HomeMy WebLinkAboutGeneral Conditions Regarding Fire ProtectionBnF-t5-277552 ab+a cled þ æø/t'?'azt -s
,7'1O9' FIRE PROTECflON.
A. Adequate Fire Protection.
Adequate fire protection will be provided for each land use change as required by the
appropriate fire protection district.
B. Subdivisions.
All divisions of land must be reviewed and approved by the appropriate fire protection
district for adequate primary and secondary access, fire lanes, water sources for fire
protection, fire hydrants, and maintenance provisions.
The following resource protection standards apply to all proposed Land Use Changes, including
divisions of land unless elsewhere in this Code a use is explicitly exempt from 1 or more
standards.
7 .'2A\. AGRICULTU RAL LAN D$.
A. No Adverse Effect 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
development on Agricultural Lands and agricultural operations, and maintain the
opportunity for agricultural production.
B. Domesfic 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.
The County is a Right to Farm County consistent with section 1-301. 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 separate
new development from adjoining agricultural operations. All parts of the fencing
including such items as gates, cattle guards, boards, posts, and wiring shall be
maintained by the owner, HOA, or other responsible entity
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 livesiock and crops.
E. Ditches.1. Colorado State Statutes, C.R.S. 37-86-102, provides that'"any person
owning a water right or conditional water right shall be entitled to a right-
of-way through the lands which lie between the point of diversion and
point of use or proposed use for the purpose of transporting water for
beneficial use in accordance with said water right or conditional water
right." A plat note shall be placed on all final plats and site plans for land
use change permits for properties that are impacted by, or contain,
irrigation ditches.
2. The Colorado Constitution Article XVl, Section 7 provides that all persons
and corporations shall have the right-of-way across public, private and
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DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS.
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corporate lands for the construction of ditches for the purposes of
conveying water for domestic, agricultural, mining, manufacturing and
drainage purposes upon just compensation.
Rights-of-Way. The land use change shall not interfere with the ditch
rights-of-way.
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.
Maintenance Easement. A maintenance easement shall be indicated on
any Final Plat for the division of land or for the final development plan for
any other land use. The Applicant shall provide a letter from the ditch
owner accepting that the development proposal will have no impact on
their ability to maintain the ditch and that an adequate mainlenance
easement is possible. No structure or fence shall be placed within the
right-of-way or easement without written permission from the appropriate
ditch owner.
Ditch Crossings. Ditch crossings shall respect the rights of ditch owne(s)
to operate and maintain their ditch without increased burden of
maintenance or liability. Development shall minimize ditch crossings. At
a minimum all irrigation ditch crossings shall:
a. Require the crossing be sized to not interfere with ditch operations
or change existing hydraulic flow characteristics;
b. Provide vehicle and maintenance equipment access to the ditch
from both sides of the ditch crossing from all roads for use by the
ditch owner(s);
c. Prior to permit application, or construction within the ditch right-of-
way the Applicant shall provide a letter from the ditch company
regarding agreement with standards contained in ihe proposed
crossing;
d. The BOCC may require specific improvements to ditch crossings if
determined to be necessary in the review process, particularly if
these improvements are required to address safety concerns;
Referral to Ditch Owner. Application for Division of Land or Land Use
Change Permit that may affect or impact any ditch right-of-way shall
include the name and mailing address of the ditch owner. (This
information may be obtained by contacting the Water Commissioner at
the Colorado Division of Water Resources to determine the ditch owner
for purposes of requesting review and comment on the development
proposal).
Drainage. Application for Division of Land or Land Use Change Permit
that includes any improvements located adjacent to or below grade of an
irrigation ditch shall address and mitigate potential impacts to the
irrigation ditch in a drainage plan. The drainage plan shall demonstrate
that the drainage will not impair operation of the ditch.
Water Quality and Stormwater Management. No development or
changes in land use shall channel surface waters into any irrigation ditch
without the written consent of the ditch owner.
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