 2. On-site parking is required. 3. Odor and dust shall not constitute a hazard to adjacent properties. 4. No noise shall emanate from the property boundary in excess of the Residential Zone District standards contained in C.R.S. § 25-12-103, as amended, except as permitted by C.R.S. § 25-12-103(2) and (3), as amended. Drainage patterns must be contained to historic flows. 5. Outdoor lighting must be positioned inward and downward. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-63 6. Amplified sound shall be limited to daylight hours. SECTION 7-703. VETERINARY CLINIC. No noise shall emanate from the property boundary in excess of the Residential Zone District standards contained in C.R.S. § 25-12-103, as amended, except as permitted by C.R.S. § 25-12-103(2) and (3), as amended. DIVISION 8. ADDITIONAL STANDARDS FOR RESIDENTIAL USES. SECTION 7-801. MANUFACTURED HOME PARK A. Site Selection Criteria. 1. Topography. The topography of the proposed site shall be free from Natural Hazards and subject to ready access and ease of maintenance. 2. Hazards. The Manufactured Home Park shall not be sited in areas subject to flooding, fire, or other Natural Hazards, nor shall they be located in proximity to chronic nuisances such as noise, smoke fumes, or odors. B. Park Layout. The layout of Manufactured Home Spaces shall follow variations in natural terrain and preserve unique natural features of the site, such as tree stands, water courses, and rock outcrops, to the extent practicable and feasible. 1. Flat Sites. Where sites are flat and have few distinguishing features, a curvilinear or clustered pattern for the Manufactured Home Spaces are encouraged. 2. Open Spaces. Interspersing Open Spaces is encouraged. C. Utilities. 1. Utility Hookups. Each Manufactured Home Space shall be provided with adequate hookups to water, sewage disposal, electric power, telephone, and fuel supplies. 2. Utility Lines Underground. All utility lines, including service lines, shall be underground. D. Water Supply and Distribution. Comply with Standards. A domestic water supply and distribution system that is in compliance with the drinking water standards of the CDPHE shall be provided with a water supply adequate to serve the Manufactured Home Park. The determination of adequacy of the water supply shall be based on a report submitted by the Applicant prepared by a certified professional engineer. Where a public supply of water of satisfactory quantity, quality, and pressure is available, connection shall be made thereto and it shall be the exclusive supply used. 1. Located to Avoid Contamination. Every well or suction line of the water supply system shall be located and constructed in such a manner that neither underground nor surface contamination will reach the water supply from any source. 2. Treatment. The treatment of a private water supply shall be in accordance with applicable State and local laws and regulations. 3. Minimum Supply. The water source shall be capable of supplying a minimum of 450 gallons per day per Manufactured Home. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-64 4. Connection. The water supply system shall be connected by pipes to all Manufactured Homes, buildings, and other facilities requiring water. 5. Equipment. All water piping, fixtures, and other equipment shall be constructed and maintained in accordance with State and local regulations and requirements and shall be of a type and in locations approved by the CDPHE. 6. Pressure. The system shall be so designed and maintained as to provide a pressure of not less than 20 psi or more than 80 psi, under normal operating conditions, at service buildings and other locations requiring potable water supply. 7. Minimum Horizontal Separation. A minimum horizontal separation of 10 feet shall be maintained between all domestic water lines and sewer lines. 8. Underground Valves. Underground stop and waste valves shall not be installed on any water service. 9. Water-riser Pipes. Water-riser pipes shall extend a minimum of 4 inches above ground elevation unless recessed in a box or sleeve. The pipe shall be a minimum of 3/4 inch. The water outlet shall be capped when a Manufactured Home does not occupy the lot. 10. Prevent Freezing. Adequate provisions shall be made to prevent freezing of main service lines, valves, and riser pipes and to protect risers from heaving and thawing actions of the ground during freezing weather. Surface drainage shall be diverted from the location of the riser pipe. 11. Shutoff Valve. A shutoff valve below the frost line shall be provided near the water-riser pipe on each Manufactured Home Space. E. Sewage Disposal. Adequate System Required. An adequate sewage system , that complies with CDPHE Standandards, shall be provided in each Manufactured Home Park for the purpose of conveying and disposing of all sewage. Such system shall be designed, constructed, and maintained in accordance with State and local laws. 1. Sewer Lines. All sewer lines shall be located in trenches of sufficient depth to be free of breakage from traffic or other movements and shall maintain a minimum horizontal separation of 10 feet from all domestic water lines. Sewers shall be at a grade that will insure a velocity of 2 feet per second when flowing full. All sewer lines shall be constructed of materials that comply with State or local laws and shall meet the CDPHE design criteria. 2. Sewage Treatment and/or Discharge. Where the sewer lines of the park are not connected to a public sewer, all proposed sewage disposal facilities shall be approved by the CDPHE prior to construction. Effluents from Sewage Treatment Facilities shall not be discharged into any waters of the State, except with prior approval of the CDPHE. 3. Sewer-riser Pipe. Each Manufactured Home stand shall be provided with a minimum 4-inch diameter sewer-riser pipe. The sewer-riser pipe shall be so located on each stand that the sewer connection to the Manufactured Home system outlet will approximate a vertical position. a. Minimum dimensions. The sewer connection shall have a nominal inside diameter of a minimum of 3 inches and the slope of any portion thereof shall be a minimum of 1/8 inch per foot. The sewer GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-65 connection shall consist of 1 pipe line only, with no more than 1 stand served by 1 individual sewer connection. Underground branch fittings of 4-inch lines shall not be permitted. All joints shall be watertight. b. Materials. All materials used for sewer connections shall be rigid or semi-rigid, corrosive resistant, nonabsorbent and durable. The inner surface shall be smooth. c. Plugging. Provisions shall be made for plugging the sewer-riser pipe when a Manufactured Home does not occupy the lot. The rim of the riser pipe shall extend a minimum of 4 inches above ground elevation, unless such riser pipe is protected within a recessed box or sleeve. F. Electrical Distribution and Communication Wiring. 1. Distribution System. The Manufactured Home Park shall contain an electrical Distribution System to each lot or site, consisting of wiring, fixtures, equipment, and appurtenances thereto, which shall be installed and maintained in accordance with State and County regulations. Telephone and cable television systems may be installed and maintained. 2. Approval by utility. All plans for the above services shall have the approval of the responsible utility prior to County approval of Manufactured Home Park plans. G. Foundation and Anchors. 1. Adequate foundation for placement and anchoring. Each Manufactured Home space shall be improved to include a permanent, engineered foundation adequate for the placement and anchoring of a Manufactured Home in compliance with the Building Code. 2. Foundation approval prior to delivery of Manufactured Home. The foundation shall be constructed and approved by the Building Official prior to delivery of the Manufactured Home to the site. H. Landscaping. 1. Responsibility for installation and maintenance. The operator/owner shall be responsible for installation and maintenance of landscaping in the park in accordance with the County-approved Landscape Plan. 2. Screening or buffering. Additional landscaping may be required to provide screening or buffering and to soften the visual appearance of a Manufactured Home Park. I. Outdoor Storage. Outdoor storage in Manufactured Home Parks shall comply with the requirements set forth in Section 7-1104, Storage Areas and Facilities. J. Certification of Manufactured Homes. All Manufactured Homes placed in or relocated to a Manufactured Home Park after adoption of this Code shall meet the following certification requirements: 1. The Manufactured Home shall have certification pursuant to the “National Manufactured Housing Construction and Safety Standards Act of 1974” (42 U.S.C. 5401, et seq., as amended). GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-66 2. Manufactured Homes first occupied in the County after January 1, 1973, shall have affixed a data plate and heating certificate stating compliance with the following standards: a. The home is designed to comply with Federal mobile or Manufactured Home construction and safety standards in force at the time of manufacture; b. The home is designed for Colorado structural and wind zone requirements; c. The home is designed for Colorado outdoor winter design temperature zones; and d. The heating equipment installed in the home has capacity to maintain an average 70° F temperature inside the home with an outdoor temperature of -20° F. K. Fire Protection. Fire protection requirements shall be in accordance with National Fire Protection Association the standards and requirements of the applicable fire district. L. Maintenance of Individual Spaces. Manufactured Home Park residents shall be responsible for keeping their individual spaces free from debris and refuse, and shall keep landscaping trimmed, mowed, and in thriving condition. M. Pet Control. The owners or managers of a Manufactured Home Park, or the owners or persons in charge of any dog, cat, or other pet animal shall keep such animal on a leash, not exceeding 10 feet, or shall confine such animals within the unit space or designated areas within the park, and shall not permit such animal to commit any nuisance. Animals are restricted to household pets only. N. Refuse Handling. The storage, collection, and disposal of refuse in a Manufactured Home Park shall be so arranged as not to create health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. All refuse shall be disposed of at either a municipal or County designated landfill site, at a minimum of once per week. O. Pest Control. Grounds, buildings, and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the County and the CDPHE. P. Supervision. The duly authorized attendant or caretaker shall be in charge at all times to keep the park, its facilities and equipment in a clean, orderly, and sanitary condition. SECTION 7-802. GROUP HOME FACILITIES. A. Required Permits. All applicable Federal, State, and local permits shall be obtained and maintained. B. Location Restrictions. 1. Location shall not create a concentration of group homes in a neighborhood. A Group Home Facility shall not be located within 300 feet GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-67 of another Group Home Facility. The County may permit 2 such facilities to be located closer than 300 feet apart if they are separated by a physical barrier such as an arterial collector, a commercial district, or a topographic feature. 2. Health, Safety, and Welfare of the Community. The location and operation of the Group Home Facility does not constitute a direct threat to the health, safety, or welfare of the community. C. Overnight Shelter. 1. On-Site Staffing. No facility shall be open for use by clients unless there is staff on site to supervise and oversee the clients. 2. Waiting Areas. No person shall allow or permit clients of a facility to queue or otherwise wait for the facility to open or to otherwise be admitted into the facility in the public right-of-way. The facility shall provide an indoor or outdoor waiting area in a size adequate to prevent the anticipated number of clients from queuing into or otherwise waiting in the public right-of-way. D. Short-Term Care Facility. 1. Maximum Occupancy. For short-term care facilities that operate with sleeping rooms or with open-air dormitory-type sleeping areas, the following occupancy standards shall apply: a. Residential Districts. For a Residential Zoning District, the maximum number of residents of the facility shall not exceed 6 persons for each dwelling unit. b. Commercial Districts. For a Commercial Zoning District, the maximum number of residents of the facility shall not exceed 6 persons for each dwelling unit. Up to 2 additional persons per dwelling unit equivalents may be permitted if the property is not adjacent to a Residential Zoning District. c. Industrial Districts. For an Industrial Zoning District, the maximum number of residents of the facility shall not exceed 6 persons for each 1,600 square feet of Lot Area on the site. Up to 2 additional persons for each 1,600 square feet of Lot Area on the site may be permitted if the property is not adjacent to a Residential Zoning District. 2. Calculating Occupancy. The maximum occupancy for a facility shall include the occupants of the facility in addition to the occupants of overnight shelter uses and Transitional Housing uses that are also located on the property. E. Transitional Housing. The maximum number of dwelling units for Transitional Housing shall be the same as is permitted within the underlying zoning district. For an Industrial zoning district, the number of dwelling units permitted shall not exceed 1 dwelling unit for each 1,600 square feet of Lot Area on the site. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-68 DIVISION 9. ADDITIONAL STANDARDS FOR PUBLIC/INSTITUTIONAL USES. SECTION 7-901. AIRCRAFT LANDING STRIP OR HELISTOP, PRIVATELY OWNED. A. Restricted Use. Privately-owned landing strips and helistops shall be restricted to use by aircraft and helicopters belonging to the owner(s) and their invitees. B. Maximum Accommodation. No more than 5 fixed-or rotary-wing aircraft shall be accommodated at each such facility at any 1 time. C. Refueling or Maintenance. Refueling or maintenance of Transient Aircraft shall be prohibited unless essential to permit the aircraft to fly to the nearest airport or heliport or as a part of a fire emergency. SECTION 7-902. AIRPORTS AND HELIPORTS. A. Airports. Airports shall be developed in accordance with an FAA-approved Layout Plan, or a Layout Plan approved by the BOCC, complying with FAA Advisory Circular 150/5300-13 and the current Northwest Mountain Region Airport Layout Plan Checklist, with the exception that aircraft tiedown dimensions need only be sufficient to provide adequate clearances for the aircraft to be tied down. B. Landing Strips. Landing strips shall be developed in accordance with an FAA-approved Layout Plan, or a Layout Plan approved by the BOCC, complying with FAA Advisory Circular 150/5300-13, with the exception that aircraft tiedown dimensions need only be sufficient to provide adequate clearances for the aircraft to be tied down. C. Heliports/Helistops. Heliports and helistops shall be developed in accordance with an FAA-approved Layout Plan, or a Layout Plan approved by the BOCC complying with FAA Advisory Circular 150/5390-2. D. Fabrication, Service, and Repair Operations. All fabrication, service, and repair operations shall be conducted in compliance with Airport Rules and Regulations. E. Storage of Materials. All storage of materials shall be within a building or obscured by fence. SECTION 7-903. COMMUNITY MEETING FACILITY. A. Negative Impacts. The use does not result in noise, vibration, light, odor, dust, smoke, or other air pollution causing a substantial negative impact on surrounding land uses and/or public use of public facilities in the area. B. Outside Storage. The use does not include the outside storage of goods, materials, or equipment. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-69 SECTION 7-904.SECTION 7-903. PLACE OF WORSHIP.15 The structural height limitations of the zone district shall not apply to spires, belfries, or cupolas. SECTION 7-905.SECTION 7-904. FAMILY CHILD CARE HOME AND CHILD CARE CENTER. A. Required Permits. Applicable local, State, and Federal permits shall be obtained and maintained. B. Parking. One space is required for each employee not residing in the building used for the family child care center. SECTION 7-906.SECTION 7-905. VEHICLE SAFETY AREAS. A. Continuing Obligation. The provision and maintenance of Vehicle Safety Areas that comply with this Code shall be a continuing obligation of the property owner. B. Prohibited Uses. Prohibited uses of Vehicle Safety Areas include: 1. Inoperable Vehicles or Materials. Materials or inoperable vehicles shall not be stored in any Vehicle Safety Areas. 2. Vehicles for Sale. Vehicles shall not be displayed for sale in any Vehicle Safety Area. 3. Repair Work. Repair work shall not be conducted in any Vehicle Safety Area which is not directly related to the safety of the vehicle in inclement weather. Such repairs shall not render a vehicle inoperable for more than 24 hours. 4. Long-term Parking. Vehicles may only park in a Vehicle Safety Area for safety reasons during adverse weather conditions. No vehicle shall park in a Vehicle Safety Area longer than 24 hours. 5. Loading/Unloading, Vending, Storage, and Staging. No loading/unloading of equipment or material, vending of any goods or services, storage, or staging shall be allowed within any Vehicle Safety Areas. C. Backing Onto Public Streets Prohibited. All Vehicle Safety Areas shall be located and designed in conjunction with a driveway so that vehicles exiting from a parking space shall not be required to back onto the right-ofway of a public street. D. Access Driveways. Access driveways for Vehicle Safety Areas shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress, and the maximum safety of pedestrian and vehicular traffic on the site. The minimum width of the access driveway for a commercial or industrial use shall be 12 feet for a 1-way drive and 24 feet for a 2-way drive. 15 This could be moved to the Dimension table in Article 3. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-70 E. Clear Vision Area. Access driveways shall have a minimum clear vision area formed by the intersection of the driveway centerline, the street right-of-way line, and a straight line joining said lines through points 20 feet from their intersection. Landscaping restrictions for a clear vision area are set forth in Section 7-305.J., Obstructions Prohibited. F. Landscaping and Illumination. Vehicle Safety Area uses located adjacent to Residential Uses or Residential Zoning Districts shall be landscaped to minimize disturbance to residents, including installation of perimeter landscaping, proper screening of loading areas with opaque materials, and control of illumination. The landscaping and screening shall comply with the standards of Section 7-305.K., Landscaping Within Off-Street Parking Areas. Lighting shall comply with the standards of Section 7-306, Lighting Standards. DIVISION 10. ADDITIONAL STANDARDS FOR COMMERCIAL USES. SECTION 7-1001. COMMERCIAL USE. This Section applies to all Commercial Uses. A. Operations Conducted Within Enclosed Building. All fabrication, service, and repair operations shall be conducted within an enclosed building. B. Storage Requirements. All storage of materials shall be within a building or obscured by a fence. C. Restrictions on Loading and Unloading Operations. All operations involving loading and unloading of vehicles shall be conducted on private property and shall not be conducted on a public right-of-way. SECTION 7-1002.SECTION 7-1001. BROADCASTING STUDIO. A. FCC and FAA Approval. The Communication Facilities that are part of the Broadcasting Studio operation shall be approved by the FCC and FAA. B. Compliance with Radio Frequency Emission Requirements. The Communication Facilities that are part of the Broadcasting Studio operation shall comply with radio frequency emission requirements of the FCC. C. Co-Location Communication Facilities. Co-location of Communication Facilities on site that are part of the Broadcasting Studio operation shall be encouraged. SECTION 7-1003. ARTS AND CRAFTS STUDIO. Activity shall be conducted within a building, and retail sales shall be limited to one-of-a kind goods produced on site. SECTION 7-1004.SECTION 7-1002. NURSERY/GREENHOUSE. A. Accessory Dwelling Unit. One single-family dwelling unit occupied by the owner, operator, or manager shall be considered accessory to this use. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-71 B. Storage of Materials and Equipment Storage of materials and equipment directly related to an on-site nursery shall be considered accessory to and incidental to the operations. SECTION 7-1005.SECTION 7-1003. OPTIONAL PREMISES CULTIVATION OPERATION. The use of land, buildings, or structures to grow, produce, cultivate, sell, dispense, distribute, store, test, or Manufacture Marijuana and/or Marijuana-infused products is not permitted anywhere in unincorporated Garfield County, except to the extent specifically set forth in this Section 7-841. This section will not be construed to apply to the private cultivation of Medical Marijuana by a registered patient or primary caregiver as defined in Article XVIII, Section 14 of the Colorado Constitution. A. Signs. All signage associated with a Optional Premises Cultivation Operation shall be prohibited. B. Odor. An Optional Premises Cultivation Operation shall not produce adverse or noxious odors that can be detected outside of the licensed Premises in which it is occurring. All applications shall include proposed methods of odor control. C. Visual. All Marijuana plants, products, and associated equipment identifying the use as a Optional Premises Cultivation Operation shall be contained entirely within an enclosed building and shall not be visible from outside the building. All applications shall provide an Alarm System and Security System Plan for the subject building that meets state law for buildings containing an OPCO. All processing, packaging, and business transactions shall take place indoors and in a manner that does not disclose the identity of the use. The facility shall be constructed in a manner that prevents any nighttime leakage of lighting. All products being transported from the Optional Premises Cultivation Operation shall be wrapped or contained in such a manner that does not disclose its contents. D. Location. 1. An Optional Premises Cultivation Operation shall meet the following location standards where no facility shall be located any closer than 1,000 feet from any of the following uses. The distance between the Optional Premises Cultivation Operation and the neighboring land use described below shall be measured as the crow flies from the nearest property line of the land used as listed above to the nearest portion of the building in which Medical Marijuana is to be cultivated. a. An Education Facility b. A Family Child Care Home c. A Public Park d. Drug and Alcohol Treatment Facilities (“Group Home Facility”) e. A Place of Worship f. Public Building 2. No land Use Change Permit shall be issued to an Optional Premises Cultivation Operation that is connected with a Medical Marijuana Center outside of Garfield County. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-72 E. On-Site Use. The consumption, ingestion or inhalation of Medical Marijuana or alcohol shall be prohibited in or on the Premises of an Optional Premises Cultivation Operation. F. Other Applicable Licenses. Prior to operating, an Optional Premises Cultivation Operation must obtain and comply with the terms of all applicable state and local licensing and present those approved licenses to the Garfield County Planning Department and County Clerk and Recorder. An Optional Premises Cultivation Operation shall post these documents within the premises. For Optional Premises Cultivation Operations that existed prior to June 21, 2010, and have been confirmed by the Board of County Commissioners through the local verification process in a public hearing, shall be required to provide proof of that approval. G. On-Site Notice. There shall be posted in a conspicuous location in each Optional Premises Cultivation Operation a legible sign as required by state law. H. Compliance with Other Laws and Regulations. An Optional Premises Cultivation Operation shall comply with all applicable state and local building codes, laws and regulations. SECTION 7-1006.SECTION 7-1004. SHOOTING RANGE. A. Design. The facility shall be designed by NRA Range Technical Team in accordance with standards established in the NRA document entitled “The NRA Range ManualSourcebook.16” The BOCC may require modifications to address public safety concerns and to ensure adequate safety measures, based upon public input received during the application review and approval process. B. Sanitary Facilities. The shooting range shall have sanitary facilities on site. SECTION 7-1007.SECTION 7-1005. CAMPGROUND/RECREATIONAL VEHICLE RV PARK AND ADDITIONS TO AN EXISTING CAMPGROUND/RV PARK. A. Site Improvements. 1. Access. The park shall have access to a public road. 2. Drainage. The park shall be located on a well-drained site that is graded or drained and is free from stagnant pools of water. 3. Landscaping. The site shall include a Landscape Plan that provides for adequate landscaping to provide buffering from adjacent uses and roadways and to prevent erosion. B. Obstruction of Roadways or Walkways Prohibited. Camping units shall not be installed or parked in any manner that any part of the unit would obstruct or block any portion of a roadway or walkway. C.A. Parking Spaces. Minimum Facilities for Recreational Vehicle Spaces. The area devoted to each Recreational Vehicle space shall be adequate to accommodate the following facilities: 16 http://www.nrahq.org/shootingrange/sourcebook.asp GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-73 Picnic Facilities. Each space shall be provided with a fireplace or fire circle, a picnic table, and well-drained, level site. Parking Space. Each RV space shall provide 1 graveled or hard-surfaced parking space. Vehicle Barriers. Adequate barriers shall be provided to confine vehicles to driveways and parking spaces. D. Easements, Rights-of-Way, Public Open Space, and Common Areas. 1. Open Space and Common Areas. Recreational Vehicle Parks/Campgrounds shall provide public open space or common areas in an amount of at least 10% of the total area of the Park or Campground. Maintenance of private common areas within a Park or Campground shall be the responsibility of the owner or operator. 2. Dedication of Easements, Rights-of-Way, and Public Lands. Applicants shall submit a warranty deed or file a Plat of the site to assure the dedication of all easements and public lands prior to the approval of the land use permit application. All lands to be dedicated, including easements and rights-of-way, shall be accompanied by full legal descriptions prepared by a Colorado licensed or registered professional land surveyor. 3. Restrictions. Land to be provided for public and/or private recreational use and/or Open Space shall not include any area dedicated as a roadway, campsite or RV space, storage area, or any area required for setbacks. E.B. Driveways. All Recreational Vehicle spaces shall abut upon a driveway, graded for drainage, and maintained in a rut and dust free condition, which provides unobstructed access to a public street or highway. The minimum unobstructed width of such driveways shall be 15 feet for 1-way traffic or 25 feet for 1-way traffic. No parking shall be permitted on the driveways. F. Walkways. All Park and Campground walkways and bicycle paths shall be gravel or hard surfaced. Walkway widths shall not be less than 5 feet wide and all walkways and bicycle paths shall be provided with downward illumination. G. Maintenance. All RV spaces and campsites shall be maintained in a clean and sanitary condition, free from hazardous and noxious materials, weeds, and refuse. The Park/Campground owner shall be responsible for ensuring compliance. H.C. Water Supply and Distribution. Comply with Standards. An adequate domestic water supply and distribution system shall be provided that complies with CDPHE Standards and Regulations for Campgrounds and Recreation Areas that is in compliance with the drinking water standards of the CDPHE shall be provided in each Recreational Vehicle Park. Where a public supply of water of satisfactory quantity, quality, and pressure is available, connection shall be made thereto and it shall be the exclusive supply used. When such a public water supply is not available, a Central Water System may be developed and used if it meets standards of the CDPHE. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-74 1. Located to Avoid Contamination. Every well or suction line of the water supply system shall be located and constructed in such a manner that neither underground nor surface contamination will reach the water supply from any source. 2. Treatment. The treatment of a private water supply shall be in accordance with applicable State and local laws and regulations. 3. Connection. The Park’s water supply system shall be connected by pipes to all Recreational Vehicle spaces, buildings, and other facilities requiring water. 4. Equipment. All water piping, fixtures, and other equipment shall be located, constructed, and maintained in accordance with State and County regulations and requirements. 5. Pressure. The system shall be so designed and maintained as to provide a pressure of not less than 20 nor more than 80 psi, under normal operating conditions, at service buildings and other locations requiring portable water supply. 6. Separation. A minimum horizontal separation of 10 feet shall be maintained between all domestic water lines and sewer lines. 7. Underground Valves. Underground stop and waste valves shall not be installed on any water service. 8. Supply. The water supply shall be capable of supplying 50 gallons per space per day for all spaces lacking individual water connections and 100 gallons per space per day for all spaces provided with individual water connections. 9. Individual Water Service Connections. If facilities for individual water service connections are provided, the following requirements shall apply. g. Riser Pipes. Riser pipes provided for individual water service connections shall be so located and constructed that they will not be damaged by the parking of recreational vehicles. Water-riser pipes shall extend a minimum of 4 inches above ground elevation unless recessed in a box or sleeve. The pipe size shall be 3/4 inch. h. Prevent Freezing. Adequate provisions shall be made to prevent freezing of main service lines, valves, and riser pipes. i. Valves. Valves shall be provided near the outlet of each water service connection. They shall be turned off and outlets capped or plugged when not in use. j. Connection. The Park’s water supply system shall be connected by pipes to all Recreational Vehicles, buildings and other facilities requiring water. 10. Water Stations. a. Stations for Recreational Vehicle Area. Each Recreational Vehicle Park shall be provided with 1 or more easily accessible watering stations for filling water storage tanks. Such water supply outlets shall consist of at least a water hydrant and the necessary appurtenances and shall be protected against the hazards of back flow and back siphonage. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-75 b. Stations for Tent Camping Area. Each tent camping area shall be provided with at least 1 individual watering station no more than 200 feet from any tent camping space. Riser height shall be a minimum of 30 inches and a splash pad shall be installed around the base. I.D. Sewage Disposal. An adequate sewage system shall be provided that complies with CDPHE Standards and Regulations for Campgrounds and Recreation Areas, shall be provided in each Recreational Vehicle Park for the purpose of conveying and disposing of all sewage. Such system shall be designed, constructed and maintained in accordance with State and local laws. 1. Sewer Line. All sewer lines shall be located in trenches of sufficient depth to be free of breakage from traffic or other movements and shall maintain a minimum horizontal separation of 10 feet from all domestic water lines. Sewers shall be at a grade that will insure a velocity of 2 feet per second when flowing full. All sewer lines shall be constructed of materials that comply with State or County regulations and with CDPHE design criteria. Utility connections at the surface may be closer than 10 feet. 2. Sewage Treatment and/or Discharge. Where the sewer lines of the Park are not connected to a public sewer, all proposed sewage disposal facilities shall be approved prior to construction. Effluents from Sewage Treatment Facilities shall not be discharged into any waters of the State except with prior approval of the CDPHE. 3. Individual Sewer Connections. If facilities for individual sewer connections are provided, the following requirements shall apply: a. Sewer-Riser Pipe. The sewer-riser pipe shall be a minimum of 4 inches in diameter, shall be trapped below the ground surface, and shall be so located on the trailer space that the sewer connection to the Recreational Vehicle system will approximate a vertical position. b. Sewer Connection. The sewer connection shall have a nominal inside diameter of a minimum of 3 inches and the Slope of any portion thereof shall be a minimum of 1/8 inch per foot. All joints shall be watertight. c. Materials. All materials used for sewer connections shall be corrosive resistant, nonabsorbent, and durable. The inner surface shall be smooth. d. Plugging. Provisions shall be made for plugging the sewer-riser pipe when a Recreational Vehicle does not occupy the space. Surface drainage shall be diverted away from the riser. 4. Solid Wastes. No liquid wastes from sinks shall be discharged into or allowed to accumulate on the ground surface. The owner shall provide for trash removal on a regular basis. 5. Sewage Treatment and/or Discharge. Where the sewer lines of the Recreational Vehicle parking area are not connected to a public sewer, all proposed sewage disposal facilities shall be approved by the CDPHE prior to construction. Effluents from Sewage Treatment Facilities shall not GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-76 be discharged into any waters of the State except with prior approval of the CDPHE. J.E. Fire Protection. Fire protection requirements shall be in accordance with the standards and requirements of the applicable Fire District. Adequate fire protection shall be provided and shall be in compliance with all applicable fire codes and standards. All Campgrounds shall be equipped at all times with fire extinguishing equipment in good working order and of such type, size, and number and so located as prescribed by the authorizing local fire suppression organization. K.F. Electrical Distribution and Communication Wiring. If electrical service is installed, it Electrical Distribution System. Each Recreational Vehicle Park shall contain an electrical Distribution System to each lot or site, consisting of wiring, fixtures, equipment, and appurtenances thereto which shall be installed and maintained in accordance with State and County regulations. Telephone and cable TV systems may be installed and maintained. Approval by Utility. All plans for the above services shall have the approval of the responsible utility prior to County approval. of Park plans. L. Service Buildings. 1. Applicability. The requirements of this Section shall apply to service buildings, recreation buildings, and other community service facilities, such as management offices, repair shops, and storage areas, sanitary facilities, laundry facilities, indoor recreation areas, and Commercial Uses supplying essential goods or services for the exclusive use of Park occupants. 2. Structural Requirements for Buildings. a. Protection. All portions of the structure shall be properly protected from damage by ordinary uses and by decay, corrosion, termites, and destructive elements. Exterior portions shall be of such materials and be so constructed and protected as to prevent entrance or penetration of moisture and weather. b. Sanitary or Laundry Facilities. All rooms containing sanitary or laundry facilities shall: (1) Walls. Have sound-resistant walls extending to the ceiling between male and female sanitary facilities. Walls and partitions around showers, bathtubs, lavatories, and other plumbing fixtures shall be constructed of dense, nonabsorbent waterproof material or be covered with moisture resistant material. (2) Windows. Have a minimum of 1 window or skylight facing directly to the outdoors. The minimum aggregate gross area of windows for each required room shall not be less than 10% of the Floor Area served by them. A minimum of 1 window shall be able to be easily opened or the room shall have a mechanical device that will adequately ventilate the room. (3) Toilets. Have toilets locked in separate compartments equipped with self-closing doors. Shower stalls shall be of the individual type. The rooms shall be screened to GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-77 prevent direct view of the interior when the exterior doors are open. (4) Illumination. Have illumination levels maintained as required by the International Building Code. (5) Hot and Cold Water. Have hot and cold water furnished to every lavatory, sink, bathtub, shower, and laundry fixture, and cold water furnished to every water closet and urinal. 3. Required Community Sanitary Facilities. a. Central Service Building. (1) A central service building containing the necessary specified toilet and other plumbing fixtures shall be provided in Recreational Vehicle parking areas that provide spaces for vehicles and for tent camping areas. Service buildings shall be conveniently located within a radius of approximately 300 feet to the spaces served. (2) When a Recreational Vehicle Park is designed for and exclusively limited to use by self-contained vehicles, no public sanitary facilities shall be required. b. Sanitary Facilities for Women. Sanitary facilities for women shall include a minimum of 2 flush toilets, 1 lavatory, and 1 shower for each 15 Recreational Vehicle or each 15 Recreational Vehicle or tent spaces or fractional number thereof. c. Recreation Vehicle Park Connected to Resort. When a Recreational Vehicle park requiring a service building is operated in connection with a resort or other business establishment, the number of sanitary facilities for such business establishment shall be in excess of those required by the schedule of Recreational Vehicle spaces and shall be based on the maximum number of people allowed to use such facilities. M. Refuse Handling. The storage, collection, and disposal of refuse in a Recreational Vehicle Park shall be so arranged as to not create health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. All refuse shall be disposed of at either a municipal or County-designated landfill site, at a minimum of once per week. N. Pest Control. Grounds, buildings, and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform to County regulations and requirements of the CDPHE. O. Pet Control. The owners or managers of a Recreational Vehicle Park, or all owners or persons in charge of any dog, cat, or other pet animal, shall have such animal on a leash not exceeding 10 feet or shall confine such animals within the space or designated areas within the Park, and shall not permit such animal to commit any nuisance. Animals are restricted to household pets only. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-78 P. Supervision. 1. Attendant. The attendant or caretaker shall be in charge at all times to keep the Park, its facilities, and equipment in a clean, orderly, and sanitary condition. 2. Owner Answerable. The owner shall be answerable for the violation of any provision of this Code. Q. General Requirements. 1. Minimum Setbacks. a. Minimum Space Width. Recreational Vehicles and/or tent spaces shall be set back a minimum of 20 feet in width. b. Boundaries. The Campground/Recreational Vehicle Park shall comply with the following minimum buffers: (1) Front Yard. The Campground/Recreational Vehicle Park shall be set back a minimum of 50 feet from an arterial or collector road or 25 feet from a local or mountain road. (2) Side or Rear Property Line. The Campground/Recreational Vehicle Park shall be set back a minimum of 20 feet from any side or rear property line. 2. Minimum Park Area. A Campground/Recreational Vehicle Park shall contain a minimum of 5 acres. 3. Buffer. A minimum 100 foot landscaped buffer is required adjacent to private lands unless it can be demonstrated that there will be no projection of noise, odor, glare, or dust beyond the property lines. DIVISION 11. ADDITIONAL STANDARDS FOR INDUSTRIAL USES. SECTION 7-1101. INDUSTRIAL USE These standards shall apply to all Industrial Uses: A. Residential Subdivisions. Industrial Uses shall not occupy a lot in a platted residential Subdivision. B. Setbacks. All activity associated with these uses shall be a minimum of 100 feet from an adjacent residential property line, unless the use is on an industrially zoned property. C. Concealing and Screening. When an industrial use is not located on an Industrial Zoned property, Aall storage facilities, including outdoor storage, fabrication, service, and repair operations shall be conducted within an enclosed building or have adequate provision to conceal and screen the facility and/or operations from adjacent property(s)., as reasonably practicable. Screening shall be at least 8 feet in height and obscure the facility and/or operation from view at the same elevation. All screening shall be maintained. D. Loading and Unloading. All operations involving loading and unloading of vehicles shall be conducted on private property and shall not be conducted on a public right-of-way. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-79 E. Storing. All products shall be stored in compliance with all national, State and local codes and shall be a minimum of 100 feet from an adjacent property line. In addition, petroleum, and hazardous products shall be stored in an impervious spill containment area(s). F. Hours of Operation. Any activity requiring that will generate noise, odors, or glare beyond the property boundaries will be conducted between the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday, or as approved by the decision-making authority. G.F. Industrial Wastes. All industrial wastes shall be disposed of in a manner consistent with Federal and State statutes and requirements of CDPHE. H.G. Noise. Noise shall not exceed State noise standards pursuant to C.R.S., Article 12, Title 25, as amended, unless the use is regulated by the COGCC. In this case, the use shall be subject to COGCC Rule 802, Noise Abatement. I.H. Ground Vibration. Every use shall be operated so that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point of any boundary line of the property. J.I. Interference, Nuisance, or Hazard. Every use shall be so operated that it does not emit heat, glare, radiation, or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signal, and reflective painting of storage tanks, or other legal requirements for safety or air pollution control measures shall be exempted from this provision. SECTION 7-1102. GRAVEL EXTRACTION. A. Water Quantity and Quality Impacts/Floodplain Impacts. If a Gravel Pit is located within the Floodplain, there is a reasonable chance that it could be flooded during its operational life. Equipment, machinery, fuel, etc. could become pollutant sources in the case of a flood. In addition, if the pit is located near the Floodway of a river there is the possibility that in a flood a gravel pit could alter the natural course of a river. This can have negative impacts on a river ecosystem and unknown impacts on nearby landowners. Every application for gravel extraction shall address the following: 1. When the proposal is near a river or stream, the Applicant is required to submit an analysis by a professional engineer showing the boundaries of the Floodplain and the Floodway in the area of the pit. 2. Provide a stormwater management plan that demonstrates how the project will not adversely affect surface or groundwater resources. Additionally, provide a Erosion and Sediment Control Plan that demonstrates what best management practices will be used in the project. 3. In all cases, an application for a gravel mining operation shall include a spill prevention counter-measure and control plan that provides a GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-80 program that handles spills of hazardous materials, as well as local contact information for responsible personnel at the facility. 4. No Land Use Change application shall be accepted by the County without a letter from the applicable fire protection district stating that the proposed project has been adequately designed to handle the storage of flammable or explosive solids or gases and that the methods comply with the national, State, and local fire codes. 5. No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces. a. Development in 100-year Floodplain: Floodways as defined in Section 3-102.A., Floodplain Overlay, and are Areas of Special Flood Hazard and are subject to the following restrictions: encroachments are prohibited, including fill, New Construction, Substantial Improvements, and other development within the adopted regulatory Floodway, unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase or decrease in flood levels within the County during the occurrence of the Base Flood discharge. b. All New Construction and Substantial Improvements shall comply with all applicable flood hazard reduction provisions of Section 7-601.G., General Standards, and Section 6-601.H., Specific Standards. c. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance regulations, the County may permit encroachments within the adopted regulatory Floodway that would result in an increase in Base Flood elevations, provided that the Applicant obtains a Letter of Map Revision (LOMR) for a Floodway revision through FEMA and that no mining activity shall occur until FEMA has approved a LOMR. d. In all cases, there shall be no storage of fuel or hazardous materials including concrete/asphalt Batch Plants within the Floodway. 6. Standards for Areas of Shallow Flooding: Flood-fringe areas designated as shallow flooding as defined in Section 3-102.A, Floodplain Overlay, are areas that have special flood hazards associated with Base Flood depths of 1 foot to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following restrictions apply: a. All New Construction and Substantial Improvements of residential structures have the Lowest Floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community’s FIRM (at least 2 feet if no depth number is specified). b. All New Construction and Substantial Improvements of nonresidential structures: GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-81 (1) have the Lowest Floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community’s FIRM (at least 2 feet if no depth number is specified); or (2) together with attendant utility and sanitary facilities, be designed so that below the Base Flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. c. A registered professional engineer shall submit a certification to the County Floodplain Administrator that the standards of this Section have been fully satisfied. d. Require within Zones AH or AO adequate drainage paths around structures on Slopes to guide flood waters around and away from proposed structures. 7. The proposed operation will be located a sufficient distance from other mining operations so as not to create cumulative impacts to the integrity of the water course. The BOCC will determine sufficiency of distance. 8. In-stream mining is not permitted. 9.7. All applications shall provide a dewater/discharge plan that provides a detailed graphic representation of how dewatering operations shall occur. This plan shall demonstrate that the discharge will not exceed State standards for discharge into a water course or Wetland. 10.8. In all cases, the application shall contain proof that the operation has adequate legal and physical water for the proposed application. B. Air Quality. Fugitive dust from disturbed areas is one of the primary causes of Gravel Pit air pollution. The potential for soil erosion potential also increases proportionate to the amount of disturbed area. Gravel Pits should make an active effort to reduce disturbed area through phased reclamation, efficient operations, and landscaping. Disturbed acreage can also provide a measure of visual impact when the operation is located on valley floor and there are residences on nearby hillsides. Opacity shall not exceed 20%. All gravel operations in the County shall comply with applicable County, State, and Federal regulations regulating air pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Impacts on adjacent land from the generation of vapor, dust, smoke, or other emanations. All applications shall demonstrate how they will meet County, State, and Federal air pollution regulations. Any repair and maintenance activity requiring the use of equipment that will generate odors beyond the property boundaries will be conducted within a building at any time or outdoors during the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday. The proposed operation will be located a sufficient distance from other mining operations so as not to create cumulative impacts to air quality. No application shall be approved until the Applicant submits evidence that all plants and processing equipment shall have current CDPHE air pollution permits and shall meet current CDPHE emissions standards for air and water. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-82 C. Noise/Vibration. Gravel extraction operations shall be conducted in a manner such that the volume of sound generated does not constitute a public nuisance or hazard. Gravel extraction operations shall comply with the standards set forth in C.R.S., Article 12, Title 25, as amended, except as such standards are modified as follows: 1. An Applicant shall submit a noise study that demonstrates the proposed gravel operation can meet the requirements in the matrix below based on measuring the sound levels of noise radiating from a property line at a distance of 25 feet or more beyond the subject property, expectexcept as excluded for construction activities per C.R.S. 25-12-103 et seq, that allows up to 80 db(A). 2. TNote, the dB(A) threshold shown in Table 7-1102.B. shall be that of the receiver and not that of the emitter. For example, while the gravel operation would be considered an industrial operation, the dB(A) levels shown below are measured according to the neighboring uses so that if a residential use was located adjacent to the operation, sound levels could not exceed 55 dB(A) from 7:00 a.m.to 7:00 p.m. and 50 dB(A) from 7:01 p.m. to 6:59 a.m. 3. Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point of any boundary line of the property on which the use is located. D. Visual Mitigation Impacts. All applications for gravel extraction shall address the following: 1. All gravel operations proposed to mine areas greater than 30 acres shall be designed in multiple phases in order to minimize the visual impact of the Gravel Pit primarily by logical “sequencing” and “overall layout” of the pit’s design. 2. Design of the proposed use including the storage of heavy equipment is organized to minimize impact on adjacent uses of land through installation of screen fences, berming, and/or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting, and signs in such a manner as to protect established neighborhood character. 3. At the discretion of the BOCC, all outdoor storage facilities may be required to be enclosed by fence, landscaping, or wall adequate to conceal such facilities from adjacent property. Table 7-1102 C: dB(A) Threshold per Neighboring Use UseZone 7 am to 7 pm 7 pm to 7 am Residential 55 dB(A) 50 dB(A) Commercial 60 dB(A) 55 dB(A) Light Industrial 65 dB(A) 70 dB(A) Industrial 80 dB(A) 75 dB(A) Figure 7-1102 C: Dashed line at 25 feet beyond the subject property where noise shall be measured. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-83 4. New long-term (more than 1 year) mining operations will minimize visual impacts along entryways to growth centers. The Planning Commission and/or the BOCC will determine sufficiency of minimization. 5.4. All applications shall iInclude a berming, screening, and buffering plan to aid in visual screening. Adequate berming, screening and buffering Provisions in this plan shall be in place prior to commercial mining of each Phase. The Applicant shall invite the staff from the Building and Planning Department to the site to inspect that the installation occurred pursuant to the plan presented to the BOCC prior to the commencement of any commercial activity and issuance of a Land Use Change Permit. 6.5. All lighting shall be the minimum necessary, directed inward and downward towards the property. 7.6. Unless otherwise determined by the BOCC, mining operations shall be allowed to progress so long as the previous pit has been reclaimed within 6 months after the commencement of the new pit mining operation. If the reclamation has not commenced in 6 months, or has been completed within 18 months, all mining operations on the property shall stop until the reclamation/revegetation has occurred to the satisfaction of the County. Completion, including but not limited to topsoiling, seeding, mulching, sapling planting, and water filling of the lake, shall be determined by the provisions contained within the reclamation plan approved by the BOCC. E. Impacts to County Road System. 1. All applications for a gravel extraction operation shall submit a Traffic Impact Study prepared by a professional traffic engineer that identifies projected volumes of traffic through the life of the project, expected haul routes, and any street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use. These improvements shall either be in place or shall be constructed in conjunction with the proposed use. 2. Truck traffic will not access the mining operation through residential or commercial areas, or such traffic will be mitigated. 3. The Applicant shall submit evidence of insurance for a minimum of $1,000,000 to cover any damages to public and private property, and the County shall be named as an additional insured. If the Applicant demonstrates its operation will not require a County access permit, this insurance shall not be required. 4.3. Expected haul routes from the mine will be upgraded to withstand the additional traffic, if determined by the Traffic Study or recommended by the County Engineer, and the permittee will prevent road damage and mitigate dust, under the supervision of the Public Works Director. 5.4. The Applicant shall obtain driveway access permits issued by the County Road and Bridge Department at specific locations to be approved by the Road and Bridge Department. These permits shall have conditions specific to the driveways. This may include stop signs at entrances to County roads. The stop signs and installation shall be as required in the Manual on Uniform Traffic Control Devices. Paved or concrete aprons shall also be required as specified by the issued permits. 6.5. If road damage on a County road becomes evident due to the traffic generated from the Gravel Pit operation, the Road and Bridge Department shall require that repair or replacement of the Road surface GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-84 as determined by the County Road and Bridge Department becomes the responsibility of the owners or operators of the Gravel Pit operation. F. Impacts to Wildlife. 1. The Applicant shall demonstrate the presence or absence of threatened and endangered species, as well as the presence or absence of critical habitats for threatened and endangered species. 2. The application shall contain a Wildlife Impact Analysis prepared by a professional that identifies existing Wildlife Habitat and impacts on Wildlife as a result of the project which may include but be not limited to impacts to domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns, or other disruptions. G. Compatibility with Surrounding Land Uses. The following regulations shall apply to all gravel operations in the County: 1. No permit shall be approved unless sufficient distances separate such use from abutting property that might otherwise be damaged by operations of the proposed use(s). 2. The equipment storage area is not placed any closer than 300 feet from any existing residential dwelling. 3. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. 4. Any storage area for uses not associated with natural resources shall not exceed 10 acres in size. 5. Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. 6. Shall be compatible with surrounding agricultural, residential, and recreational land uses by selection of location and/or mitigation. 7. The proposed operation will be located a sufficient distance from other mining operations so as not to create nonmitigatable cumulative impacts to roads, air and water quality, or other resources and amenities. 8. Unless otherwise determined by the BOCC, the Gravel Pit hours of operation will be 7:00 a.m. to 8:00 p.m., Monday through Saturday, with crushing, digging, and heavy hauling allowed from 7:00 a.m. to 6:00 p.m., allowing for administrative and maintenance activities to take place until 8:00 p.m. No operations except emergency maintenance to ensure the integrity of operating equipment shall take place on Sunday. H.G. Reclamation/Enforcement. All applicants shall submit a rReclamation plan that is shall be compliant with the standards of the ColoraodColorado Division of Reclamation, Mining and Safety (CRMS) and be mutually agreed upon by the property owner and operator. done to create an aesthetically pleasing site or reclaimed area that will blend with or improve upon the surrounding areas. All applications shall submit a reclamation plan that specifically addresses the following aspects of reclamation: Slopes, vegetation, lake/pond shape and character, Wildlife Habitat, agriculture, phasing, and berms. Additionally, the State of Colorado Division of Reclamation, Mining and Safety, has minimum standards for reclamation. All reclamation plans shall follow the following design criteria: GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-85 1. Wetland and Dryland Slopes. Reference Figure 7-1103 C for an illustration of Wetland and Dryland Slopes. a. Wetland Slope Areas: (1) Wetland Slopes shall be predominantly 5:1 or shallower, with at least 80% 5:1 and 20% 10:1 or shallower. The percentage of Wetland Slope is calculated along the perimeter of the reclaimed lakes. (2) For the purpose of this Section, the Wetland Slope is defined as 3 feet above the shoreline and 3 feet below the shoreline (see graphic). (3) Wetlands shall be included in the reclamation plan for all shoreline areas. (4) An alternate plan for the shoreline area which modifies the standards above may be proposed by an Applicant to accommodate special needs for: (a) Water-based recreation amenities; (b) Reducing Wildlife Habitat along certain sections of shoreline due to proximity to an airport; (c) Fishing embankments; or (d) Other special needs or uses that may be proposed by the Applicant. (5) Any modification of the listed standards requires the recommending or Decision-Making Body to provide a separate finding and reason for waiving or modifying the Wetland Slope standards and that the modifications are in conformance with the purpose statement above: to create an aesthetically pleasing site that blends with the surrounding area, to provide for Wildlife Habitat, and to provide for future re-use of the site. b. Dryland Slope Area. (1) Dryland Slopes shall be predominantly 5:1 with at least 85% of the Slopes 5:1 or shallower. (2) For the purpose of this Section, the Dryland Slope area is defined as any area above a Wetland Slope in the postmine land use that will predominantly be used for rangeland grazing and Wildlife Habitat. (3) An alternate Slope plan for the Dryland area which modifies the standards above may be proposed by an Applicant to accommodate special needs when: (a) The existing terrain Slope is steep (greater than 5:1) or; (b) Where there is little or no available on-site backfill material; (c) Other special needs or uses that may be proposed by the Applicant. (4) Any modification of the listed standards requires the recommending or Decision-Making Body to provide a separate finding and reason for waiving or modifying the Dryland Slope standards and that the modifications are in GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-86 conformance with the purpose statement above: to create an aesthetically pleasing site that blends with the surrounding area, to provide for Wildlife Habitat, and to provide for future re-use of the site. Figure 7-1102 H(1): Wetland and Dryland Slopes 2. Vegetation. All revegetation efforts shall occur as part of phased reclamation. a. Wetland Criteria (1) All Wetland Slopes on a reclamation plan shall include revegetation with appropriate species shown on a landscape plan. The plan shall: (a) Show the reclaimed Wetland area to scale; (b) Identify the species and number of plantings; (c) If required, provide for adequate irrigation; (d) Provide for adequate species diversity to enhance Wildlife Habitat; and (e) Other site specific requirements may be identified through the Public Hearing process. (2) Wetland seeding shall occur immediately prior to lake filling using the following methods: (a) Seeding shall be done by drilling or by hydroseeding methods. Broadcast seeding is not permitted. (b) Revegetation of Wetlands shall also include planting of trees, willows and/or shrubs. (c) Existing trees may be included in the plan if they are a minimum of 8 feet in height and 2 inches in diameter. (d) All new tree plantings shall be accomplished immediately following lake filling and be: GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-87 i. A minimum of 8 feet in height and 2 inches in diameter. ii. Located immediately above the Wetland Slope area. (3) Shrubs identified on the plan shall be a minimum of 5-gallon shrub containers. (4) If required, adequate irrigation shall be employed in revegetated areas during the life of the mine or until revegetation is self-sustaining based on the advice of the qualified professional preparing the Landscape Plan. (5) Any modification of the standards listed above requires the recommending or Decision-Making Body to provide a separate finding and reason for waiving or modifying the Wetland revegetation standards and that the modifications are in conformance with the purpose statement above: to create an aesthetically pleasing site that blends with the surrounding area, to provide for Wildlife Habitat, and to provide for future re-use of the site. b. Dryland Criteria: (1) All Dryland areas on a reclamation plan shall include revegetation with appropriate Dryland plant species based on the written recommendation of a qualified professional. The plan shall: (a) Include a mixture of grasses, forbs, and shrubs. (b) Seeding methods shall either use drilling with crimp mulching or hydro-seeding. i. Mulch shall be weed free and shall be applied at a rate of no less than 3,000 pounds per acre. ii. Hydro-seeding with hydro-mulching and tackifier shall be used on steep Slopes greater than 5:1. Hydro-mulching shall be a minimum rate of 2,000 pounds of wood fiber per acre. iii. If required, adequate irrigation shall be employed in revegetated areas during the life of the mine or until revegetation is selfsustaining based on the written recommendation of a qualified professional. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-88 Figure 7-1102 H(2): Example of Reclamation Plan that incorporates shoreline undulation, etc. (2) Any modification of the standards listed above requires the recommending or Decision-Making Body to provide a separate finding and reason for waiving or modifying the Wetland revegetation standards and that the modifications are in conformance with the purpose statement above: to create an aesthetically pleasing site that blends with the surrounding area, to provide for Wildlife Habitat, and to provide for future re-use of the site. 3. Lake/Pond Shape and Character. Reclamation with multiple ponds or lakes with substantial islands or peninsula (at least 20% of total surface) to break up surface, undulation of shorelines provides natural appearance. 4. To the extent permitted by law, unless all disturbance created by the mining operation is covered by a reclamation bond under jurisdiction of the DRMS, or by the Federal government on federally-owned lands, a bond or other acceptable financial performance guarantee shall be submitted in favor of the County in an amount of at least 150% of the cost of restoration of the site and access roads. The required amount of such financial performance guarantees may be increased at the discretion of the BOCC to account for inflation. A bid for site restoration acceptable to the permittee and the County shall be submitted to the Building and Planning Department as evidence of the cost of reclamation for bond setting purposes. H. Enforcement. 5.1. To the extent permitted by law, tThe BOCC may require a financial performance guarantee in addition to that required by the DRMS to insure that certain conditions of a permit will be complied with. The required GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-89 amount of such financial performance guarantees may be increased at the discretion of the BOCC to account for inflation. The County will not require financial guarantees that are duplicative of that required by the DRMS. 6. The operator will submit an annual report to the County Building and Planning Department with GPS measurements shown on a map indicating the current disturbance, what areas have been backfilled, where topsoil stockpiles are located, all site structures, what areas have been seeded and mulched, and what is planned for the ensuing 12 months. 7.2. The County commits to notifying the operator of any compliance concern and allows an inspection with site personnel and the designated County inspector prior to contacting any agency. 8.3. The County can request a site inspection with 1 day’s notice to the operator. Full access to any part of the site will be granted. On request, all paperwork must be shown. The County cannot request a large number of inspections that would interfere with normal operation without cause. 9.4. A full list of all other permits shall be provided to the County. Any person at any time can call the following agencies directly and request an inspection if they believe a condition of that agencies permit is being violated. a. CDPHE Air Quality Control b. CDPHE Water Quality Control c. U.S. Army Corps of Engineers d. Division of Reclamation, Mining and Safety e. CDOT, Grand Junction office 10.5. The County will be invited to any bond release inspection of the DRMS. The County inspector will have the opportunity to demonstrate that any item of the permit has not been complied with and that bond should not be released. 11.6. The operator acknowledges that the County has performance standards in place that could lead to revocation of the Land Use Change Permit if continued violations of the permit occur over a period of time. 12.7. The County shall not issue a Land Use Change Permit until all required local, State, and Federal permits have been obtained and submitted to Garfield County, including but not limited to the municipal watershed permit, CDPHE, USACE, NPDES, Division of Water Resources (approved well permits and plan for augmentation), etc. 13.8. The Rreclamation pPlan approved by the County as part of the Land Use Change Permit shall be resubmitted to the DRMS to become the only reclamation plan (tasks/timetables) used by both the County and DRMS. Additionally, a bond shall need to be calculated to cover this plan and secured with DRMS to cover its implementation. 14.9. The Applicant shall provide locations of County-listed noxious weeds on a map. Once the inventory is provided, the Applicant shall develop a weed management plan that addresses all County-listed noxious weeds found on site. This weed management plan shall be submitted to the County GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-90 Vegetation Manager for approval prior to the issuance of a Land Use Change Permit. SECTION 7-1103. MINING AND OTHER EXTRACTION USES. A. Roads. 1. Impact Mitigation. The mining operator or owner shall bear the proportionate cost of all road and bridge improvements, repairs, and maintenance necessitated by the proposed mining operation. 2. Vehicle Weight. The weight of trucks shall not exceed Federal, State, or local government-imposed road or bridge weight capacity on approved haulage routes as those routes are established by the procedures in the County overweight vehicle regulations. 3. Seasonal Traffic Limitation. As a condition of approval, the County may impose limits on the number of trucks that may access the mine to avoid damge to roads caused by heavy vehicle use, weather conditions, or water saturation. B. Routing. Designation of construction and haul routes for a specific mining operation application shall comply with the following standards: 1. Avoidance of Developed Areas. Truck haulage and traffic routes shall be designed to the maximum extent feasible to avoid residential areas, commercial areas, environmentally and visually sensitive areas, schools and other civic buildings, municipalities, and already congested locations. Alternative routes shall be identified. 2. Timing of Hauling. Timing of truck traffic may be controlled to prevent congestion or adverse noise impacts or safety risks. 3. Load Control. Applicant shall prevent loss of loads and fugitive dust emissions during transit and shall be responsible to ensure that haul routes are maintained in accordance with dust-suppressant methods required by applicable State or Federal agency. C. Wildlife. Mining operations shall mitigate identified impacts to any impacts not be located in Wildlife Habitat areas as provenidentified by the Colorado Division of Parks and Wildlife. D. Emergency Preparedness. The site operator shall prepare an emergency preparedness plan and have it on site and provided to the appropriate emergency providers for the site. SECTION 7-1104. STORAGE AREAS AND FACILITIES. A. Storage of Hazardous Materials. Flammable or explosive solids or gases and other hazardous materials including wastes shall be stored according to the manufacturer’s standards and shall comply with the national, State and local fire codes and written recommendations from the appropriate local fire protection district. B. Materials and Wastes Contained on Property. Materials shall be stored on the property in a form or manner that will not be transferred off the property by any reasonably foreseeable natural cause or force. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-91 SECTION 7-1105. RECYCLING COLLECTION CENTERS. A. Customary and Incidental. Small Collection Center. A small Recycling Collection Center shall be considered customary and incidental to Solid Waste Transfer Facilities, recycling processing facilities, and Commercial or Retail Uses that are 20,000 square feet or larger. B. Parking Lot Location. A small Recycling Collection Center located in parking lots shall not occupy required parking spaces. The collection center shall be located so as to not impede traffic flow. 1. A small Recycling Collection Center shall not include power-driven processing equipment. C. Stored Products. The owner of the property and the operator of the collection center shall remove products stored at the site at least once a week. D. Maintenance. The owner of the property and the operator of the collection center shall keep the collection center in proper repair and the exterior shall have a neat and clean appearance. 2. Automated can recycling machines shall be limited to 3 per site. E. Large Collection Center. 1. A large Recycling Collection Center shall be considered customary and incidental to a Solid Waste Transfer Facility. F.E. Organic Materials. Organic materials are limited to plant matter including but not limited to tree limbs, leaves, and grass clippings. SECTION 7-1106. SEWAGE TREATMENT FACILITY. A. Exempt from Minimum Lot Size. This use may be located on a separately dedicated lot and is exempt from the minimum lot size requirements for the zoning district in which it is located. B. Accessory to the Primary Use. When part of an overall project requiring a Land Use Change Permit, a new Sewage Treatment Facility shall be considered an accessory to the primary use and shall not require additional permitting except for those permits required by the County Public Health Department and the CDPHE. SECTION 7-1107. SOLID WASTE DISPOSAL SITE AND FACILITY. A. Recycling and Conservation. Solid Waste Disposal Sites emphasize, where feasible, the recycling of waste materials. B.A. Certificate of Designation. Solid Waste Disposal Sites shall comply with State laws and regulations applicable to Solid Waste Disposal Sites and shall receive a certificate of designation from the County in accordance with State requirements. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-92 DIVISION 12. ADDITIONAL STANDARDS FOR UTILITIES. SECTION 7-1201. PUBLIC UTILITIES. Any Public Utility placing utilities in a County right-of-way shall comply with the standards contained the Road and Bridge Department, road cut permit regulations. SECTION 7-1202. SOLAR ENERGY SYSTEMS. A. Signage. Large and Small Solar Energy Systems. These additional standards apply to both small and large Solar Power Generating Systems. Site Plan Submittal. The Applicant shall submit a Site Plan that includes the location of all panels and accessory development such as utility trenching, access roads, services plans and structures associated with the solar energy system. WSignage warning of electrical shock shall be installed around the perimeter of the system and shown on the Site Plan. 1. Impacts to Wildlife and Domestic Animals. The application shall demonstrate how the proposed project will not impact Wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns, or other disruptions. 2. Traffic Impacts. The application shall demonstrate how the proposed project will impact truck and automobile traffic to and from such uses and their impacts to areas in the County. 3. Sufficient Separation. Sufficient distances shall separate such use from abutting property that might otherwise be damaged by operations of the proposed use(s). 4. Site Rehabilitation. The application shall provide a plan for site rehabilitation after the use is terminated. 5. Financial Security. The BOCC may deem necessary a financial security before a land use permit is issued. The Applicant shall then furnish evidence of financial security payable to, in a fashion acceptable, and in the amount calculated by the BOCC. The financial security shall be adequate to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the BOCC. 6. Compliance with Sound Standards. The application shall demonstrate that the facility shall be able to comply with the volume of sound standards set forth in the Colorado Revised Statutes. 7. Operations. The application shall demonstrate how the proposed facility will be operated so that it does not emit heat, glare, radiation, or fumes that substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. 8. Repair and Maintenance. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors, or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 7:00 a.m. to 7:00 p.m. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-93 9. Lighting. Any lighting of the facility shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. 10. Dimensional Standards. Such facilities shall not result in any structure exceeding the maximum height limit, setbacks, or lot coverage of the applicable zone district in which it is located. B. Solar Energy Systems, Accessory. These additional standards apply to Accessory Solar Energy Systems: 1. Building-Mounted System. a. The solar energy system components must be mounted as flush to the roof or structure as practicable. b. The building-mounted solar energy system may not exceed the roofline for pitched roofs. c. Solar collectors installed on flat roofs may be raised up to 6 foot above the height of the building and shall have a 3-foot setback from the edge of the roof. 2. Ground-mounted System. a. A ground-mounted system must meet the minimum setbacks of the zoning district and shall be located fully within the building envelope, if a Building Envelope exists. b. The height of the solar energy system shall not exceed 15 feet. c. The total area of the ground-mounted solar energy system shall not exceed 10% percent of the lot's gross area. 3. Size of the system(s) is limited to less than a combined 15kW-rated nameplate DC capacity to include equivalent kW measurement of energy for systems other than photovoltaics. SECTION 7-1203. TELECOMMUNICATIONS FACILITIES. A. Shared Facilities. Shared use/co-location of wireless communication facilities on existing structures, towers, or buildings in a manner that precludes the need for the construction of a freestanding structure of its own shall be utilized unless it can be demonstrated to the satisfaction of the BOCC that shared use/co-location is not feasible or practical. B.A. New Towers and Facilities. No new transmission tower or facility shall be permitted unless the Applicant demonstrates to the satisfaction of the County that no existing tower, structure, or utility facility can be used by the Applicant. To gain approval to construct a new transmission tower or facility, the Applicant must demonstrate that: 1. No existing transmission tower, facility, or utility structure is located within a distance which meets the Applicant’s engineering requirements; 2. No existing transmission tower, facility, or utility structure is located within a distance which meets the Applicant’s engineering requirements and which has sufficient structural strength or space available to support the Applicant’s Telecommunication Facility and related equipment; GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-94 3. The Applicant’s proposed Telecommunication Facility will not cause unreasonable electromagnetic or other interference with the antennas on existing towers, structures, or utility structures or the antennas of existing transmission towers, facilities, or utility structures or that such existing facilities would interfere with the Applicant’s uses such that co-location is not possible; or 4. No owner of existing towers, structures, or utility structures, within a distance that meets the Applicant’s engineering requirements, will allow the Applicant to place its Telecommunication Facility thereon. C.B. Structural and Engineering Standards. The Applicant shall submit evidence concerning structural and engineering standards prepared by a qualified professional engineer licensed by the State of Colorado. The safety of the property and the neighborhood shall be protected. D. Interference. Every transmission tower and Telecommunication Facility shall meet the regulations of the Federal Communications Commission (FCC) regarding physical and electromagnetic interference. E. Health Standards. Transmission towers and Telecommunication Facilities shall meet applicable health and safety standards for electromagnetic field (EMF) emissions as established by the FCC and/or any other Federal or State agency having jurisdiction. F.C. Public Utility Structures. Transmission towers or Telecommunication Facilities mounted on existing structures of public utilities that have a franchise or other written permission from the County and useconcealed transmission towers and Telecommunication Facilities are permitted in all nonresidential zoning districts, unless otherwise specified by this Code. The County may approve the placement, extension, or replacement of a transmission tower or Telecommunication Facility on an existing Public Utility structure up to 50 feet above the highest point on the same; the County may waive public notice and other submittal requirement if the Director believes that the public interest will not be harmed by such a waiver. G.D. Design, Materials, and Color. Transmission towers and Telecommunication Facilities shall be designed and maintained to minimize visual impact, carry gravity and wind loads required by law, and concealment or stealth methods, such as camouflaging transmission towers to look like light poles or trees are encouraged. At a minimum, the transmission towers and facilities shall meet the following design standards: 1. Architecturally integrated with existing buildings, structures, and landscaping, including height, color, style, massing, placement, design, and shape. 2. Located on existing vertical infrastructure such as utility poles and public building or utility structures. 3. Roof-mounted antennas shall be located as far away as feasible from the edge of the building. Antennas attached to the building should be painted or otherwise treated to match the exterior of the building. 4. Equipment shelters and antennas shall not extend more than 10 feet from the top of the building unless expressly approved by the County. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-95 5. Located in areas where the existing topography, vegetation, buildings, or other structures provide screening. H. Landscaping and Screening. The property on which a Telecommunication Facility or tower is located shall be landscaped and screened, in accordance with the following standards: 1. A free-standing transmission tower or Telecommunication Facility shall include landscaping planted and maintained according to a landscaping plan approved by the County. 2. A free-standing transmission tower or Telecommunication Facility shall be surrounded by a 6-foot high wall or fence or other suitable buffer yard. Chain link with slats shall not constitute acceptable fencing and shall not satisfy the screening requirement. I.E. Lighting and Signage. Only lighting required by a Federal agency is allowed. Only signage that is required by State or Federal law is allowed. No advertising shall be permitted. J. Facility Equipment Buildings or Cabinets. Exterior tower or Telecommunication Facility equipment building(s) or cabinet(s) shall not contain more than 400 square feet of gross Floor Area, shall not be more than 12 feet in height, and shall maintain the minimum setback, landscaping, and screening requirements of the zone in which it is located. K.F. Modification or Demolition. Any transmission tower or Telecommunications Facility being modified, demolished, or rebuilt shall be in compliance with the standards adopted in this Code. L.G. Maintenance. Every owner of a transmission tower or Telecommunications Facility shall take special care to operate, repair, and maintain all such facilities so as to prevent failures and accidents that cause damage, injuries, or nuisances to the neighborhood and public. All wires, cables, fixtures, and other equipment shall be installed in compliance with the requirements of the National Electric Safety Code and all FCC, FAA, State and local regulations, and in such a manner that will not interfere with radio communications, electronic transmissions, or all other electromagnetic communications or otherwise cause a safety hazard. M. Abandonment. The wireless Telecommunication Facility owner shall remove all wireless Telecommunications Facilities that are not in use for any 6-month period, within 3 months of the end of such 6-month abandonment. As a part of such removal, the owner shall revegetate the site so that it is compatible with the neighborhood. The BOCC shall only determine abandonment after the owner has had notice and an opportunity to be heard. N.H. Federal Aviation Agency Form. The Applicant shall submit FAA Form 7460-1, Notice of Proposed Construction or Alteration, except that such form shall not be required for the following: 1. An amateur radio antennae, if owned and operated by a federallylicensed amateur radio operator or used exclusively for a receive-only antennae; GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-96 2. Any existing tower and antennae provided a Building Permit was issued for a tower or antennae prior to the adoption of this Code; 3. Any emergency telecommunications facilities used exclusively for emergency services including, but not limited to, police, fire, and operation of governmental entities; and 4. Any antennae used for FCC licensees engaged in AM, FM, or television broadcasting. O.I. Telecommunications Act. All Telecommunications Facilities shall comply with the standards of this Code, all applicable standards of the Federal Telecommunications Act of 1996, and all applicable requirements of the FAA. SECTION 7-1204. WATER RESERVOIR. A. Location and Lot Size. A Water Reservoir shall not be required to be located on a separate lot or comply with the minimum lot size requirement for the zone district in which it is located. B. Agricultural Water Reservoir. A Water Reservoir used primarily for agricultural purposes such as stock water ponds, irrigation reservoirs, and fish farms is not subject to regulation. DIVISION 13. ADDITIONAL STANDARDS FOR ACCESSORY USES.17 SECTION 7-1301. ACCESSORY USE. The following shall apply to all Accessory Buildings or Structures. A. Accessory Building. The rear yard setback of aAn Accessory Building may be reduced to the following distance so long as located within the required rear yard setback provided they meet sight triangularation standardssight triangle standards are met. and the requirements in Table 7-1301 A. Table 7-1301 A: Accessory Building Setbacks Minimum Setback Zone Districts Rear All Districts 7.5 Feet All Districts Abutting an Alley 10 Feet B. Accessory Structure. Accessory Structures including fences, hedges, and walls may be located within any required yard setback provided the requirements in Table 7-1301 B they meetand sight triangle ulartion standards and the requirements in Table 7-1301 B.are met. 17 All accessory uses should be recategorized into the “general use type” e.g. Commercial, residential, etc Table 7-1301 B: Accessory Structures (Fence, Hedge and Wall) Heights Maximum Height Zone District Front Yard Side Yard Rear Yard “Agricultural Lands” Within R, RL‐P, RL‐E, RL‐TS and RL‐GS1 8 Feet2 8 Feet2 8 Feet2 R‐S, R‐U and RMHP 3 Feet 6 Feet 6 Feet GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-97 SECTION 7-1302. ACCESSORY DWELLING UNIT, ACCESSORY. 18 A. Maximum Floor Area. The Floor Area shall not exceed 1,500 square feet for a lot less and 4 acres. The Floor Area shall not exceed 3,000 square feet for any lot 4 acres or greater.. B. Compliance with Covenants and HOA Approval Requirements. The ADU shall be allowed by covenants or approved by the Homeowner Association, as applicable. C. Ownership Restriction. An ADU shall be restricted to leasehold interest in the dwelling unit and shall be for Residential Use and Home Office/Business Use only. D. Compliance with Building Code. Construction shall comply with the standards set forth in this Code and with Building Code requirements. E. Minimum Lot Area. 2 acres or twice the minimum lot size for zone districts with a minimum lot size less than 2 acres. F. Entrance to Dwelling Unit. A separate entrance to the Accessory Dwelling Unit shall be required. SECTION 7-1303. AGRICULTURAL RETAIL SALES, ACCESSORY A. Product Type. Products are grown on site, are raw and sold on a seasonal basis, with no permanent structure. B. Not for Resale. Products are not purchased for purpose of resale. SECTION 7-1304. HOME OFFICE/BUSINESS. A. Activities Incidental and Secondary. The primary residence of the person(s) conducting the Home Office/Business located on the property, and all Home Office/Business activities, shall remain incidental and secondary to the use of the property for residential purposes. 1. The amount of space used for the Home Office/Business activity, including any storage, shall not exceed 25% of the total amount of building square footage contained on the property. 18 Change Article 16 definition to reflect this renaming. C‐L, C‐G, I and PL 6 Feet2 6 Feet2 6 Feet2 Notes: 1 “Agricultural Lands” as defined in C.R.S. § 39‐1‐102(1.6)(a)(IV), as amended. 2 Structures proposing to exceed the Maximum Height may be erected if reviewed and approved through an Administrative Review (Section 4‐103) where the structure: a. is required to maintain the agricultural use contemplated or existing within the property; b. does not in any manner adversely impact the operation of any adjacent public right‐of‐way or roads; c. does not adversely impact the natural lighting or visual corridor of adjacent properties; and d. will not obstruct critical traffic areas along roadways. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-98 2. This provision does not apply to home day care. 3. The use shall not have the appearance of a Commercial Use. B. Activity Located with Primary Residence. At all times the activity shall be located on the same lot as the primary residence of the person conducting the Home Office/Business. C.B. Activity Contained. The activity shall be contained within a closed building. D.C. Provision of Mandatory Parking Spaces. The location of the Home Office/Business shall not interfere with the provision of mandatory parking spaces for that property. E.D. Activities Conducted by Resident. All Home Office/Business activities must be conducted by the person(s) who reside at the location. The activity may be supported by no more than 1 person living off site, such as an employee, independent contractor, officer, agent, partner, volunteer, or any person serving in any other capacity for the benefit of the Home Office/Business. F.E. Disturbances. The Home Office/Business activity shall not result in any objectionable noise, fumes, dust, or electrical disturbance, or increase in traffic.. G. Increased Traffic Volumes. The Home Office/Business activity shall not result in any increase in traffic volumes in the immediate neighborhood. H.F. Storage. All storage shall meet the requirements for storage, set forth in Section 7-1101.C, Concealing and Screening. I. Pick-up or Delivery. Any customer pick-up or delivery associated with a Home Office/Business activity must be at a designated point outside of the dwelling unit. J.G. Display of Goods and Retail Sales. No Home Office/Business activity may include any window or outdoor display of goods, any stock in trade, or any other commodities. No Home Office/Business activity may conduct retail sales on the premises. K.H. Signage. There shall be no signs advertising a Home Office/Business. DIVISION 14. ADDITIONAL STANDARDS FOR TEMPORARY USES AND STRUCTURES. SECTION 7-1401. TEMPORARY HOUSING FACILITIES, MAJOR A. Applicability. At times of severe housing shortage, extremely remote locations, or other emergency conditions, major impact permits for Major Temporary Employee Housing Facilities in the nature of Factory Built Nonresidential Structures [as defined under C.R.S. § 24-32- GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-99 3302(9), as amended] and/or Recreational Vehicles [as defined under C.R.S. § 42-1-102(61), as amended with the addition that such truck, truck tractor, motor home, or camper trailer is being used for temporary living quarters and not recreational purposes] may be granted for projects within Garfield County related to commercial, industrial, mineral extraction, or highway operations of substantial size in any zone district by the BOCC through the major impact permit process. Such housing shall be of a temporary nature. At the expiration of the permit, the lands shall be restored and all housing structures and associated infrastructure shall be removed. Review of the permit shall be subject to Section 4-105 of this Code. All major impact permits for Centralized Employee Housing/Major Temporary Employee Housing Facilities are subject to all applicable Building Code, State and Federal permit requirements, fire protection district requirements, and fire code requirements. Major Temporary Employee Housing Facilities shall have at least 1 of the following basic characteristics:19 1. Are contained in Factory Built Nonresidential Structures [as defined under C.R.S. § 24-32-3302(9), as amended] 2. Are for projects within Garfield County related to commercial, industrial, mineral extraction, or highway operations of substantial size in any zone district. 1.3. The Major Temporary Employee Housing Facilities or any associated infrastructure (including ISDS) (“Major Facility(ies)”) is not completely contained within a State or Federally-regulated parcel (such as a COGCC approved oil/gas well pad) in which reclamation and revegetation standards are guaranteed by contract with the permitting agency; 2.4. The Major Facilities are to be temporary in nature and located at the Permitted Site for more than a cumulative of 1 year; or 3.5. The Major Facility has occupancy of 25 people or more who are employees, contractors, or subcontractors of the operator of the Major Facility and are supporting the proper execution and safety of the related commercial, industrial, extraction, or highway operations. B. Review Process. Review of the permit shall be subject to a Major Impact Review pursuant to Section 4-105 of this Code. C. Additional Standards. B.D. Adequate Site Plan. 1. The Temporary Employee Housing operator shall submit an adequate Site Plan, consistent with Section 4-203.D. 2. The Temporary Employee Housing operator shall provide a detailed map and GPS coordinates to the Sheriff’s Office and the relevant fire protection district which is sufficient for emergency response purposes, including location of the temporary employee housing site; private and public roadways accessing the site, marked as open, gated and/or locked; and detailed directions to the site from a major public right-of-way. The map is subject to approval by the Sheriff’s Office and relevant fire protection district. 19 “applicability can be added to Definitions in Article 16 and removed from this section. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-100 C.E. Water Systems. Water systems must comply with all applicable State and local laws and regulations. 1. All potable water systems shall include a meter and records shall be kept to monitor the daily usage. 2. For sites where potable water is hauled to Operators shall: a. Keep appropriate records, to be provided to the County upon request to demonstrate that water supplied to a site is from an approved source and that wastewater is disposed at an approved facility. b. For water facilities not permitted by the CDPHE, the Operator must conduct monthly tests (or quarterly if an on-site disinfection system is installed) and maintain records of potable water samples specific for coli form. Any tests indicating coli form contamination must be disclosed to the County Board of Health or designee. c. Water systems facilities permitted by the CDPHE must obtain all necessary State permits or demonstrate that applications for any necessary permits have been submitted prior to an application being determined complete by the County. d. Maintain continuous conformance to State regulations at all times during operation. 3. In no case shall unsafe water be used for drinking nor shall raw sewage or used water be discharged on the ground surface. D.F. and Wastewater Systems. 1. Water and wWastewater systems proposed to service temporary employee housing must comply with all applicable State and local laws and regulations. 1.2. In addition, all sWaste water may be ewage must be disposed of using either an on-site using an ISDS or a vault-and-haul system. A vault-andhaul system must demonstrate the following: unless the Temporary Employee Housing operator can provepermits a wastewater system: i. That, at the discretion of the County Board of Health, an ISDS system is not feasible due to environmental, topographic, or engineering conditions where the temporary housing is to be located; or a. That, at the discretion of the County Board of Health, Yyear-round access is available and maintained for safe and regular access for sewage hauling vehicles. In addition, the following conditions must be met: b. The Ooperator canmust demonstrate and guarantee an arrangement for hauling sewage; c. The Temporary Employee HousingThe Ooperator willmust maintain all records including but not limited to trip logs/reports and landfill receipts; d. TheAll sewage disposal records willmust be maintained as public records to be available to the County and/or any other interested third party upon request; GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-101 e. The facilityTemporary Employee Housing will must not exceed a cumulative of 1 year at thean approved location; f. These facilityies has been shall be designed to accommodate 75 gallons of wastewater per person per day or in an amount derived from engineered calculations taken from metered usage rates at a similar facility which has been reviewed and approved by the County; and g. If the total waste production from a facility will be 2,000 gallons per day or greater based on a production of 75 gallons of wastewater generation per person per day, then the facility shall be serviced by an ISDS installed as per State standards. Hauled sewage and wastewater service shall not be permitted for any facility which will generate a total of 2,000 gallons or greater of wastewater and sewage per day. E. One-Mile Spacing. Major Facilities must be related to 1 or more commercial, industrial, mineral extraction, or highway operation locations and shall be limited to a spacing of at least 1 mile between Major Facility(ies), regardless of land ownership or operator. Major impact permits for Temporary Employee Housing Facilities for oil and gas extraction purposes in the Resource Lands Zoning District may be exempted by the BOCC from the 1-mile spacing if the operator can prove that the housing structures and all supporting infrastructure will be contained within a COGCC-approved well pad and there will be no new additional land disturbance outside of a COGCC-approved well pad area. If the Temporary Employee Housing operator is applying for a major impact permit for Major Facility(ies) on an approved COGCC-well pad, the Temporary Employee Housing operator must provide the relevant approved APD permit indicating housing location(s) along with the application for a major impact permit for Major Facility(ies) . F. Maximum Allowable Length of Time. The maximum allowable time length of the major impact permit for Major Temporary Employee Housing Facilities is 1 year. For good cause shown, the permit may be renewed annually in a Public Meeting with notice by agenda only. Annual renewal review shall be based on the standards herein, as well as all conditions of the permit. A permit may be revoked any time through a Public Hearing called up by staff or the BOCC. By way of example and not limitation, continued nonavailability of a permanent housing inventory or the nature of the construction or extraction project may constitute “good cause” for renewal. The Temporary Employee Housing operator must provide an estimated total cumulative length of time the Major Facility will be at the proposed location along with a statement of intentions to request renewal past the 1 year expiration date as part of the major impact permit for a Major Facility application. Failure to provide a statement of intention for renewal will prohibit the major impact permit for a Major Facility permit from future renewal consideration. G. Authorized Site. Temporary housing shall be located at a site authorized by the BOCC and identified on the Site Plan. H. Inhabitants. Inhabitants of the Major Facility shall be Temporary Employee Housing operator’s employees and/or subcontractors, working on the related construction or mineral extraction operation, and not dependents of employees, guests or other family members. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-102 1. If there is suitable permanent housing inventory available in an area near the commercial, industrial, highway project, or mineral extraction operation, as determined at the discretion of the BOCC, the major impact permit for Major Temporary Employee Housing Facilities shall not be granted. I. Clean, Safe and Sanitary Condition. Major Facilities shall be maintained in a clean, safe, and sanitary condition, free of weeds and refuse. Any hazardous or noxious materials that must be stored on site for operational or security reasons must be managed in accordance with all applicable Federal, State, and local laws and regulations. J. Fire Protection General Requirements. 1. Provisions for shall be made for giving alarm in case of fire and fire suppression shall be installed per adopted fire codes and as required by the fire protection district... It shall be the responsibility of the dulyauthorized attendant or caretaker to inform all employees about means for summoning fire apparatus, Sheriff’s Office and resident employees. All fires are subject to § 307 of the 2003 International Fire Code (IFC) or subsequent adopted fire codes including, but not limited to, permits, attendance, open fires, coal grills, fire bans, and bon fires. One or more approved extinguishers of a type suitable for flammable liquid or electrical fires (Class A, Class B, and Class C), carbon dioxide or dry chemical, shall be located in an open station so that it will not be necessary to travel more than 75 feet to reach the nearest extinguisher. A water storage tank shall be required to provide water to the sprinkler system and initial suppression activities. The size of the water tank shall be determined based on sprinkler calculations and initial suppression demands. 2.1. Manufactured Home or Recreational Vehicle units equipped by the manufacturer with a fire sprinkler system, fire detection system, and/or alarm system shall be inspected, tested, and maintained in accordance with 2003 IFC § 901.4 and § 901.6 or subsequent adopted fire codes and as required by the relevant fire protection district(s). Smoke alarms and manual fire alarm systems shall be installed, inspected, and maintained in all other Manufactured Home or Recreational Vehicle units in accordance with 2003 International Fire Code (IFC) § 907.2.9 and § 907.2.10 or subsequent adopted fire codes and the requirements of the relevant fire protection districts. 3.2. Single-station carbon monoxide alarms shall be placed in each Manufactured Home or Recreational Vehicle unit. K. Trash and Food Storage. Wildlife-proof refuse containers must be provided for trash. At least one 30-gallon (4 cubic feet) container shall be provided for each unit or the equivalent in a central trash collection facility. Said container(s) must be durable, washable, nonabsorbent metal or plastic with tight-fitting lids. Refuse shall be disposed of not less than once weekly. Outdoor food storage is prohibited unless facilities that prevent the attraction of animals to the Major Facility site are provided. L. Notification of Site Development. If a major impact permit for Major Facilities is granted, the Temporary Employee Housing operator shall notify the County when site development begins. The Temporary GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-103 Employee Housing operator shall verify in writing, by Site Plan and through photo documentation, that the site, water system, and sewage disposal system were designed, installed, and inspected in accordance with the said limited impact permit and comply with all applicable regulations, permits, and conditions. All written documentation and Site Plans verifying compliance must be stamped by a certified Colorado engineer. The County also reserves the right to inspect a site, without notice, to assess compliance with the major impact permit for Major Facilities. A determination of noncompliance with any major impact permit for Major Temporary Employee Housing Facilities, or condition approval thereof, is grounds for revocation or suspension of said permit. M. No Domestic Animals Allowed. No domestic animals shall be allowed at Major Temporary Employee Housing Facilities or on Permitted Sites. N. Reclamation and Revegetation Plan. At the expiration of the permit, the lands shall be restored and all housing structures and associated infrastructure shall be removed. The Temporary Employee Housing operator shall submit as part of the major impact permit for Major Temporary Employee Housing Facilities, a reclamation and revegetation plan authorized by the landowner for each specific site. An applicant may request waiver of this Plan submission and this Standard as part of the application, pursuant to Section 4-117 and Section 4-202. 1. Debris and waste materials including, but not limited to, structures, concrete, footings, sewage disposal systems, and related infrastructure, water storage, and related distribution infrastructure, roads, and other sand, plastic, gravel, pipe, and cable shall be removed. All pits, cellars, and other holes will be backfilled as soon as possible after all equipment is removed to conform to surrounding terrain. All access roads to the site and associated facilities shall be closed, graded, and recontoured. Culverts and any other obstructions that were part of the access road(s) shall be removed. Upon closure of a camp facility, wastewater tanks shall be completely pumped out and either crushed in place, punctured and filled with inert material, or removed. Any waste material pumped from a wastewater tank or waste debris from tank removal must be disposed of at an approved facility that is permitted by CDPHE and/or the County to receive said wastes. 2. Materials may not be burned or buried (other than ISDS) on the premises. All disturbed areas affected by Major Temporary Employee Housing Facilities or subsequent operations shall be reclaimed as early and as nearly as practicable to their original condition and shall be maintained to control dust, weeds, and minimize erosion. As to crop lands, if subsidence occurs in such areas additional topsoil shall be added to the depression and the land shall be re-leveled as close to its original contour as practicable. Reclamation shall occur no later than 3 months after the major impact permit for Major Temporary Employee Housing Facilities expires or is revoked unless the Director or designee extends the time period because of conditions outside the control of the Temporary Employee Housing operator. 3. All areas compacted by Major Temporary Employee Housing Facilities site and subsequent operations shall be cross-ripped. On crop land, such compaction alleviation operations shall be undertaken when the soil moisture at the time of ripping is below 35% of field capacity. Ripping GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-104 shall be undertaken to a depth of 18 inches unless and to the extent bed rock is encountered at a shallower depth. 4. When a Major Temporary Employee Housing Facilities site is removed, all disturbed areas will be restored and revegetated as soon as practicable. For disturbed areas not regulated by the COGCC, the following regulations will apply: a. Revegetation of crop lands. All segregated soil horizons removed from crop lands shall be replaced to their original relative positions and contour, and shall be tilled adequately to reestablish a proper seedbed. The area shall be treated if necessary and practicable to prevent invasion of undesirable species and noxious weeds, and to control erosion. Any perennial forage crops that were present before disturbance shall be reestablished. b. Revegetation of noncrop lands. All segregated soil horizons removed from noncrop lands shall be replaced to their original relative positions and contour as near as practicable to achieve erosion control and long-term stability, and shall be tilled adequately in order to establish a proper seedbed. The disturbed area then shall be reseeded in the first favorable season. Reseeding with species consistent with the adjacent plant community is encouraged. In the absence of an agreement between the Temporary Employee Housing operator and the affected surface owner as to what seed mix should be used, the Temporary Employee Housing operator shall consult with a representative of the local soil conservation district to determine the proper seed mix to use in revegetating the disturbed area. c. During occupation and reclamation operations, all disturbed areas shall be kept free of Garfield County and State of Colorado List A and B noxious weeds. 5. Successful reclamation of the site and access road will be considered completed when: a. On crop land, reclamation has been performed as pursuant to Section 7-1401.L.4.a. and observation by the Director or designee over 2 growing seasons has indicated no significant unrestored subsidence. b. On noncrop land, reclamation has been performed pursuant to Section 7-1402.L.4.b. and the total cover of live perennial vegetation, excluding noxious weeds, provides sufficient soils erosion control as determined by the Director through a visual appraisal. The Director or designee shall consider the total cover of live perennial vegetation of adjacent or nearby undisturbed land, not including overstory or tree canopy cover, having similar soils, slope, and aspect of the reclaimed area. c. A final reclamation inspection has been completed by the Director or designee, there are no outstanding compliance issues relating to the County rules, regulations, orders, or permit conditions, and the Director or designee has notified the Temporary Employee Housing operator that final reclamation has been approved. 6. Specifically as to revegetation, the Temporary Employee Housing operator shall provide security for revegetation of disturbed areas in amount and in accordance with a plan approved by the County GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-105 Vegetation Management Department. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the standards in the County Vegetation Management Plan. O. Expiration or Revocation of Land Use Change Permit. Upon expiration of the Land Use Change Permit, a Certificate of Occupancy shall be null and void. Upon revocation of the Land Use Change Permit, a Certificate of Occupancy shall be revoked. P. Additional Conditions of Approval. In evaluating a request for a major impact permit for Major Temporary Employee Housing Facilities, the BOCC may require compliance with additional conditions of approval as may be needed to ensure the health, safety, and welfare of the public. SECTION 7-1402. TEMPORARY EMPLOYEE HOUSING FACILITIES, MINOR A. Applicability. Minor Temporary Employee Housing Facilities, in the nature of Factory Built Nonresidential Structures [as defined under C.R.S. § 24-32-3302(a), as amended] and/or Recreational Vehicles [as defined under C.R.S. 42-1-102(61), as amended, with the addition that such truck, truck tractor, motor home, or Camper Trailer is being used for temporary living quarters and not recreational purposes] may be granted land use approval for projects related to commercial, industrial and mineral extraction operations by the Director, through the minor permit process. Such housing shall be of a temporary nature, and at the expiration or other termination of the minor permit, all structures, foundations, and associated infrastructure shall be completely removed. Such facilities are subject to all applicable requirements of Garfield County building and fire codes, State and Federal permits and relevant fire protection district(s) fire code requirements. Minor Facilities shall comply with this Code. Minor permits shall have all of the following basic characteristics: 1. Are Factory Built Nonresidential Structures [as defined under C.R.S. § 24-32-3302(a), as amended] 2. Are for projects related to commercial, industrial and mineral extraction operations 2.3. The Minor Temporary Employee Housing Facility and any associated infrastructure (“Minor Facility(ies)”) must be completely contained within a State or Federally permitted parcel (i.e. COGCC-approved oil/gas well pad) in which reclamation and revegetation are secured with the permitting agency (Permitted Site); 3.4. The Minor Facility is Temporary in nature and located at the Permitted Site for less than a cumulative of 1 year; and may be granted up to 2 oneyear extensions. 4.5. The Minor Facility shall have occupancy of 9 to 24 people who are employees, contractors, or subcontractors of the operator and are supporting the proper execution and safety of the related commercial, industrial, extraction, or highway operations. B. Review Process. Subject to review pursuant to Section 4-107of this Code. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-106 B.C. Federal, State and Local Laws and Regulations. Minor Facilities must comply with all applicable Federal, State and local laws and regulations. C.D. Notification of Facility Installation and Removal. The Sheriff’s Office and relevant fire protection district(s) must be notified at least 24 hours prior to installation and removal of each Minor Facility. The Department shall be copied on all such notification, whether hard copy or electronic. E. Water and Wastewater Systems. Shall comply with standards set forth in Section 7-1401.E. F. Wastewater Systems. Shall comply with standards set forth in Section 7-1401.F. 1. Operator must keep and maintain appropriate records, to be provided to the County or any interested third party upon request, to demonstrate that potable water supplied and sewage and wastewater meet the representations contained within the application, as required. 2. In no case shall unsafe water be used for drinking nor shall raw sewage or contaminated water be discharged on the ground surface. The operator shall conduct monthly tests (or quarterly if an on-site disinfection system is installed) and maintain records of potable water samples specific for coli form bacteria. Any tests indicating coli form contamination must be disclosed to the Garfield County Board of Health or designee within 72 hours from the time the contaminated water was tested. 3. Wastewater Disposal. a. Vault System. All vault systems shall be designed and installed to accommodate the maximum number of persons, identified within the minor permit application, who will inhabit the Minor Facility. In addition, all vault systems shall be equipped with an overflow alarm device. Vault systems shall be designed to accommodate a minimum of 75 gallons of wastewater per person per day. If a vault system is proposed or has been approved, the Temporary Employee Housing operator shall: (1) Demonstrate that year-round vehicular access is available and maintained for safe and regular access for sewage hauling vehicles. (2) Provide a copy of the contract for hauling sewage. (3) Maintain all sewage disposal records, including but not limited to trip logs/reports and landfill receipts as public records, available to the County and/or any other interested third party upon request. (4) If the total waste production from a facility will be 2,000 gallons per day or greater based on a production of 75 gallons of wastewater generation per person per day, then the facility shall be serviced by an ISDS installed as per State standards. Hauled sewage and wastewater service shall not be permitted for any facility which will generate a total of 2,000 gallons or greater of wastewater and sewage per day. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-107 b.a. Individual Sewage Disposal System (ISDS): If an ISDS is proposed or has been approved, then it shall be designed, installed, and operated to accommodate the maximum number of persons who will inhabit the Minor Facility and shall otherwise be operated in accordance with the County ISDS regulations. D.G. Clean, Safe, and Sanitary Condition. Minor Facilities shall be maintained in a clean, safe, and sanitary condition, free of weeds and refuse. Any hazardous or noxious materials that must be stored at the Minor Facility for operational or security reasons must be managed in accordance with all applicable Federal, State and local laws and regulations. E.H. Trash and Food Storage. At least one 30 gallon (4 cubic feet) A Wwildlife-proof refuse container shall be provided for each Factory Built Nonresidential Structure. or Recreational Vehicle unit. Said container(s) must be durable, washable, nonabsorbent metal or plastic with tight-fitting lids. Refuse shall be disposed of weekly, at a minimum. Operators must keep appropriate records, to be provided to the County or any interested third party upon request, to demonstrate that refuse is collected in a timely fashion and disposed of at a licensed facility. Outdoor food storage is prohibited unless facilities that prevent the attraction of animals to the Minor Facility are provided. F.I. Fire Protection. 1. Provisions for giving alarm in case of fire and fire suppression shall be installed per adopted fire codes and as required by the fire protection district... Factory Built Nonresidential Structures or Recreational Vehicle units equipped by the manufacturer with a fire sprinkler system, fire detection system, and/or alarm system shall be inspected, tested, and maintained in accordance with 2003 IFC § 901.4 and § 901.6 or subsequent adopted fire code and as required by the relevant fire protection district(s). 2. Smoke alarms and manual fire alarm systems shall be installed, inspected, and maintained in all other factory-built nonresidential structures or Recreational Vehicle units in accordance with 2003 International Fire Code (IFC) § 907.2.9 and § 907.2.10 or subsequent adopted fire code and the requirements of the relevant fire protection districts. 3. Single-station carbon monoxide alarms shall be placed in each factorybuilt nonresidential structure or Recreational Vehicle unit. 4. One or more approved fire extinguisher(s) of a type suitable for flammable liquids, combustible materials and electrical fires (Class A, Class B, and Class C), or dry chemical, shall be located in each factorybuilt nonresidential structure or Recreational Vehicle unit and placed in accordance with applicable codes. 5. A water storage tank shall be required to provide water to the sprinkler system and initial suppression activities. The size of the water tank shall be determined based on sprinkler calculations and initial suppression demands. The size of the water storage tank shall be determined by the relevant fire protection district. If the Minor Facility is located outside the boundaries of a fire protection district, than each Minor Facility shall have at least 1 water storage tank with a minimum of 2,500 gallons of water for GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-108 initial fire suppression, operation of sprinkler systems (if applicable) and wild land fire protection. 6. All emergency situations requiring action by any government agency or fire protection district shall be documented in writing and presented to the Building and Planning Department and Sheriff’s Office within 24 hours of the occurrence. G. Inhabitants. 1. Inhabitants of the Minor Facility shall be Temporary Employee Housing operator’s employees and/or subcontractors working on the related commercial, industrial, or mineral extraction operation, and not dependents of employees, guests or other family members. 2. The operator shall maintain records identifying workers, whether employees or subcontractors, and documenting the dates that each worker is housed at the Minor Facility. Such records shall be provided to the County or any additional third party upon request. H.J. No Domestic Animals Allowed. No domestic animals are allowed at a Minor Facility. I. Access Permits Required. All required Access Permits shall be obtained from the County Road and Bridge Department or the CDOT.20 J.K. Removal of Facility. Within 10 days following the expiration or other termination of the minor permit or represented date of removal identified within the minor permit, all housing structures, foundations, and associated infrastructure shall be completely removed. The operator shall provide the Director with photos, dated and signed by the operator’s compliance officer, indicating that all housing structures, foundations and associated infrastructure has been removed within the specified timeframe. SECTION 7-1403. TEMPORARY EMPLOYEE HOUSING FACILITIES, SMALL A. Applicability.21 Small Facilities, in the nature of Factory Built Nonresidential Structures [as defined under C.R.S. § 24-32-3302(a), as amended] but not Recreational Vehicles [as defined under C.R.S. § 42-1-102 (61), as amended, including truck, truck tractor, motor home, or Camper Trailer], may be utilized for housing of workers on projects related to commercial, industrial, mineral extraction, or highway operations, pursuant to the standards for Small Facilities. Small Facilities are subject to all pertinent State (i.e. electrical permits), Federal permits and relevant fire protection district(s) code requirements, but are not subject to County building and fire codes. Small Facilities shall have all of the following basic characteristics: 1. Are Factory Built Nonresidential Structures [as defined under C.R.S. § 24-32-3302(a), as amended] and Recreational Vehicles [as defined under C.R.S. § 42-1-102 (61), as amended, including truck, truck tractor, motor home, or Camper Trailer] 20 Already contemplated in 7-107. 21 Applicability requirements can be moved in Article 16 definitions. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-109 2. Are utilized for housing of workers on projects related to commercial, industrial, mineral extraction, or highway operations, 1.3. The Small Facility and any associated infrastructure must be completely contained within a State or Federally-permitted parcel (such as a COGCC-approved oil/gas well pad) in which reclamation and revegetation are secured with the permitting agency (Permitted Site); 2.4. The Small Facility is located at the Permitted Site for less than a cumulative of 1 year per utilization period. Aand at the end of the utilization period, all structures, foundations, and associated infrastructure shall beare completely removed; 3.5. The Small Facility shall have an occupancy of 8 or fewer people who are employees, contractors, or subcontractors of the operator of the small facility and are needed for onsite safety of the related commercial, industrial, extraction, or highway operation; and 4.6. The Small Facility shall not contain Recreational Vehicles as defined in Article 16. B. Notification of Occupation and Removal. The Small Facility Standards. Within 48 hours following occupation of the Small Facility, documentation shall be provided to the Building and Planning Department, Sheriff’s Office, and relevant fire protection districts that demonstrates and certifies compliance with the following standards. Notice shall also be provided to these entities within 48-hours following removal of a Small Facilities. C. General Information to be Provided. 1. The operator shall provide the location of the facility (section/township/range, relevant tax parcel number, and GPS coordinates or latitude/longitude coordinates); relevant zone district; maximum number of occupants; cumulative amount of time (in days) that the Small Facility will be at the specified location; identification of the State or Federal permitting agency overseeing reclamation, rehabilitation and revegetation of the Permitted Site and relevant permit number; date of installation; date of removal; name and contact information of the landowner; name and contact information of the operator’s compliance officer; 24-hour emergency contact information for the operator; building information (make, manufacture year, serial number, size (square feet)); signature, and contact information of the operator’s compliance officer. 2. The operator shall document all emergency situations requiring action by any government agency or fire protection district, in writing, and such documentation shall be presented to the Building and Planning Department within 24 hours of the occurrence. D. Federal, State and Local Laws and Regulations. Minor Small Facilities shallmust comply with all applicable Federal, State (i.e. electrical permits) and local laws and regulations (i.e. fire protection districts.).Small Facilities are subject to all pertinent State (i.e. electrical permits), Federal permits and relevant fire protection district(s) code requirements, but are not subject to County building and fire codes. E. Water System. Shall comply with standards set forth in Section 7-1401.E. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-110 F. and Wastewater Systems. Shall comply with standards set forth in Section 7-1401.F. 1. In no case shall unsafe water be used for drinking nor shall raw sewage or contaminated water be discharged on the ground surface. The operator shall conduct monthly tests (or quarterly if an on-site disinfection system is installed) and maintain records of potable water samples specific for coli form bacteria. Any tests indicating coli form contamination must be disclosed to the Garfield County Board of Health or designee within 72 hours from the time the contaminated water was tested. 2. Wastewater Disposal. a. Vault System: All vault systems shall be designed and installed to accommodate the maximum number of persons (8 or fewer individuals) who will inhabit the Small Facility. In addition, all vault systems shall be equipped with an overflow alarm device. Vault systems shall be designed to accommodate a minimum of 75 gallons of wastewater per person per day. If a vault system is proposed or has been approved, the operator must: (1) Demonstrate that year-round vehicular access is available and maintained for safe and regular access for sewage hauling vehicles. (2) Maintain all sewage disposal records, including but not limited to trip logs/reports and landfill receipts as public records, available to the County and/or any other interested third party upon request. b.a. Individual Sewage Disposal System (ISDS). If an ISDS is proposed, then it shall be designed, installed and operated to accommodate the maximum number of persons who will inhabit the Small Facility (eight or less individuals) and shall otherwise be permitted and operated in accordance with County ISDS regulations. E.G. Clean, Safe and Sanitary Condition. Each Small Facility shall be maintained in a clean, safe, and sanitary condition, free of weeds and refuse. Any hazardous or noxious materials that must be stored at the Small Facility for operational or security reasons must be managed in accordance with all applicable Federal, State and local laws, and regulations. F.H. Trash and Food Storage. At least one 30-gallon (4 cubic feet)A Wwildlife-proof refuse container shall be provided for each Factory Built Nonresidential Structure or Recreational Vehicle unit. Said container(s) must be durable, washable, nonabsorbent metal or plastic with tight-fitting lids. Refuse shall be disposed of weekly, at a minimum. Operators must keep appropriate records, to be provided to the County or any interested third party upon request, to demonstrate that refuse is collected in a timely fashion and disposed of at a licensed facility. Outdoor food storage is prohibited. G.I. Fire Protection. 1. Provisions for giving alarm in case of fire and fire suppression shall be installed per adopted fire codes and as required by the fire protection GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-111 district. Factory Built Nonresidential Structures equipped by the manufacturer with a fire sprinkler system, fire detection system, and/or alarm system shall be inspected, tested, and maintained in accordance with the requirements of the relevant fire protection district(s) and the Colorado Division of Housing. 2. Single-station carbon monoxide alarms shall be placed in each Factory Built Nonresidential Structure. 3. One or more approved fire extinguisher(s) of a type suitable for flammable liquids, combustible materials and electrical fires (Class A, Class B, and Class C), or dry chemical, shall be located in each Factory Built Nonresidential Structure and placed in accordance with applicable fire protection district and/or Colorado Division of Housing codes. 4.1. A water storage tank is required to provide water to the sprinkler system (if applicable) and initial suppression activities. The size of the water tank shall be determined based on sprinkler calculations and initial suppression demands. The relevant fire protection district shall be responsible for determining the size of the water storage tank. If the Small Facility is not within a fire protection district, the operator shall provide at least 2,500 gallons of water dedicated to initial fire suppression which is accessible with a dry hydrant within each Permitted Site. H.J. No Domestic Animals Allowed. Domestic animals are prohibited. at all Small Facilities. I.K. Access Permits Required. All required Access Permits shall be obtained from the County Road and Bridge Department or CDOT. J. Inhabitants. The operator shall maintain records identifying workers, whether employees, contractors, or subcontractors, and document the dates that each worker is housed at the Small Facility. Such records shall be provided to the County or any additional third party upon request. K.L. Third Party Inspection. The operator shall obtain a certification inspection conducted by a third-party professional engineer licensed in the State of Colorado. The certification shall verify that at the time of inspection the identified Small Facility meets or exceeds the requirements of this Section 7-1403.