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HomeMy WebLinkAboutLand Use Code Text - Regarding Waterbodies7.202. WILDLIFE HABITAT AREAS. The Applicant shall consult with the Colorado Parks and 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 Gontrols 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. 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 Parks and Wildlife. 2. When native vegetation must be removed within habitat areas, it shall be replaced with native and/or desirable nonnative vegetation capable of supporting post-disturbance land use. 3. Vegetation removed tô control noxious weeds is not required to be replaced unless the site requires revegetation to prevent other noxious weeds from becoming established. D. Habitat Gompensation. 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 Gontrols. The County may require protective covenants or deed restrictions as necessary to control domestic animals by fencing or kenneling. 7.203. PROTECTION OF WATERBODIES. A. Minimum Setback. 1. A setback of 35 feet measured horizontally from the Typical and Ordinary High Water Mark (TOHWM) on each side of a Waterbody is required. 2. ln the case of entrenched or incised streams, where the vertical distance from the bank exceeds 25 feet, all activities, except for those referenced in section 7-203.A.3, will adhere to a setback o'f 2.5 times the distance between the TOHWMs or 35 feet, whichever is less. 3. A minimum setback of 100 feet measured horizontally from the TOHWM shall be required for any storage of hazardous materials and sand and salt for use on roads. 7-9 Setback Setback ¡-Xigh Túator Fi*ure 7-203: Minirnl¡ln Se¡tback Oista¡rcE B. Structures Permitted ln Setback. lrrigation and water diversion facilities, flood control structures, culverts, bridges, pipelines, and other reasonable and necessary structures requiring some disturbance within the 35 foot setback may be permitted. C. Structures and Activity Prohibited in Setback. Unless otherwise permitted orapproved, the following activities and development shall be prohibited in the 35 foot setback:1. Removal of any existing native vegetation or conducting any activity which will cause any loss of riparian area unless it involves the approved removal of noxious weeds, nonnative species, or dead or diseased trees. 2. 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. D. Gompliance with State and Federal Laws. Any development impacting a Waterbody shall comply with all applicable state and federal laws, including, but not limited to, CDPHE water quality controldivision regulations and the Army Corp of Engineers regulations and permitting for waters of the U.S. 7.204 DRAINAGE AND EROSION. A. Erosion and Sedimentation. Excluding Grading activities for agricultural purposes, development disturbing 1 acre or more is subject to the CDPHE National Pollutant Discharge Elimination System Permit, unless otherwise exempted by CDPHE. B. Drainage1. Site Design to Facilitate Positive Drainage. Lots shall be laid out to provide positive drainage away from all buildings. 2. Coordination With Area Storm Drainage Pattern. lndividual lot drainage shall be coordinated with the general storm drainage pattern for the area. a. Drainage ditches shall have a minimum Slope of no less than 0.75o/o. 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. 7-10 Archltect¡ral Features (e.9. Cornlce or sllls)f Foot I Foot 1 Foot Roof Eave lE lncheg 18 lnches lE lnches No Restrlcl¡on No Restlct¡on No RestrlcllonAt-Grade Uncovered Porch, Slab, PâUo. Walk, Steps 4 Feel 18 lnchee 4 FeetFlre Éscape. Baloony (Not Used as Passageways) No Restrlctlon No Resbiclbn No RestrlclionPorch and Deck (Less Than 30 lnctres ln Heþht) Tahle 3-202: Projections Allowed Encroachmcnt into Sctbacks Front Yard Sids Yard Re¿r Yard Type of F@aturs ø / F. Profectlons. Every part of a required yard shall be unobstructed from ground level to the sky êxcept for projections es shown in Table 3-202. Sotback. 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