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HomeMy WebLinkAboutR24-077 Amendment to the Text of the Eagle County Land Use Regulations Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF Commissioner Chandler-Henry moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2024 - 077 APPROVAL OF AN AMENDMENT TO THE TEXT OF THE EAGLE COUNTY LAND USE REGULATIONS Eagle County File No. LUR-009446-2024 WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter the "Board"), is authorized, pursuant to State enabling legislation including, but not limited to, C.R.S. § 29-20-101, et. seq, C:R.S. § 30-11-101, et. seq, C.R.S. § 30-15-101, et. seq, C.R.S. § 30-28-101, et. seq, and C.R.S. § 43-2-101, et. seq, to plan for and regulate the use and development of land and public roadways in the unincorporated territory of the County of Eagle, State of Colorado, for the purpose of promoting the health, safety, convenience, order, prosperity, and welfare of the present and future inhabitants of the County of Eagle; and WHEREAS, pursuant to such authority, the Board has adopted such zoning, subdivision, building, and technical regulations, which regulations have been incorporated into one comprehensive document entitled the "Eagle County Land Use Regulations" (hereinafter the "ECLUR"),pursuant to Resolution No. 82-26, and as subsequently amended; and WHEREAS, the ECLUR requires periodic amendments to clarify language, add new definitions and/or information, or add updates which correspond with industry practice or state law; and WHEREAS, C.R.S. § 30-28-116, ECLUR Section 1.15 - Amendments, and ECLUR Section 5-230 - Amendments to the Text of These Land Use Regulations or the Official Zone District Map expressly allow the Board to amend the ECLUR following a recommendation by the County Planning Commissions; and WHEREAS, ECLUR Section 5-230.B.2 - Text Amendment allows the Planning Director to submit an application to amend the ECLUR; and WHEREAS, on or about May 23, 2024, the Eagle County Community Development Department, with authorization from the Planning Director consistent with ECLUR Section 1-130.B, submitted an application (hereinafter the "Application") for an amendment to the text of Chapter I, Chapter II Article 4, Chapter II Article 7, Chapter II Appendices, and Chapter III of the ECLUR in order to correct certain typographical errors, transfer certain technical development standards into the Eagle County Engineering Criteria Manual, and remove the Eagle County Building Resolution from the ECLUR to establish the Building Resolution as a Eagle County, co 202413988 Regina O'Brien 11/14/2024 Pgs: 314 11:30:44 AM REC: $0.00 DOC: $0.00 Docusign Envelope ID.A71BD6BA-487B-49BB-8D28-F9B3586B8ECF standalone document; and WHEREAS, the amendments to the ECLUR proposed by the Application are delineated in Exhibit A,which is attached hereto and incorporated herein by reference; and WHEREAS, in accordance with ECLUR Section 1.15.05 - Public Hearing, ECLUR Section 5-210.E.1 - Notice in Newspaper, and ECLUR Section 5-230.C.1 - Review of Applications, notice of the Application was was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the Application and setting forth the date and time of meetings for consideration of the Application by the Planning Commissions; and WHEREAS, the Eagle County Planning Commission reviewed the Application at a public hearing on August 7, 2024, and recommended approval of the Application to the Board; and WHEREAS, the Roaring Fork Valley Regional Planning Commission reviewed the Application at a public hearing on August 8, 2024, and recommended approval of the Application to the Board; and WHEREAS, in accordance with ECLUR Section 1.15.05 - Public Hearing, ECLUR Section 5-210.E.1 - Notice in Newspaper, and ECLUR Section 5-230.C.1 - Review of Applications, notice of the Application was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the Application and setting forth the date and time of meetings for consideration of the Application by the Board; and WHEREAS, at its public hearing held on October 7, 2024, the Board considered the Application and the Staff Report; a presentation from the Eagle County Community Development Department; and statements and concerns of all other interested parties, including members of the public; and WHEREAS, at the conclusion of the hearing on October 7, 2024, the Board unanimously voted to approve the Application with one (1) condition, concluding after hearing and seeing the evidence presented in these proceedings that the proposed amendments are necessary and proper for the protection of public health, safety, and welfare and in the best interest of the inhabitants of the County of Eagle, State of Colorado; and WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, comments from the Eagle County Planning Department, comments from public officials and agencies, recommendation of the Planning Commissions, and comments from all interested parties, the Board further finds as follows: 1. THAT, proper public and public notice was provided as xequired by law for the hearings before the County Planning Commissions and the Board. 2. THAT, the Application complies with the standards in ECLUR Chapter I, Section 2 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF 1.15 as set forth below: A. Conformance with the Comprehensive Plan and Land Use Regulations. Pursuant to Section 1.15, the Application is in substantial conformance with the purposes, intents, goals and policies of the Comprehensive Plan by ensuring development in Eagle County is adequately designed to serve existing and future land uses, development, and infrastructure. The Application is in substantial conformance with the ECLUR by promoting the health, safety, environment, and general welfare of residents. Because amendments to the Eagle County Building Resolution are not proposed to be adopted until January 1, 2025 a condition of approval delaying the removal of Chapter III and pertinent Chapter I language is required: Condition#1: Chapter III and language related to building responsibilities of the building official in Chapter I shall be removed from the Eagle County Land Use Code on January 1, 2025. 3. THAT, the Application for an Amendment to Chapter II of the Text of the Land Use Regulations complies with the standards in ECLUR Chapter II Section 5-230 -Amendment to the Text of These Land Use Regulations or the Official Zone District Map, as set forth below: A. Conformance with the Comprehensive Plan. Pursuant to Section 5-230.D.1.a, the Application is in substantial conformance with the purposes, intents, goals and policies of the Comprehensive Plan by ensuring development in Eagle County is adequately designed to serve existing and future land uses, development, and infrastructure. B. Compatible with Surrounding Uses. Pursuant to Section 5-230.D.2, the Application does not involve a change to zoning or zoning regulations and does not propose any changes which affect permissible land uses or dimensional limitations and therefore does not impact compatibility. C. Public Benefit. Pursuant to Section 5-230.D.3, the Application provides a public benefit through relocation of site development standards and the Building Resolution to avoid unnecessary administrative burden for future amendments, which will better serve the public. D. Change of Circumstances. Pursuant to Section 5-230.D.4, the Application ensures a high level of administrative adaptability and provides the expected high level of service and customer support to the community at large. The Application allows site development standards and the Building Resolution to be amended more quickly in response to material changes in technology, industry standards, and environmental concerns. 3 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF E. Adequate Infrastructure. Pursuant to Section 5-230.D.5, the Application ensures people within Eagle County continue to be served by adequate roads, water, sewer, and other public use facilities through the enforcement of various standards that protect against inadequate development. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the amendments to the ECLUR as set forth in Exhibit A are hereby approved, with the following condition: 1. Chapter III and language related to building responsibilities of the building official in Chapter I shall be removed from the Eagle County Land Use Code on January 1, 2025. THAT, The Eagle County Building Resolution previously forth in Chapter III of the ECLUR shall continue to exist as a standalone, adopted document when it is removed from the ECLUR on January 1, 2025. THAT, the certain technical development standards identified in the Application remain in effect and shall be transferred into the Eagle County Engineering Criteria Manual as of December 1, 2024. THAT, all other amendments to the ECLUR proposed by the Application shall be effective as of December 1, 2024; and THAT, these amendments to the ECLUR shall neither constitute nor be construed as a waiver of any violations existing at the time of adoption of this Resolution. THAT, should any section, clause, provision, sentence or word of this Resolution, including the attached Exhibits, be declared by a Court of competent jurisdiction to be invalid, such decision, shall not affect the validity of this Resolution as a whole or any parts thereof, other than the part so declared to be invalid. For this purpose, this Resolution is declared to be severable. THAT, except as expressly altered, modified, and changed by the Application, all existing terms and provisions of the ECLUR shall remain in full force and effect. The sections of ECLUR as amended by the Resolution are set forth in Exhibit B. THAT, this Resolution is necessary for the public health, safety, and welfare of the inhabitants of the County of Eagle, State of Colorado. [Remainder of page left intentionally blank] 4 Docusign Envelope ID:A'1BD6BA-487B-49BB-8028-F9B3586B8ECF MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, on this 12th day of November, 2024, nunc pro tunc October 7, 2024. f— Signed by: °``A"``�.a COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its `OLQS^°° BOARD OF COUNTY COMMISSIONERS ATTEST: r-Signed by: \ Signed by: Ktliina 6116viwl. By: 111441- S AA-Yr rOD62F24880C110... 81E7B2D718E0473... Clerk to the Board Matt Scherr County Commissioners ChaEir DocuSigned by: i7e_e?...s rAdAr17AFRAA474 Jeanne McQueeney Commissioner Signed by: r'I A1AA N ARARR1 FFGEAddnZ Kathy Chandler-Henry Commissioner Commissioner McQueeney seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Scherr Aye Commissioner McQueeney Aye Commissioner Chandler-Henry Aye This resolution passed by 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado 5 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF Exhibit A-ECLUR Text Amendments • 6 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF EXHIBIT A CHAPTER 1:GENERAL PROVISIONS INTRODUCTION CHAPTER 1 GENERAL PROVISIONS 1.01 INTRODUCTION These Regulations are divided into six major sections: Chapter I contains the purpose and authority of Eagle County to enact these Regulations, a brief discussion of the general provision of the various regulations, a section on enforcement and amendment procedures. Chapter II contains the Zoning and Subdivision Regulations. This Section addresses the permitted uses and densities allowable in the various zoning categories as well as the procedures required in order to subdivide real property. Chapter TIT contains the Bu ii bR solut' h' h f rth th l ti _ f . Chapter III formerly included the Building Resolution which is now a stand alone document adopted by separate resolution. (am. 01/01/25) Chapter IV formerly included regulations pertaining to Individual Sewage Disposal Systems (ISDS); now statutorily referred to as On-Site Wastewater Treatment Systems (OWTS). The Eagle County Public Health Agency On-Site Wastewater Treatment System(OWTS)regulations are promulgated by the Eagle County Board of Health as a stand-alone document. Chapter IV has been reserved for future use. (amd. 07-29-2014) Chapter V formerly contained regulations addressing construction within County rights-of-way. Those regulations were removed from the Land Use Regulations in 2023, and incorporated into the Eagle County Engineering Manual, which exists as a standalone document. (am. 12/01/24) Chapter VI sets forth the activities and areas of State interest regulated by the County to include: 1) Site selection and construction of major new water and sanitation facilities. 2) Major extension of water and wastewater distribution lines. 3) Efficient utilization of municipal and industrial water projects. 4) Construction activities within floodplains. Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF CHAPTER 1:GENERAL PROVISIONS INTRODUCTION Taken as a whole, this document provides a comprehensive set of regulations to provide for orderly growth in Eagle County. Depending on the activity, one or more of the regulations may apply. Each Chapter will be available to purchase separately depending on the applicant's particular needs. Any questions which might arise concerning the application of these Regulations can be directed to the Department of Community Development. 1.02 PURPOSES This document provides a compendium of regulations which govern land use in the unincorporated areas of Eagle County. These Land Use Regulations are designed to promote the health, safety, convenience, order, prosperity, and welfare of the present and future inhabitants of Eagle County in accordance with the Eagle County Master Plan, including the lessening of congestion and reducing the waste of excessive amounts of roads; promoting energy conservation; securing safety from fire, floodwater and other dangers; providing adequate light and air; classification of land uses and distribution of land development and utilization; protecting the tax base of the County; securing economy in governmental expenditures; fostering the County's agricultural, forestry, resort, business, mining, and other economic bases; protecting both urban and non-urban development; conserving the value of property and encouraging the most appropriate use of land. These Land Use Regulations are further intended to protect the public health, safety, and welfare by regulating activities and development in hazardous areas; protecting lands from activities which would cause immediate or foreseeable material danger to significant wildlife habitat and would endanger a wildlife species; preserving and regulating areas of historical and archaeological importance with respect to the establishment of roads on public lands administered by the federal government. This authority includes authority to prohibit, set conditions or require a permit for the establishment of any road authorized under the general right-of-way granted to the public by 43 U.S.C. 932 (R.S. 2477); regulating the location of activities and development which may result in significant changes in population density; providing for phased development of services and facilities; regulating the use of land on the basis of the impact thereof on the community or surrounding areas; and otherwise planning for and regulating the use of land so as to provide planned and orderly use of land and protection of the environment in a manner consistent with constitutional rights. 1.03 AUTHORITY Eagle County is authorized by law to regulate zoning, planning, subdivision of land, and building by virtue of Section 30-28-101 et seq., C.R.S., and Section 30-28-201 et seq., C.R.S., respectively, as amended; to regulate certain activities on and uses of land by Section 29-20-101 et seq., C.R.S., as amended; to designate and administer Areas and Activities of State Interest by Section 24-65.1-101 et seq. and Section 24-32-111, C.R.S.; to regulate planned unit developments by Section 24-67-104 et seq., C.R.S., as amended; to regulate On-Site Wastewater Treatment Systems (OWTS)by Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF CHAPTER 1:GENERAL PROVISIONS INTRODUCTION Section 25-10-101 et seq., C.R.S., as amended; and to regulate construction activities within public ways by Section 30-11-107, C.R.S., as amended. (amd. 07-29-2014) Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF CHAPTER 1:GENERAL PROVISIONS INTERPRETATION Eagle County Board of County Commissioners have been given the authority through C.R.S. 30-15-401(1)(a)(V)(C) to adopt reasonable regulations for controlling pollution caused by wood smoke. (am. 11/25/91) 1.04 TEMPORARY REGULATIONS The Board of County Commissioners, if in its opinion conditions require such action, may promulgate, by resolution at a public meeting,regulations of a temporary nature to be effective for a limited period not to exceed 30 days. During this 30 day period, a 15 day public notice shall be given in a newspaper of local distribution, advertising a public hearing to discuss the matter at hand requiring the temporary regulation and may at such public hearing extend the duration of the effectiveness of said regulation for a period not to exceed 6 months. The nature of the temporary regulation may prohibit or regulate in any part or all of the unincorporated territory of Eagle County, the zoning or subdivision of land, or the erection, construction, reconstruction or alteration of any building or structure used or to be used for any business, residential, industrial or commercial purposes. 1.05 INTERPRETATION In the interpretation and application of these Land Use Regulations, except Chapter II, the following criteria shall govern: 1) The burden of proof is upon the applicant to show full compliance with the purpose of these Land Use Regulations. 2) In their interpretation and application, the provisions of these Land Use Regulations shall be regarded as the minimum requirements for the protection of the public health, safety, comfort, convenience, prosperity and welfare. These Regulations shall therefore be regarded as remedial and shall be liberally construed to further its underlying purposes. 3) Whenever both a provision of these Land Use Regulations and any other provision of such Regulations, or any provision in any other law, ordinance, resolution, rule, or regulation of any kind, contain any restrictions covering any of the same subject matter, whichever restrictions are more restrictive or impose higher standards or requirements shall govern. All uses and all locations and bulk permitted under the terms of these Land Use Regulations shall be in conformity with all other provisions of law. 4) These Land Use Regulations are not intended to abrogate or annul any valid subdivision plats, easements, covenants, building permits, legally established lots, or uses established, approved and/or issued before the effective date of these Regulations. Docusign Envelope ID:A7 i BD6BA-487B-49BB-8D28-F9B3586B8ECF CHAPTER 1:GENERAL PROVISIONS SEPARABILITY 1.06 CONSTRUCTION The following six statements are rules regarding the construction of language in these Land Use Regulations, except Chapter II: 1) The particular has precedence over the general statements. In the event of any conflict, inconsistency, or incongruity between the general provisions (Chapter I) of these Land Use Regulations and any provision contained in the remaining Chapters of these Land Use Regulations which set forth specific requirements for development(Chapters II-VI), the provisions within the applicable Chapter which sets forth specific requirements shall in all respects govern and control. 2) In case of any difference of meaning or implication between the text of these Land Use Regulations and captions for each section, the text shall control. 3) The word "shall" is always mandatory and not directory. The word "may" is permissive. 4) Words used in present tense include the future,unless the context clearly indicates the contrary. 5) Words used in the singular shall include the plural,unless the context clearly indicates the contrary. Words in one gender shall be deemed to include the other gender. 6) Any definition used in the applicable Colorado Statutes may be used in these Land Use Regulations and if the statutory definitions conflict, then the statutory definitions shall govern. 1.07 SEPARABILITY It is hereby declared to be the legislative intent that the several provisions of these Land Use Regulations shall be severable, in accordance with the provisions set forth below: 1) If any provision of these Land Use Regulations is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that: a) The effect of such decision shall be limited to that provision or provisions which are expressly stated in the decision to be invalid; and b) Such decision shall not affect, impair, or nullify these Regulations as Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF CHAPTER 1:GENERAL PROVISIONS SEPARABILITY a whole or any other part thereof, but the rest of these Regulations shall continue in full force and effect. 2) If the application of any provision of these Land Use Regulations to any lot, building, other structure or tract of land is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that: a) The effect of such decision shall be limited to that lot, building, other structure or tract of land immediately involved in the controversy, action or proceeding in which the judgment or decree of invalidity was rendered; and b) Such decision shall not affect, impair or nullify these Regulations as a whole or the application of any provision thereof, to any other lot, building, other structure or tract of land. 1.08 REPEAL All prior Resolutions of the Eagle County Board of County Commissioners which are inconsistent with the provisions of these Land Use Regulations are hereby repealed to the extent of such inconsistency only. The repeal of any of the above-mentioned resolutions does not revive any other resolution or portion thereof repealed by said resolution, and such repeals shall not affect or prevent the prosecution or punishment of any person for the violation of any resolution repealed hereby for an offense committed prior to the repeal. 1.09 ADMINISTRATION OVER PLATTING 1) All plans of improvements for public use and all plans,plats,plots, and replots of land laid out in subdivision or building lots and the roads, alleys, or other portions of the same, intended to be dedicated to a public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto, shall be submitted to the Planning Commission and the County Commissioners for review and subsequent approval, conditional approval, or disapproval. It shall not be lawful to record any such plan or plat in any public office unless the same shall bear thereon, by endorsement or otherwise, the approval of the County Commissioners. 2) No changes, erasures, modifications, or revisions shall be made on the Final Plat after the approval by the County Commissioners without replatting. 1.10 PERMITS No permits of any kind shall be issued by the County Building Department, nor any other administrative office of the County, for the construction of any building or other improvements upon any land to which these Land Use Regulations apply unless and Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF CHAPTER 1:GENERAL PROVISIONS SEPARABILITY until the requirements thereof have been met. In particular, no permits of any kind will be issued by the County unless or until a landowner or applicant has complied with the provisions of the Land Use Regulations governing the subdivision, platting, partitioning, or other division of land. (am. 12/01/24) 1.11 JURISDICTION These Land Use Regulations shall apply to all lands within the unincorporated territory of Eagle County. 1.12 TITLE These Land Use Regulations shall be referred to as the "Eagle County Land Use Regulations" or "Land Use Regulations." 1.13 EFFECTIVE DATE, FILING WITH COUNTY CLERK AND RECORDER 1) These Land Use Regulations shall become effective upon adoption by the Board of County Commissioners. 2) Upon adoption of these Land Use Regulations and any amendments thereto, the Board of County Commissioners shall file a certified copy of the same in the office of the County Clerk and Recorder which shall be kept and there made available for public inspection during reasonable times. In addition, a certified copy of these Land Use Regulations and any amendments thereto adopted by the Board of County Commissioners shall be certified to the County Clerk and Recorder for recording in the same manner as any other document relating to real property. 1.14 ENFORCEMENT 1.14.01 Generally 1) The Board shall provide for the enforcement of the zoning or other County supplementary regulations by means of withholding building permits. It shall be unlawful to erect, construct, reconstruct, alter or change the use of any building or other structure within the unincorporated territory covered by County such zoning or other general regulations without obtaining a building permit from the County Building Official Inspector, (see Chapters II and-VI of these Land Use Regulations, the Eagle County Public Health Agency OTWS Regulations and the Eagle County Building Resolution for specific exemptions to the respective Regulations). The County Such Building Official Inspector shall not issue any building or other permits unless the plans for the proposed erection, construction, reconstruction, alteration, or use fully conform to all zoning and general regulations then in effect. (am. 12/01/24) 2) It shall be unlawful to erect, construct, reconstruct, alter, maintain or use any Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF CHAPTER 1:GENERAL PROVISIONS SEPARABILITY building or structure or to use any land in violation of any regulation in, or of any provisions of, any zoning or general regulations of these Land Use Regulations, or any amendments thereto, (see Chapters II and-VI of these Land Use Regulations, the Eagle County OTWS regulations and the Eagle County Building Resolution for specific exemptions). (am. 12/01/24) Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF CHAPTER 1:GENERAL PROVISIONS ENFORCEMENT a) Any person, firm, or corporation violating any such regulation,provision, or amendment to these Land Use Regulations commits a civil infraction. is a fine e f not m th ne hundred dollar ($1 nm, L. t �u the Ctunt ^il f r no+ th t (10) d t. b th 1. f a (See also, Chapter II, Section 7). Each day during which such illegal erection, construction, reconstruction, alteration, maintenance, or use continues shall be deemed a separate offense. (am. 05/01/07) (am. 12/01/24) b) -In-addition-143-adszlitieit-te-sush-GriMinal-penaltiesAny person, firm or corporation violating these Land Use Regulations may be subject to a civil penalty in an amount of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), (See also, Chapter II, Section 7). Each day during which such violation continues shall be deemed a separate offense and shall be the subject of a continuing penalty in an amount not to exceed one hundred dollars ($100) for each such day. (orig. 05/01/07) (am_ 12/01/2024) c) In addition to other remedies provided by law, the County Attorney may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use. (orig. 05/01/07) 3) The Zoning Administrator, or authorized representative, is authorized to enter upon private property for the purpose of administering these Land Use Regulations. The owner of the property shall give the Zoning Administrator free access after Eagle County has given reasonable notice for such survey or inspection. If access is denied, the Zoning Administrator may apply to the District Court of Eagle County for an order authorizing entry. If a violation shall be found to exist, the Zoning Administrator, or authorized representative, shall give written notice to the violator to correct such violation within ten (10) calendar days after the date of such notice. Should the violator fail to correct the violation within such ten(10) day period, the Eagle County Zoning Administrator, or authorized representative, may request that the County Sheriff issue a summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of said charge to the violator. The summons and complaint shall require that the violator appear in County Court at a definite time and place stated therein to answer and defend the charge. pne copy of said summons and complaint shall be served upon the violator by the County Sheriff in the manner provided by law for the service of a criminal summons. One copy each shall be retained by the Sheriff and the Eagle County Department of Community Development, and one copy shall be transmitted by the Sheriff to the Clerk of the County Court. (am. 05/01/07) • Notwithstanding the foregoing, the issuance of a written notice as specified in Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF CHAPTER I:GENERAL PROVISIONS ENFORCEMENT the paragraph next above shall in no way or manner be deemed a prerequisite to the institution of any enforcement proceedings set forth herein; and provided further, that compliance with such written notice shall not necessarily be deemed to be a defense to any alleged violation of these Land Use Regulations in any court action instituted seeking full compliance therewith, but evidence of compliance with such order may be introduced as matter in mitigation and extenuation. 4) The County Attorney's office is hereby authorized to enforce the provisions of this Section on behalf of the Board of County Commissioners. 1.14.02 1) The County Building Official or his designated representative is authorized to administer-ah-El-ehfer-ee-the-County-B-ui-14ing-Gede-set-fegh-in-Ghapter-III-ef-these > > > l=€-H�6 trl�et�d'r� vrv�diiaiir�i-ia—cxre-ccc�-ib--nucccr-ccrccc-vrrcrn�crc�rJc obtaining a building permit from the County Building Official or his designated representative except when expressly exempt from the Eagle County Building Resolution as found in Chapter III. The County Building Official or his designated representative shall not issue any permit unless the plans for such proposed erection, construction, reconstruction, alteration, or remodeling fully conform to the regulations and restrictions in the County Building Code: a. Any person, firm or corporation violating the provisions of the County Building Code is liable upon conviction of a fine of not more than $100, or by imprisonment ;„ the County e l f r„ot m e the + !1 0) d by both such fine and imprisonment. Each day during which such illegal continues-s be-d e ate-off„ v , 5,, , 749-74 iti 1 „ 1+; +; violating these Land Use Regulations may be subject to a civil penalty in „t o f„ t l e s th^ f:, e h. „dre.l doll^ ($500l th a-eent-ihuihg-penalof „t„ot t ed h ,l d d I t ($100) for each day. Until paid, any civil penalty ordered by the County violation has been found to exist. In case the assessment is not paid within thirty (30) days, it may be certified by the County Attorney to the County Treasurer, who shall collect the assessment, together with a ten percent penalty for tho st o f collectio„ „ the th +.11ected A„., lien „laced ^ „st a „erty „ „t to th; t' h ll be orded..'ith the Eagle my Clerk na . am. 05/01/07) Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF CHAPTER/:GENERAL PROVISIONS PUBLIC HEARING c. In addition to other remedies provided by law, the County Attorney may r o a erectionwrrstrac ion,rcwnscrcr t• , It t' / nc/O1/m 2) Wh C t y B ld a' I sr cto r Code Ev,forco ent Offi. r ha She shall giv_ tt--_n ±i-- t- th i-l t t t th 1 t' ithi„ te„ (1 0) en1enElaf-elays-nft-ef4he--clate-ef-the-netic-e,--ALlier-e-the-vielater--faits-te-eeffeet-the 1 t' •th' tL, t /10) rl .1 the County B il,1i„g I s„ector or rode cco plaint-to the viol t6 , t t tl fi f the , olntio . ,itl s ff cie t particularity t^ oti, f the 5 charge t^ the plat^ . Any violation of the (am. 05101/07) 1.14.03 Reserved for future use. (amd. 07-29-2014) 1.14.04 Road Cut and Road Construction within Public Ways 1) It shall be unlawful for any person to make, construct,reconstruct, or alter any opening, excavation, tunnel, sidewalk, curb, gutter, street, or to perform any other work of any kind within the public way which will result in physical alteration thereof,unless such person shall first have obtained a road cut and/or road construction permit for the performance of such, and unless such work shall be performed in conformity with the terms and provisions of Chapter 3 of the Eagle County Engineering Criteria Manual. (am. 12/01/24) V of these Land Use Regulations. 2) It shall be unlawful for any person to violate the terms of Chapter 3 of the Eagle County Engineering Criteria Manual V of these Land Use Regulations, or of any lawful orders or regulations issued incident thereto, including,but not limited to the County Engineering Regulations, Design Standards and Construction Standards. Any such violation shall render the violator appropriate civil proceedings and/or criminal proceedings under Section 43-5- 301, C.R.A. 1973, as amended. 1.14.05 Cumulative Effect The foregoing remedies and enforcement provisions shall be cumulative and not exclusive and shall be in addition to any other remedies and enforcement provisions provided by law. 1.14.06 Non-Liability for Damages These Land Use Regulations shall not be construed to hold Eagle County in any manner responsible for any damages to persons or property resulting from any inspection as herein authorized or resulting from any failure to so inspect, or resulting from the Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF CHAPTER 1:GENERAL PROVISIONS PUBLIC HEARING issuance or denial of a building permit as herein provided, or resulting from the institution of court action as hereinabove set forth or the forbearance by Eagle County to so proceed. 1.14.07 Non-Liability of Officials Any County Official or employee, charged with the enforcement of these Land Use Regulations, acting in good faith and without malice on behalf of said County in the discharge of his official duties, shall not thereby render himself personally liable for any damages which may accrue to persons or property resulting from any such act or omission committed in the discharge of such duties. Any suit or proceeding instituted against such official or employee, stemming from any act or omission performed by him in the enforcement or attempted enforcement of any provision of these Regulations, shall be defended by the legal officer(s) of the County until final termination of the proceedings. 1.15 AMENDMENTS 1.15.01 Scope and Authority From time to time the Board of County Commissioners may amend any of the provisions of these Land Use Regulations, including but not limited to the number, shape,boundaries, area or requirements of any zone district or other areas and may create new districts and areas. This Sectio., is f rt the" edures f r the adoption of (am. 12/01/24) 1.15.02 Private Applications Any private applicant seeking to propose an amendment under the procedures of this • Section to the provisions of these Land Use Regulations shall submit a proposal n application to the Department of Community Development,which shall include the name and address of the applicant and the language proposed for addition, deletion, or amendment. (am. 12/01/24) 1.15.03 Commencement Amendments to the provisions of these Land Use Regulations may be proposed by a private applicant, the staff, the Planning Commission or the Board. 1.15.04 Referrals 1) Before the Department of Community Development issues a staff report to the Planning Commission on Land Use Regulation amendments, the proposed amendment shall be referred to any appropriate referral agencies for an advisory opinion. The Planning Commission shall then review the staff report and advisory opinions prior to rendering a recommendation to the Board of Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF CHAPTER 1:GENERAL PROVISIONS PUBLIC HEARING County Commissioners. (am 12/16/08) Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF CHAPTER 1:GENERAL PROVISIONS PROCEDURE 2) If the proposal would affect land lying wholly or partially within three (3) miles or within the area encompassed by the Comprehensive Plan of any incorporated municipality, such proposal shall be referred to the City Clerk of that municipality for recommendation by the city or town planning commission or city council or town board, or agents designed by them. Failure of the city to make recommendations within thirty(30) days constitutes a waiver of its right to do so. (am 12/16/08) 1.15.05 Public Hearing 1) The Planning Commission shall hold a public hearing prior to recommending the adoption of any amendments or changes to these Land Use Regulations-of The time and place of such public hearing shall be advertised by the Commission at least fifteen(15) days prior to the hearing in a newspaper of general circulation within the County. After considering the testimony at the public hearing and comments from governmental agencies and interested parties, the Planning Commission shall recommend approval, conditional approval or disapproval of the proposed changes or amendments to the County Commissioners. (am 12/16/08) (am. 01/01/25) 2) The Board, before finally adopting any amendments or changes to these Land Use Regulations , shall hold a public hearing thereon, notice of which shall be published once in a newspaper of general circulation in the County at the expense of the applicant at least thirty(30) and not more than sixty(60) days before the hearing. Such notice shall state the date, time and place of the hearing; the place where the proposal and relevant materials may be examined; and a telephone number where inquiries may be answered. Notwithstanding the foregoing public notice requirement, notice of a public heav;ng o sed ndments to the County Building Cole shall be given l.v, at to st ^ „bl; at;r� oT g al ,latio n the b,v�.,, v� u, ava.��v,iv Yuv„vuv,vii ii, au i,e" o 0 county at least fifteen(15) days prior to said hearing. In no case shall the area covered by the building code be extended or changed unless the same has been proposed by or is first submitted for the approval, disapproval, or suggestions f the ^ my planning ^ (am 12/16/08)-(am. 01/01/25) 3) The proposal shall be available for public inspection in the Department of Community Development for thirty(30) days prior to the hearing before the Board of County Commissioners. 1.15.06 Board Action 1) In making its decision the Board shall consider the information disclosed at the public hearing, the Department of Community Development recommendation and any referral agency comments, any comments of incorporated areas to which the proposal was referred, and the advisory recommendation of the Planning Commissions. comment of the Division of Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ,CHAPTER 1:GENERAL PROVISIONS PROCEDURE Wig. (am. 12/01/24) Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF CHAPTER I:GENERAL PROVISIONS PROCEDURE 2) If the proposal recommended by the Planning Commission is substantially altered by the Board, then the Board shall resubmit the altered proposal to the Planning Commission for its approval, disapproval, or suggestions. The Planning Commission shall send its report to the Board within thirty (30) days. 3) The planning Commission may recommend and the Board may adopt only those amendments which it finds to be in conformance with the policies and regulations of these Land Use Regulations, and the Eagle County Master Plan. 1.16 APPEALS 1.16.01 Appeals to the Board of County Commissioners Except as otherwise specifically provided in Chapter II, appeals to the Board of County Commissioners may be taken by any person aggrieved by his inability to obtain a building permit, or by the decision of any administrative officer or agency based upon or made in the course of the administration or endorsement of the provisions of these Land Use Regulations. Appeals to the Board of County Commissioners may also be taken by any officer, department, board, or bureau of the County affected by the granting or refusal of a building permit or by other decision of an administrative officer or agency based on or made in the course of the administration or enforcement of the provisions of these Land Use Regulations. Such appeal must be made within 30 days after the occurrence of such grievance or decision which is the subject of the appeal. 1.16.02 Procedure 1) Appeals hereunder shall be initiated by the filing of a written Notice of Appeal to the Clerk of the Board of County Commissioners. Said Notice of Appeal shall include the following information: Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF CHAPTER 1:GENERAL PROVISIONS PROCEDURE a) The nature of the decision or grievance by which the appeal is being taken; b) The date of such decision or grievance, and the name of the administrative officer or agency making the same; c) Any applicable rules or regulations pertaining to the decision or grievance being appealed from; d) The name and mailing address of the Appellant; e) Legal description of the property affected; f) Brief factual description setting forth the particulars and reasons for the appeal; and g) Any other information as may be required by the Board of County Commissioners. 2) Upon receipt of a Notice of Appeal, the Clerk of the Board of County Commissioners shall schedule the appeal for hearing before the Board of County Commissioners, which hearing shall not be later than thirty(30) days from the receipt thereof,unless otherwise agreed to by the County and the Appellantf. Written notice of the date, time and place of the hearing shall be given not later than ten(10) days prior to the date of hearing to the Appellant and any other person who may be affected thereby. (am. 12/01/24) 3) Not later than ten(10) days prior to the scheduled hearing, any and all exhibits, testimony and evidence of whatsoever kind shall be transmitted to the Clerk of the Board of County Commissioners. 4) At the hearing, the Board of County Commissioners shall consider all the evidence transmitted to the Clerk of the Board of County Commissioners and any additional evidence which it deems appropriate. Strict rules of evidence shall not apply, but all additional oral evidence shall be reduced to writing in summary form. 5) Ruling: Within twenty(20) days from the date of the hearing, the Board of County Commissioners shall issue its written ruling affirming, modifying, or reversing the decision or action which is the subject of the appeal. Copies of the Ruling shall be mailed to the Appellant and any other interested parties. Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF Table of Contents Page Article 1 General Provisions Section 1-100 Title & Short Title 1-1 Section 1-110 Authority 1-1 Section 1-120 Purpose 1-1 Section 1-130 Rules of Construction 1-1 Section 1-140 Applicability 1-4 Section 1-150 Exemptions: Effect of These Land Use Regulations on Previously Approved Development 1-6 Section 1-160 Repealer 1-8 Section 1-170 Severability 1-8 Article 2 Definitions Section 2-100 Purpose 2-1 Section 2-110 Definitions 2-1 Article 3 Zone Districts Division 3-1 General Section 3-100 Establishment of Zone Districts 3-1 Section 3-110 Official Zone District Maps 3-1 Section 3-120 Interpretation of Zone District Boundaries 3-2 Division 3-2 Purposes of Zone Districts Section 3-200 General 3-3 Section 3-210 Residential, Agricultural & Resource Zone Districts 3-3 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF Section 3-220 Commercial & Industrial Zone Districts 3-5 Section 3-230 Planned Unit Development (PUD) Zone District 3-5 Section 3-240 Eagle-Vail PUD 3-6 Division 3-3 Use & Dimensional Standards Section 3-300 Residential, Agricultural & Resource Zone Districts Use Schedule 3-7 Section 3-310 Review Standards Applicable to Particular Residential, Agricultural & Resource Uses 3-12 Section 3-320 Commercial & Industrial Zone Districts Use Schedule 3-51 Section 3-330 Review Standards Applicable to Particular Commercial & Industrial Uses 3-56 Section 3-340 Zone District Dimensional Limitations 3-61 Section 3-350 Floodplain Overlay District 3-69 Article 4 Site Development Standards Division 4-1 Off-Street Parking & Loading Standards Section 4-100 Purpose 4-1 Section 4-110 Applicability 4-1 Section 4-120 Number of Required Parking & Loading Spaces 4-1 Section 4-130 General Standards for Parking & Loading Areas 4-3 Section 4-140 Design Standards for Parking & Loading Areas 4-4 Division 4-2 Landscaping & Illumination Standards Section 4-200 Purpose 4-10 Section 4-210 Applicability 4-11 Section 4-220 Landscape Plan 4-12 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF Section 4-230 Landscaping Design Principles, Standards & Materials 4-14 Section 4-240 Installation & Maintenance Requirements 4-22 Section 4-250 Illumination Standards 4-24 Division 4-3 Sign Regulations Section 4-300 Purpose 4-24 Section 4-310 Applicability 4-25 Section 4-320 Prohibited Signs 4-26 Section 4-330 Sign Standards Applicable in All Zone Districts 4-28 Section 4-340 Sign Standards Applicable to Specific Zone Districts 4-32 Section 4-350 Procedure to Obtain Sign Permit 4-35 Section 4-360 Nonconforming Signs 4-36 Section 4-370 Violations & Penalties 4-37 Division 4-4 Natural Resource Protection Standards Section 4-400 Purpose 4-38 Section 4-410 Wildlife Protection 4-38 Section 4-420 Development in Areas Subject to Geologic Hazards 4-41 Section 4-425 Hillside Development 4-45 Section 4-430 Development in Areas Subject to Wildlife Hazards 4-49 Section 4-440 Wood Burning Controls 4-54 Section 4-450 Ridgeline Protection 4-56 Section 4-460 Environmental Impact Report 4-61 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF Division 4-5 Commercial & Industrial Performance Standards Section 4-500 Purpose 4-65 Section 4-510 Applicability 4-65 Section 4-520 Noise & Vibration Standards 4-65 Section 4-530 Smoke & Particulate Standards 4-65 Section 4-540 Heat, Glare, Radiation & Electrical Interference 4-66 Section 4-550 Storage of Hazardous & Non-hazardous Materials 4-66 Section 4-560 Water Quality Standards 4-66 Division 4-6 Improvements Standards Section 4-600 Purpose 4-67 Section 4-610 Applicability 4-67 Section 4-620 Roadway Standards 4-67 Section 4-630 Sidewalk & Trail Standards 4-101 Section 4-640 Irrigation System Standards 4-102 Section 4-650 Drainage Standards 4-103 Section 4-660 Excavation & Grading Standards 4-106 Section 4-665 Erosion Control 4-106 Section 4-670 Utility & Lighting Standards 4-109 Section 4-680 Water Supply Standards 4-111 Section 4-690 Sanitary Sewage Disposal Standards 4-112 Division 4-7 Impact Fees and Land Dedication Standards Section 4-700 School Land Dedication Standards 4-114 Section 4-710 Road Impact Fees 4-115 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF Section 4-720 Emergency Service Impact Fees 4-138 Division 4-8 Eagle County Efficient Building Code (ECOBUILD): Single- Family, Duplex , Townhouse Section 4-8 Eagle County Efficient Building Code: Single-Family, Duplex, Townhouse 4-145 Division 4-9 Eagle County Efficient Building Code (ECOBUILD): Commercial, Multifamily Section 4-9 Eagle County Efficient Building Code: Commercial, Multifamily 4-159 Division 4-10 Sustainable Community Index Section 4-10 Sustainable Community Index... 4-171 Article 5 Administration Division 5-1 Duties & Responsibilities of Decision-Making, Administrative & Advisory Bodies Section 5-100 Board of County Commissioners 5-1 Section 5-110 Planning Commission 5-2 Section 5-120 Zoning Board of Adjustment 5-6 Section 5-130 Hearing Officer 5-8 Section 5-140 Planning Director 5-9 Section 5-150 Code Enforcement Officer 5-10 Section 5-160 County Attorney 5-10 Section 5-170 County Engineer 5-11 Docusign Envelope ID:A71BDGBA-487B-49BB-8D28-F9B3586B8ECF Division 5-2 Common Procedures Section 5-200 General 5-12 Section 5-210 Provisions of General Applicability 5-15 Section 5-220 Interpretations 5-24 Section 5-230 Amendments to the Text of These Land Use Regulations or the Official Zone District Map 5-25 Section 5-240 Planned Unit Development (PUD) District 5-30 Section 5-250 Special Uses 5-52 Section 5-260 Variances 5-57 Section 5-270 Subdivision Exemption 5-60 Section 5-280 Subdivision 5-62 Section 5-290 Minor Subdivision 5-81 Section 5-300 Limited Review Use 5-86 Section 5-2100 Certificate of Zoning Compliance 5-88 Section 5-2200 Public Way & Easement Vacations 5-88 Section 5-2300 Beneficial Use Determination 5-90 Section 5-2400 Appeals of Staff Decisions / Interpretations 5-95 Section 5-2500 Vested Property Rights 5-95 Section 5-2600 Temporary Regulations 5-97 Section 5-2700 Correction Plat 5-97 Article 6 Nonconformities Section 6-100 Purpose & Intent 6-1 Section 6-110 Nonconforming Uses & Structures 6-1 Section 6-120 Nonconforming Lots of Record 6-2 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF Section 6-130 Nonconformities Created By Eminent Domain Proceedings 6-5 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF Article 7 Enforcement Section 7-100 General 7-1 Section 7-110 Revocation or Suspension of Special Use Permit, Variance Permit, PUD or Subdivision 7-2 Section 7-120 Abatement of Violations 7-4 Section 7-130 Notification to Correct Violation 7-7 Section 7-140 Other Remedies 7-8 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF Appendix A Final Plat Recording Specifications & Certificate Formats Appendix D Nelson Access Road (As referenced in Article 6, Section 6-120, B.2, Nonconformities) A� -Eli Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4 SITE DEVELOPMENT STANDARDS - EAGLE COUNTY 1 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS TABLE OF CONTENTS TABLE OF CONTENTS DIVISION 4-1.OFF-STREET PARKING AND LOADING STANDARDS 4-4 SECTION 4-100. PURPOSE 4-4 ' SECTION 4-110.APPLICABILITY 4-4 SECTION 4-120.NUMBER OF REQUIRED PARKING AND LOADING SPACES 4-4 SECTION 4-130. GENERAL STANDARDS FOR PARKING AND LOADING AREAS 4-6 SECTION 4-140.DESIGN STANDARDS FOR PARKING AND LOADING AREAS 4-7 DIVISION 4-2. LANDSCAPING AND ILLUMINATION STANDARDS 4-15 SECTION 4-200. PURPOSE 4-15 SECTION 4-210.APPLICABILITY 4-15 SECTION 4-220. LANDSCAPE PLAN 4-16 SECTION 4-230.LANDSCAPING DESIGN PRINCIPLES,STANDARDS AND MATERIALS 4-18 SECTION 4-240.INSTALLATION AND MAINTENANCE REQUIREMENTS 4-27 SECTION 4-250.ILLUMINATION STANDARDS 4-29 DIVISION 4-3. SIGN REGULATIONS 4-30 SECTION 4-300. PURPOSE 4-30 SECTION 4-310.APPLICABILITY 4-30 SECTION 4-320. PROHIBITED SIGNS 4-32 SECTION 4-330. SIGN STANDARDS APPLICABLE IN ALL ZONE DISTRICTS 4-34 SECTION 4-340. SIGN STANDARDS APPLICABLE TO SPECIFIC ZONE DISTRICTS 4-37 SECTION 4-350. PROCEDURE TO OBTAIN A SIGN PERMIT 4-41 SECTION 4-360.NONCONFORMING SIGNS 4-42 SECTION 4-370.VIOLATIONS AND PENALTIES 4-43 DIVISION 4-4.NATURAL RESOURCE PROTECTION STANDARDS 4-45 SECTION 4-400. PURPOSE 4-45 SECTION 4-410.WILDLIFE PROTECTION 4-45 SECTION 4-420. DEVELOPMENT IN AREAS SUBJECT TO GEOLOGIC HAZARDS 4-48 SECTION 4-425. HILLSIDE DEVELOPMENT 4-52 SECTION 4-430.DEVELOPMENT IN AREAS SUBJECT TO WILDFIRE HAZARDS 4-56 SECTION 4-440.WOOD BURNING CONTROLS 4-61 SECTION 4-450. RIDGELINE PROTECTION 4-63 SECTION 4-460. ENVIRONMENTAL IMPACT REPORT 4-69 DIVISION 4-5.COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS 4-74 SECTION 4-500. PURPOSE 4-74 SECTION 4-510.APPLICABILITY 4-74 LAND USE REGULATIONS 2 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS TABLE OF CONTENTS SECTION 4-520.NOISE AND VIBRATION STANDARDS 4-74 SECTION 4-530. SMOKE AND PARTICULATE STANDARDS 4-74 SECTION 4-540. HEAT, GLARE, RADIATION AND ELECTRICAL INTERFERENCE 4-75 SECTION 4-550. STORAGE OF HAZARDOUS AND NON-HAZARDOUS MATERIALS 4-75 SECTION 4-560.WATER QUALITY STANDARDS 4-76 DIVISION 4-6. IMPROVEMENTS STANDARDS 4-77 SECTION 4-600. PURPOSE 4-77 SECTION 4-610.APPLICABILITY 4-77 SECTION 4-620.ROADWAY STANDARDS 4-77 SECTION 4-630. SIDEWALK AND TRAIL STANDARDS 4-111 SECTION 4-640.IRRIGATION SYSTEM STANDARDS 4-112 SECTION 4-650. DRAINAGE STANDARDS 4-113 SECTION 4-660.EXCAVATION AND GRADING STANDARDS 4-116 SECTION 4-665. EROSION CONTROL STANDARDS 4-116 SECTION 4-670. UTILITY AND LIGHTING STANDARDS 4-120 SECTION 4-680.WATER SUPPLY STANDARDS 4-121 SECTION 4-690. SANITARY SEWAGE DISPOSAL STANDARDS 4-122 DIVISION 4-7.IMPACT FEES AND LAND DEDICATION STANDARDS 4-125 SECTION 4-700. SCHOOL LAND DEDICATION STANDARDS 4-125 SECTION 4-710.TRANSPORTATION IMPACT FEES 4-126 SECTION 4-720.EMERGENCY SERVICE IMPACT FEES 4-127 DIVISION 4-8. SUSTAINABLE COMMUNITY INDEX(org.9/17/08) 4-135 SECTION 4-800. PURPOSE 4-135 SECTION 4-801.APPLICABILITY 4-135 SECTION 4-820. POINT REQUIREMENTS 4-135 SECTION 4-830. POINT DETAILS 4-136 SECTION 4-830.1. SITE/LOCATION: 4-136 SECTION 4-830.2. CONNECTIONS/USES: 4-137 SECTION 4-830.3.TRANSPORTATION: 4-140 SECTION 4-830.4. RESOURCE EFFICIENCY 4-143 • LAND USE REGULATIONS 3 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS DIVISION 4-1. OFF-STREET PARKING AND LOADING STANDARDS SECTION 4-100. PURPOSE This Division establishes parking standards for land uses within unincorporated portions of Eagle County. The standards are intended to lessen congestion on streets, to ensure an adequate supply of parking spaces within a reasonable distance of land uses and to provide standards for the design and use of required parking areas. SECTION 4-110. APPLICABILITY The standards of this Division shall apply to all development, including new uses, expansion of existing uses and the change of use of land or structures. SECTION 4-120. NUMBER OF REQUIRED PARKING AND LOADING SPACES A. Off-Street Parking Required. All uses shall be required to provide that number of off-street parking spaces which complies with the standards set forth in Table 4-120, "Minimum Off-Street Parking Standards For Each Use". 1. Multiple Uses. If two (2) or more principal uses occupy a single parcel or structure, the number of required off-street parking spaces for the parcel or structure shall be the additive total for each principal use of the parcel or structure. 2. Shared Parking or Loading Areas.No parking or loading area that is required by these Land Use Regulations shall be a required parking or loading area for another use, unless it can be shown that the peak use periods for required parking or loading areas for two(2)or more uses located on the same or adjoining sites will not overlap with one another. Upon the presentation of satisfactory evidence by the applicant that such shared use will not result in a shortage of parking at any time, the Planning Director may approve a shared use arrangement for said parking or loading area and may reduce the number of off-street parking spaces by up to twenty(20)percent of the total required for all uses. 3. 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. • LAND USE REGULATIONS 4-4 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS TABLE 4-120 MINIMUM OFF-STREET PARKING STANDARDS FOR EACH USE Use Parking Standard Single-Family or Duplex Dwelling Unit 3 spaces per dwelling unit' Mobile Home Unit 2 spaces per mobile home space Multi-Family Dwelling Unit: 1 bedroom or studio 2 spaces per dwelling unit' 2 to 3 bedrooms 2.5 spaces per dwelling unit 4 or more bedrooms 3 spaces per dwelling unit Multi-Housekeeping Dwelling Unit 1 space per bedroom Lodging Unit(including hotel,motel, 1 space per room lodge,boarding house and similar uses) Retail, Service Commercial and Office 1 space per 250 s.f. of net leasable floor area2 Restaurant and Tavern 1 space per every 4 seats 1 space per 100 s.f of floor area used for Auditorium and Public Assembly Areas seating or assembly Public Facilities and Health Facilities (excluding auditorium and public assembly 1 space per 300 s.f. of floor area2 areas) Ski Facility: 1 space per 4 persons of maximum allowed Visitors skiers at one time(SAOT) Mountain Employees employees per day/1.3 persons per day Manufacturing Establishment 1 space per 1,000 s.f. of floor area Wholesale Establishment,Warehouse,Rail 1 space per 2,000 s.f. of floor area or Truck Freight Terminals Notes: 1. The parking requirement for a studio or one(1)bedroom dwelling unit shall be 2 spaces per unit. 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 and mechanical areas and storage areas used solely by tenants on the site. 4. Uses Not Listed. The number of required off-street parking spaces for any use not LAND USE REGULATIONS 4-5 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS specifically listed in Table 4-120, "Minimum Off-Street Parking Standards For Each Use", shall be determined by the Planning Commission, considering a report and recommendation by the Planning Director. The report shall identify the standards for any similar uses listed in Table 4-120,"Minimum Off-Street Parking Standards For Each Use", and shall also identify other potentially applicable standards contained in recognized publications or used in communities similar to Eagle County. 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 need. Where the property or use is served or designed to be served by tractor-trailer delivery vehicles,the following standards shall be used in establishing the minimum number of off-street loading berths required: Gross Floor Area Number of of the Building Required Loading Berths or Spaces Up to 10,000 sq. ft. 1 Greater than 10,000 sq. ft. 2 SECTION 4-130. GENERAL STANDARDS FOR PARKING AND LOADING AREAS A. Continuing Obligation. The provision and maintenance of off-street parking and loading spaces that comply with the standards of this Division shall be a continuing obligation of the property owner. 1. Spaces Shall Be Shown With Building Permit Application.No building permit shall be issued until plans are presented showing the area that will be made available for exclusive use to meet the applicable off-street parking and loading standards. A plan drawn to scale, indicating how the applicable off-street parking and loading standards will be fulfilled, shall accompany an application for a building permit. 2. Spaces Shall Remain Available. Any subsequent use of property for which the building permit is issued shall be conditional upon the unqualified continuance and availability of parking and loading spaces that comply with the standards of this Division. 3. Change of Use. Should the owner or occupant of any lot or building change the use to which the lot or building is put,thereby increasing off-street parking and loading requirements,it shall be unlawful and in violation of these Regulations to begin or maintain such altered use until such time as the increased off-street parking and loading requirements are complied with. LAND USE REGULATIONS 4-6 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS B. 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. Inoperable vehicles or materials shall not be stored in required parking spaces. 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,but may be parked in such spaces for overnight storage or parked in designated additional spaces during business hours or for overnight storage. 3. Vehicles for Sale.Vehicles shall not be displayed for sale in any parking area required for a non-residential 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 non- residential use if the repairs render a vehicle inoperable for periods of more than twenty- four(24)hours. 5. Commercial Vehicles on Residential Property. Commercial vehicles or heavy equipment used in a business operation shall not be parked in required parking spaces for a residential use;unless the commercial vehicle is used for a permitted home occupation or is a company vehicle used for commuting that is parked overnight. C. Location of Required Parking Spaces. Required off-street parking spaces shall be located as follows: 1. On The Same Lot. On the same lot as the structure the spaces are intended to serve; or 2. Within a Common Assigned Parking Area. Within a common assigned parking area under the ownership of the individual owners of,and within the same development as,the use the spaces are intended to serve, unless specific arrangements have been approved by the Planning Commission, considering a report and recommendation by the Planning Director. D. Loading and Unloading. Loading and unloading of vehicles serving commercial and industrial uses shall be conducted on private property and not on any street or alley. SECTION 4-140. DESIGN STANDARDS FOR PARKING AND LOADING AREAS A. Standards. The design standards for the Parking and Loading Areas shall be as set forth in the Engineering Criteria Manual, Design Standards for Parking and Loading Areas. (am. 12/01/24) LAND USE REGULATIONS 4-7 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION4-1 OFF-STREET PARKING AND LOADING STANDARDS suFFEH1444iFiglanduses-and-parkingareas • LAND USE REGULATIONS 4-8 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS include, but are not limited to, asphalt, concrete, paving blocks, and gravel surface. Grass rin_ and graded, with a minimum grade of two (2) percent r h lt, ne (4` percent f r con and two (2) percent for paving blocks, gravel, or grass ring surface, to permit drainage of surface to demarcate the parking spaces for all commercial lots and for residential lots over four (4) contiguous spaces. back up areas shall be as specified in the illustration on the following page. For 90 degree angle parking,the length of a parking space may be reduced to eighteen(18)feet, including wheel stop, (am.12/13/05) the vehicles generally used for loading and unloading exceed these standards, the dimensions of these berths shall be increased. D. Compact Car Spaces. In parking areas containing more than ten (10) spaces, up to twenty (20) 1. Minimum Dimensions. A compact car space shall have minimum dimensions of eight (8)feet in width by sixteen(16)feet in length. 2. Sign. Compact car spaces shall be designated r t e e L... ^ ct cars wit'.: sign shall be white on green. The stencil may be either white or yellow in color. cc • » • International Building Code (IBC) or the American National Standard Institute A 117.1 1998 published by the Council of International Code CommitteeA117.1, shall provide, according to Tb n inn + tt a ( C t t h be -r-aor�-I—I-T��r���oCIiGI.ols�rGgrt�rea--under Ili e��E7ANSI �I�= ^y, GG parking," "accessible parking"). One van accessible parking space shall be provided for every five (5) accessible parking spaces,or fraction thereof. (am.11/08/051 1. Minimum Width. Parking spaces shall have a minimum stall width of eight and one half a common access aisle. (am.11/08/051 LAND USE REGULATIONS 4-9 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS access aisle width of eight(8) feet. b. Passenger Loading Zones. Passenger loading zones shall provide an access aisle five(5)feet in width and a minimum of twenty(20)feet long,adjacent and parallel to the vehicle pull up space and at the same level as the roadway. Passenger building or facility entrance. 2. Sign. Accessible parking spaces shall he identified by a sign showing the international symbol of accessibility complying with ICC/ANSI A.117.1 section/1.28.8. Signs shall not be obscured by a vehicle parked in the space. (am.11/08/05) 3. Location.Except as otherwise excepted or modified by the IBC,accessible parking spaces shall be located on the shortest possible accessible route from adjacent parking to an accessible building entrance. In facilities with multiple accessible building entrances with adjacent parking, accessible parking spaces shall be dispersed and located n ar the accessible entrances. (am.11/08/05) 1. Design and Construction. Design and construction of handicapped parking shall be in accordance with CABO/ANSI A117.1. 5. Most Restrictive Provisions Apply. Where there may be a conflict in the particulars between these Land Use Regulations, the IBC, and/or ICC/ANSI A117.1, as each may be amended from time to time, the most restrictive prevision shall apply. (am.11/08/05} LAND USE REGULATIONS 4-10 EAGLE COUNTY, COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS TABLE 4 140(am 9/27/99)- Accessible—Spaces 1 25 4 26 50 2 51 75 76— 100 4 101 150 45z 200 H 201 300 7 01 400 8 1101 500 9 501 1,000 2%of total spaces Over—1 000 20 spaces plus 1 space for every 100 spaces, or fraction thereof, over 1,000 LAND USE REGULATIONS 4-11 EAGLE COUNTY, COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS DOUBLE ROW PARKING BOTH ROWS OF'PARKING STALLS FOR TWO WAY PARKING FOR INDOOR PARKING STALLS MUST BE AT THE SAME ANGLE THE AISLE MUST BE DIMENSIONS WILL BE OR IF ANGLE OF STALLS 24 FEET WIDE 18' x 9'OR AS OTHERWISE SHOWN VARY,THEN THE GREATER FOR OUTDOOR PARKING STALLS DISTANCE FOR THE AISLE DIMENSIONS WILL BE WILL APPLY. 20 x 10'OR CURB,GUTTER AND WHEEL STOPS ARE INSTALLED ONE-WAY o 'I'PARALLEL �J�� PARKING ^I [V Y (11 `o O ` O c! ONE-WAY 30 DEGREE ! ANGLE PARKING 4(k ' \ N ONE-WAY 45 DEGREE ANGLE PARKING `~ /0a N \\I 11 \\ \ ! ONE-WAY c 60 DEGREE ANGLE PARKING //1 / TWO-WAY o c \ 90 DEGREE ANGLE PARKING c�v LAND USE REGULATIONS 4-12 EAGLE COUNTY,COLORADO arlii U 1 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS SINGLE ROW AND HANDICAP PARKING IF ANGLE OF STALLS FOR TWO WAY PARKING FOR INDOOR PARKING STALLS VARY, THEN THE GREATER THE AISLE MUST BE DIMENSIONS WILL BE DISTANCE FOR THE AISLE 24 FEET WIDE 18' x 9' OR AS OTHERWISE SHOWN WILL APPLY. FOR OUTDOOR PARKING STALLS DIMENSIONS WILL BE 20' x IO' OR CURB, GUTTER AND WHEEL STOPS ARE INSTALLED ♦ rn0 PARALLEL \ PARKING CV o/ 30 DEGREE ONE-WAY ANGLE PARKING \( .0° 45 DEGREE 411 ONE-WAY ANGLE PARKING \\ \N �� t 4110•R ONE-WAY 60 DEGREE ANGLE PARKING TWO-WAY `� \ 90 DEGREE ANGLE PARKING HANDICAP PARKING SINGLE SPACE AND DOUBLE SPACE C•2 12'-0" 10'-Qi 10'-0' `5'-0" LAND USE REGULATIONS 4-13 EAGLE COUNTY, COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS P. 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. C. Tandem Parking. Tandem parking (a vehicle parking directly behind another) shall be permitted to count towards meeting the off street parking standards of this Division when the tandem spaces are assigned to the same dwelling unit. In such instances,a parking space for a dwelling unit located behind a garage or behind another space may be counted towards the total parking requirement for the dwelling unit, provided use of the space does not impede the movement of other vehicles on the site. Tandem parking may also be permitted for lodge or commercial uses, when the applicant agrees, as a condition of the approval, to provide valet parking for the tandem spaces at all times when the use is in operation. 1. Credit Limited to One(1)Space. Tandem parking provisions may only be used to obtain credit for one(1)required parking space. Tandem P ingProhibited--in-Parking Structure. Tandem parking shall not be allowed when required parking is located within a parking structure or within a garage that serves mtaltiple-dwelling-units, with a driveway, such that vehicles exiting from a parking space shall not be required to back onto the right of way of a public street. Provided, however, that vehicles exiting from a parking space for a single family or duplex-dwelling unit may back onto a residential street. Vehicles exitin_ from a parking space for any use may also back onto the right of way of an alley adjacent to the property. Access Driveways. Access driveways into requ+redoff 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. for a one (1) way drive and twenty four-(24) feet for a two (2)way drive for commercial and industrial access and ten(10)and twenty(20)feet,respectively, for residential access. 2. 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 twenty(20) feet from their intersection. J. Parking Area Landscaping. Parking and loading areas for non residential uses located adjacent residents,including,but not limited to,installation of perimeter landscaping,control of illumination and proper screening of loading areas with opaque materials. Landscaping, LAND USE REGULATIONS 4-14 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS Division 2, Landscaping and Illumination Standards. K. Snow Storage.Adequate space shall be provided for storage of snow removed from pedestrian and vehicular ways, and parking and loading spaces on any property that contains commercial or industrial uses,multi family units, or a common outdoor parking area. 1. 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 loading area,inclusive of access drives,shall be designated to serve as a snow storage area. that the elevation of the property and its typical snowfall amounts can be adequately accommodated in a smaller area and the County may reduce the size of the required snow storage area accordingly. 2,-Storage-in-Pafking-Spaees-Pr-ohihited,Snow-RhaT4-not-be-stor-ed-withiu-r-equired-perking spaces, except on an emergency basis for a period not to exceed forty eight(1 8)hours. open space, including landscaped areas properly designed for snow storage. Snow stored in a required yard or open space shall not be located to restrict access or circulation, or to obstruct views of motorists. 1. Drainage.Adequate drainage shall be provided for t area to accommodate snow melt and to ensure it does not drain onto adjacent property. circulation paths on the site shall also be connected to transit facilities and trails or paths on adjacent sites. all provisions of this Division, unless specifically varied by the approval of a PUD Comprehensive Parking Plan. If a PUD comprehensive parking plan has been approved by the Board of County Commissioners,the provision of that parking plan shall supersede any conflicting parts of this Division. LAND USE REGULATIONS 4-15 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS DIVISION 4-2. LANDSCAPING AND ILLUMINATION STANDARDS SECTION 4-200. PURPOSE (am.5/16/06)(am.12/11/07) A. Purpose. The purpose of this Division is to provide standards for landscaping,water conservation relative to landscaping, and illumination of development within unincorporated portions of Eagle County, so as to maintain and enhance the character of residential neighborhoods, commercial centers and industrial areas. This is accomplished by: 1. Setting minimum standards for planting within residential and non-residential development and associated parking areas; 2. Promoting and facilitating water conservation through the efficient utilization of water for irrigation purposes; 3. Preventing degradation of water resources and related aquatic environments due to soil erosion and low stream flow events. 4. Preventing property damage due to improper drainage. 5. Minimizing unsightliness through the use of landscape buffers and screening around and between the County's more intensively developed areas. 6. Eliminating the spread of noxious weeds or invasive plant species. 7. Establishing standards to prevent illumination from becoming a nuisance to neighboring properties or to motorists,while allowing illumination necessary for safety purposes. SECTION 4-210. APPLICABILITY These regulations are applicable to all new construction in the unincorporated territories of Eagle County, and shall supersede the provisions of any previously approved Planned Unit Development which may contain language contradictory in nature to the intent of these regulations. In the event that a previously approved Planned Unit Development documents, including the Preliminary Plan, the PUD Guide and all supporting materials contain language which is more restrictive than the language found in these regulations,then the more restrictive language shall apply. The standards of this Division shall apply except as follows: (am.12/11/07) A. . Existing Structure. The standards of this Division shall not apply to remodeling, repair, restoration or alteration of an existing structure. However, additions or expansions that increase the footprint of a commercial, industrial or multi-family structure by more than twenty-five (25) percent and any landscape berms not previously approved through the Subdivision, PUD or building permit process shall comply with the standards of this Division to the maximum extent possible. Additions or expansions that increase the footprint of a single family or duplex structure by more than twenty-five(25)percent shall submit landscaping plans that indicate adherence to LAND USE REGULATIONS 4-16 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS the landscape water conservation principles contained herein to the maximum extent practicable. In applying this standard to additions or expansion of pre-existing development the property owner may not be required to remove any existing established landscaping including turf grass that was installed on the property in accordance with the provisions of these Land Use Regulations, PUD Guides, Covenants or Design Guidelines that applied at the time of the installation. The Planning Director may require sprinkler system upgrades pursuant to these regulations, if a significant improvement to water conservation over existing conditions is achievable. (am.5/16/06)(am.12/11/07) B. Governmental Entities. Governmental entities responsible for providing recreational amenities including public recreation fields,sports fields,public golf courses and play areas shall be exempt. (orig.12/11/07) C. Golf Courses. Public and private golf courses shall be exempt; although water conservation practices should be implemented on golf courses to the greatest extent practicable. (orig.12/11/07) D. 35 Acre Parcels. The standards of this Division shall not apply to Use by Right residential use on parcels thirty five(35)acres or greater in size within the Resource Zone District. (am.12/11/07) SECTION 4-220. LANDSCAPE PLAN A. Landscape Plan Required. A landscape plan for all multi-family, commercial and industrial development, prepared by a person who by reason of special knowledge of the principles and methodology of landscape architecture and landscape design acquired by professional education, practical experience, or both, is qualified to engage in the practice of landscape architecture and whose competence has been attested through certification as a landscape architect within the State of Colorado, shall be submitted for review as part of an application for building permits and other development applications within Eagle County, except that development specifically exempted in Section 4-210, Applicability. (am.12/11/07) A landscape plan for all single-family and duplex residential structures shall be submitted for review as part of an application for building permit within Eagle County, except that development specifically exempted in Section 4-210, Applicability. The landscape plan is not required to be prepared by a certified landscape architect unless the habitable space of the single-family residence contains more than 5,000 square feet or 10,000 square feet for both halves of a residential duplex structure combined. In these instances,the landscape plan shall be prepared by a certified landscape architect. The landscape plan shall address the following types of issues: (am.12/11/07) 1. Proposed Residential Subdivisions and PUD's. The landscape plan that accompanies a proposed residential subdivision or PUD is intended to address issues such as where and what type of trees and other landscaping will be placed,how common areas will be treated, how areas graded or otherwise disturbed during development will be re-vegetated, during development will be re-vegetated, how landscaped areas will be irrigated and similar concerns. It is not anticipated that landscaping for individual LAND USE REGULATIONS 4-17 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS residential lots will be addressed in the landscape plan for Subdivisions or PUD's. Regulations governing Public Rights of Way and specified clear zones,pursuant to Chapter 5-30.01 and Article 4-230.A39.a of these Land Use Regulations, must be applied. (am 3/12/02)(am.12/11/07) 2. Single-Family and Duplex Lots. The Landscape plan that accompanies building permit applications for single-family and duplex residential structures is intended to address the protection of existing plants, grading, revegetation of disturbed areas and water conservation. (am.12/11/07) 3. Commercial, Industrial, Multi-Family and Other Development. The landscape plan that accompanies a proposed commercial, industrial, multi-family or other type of development is intended to address how areas that are not covered by impervious surfaces will be treated and how such developments will be buffered from surrounding land uses and major streets or roads. (am.12/11/07) B. Conceptual Landscape Plan. The landscape plan submitted with a Preliminary Plan for Subdivision or Sketch Plan for PUD shall be a conceptual plan illustrating the overall intent of the applicant with regard to landscaping of commercial and industrial development, multi-family development and common areas / open space located within single-family and duplex residential development. Site specific landscape plans for single-family and duplex residential lots shall be required with application for building permit. Areas where trees, shrubs and ground cover will be preserved, removed or replaced shall be identified. Proposed landscape areas shall be labeled, to identify the type of landscaping planned and the general size and number of plants that are intended to be installed. (am.12/11/07) C. Detailed Landscape Plan. The landscape plan submitted with a Final Plat for Subdivision or Preliminary Plan for PUD or building permit for a single-family or duplex residence or for any other development requiring a landscape plan shall be a detailed plan showing how the applicant intends to landscape the development. It shall contain the following materials: (am.12/11/07) 1. Drawing. A dated, scale drawing, including topographic information at two (2) foot contour intervals,locating all lot lines and improvements to.the property and any easements of record. The drawing shall identify all existing deciduous trees and coniferous trees of six inches(6") in caliper or greater that illustrates which trees will be preserved and which will be removed or relocated,areas where other existing vegetation will either be preserved or removed,and the type, location, size and number of plants that will be installed. Where it would be impractical to identify each tree, the drawing shall outline the dimensions of groves of existing and proposed trees. The drawing shall also show proposed earthen landscape berms, and where, how and what type of irrigation is to be provided. The size, quantity, common name and botanical name of plants used, including ground cover shall be labeled. When seed mixtures are used, the percentages of grass and/or wildflower mixtures and seed application rates shall be specified. (am. 5/16/06)(am.12/11/07) 2. Calculations. A summary of all calculations used to determine the landscaping required LAND USE REGULATIONS 4-18 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope !D:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF • ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS for the site shall be provided, whenever applicable. The area of the property that is proposed to be landscaped shall be identified in square feet and as a percentage of the entire property. For single-family and duplex structures, the area proposed to be treated with irrigated turf shall also be measured in square feet and clearly indicated. For required landscaping of parking lots,the amount of the site proposed to be covered by parking areas • and the number of parking stalls to be provided shall also be identified. (am.12/11/07) 3. Cost Estimate. With the exception of single-family and duplex structures, an estimate of the cost of supplying and installing the materials depicted in the landscape plan shall be provided. (am.12/11/07) 4. Erosion Control.A description of how erosion will be controlled on-site during and after construction shall be provided either on the landscape plan or in an associated Construction Management Plan. (am.12/11/07) 5. Maintenance Program. With the exception of single-family and duplex structures, a description of the proposed program to maintain the landscaping after it has been installed shall be provided. (am.12/11/07) SECTION 4-230. LANDSCAPING DESIGN PRINCIPLES, STANDARDS AND MATERIALS A. Landscaping Principles Applicable to All Development. (am 12/11/07) 1. Landscape developments shall be designed and installed to maximize the conservation of water by incorporating the following seven (7) basic principles to the greatest extent practicable: a. Landscape improvements should be carefully planned and designed according to water and maintenance needs. (am 12/11/07) b. The extent of turf should be limited to areas where it can be efficiently watered. (am 12/11/07) C. The most efficient irrigation water delivery systems should be used. (orig. 12/11/07) d. Where necessary, the water holding capacity of the soil should be improved through the addition of soil amendments. (orig. 12/11/07) e. Final soil surfaces should be covered with organic or inorganic mulches to control soil temperatures and retain moisture. (orig. 12/11/07) f. New plants should be hardy and drought tolerant, and should be grouped according to sun and moisture needs. (orig. 12/11/07) g. All landscaping and irrigation systems should be routinely maintained to insure LAND USE REGULATIONS 4-19 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS proper function and adjusted to accommodate changes over time. (orig. 12/11/07) h. All landscapes should be regularly maintained with approved methods by the State of Colorado to eliminate noxious weeds or invasive plants as found on the current County noxious plant material list. (orig. 12/11/07) B. Location and Irrigation Standards for Required Landscaping. (orig. 12/11/07) 1. Single Family and Duplex Lots. All portions of lots disturbed by construction and not covered by impervious materials shall be landscaped in a manner consistent with the unique ecosystem and specific environment in which the lot is located. Turf grass shall specifically not be allowed on slopes steeper than 3:1. (orig. 12/11/07) 2. Multi-Family, Commercial and Industrial Development. All portions of lots in residential zones containing multifamily dwellings and all portions of lots in the Commercial Limited (CL), Commercial General (CG), Industrial (I) zone districts and Planned Unit Developments (PUD), as applicable, disturbed by construction and not covered by impervious materials shall be landscaped. Landscaping shall also 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 or roads. Regulations governing Public Rights of Way and specified clear zones,pursuant to Chapter 5-30.01 and Article 4-23O.A.9.a of these Land Use Regulations,must be applied.(am 3/12/02) (orig. 12/11/07) 3. Subdivision, Planned Unit Development (PUD) and Cluster Development. Landscaping shall be provided in a residential subdivision, planned unit development or cluster development, in a manner which is most consistent with the character planned for the development, the unique ecosystem and specific environment in which the development is located. Water intensive landscape treatments and turf areas should be minimized to the greatest extent practicable and in conformance with the principles and standards of this Division 4-2. Irrigated turf should not be used as a treatment in traffic medians. Where units are developed in clusters, landscaping should also be provided around clusters of units, to create a buffer between denser clusters and lower density and open areas. Landscaping should preserve or replace existing trees,shrubs and ground cover in areas disturbed by development to the greatest extent practicable while remaining in conformance with Section 4-430, Development in Areas Subject to Wildfire Hazards and Chapter III, Section 3.12.1,Wildland Fire Regulation of these Land Use Regulations. (orig. 12/11/07) 4. Irrigation. Irrigation Plans submitted shall depict a water efficient design responsive to g g p g P different site water needs based on aspect,exposure,soil conditions and surface treatments. Sketch and Preliminary Plan Applications for Subdivision or PUD shall indicate in text or on a plan the method of irrigation for specific areas (natural un-irrigated, flood irrigation, sprinkler system, drip system, etc.) Applications for Final Subdivision Plat and PUD Final Plat shall include detailed irrigation plans and specifications. Detailed site specific irrigation plans for single-family and duplex LAND USE REGULATIONS 4-20 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS residential lots will be required with application for building permit. (See also Section 4-240.A.5 Installation and Maintenance Requirements,Irrigation System) (orig. 12/11/07) a. Use of Raw Water. Developments on land that has access to agricultural irrigation water rights are required to design and utilize a separate raw water system to accommodate all long term landscape irrigation needs. (orig. 12/11/07) b. Limitation on Pop-up Spray Heads. The use of above-ground, pop-up spray heads shall be limited to manicured turf areas only. Drip, micro jet or other low water consumptive water delivery systems shall be used for all other planted areas. (orig. 12/11/07) (1) Exception for Temporary Irrigation. Non-permanent spray systems may be used on a temporary basis to promote seed germination in revegetated areas. Irrigation shall be discontinued once a healthy stand of vegetation has been established. (orig. 12/11/07) (2) Exception for Homes in Areas of Moderate,High or Extreme Wildfire Danger Above ground spray heads may be used to irrigate landscape improvements within the 15 foot "Zone 1" defensible space area for homes located in areas of moderate,high or extreme wildfire danger. (orig. 12/11/07) (3) Exception for "dirty" water. In those instances where un-filtered irrigation water precludes the use of drip, micro jet or other low water consumptive delivery systems, alternative water delivery systems may be used to irrigate landscape improvements. (orig. 12/11/07) 5. Living Cover. All required landscape areas shall be landscaped. Non-living ground cover is encouraged, to the greatest extent practicable in the drier climates of the County, and may include decorative gravel, bark mulch, river rock or similar materials. Decorative elements, such as walks, decks, terraces, water features and similar treatments may be provided. (am 12/11/07) 6. 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 spatial distribution patterns. Whenever possible, landscaping should consist of drought- resistant varieties and employ low water consumptive design principles. Plant varieties adapted to local soil conditions and exposures should be used for all areas scheduled for drip irrigation. (am 12/11/07) 7. Save Existing Vegetation. The landscape plan shall be designed so that healthy trees, native vegetation and natural or significant rock outcroppings and other valued features are preserved and integrated with planted areas. Existing trees and shrubs that are LAND USE REGULATIONS 4-21 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS preserved shall count toward the landscaping standards of this Division. Any existing tree in healthy condition of six(6)inches in caliper or greater that is retained may be substituted for two(2)required trees. Conformance with Section 4-430,Development in Areas Subject to Wildfire Hazards and Chapter III, Section 3.12.1, Wildland Fire Regulation of these Land Use Regulations must be adhered to when determining which existing trees and shrubs to preserve. Additionally,vegetation to be preserved must comply with any Wildlife Enhancement Plans included as part of a subdivision and/ or Planned Unit Development approval. (am 12/11/07) 8. Type and Extent of Sod Turf grasses can be high water consumptive plants. Where turf is allowed, drought tolerant turf grasses should be used, unless anticipated uses (sports fields, high traffic areas) specifically require more resilient species. In addition to the avoidance of slopes steeper than 3:1, the following turf area restrictions shall apply to single-family and duplex lots: (orig. 12/11/07) a. Residential structures with habitable space of 2000 square feet or less shall be limited to 3000 square feet of irrigated turf,as depicted on the landscape plan. (orig. 12/11/07) b. Residential structures with habitable space that exceeds 2000 square feet shall be limited to 3000 square feet of irrigated turf,plus 30%of the increment of habitable space exceeding 2000 square feet,as depicted on the landscape plan. (orig. 12/11/07) C. The maximum amount of irrigated turf for any single family or duplex residential structure or lot shall be 5000 square feet. (orig. 12/11/07) d. Allowance for Lots Bordering Golf Course. Single Family and Duplex lots immediately adjacent to manicured turf areas of golf courses shall be allowed an additional 1500 square feet of turf within the side yard or rear yard setback in order to facilitate an appropriate blending of manicured landscape elements. (orig. 12/11/07) e. Exemptions to Irrigated Turf Limitations. The Director of Community Development may exempt homes from the above turf area restrictions if it can be clearly demonstrated that the addition of irrigated turf over and above that allowed will not result in the use of more water than would otherwise have been consumed by a landscape plan conforming to these standards. A written request for exemption is required,and should include details regarding the raw water delivery system, water rights information, a letter from the water provider, ditch operator plan details, specifications, Design Review Board or Home Owners Association approval and any other information deemed relevant by the Director. (orig. 12/11/07) 9. Minimum Size. Landscaping within a clear vision area shall comply with the height limitations of Section 4-230.B.13.a., Clear Vision Area. Otherwise, trees and shrubs depicted on the landscape plan shall be of at least the following minimum size at the time LAND USE REGULATIONS 4-22 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF . ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS of their planting, unless a larger tree size is specified in any applicable development permit for buffering, screening or planting on the subject property. (am 12/11/07) a. Deciduous Trees. Deciduous trees shall be a minimum of one and one-half (1-1/2) inches in caliper,measured four(4)feet above the ground. (am 12/11/07) b. Coniferous Trees.Coniferous trees shall be a minimum of four(4) feet in height, measured from the top of the root ball to the top of the tree. (am 12/11/07) c. Ornamental Trees. Ornamental and flowering trees shall be a minimum of one and one-half(1.5) inches in caliper, measured four(4) feet above the ground. (am 12/11/07) d. Shrubs and Vines. Shrubs shall be in a minimum three(3) gallon container, and shall be a minimum of one (1) to two (2) feet in height. Vines shall be in a minimum one(1)gallon container. (am 12/11/07) 10. Minimum Number of Trees and Shrubs within Required Landscape Area. Landscape areas that are provided in order to comply with the maximum lot coverage standards of the Residential Multi-Family (RMF), Residential Suburban Medium Density (RSM), Residential Suburban Low Density (RSL), Commercial Limited (CL), Commercial General (CG), Industrial (I) and Rural Center (RC) zone districts shall comply with the applicable standards from Table 4-230, Number of Trees and Shrubs Within Required Landscape Area. TABLE 4-230 NUMBER OF TREES AND SHRUBS WITHIN REQUIRED LANDSCAPE AREA* Dimensions of Required Landscape Area Minimum Number of Required Trees and Shrubs Ten(10)to fifteen(15)feet in width One (1) tree and six (6) shrubs per two hundred-fifty(250) sq. ft. of landscaped area Fifteen(15)to twenty-five(25) feet in width One(1)tree and six(6)shrubs per two hundred- seventy-five(275) sq. ft. of landscaped area More than twenty-five(25)feet in width One (1) tree and six (6) shrubs per three hundred(300) sq. ft. of landscaped area Note * See text of Section 4-230 B.7 to determine applicability of these standards. (am 12/11/07) 11. Trees within a Paved Area.Any tree planted within a paved area shall be placed in a tree vault and shall have a tree grate installed around its trunk. A structural soil mix LAND USE REGULATIONS 4-23 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS composed of the following three components mixed in the following proportions by weight is required: crushed stone (100 parts); clay loam (20 parts), and; hydrogel (0.03 parts) which provides support for the paved system while allowing for the expansion of the root system. (am 12/11/07) 12. 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 properly designed for this function. Hardy tree and shrub species appropriate for planting in snow storage areas should be utilized in designated snow storage areas. (am 12/11/07) 13. Obstructions Prohibited. a. Clear Vision Area. A clear vision area shall run along property lines and along the entrance to the site. Plant materials shall be limited to thirty (30) inches in height at maturity within the clear vision area,so as to avoid visibility obstructions or blind corners at intersections. (am 12/11/07) b. Fire Hydrants and Utilities.Landscaping shall be installed so it does not obstruct fire hydrants or utility boxes and so it will not grow into any overhead utility lines. c. Street Trees.Any tree planted along the street shall be located a minimum of five (5)feet from the curb or the edge of the street,to provide room for snow plowing, street maintenance and opening of car doors. The installation of street trees and associated irrigation systems shall be subject to review and inspection by the County Engineering Department and, for planting along public streets or roads only, the County Road and Bridge Department, to ensure the trees do not create use conflicts or safety hazards and to determine maintenance responsibilities for the trees. (am 12/11/07) 14. Standards for Landscape Berms. Earthen landscape berms shall conform to the following processes and standards: (orig. 05/16/06) a. Pursuant to Section 4-660.A.2, Excavation and Grading Standards, proposals for landscape berms not previously approved through the Subdivision, PUD or building permit process must obtain a grading permit or an exemption from a grading permit from the Eagle County Engineer. b. All berms shall conform to Section 4-230 B.13.a., Clear Vision Area. c. All berms shall conform to dimensional limitations listed under Section 3- 340.C.4,Fence,Hedge,Wall or Berm. Proposals for earthen berms not conforming to Section 3-340.C.4, Fence, Hedge, Wall or Berm, shall be required to obtain approval from Eagle County as detailed in Section 4-230.B.15, Approval Process for Large Landscape Berms. LAND USE REGULATIONS 4-24 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF • ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS d. Earthen berms shall be located outside of stream setbacks, and shall not impact wetlands or riparian areas. e. Earthen berms shall not encroach into public rights of way, drainage easements, access easements or utility easements, unless evidence has been submitted indicating approval of the placement of the berm by the holder of the right-of-way or easement. f. Berm slopes shall be no steeper that 2:1. Berm contours shall be smoothly undulated along both the linear face and the crest to mimic natural topographic features. g. Berms shall be designed to have a natural appearance,and shall specifically avoid the appearance of a levy or a dam. Where physical space allows, the pattern of berms on the landscape should be discontinuous in nature. Breaks between separate berm segments should be purposefully located to facilitate drainage, pedestrian movement, wildlife movement, utilities, and/or the preservation of public view corridors. Separate berm segments may overlap one another by no more than 10%of their combined length. h. Landscape plant materials used should vary in size and species, and should be placed in natural appearing groups along the toe, slopes and crest of the berm. The type of trees and shrubs selected and their position on the berm should be considerate of the local climate, soil conditions and exposure. i. Berm design and placement shall reflect consideration for the well-being of wildlife. Southern exposures near roads can attract animals in the early spring and densely planted areas near roads provide hiding places from which animals can suddenly appear. j. All earthen berms shall be fully revegetated to prevent erosion and to provide a sustainable and attractive vegetative cover. 15. Approval Process for Large Landscape Berms. Berms taller than eight (8) feet as measured from natural grade at any point on the side of the berm that faces an adjacent property or longer than 150 feet in length shall be required to obtain a Finding of No Significant Impact(FONSI)from the Director of Community Development or approval of a Site Specific Development Plan by the Board of County Commissioners. (orig. 05/16/06) a. Submittal requirements for large landscape berms shall include the following: (1) Minimum Contents of application as detailed in Section 5-210.D.2, (2) A detailed landscape plan as described in Section 4-220.C, and LAND USE REGULATIONS 4-25 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS (3) Any other information, analysis or study as deemed relevant and appropriate by the Director of Community Development b. Determination. Based upon review of the application material and the information obtained at the pre-application meeting, the Director may determine that a Finding of No Significant Impact(FONSI) is warranted. (1) Finding of No Significant Impact(FONSI). The Director of Community Development may determine that a Finding of No Significant Impact (FONSI) should be issued if the construction of the berm in its proposed location is consistent with the spirit and intent of related standards and is unlikely to have any significant adverse impact to adjacent properties or public resources or amenities. In the instance that a FONSI is made, and upon expiration of the reconsideration period described below, the applicant may pursue obtaining a Grading Permit for the construction of the berm. (2) Notice of Director's Determination of a FONSI. (a) Upon the Director's Determination of a FONSI,the Director shall notify the applicant by mail,and shall notify the Board,the County Administrator and the County Attorney of the Determination by e-mail or memorandum. (b) The Notice of Director's Determination of the FONSI shall be published once in the County legal newspaper not more than fourteen (14)days following the Determination. The notice shall describe the Project and the procedure for requesting reconsideration as set forth below. (3) Reconsideration of Director's Determination of a FONSI. (a) Call-up by the Board. Within fourteen(14)days after publication of the Director's Determination of a FONSI,the Board may decide to reconsider the Determination. Such reconsideration shall be made at the next regularly scheduled meeting of the Board for which proper notice can be accomplished. (b) Request for Reconsideration by Affected Party. Any affected party seeking a reconsideration of the Director's Determination of a FONSI shall file a written request with the Board within fourteen (14)days of the date of publication in the newspaper of the Notice of the Director's Determination of the FONSI. The Board shall reconsider the Director's Determination of the FONSI at the next regularly scheduled meeting for which proper LAND USE REGULATIONS 4-26 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS notice can be accomplished. The affected party may request a reasonable extension if necessary. c. Approval Required. If the Director determines that a Finding of No Significant Impact(FONSI)is not appropriate,the application will be forwarded to the Board of County Commissioners for consideration. At a public hearing, the Board of County Commissioners shall consider the application, the relevant support materials, and any public testimony. After the close of the public hearing, the Board may uphold the Director's determination, overturn the Director's determination or overturn the Director's determination with conditions. C. Landscaping Standards Within Off-Street Parking Areas. All off-street parking areas containing fifteen (15) or more spaces, except for enclosed or sub-grade parking structures, shall provide the following forms of landscaping: (am 12/11/07) 1. Planting Strips. There shall be a planting strip provided along all property lines where a street right-of-way is located adjacent to the parking area. a. Width.The planting strip shall have a minimum width of ten(10)feet. b. Screen.A minimum of eighty(80)percent of the length of the planting strip shall be used to screen the parking area from the street. The screen shall be a minimum of thirty (30) inches in height and may consist of a berm, wall,plant material or combination thereof, however, the clear vision area shall be maintained. See related standards under 4-230.A.10, Standards for Landscape Berms, and Section 3-340.C.4,Dimensional Limitations for Fence,Hedge,Wall or Berm. (am. 5/16/06) c. Trees.A minimum of one(1)tree shall be planted for every twenty-five(25)linear feet of the planting strip. The trees may be grouped together,provided the grouping does not leave a gap between individual trees or tree groups that exceeds forty(40) feet. (am 12/11/07) • 2. Interior Planting Areas.Planting areas shall be established to break up the interior of all parking areas. a. Minimum Area.A minimum of five(5)percent of the interior area of the parking area shall be required landscaping. b. Islands. One (1) planting island that is a minimum of six (6) feet wide shall be provided for every fifteen (15) parking spaces. The planting islands shall be dispersed throughout the parking area,to provide visual relief and shade. c. Parking Rows.Where double rows of parking are planned,there shall be a center planting strip installed that is a minimum of seven (7) feet wide. Where LAND USE REGULATIONS 4-27 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS any parking row is adjacent to a circulation way,there shall be a planting strip installed that is a minimum of seven(7) feet wide. d. Trees. There shall be a minimum of one (1) tree planted in each planting island. Within each planting strip, there shall be a minimum of one (1) tree planted for every twenty-five(25) linear feet of planting area. SECTION 4-240. INSTALLATION AND MAINTENANCE REQUIREMENTS A. For All developments Except Single Family and Duplex Lots. 1. Collateral. Prior to the issuance of any development permit, the Planning Director may require the applicant to submit to the County a surety or cash bond, letter of credit or other collateral found to be suitable by the County Attorney to guarantee the installation of the required landscaping and irrigation system. The collateral shall be in an amount equal to one hundred-twenty-five (125) percent of the total cost of supplying and installing the materials depicted in the approved landscape plan,based on the cost estimate provided by the applicant and accepted by the County. When collateral has not been required to be submitted prior to the issuance of a development permit, then no certificate of occupancy shall be issued for any portion of the development until the required landscaping has been installed or until a suitable collateral has been provided to guarantee that required landscaping will be installed within the first planting season following occupancy of the property. Collateral shall not be required for the landscaping and irrigation systems on individual single-family or duplex residential lots. (am'12/11/07) 2. Certification and Release. Following installation of the required landscaping, the applicant shall certify that the landscaping has been installed in conformance with the approved plan. The performance guarantee shall be released within ten(10)working days following receipt of the certification and inspection by the County. 3. County Use of Security. In the event the landscaping for items contained within the cost estimate is not installed,or is installed in a manner that does not conform with the approved plan, the County may draw upon the security to bring the landscaping into conformance with the approved plan. 4. Required Time For Completion. All required landscaping shall be installed within the first planting season following occupancy of the property. When phasing of a project's construction is approved, then installation of required landscaping may be phased consistent with the project's approved development phasing. For the purposes of this regulation,planting season begins April 1st and extends through October 315t. (am 12/11/07) 5. Irrigation System. Irrigation shall only be applied to that portion of the landscaped area that is live cover that cannot be naturally sustained with adequate moisture for the types of plants existing or installed. With the exception of exemptions listed in Section 4- 230.A.3.b,the use of above-ground spray heads shall be limited to manicured turf areas LAND USE REGULATIONS 4-28 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS only. Drip,micro jet or other low water consumptive water delivery systems shall be used for all other planted areas. A non-potable raw water system should be utilized whenever practical, so long as it can be demonstrated to be an efficient and environmentally conscientious approach to the satisfaction of the Planning Director.The use of other water- conserving techniques such as Smart Controllers (Smart Controllers measure the site- specific soil moisture content,temperature,wind speed, soil type and can be programmed for different plant types) grey water systems, the avoidance of day-time irrigation,the installation of rain sensors, and the design of irrigation zones that accommodate the physical characteristics of the site and/or the groupings of vegetation installed must be employed to the greatest extent practicable. (am 12/11/07) 6. Maintenance.All landscaping shall be healthy at the time of its installation and shall meet the standards of the American Association of Nurserymen. Landscaping shall be maintained so that it remains alive, or replacement is required and shall be enforced pursuant to Chapter I, Section 1.14 Enforcement of these land use regulations. (am 12/11/07) a. Landowner Responsible. Maintenance of landscaped areas shall be the responsibility of the landowner. b. Replacement. Landscaping that does not survive within the first three (3) years after it is planted shall be replaced within three(3)months after it perishes, unless that date is not during a planting season, in which case it shall be replaced during the first month of the next planting season. The replacement vegetation shall be similar in size,type and amount to the vegetation that perished, so the integrity of the landscape plan is preserved and shall be in compliance with any approved Wildlife Enhancement Plans included as part of a subdivision and/or Planned Unit development approval. (am 12/11/07) c. Noxious Plant Materials.Weed control shall be required.Plant materials as listed on the most current noxious plant material list adopted by the Board of County Commissioners shall not be allowed as landscaping, and must otherwise be managed in compliance with applicable State and County regulations. (am 12/11/07). B. For Single Family and Duplex Lots (orig. 12/11/07) 1. Required Time For Completion. Notwithstanding requirements related to any other applicable permits, unless provided by the terms of deed restrictions, a subdivision improvements agreement or the terms of the Planned Unit Development documents, the owner of a single-family or duplex residence shall be required to complete installation of the landscaping, per the approved plan, within one growing season after receiving a Certificate of Occupancy. For the purposes of this regulation,growing season begins April 1'and extends through October 31St 2. Irrigation System. Irrigation shall only be applied to that portion of the landscaped area LAND USE REGULATIONS 4-29 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS that is live cover that cannot naturally be provided with adequate moisture for the types of plants existing or installed. The use of above-ground spray heads shall be limited to manicured turf areas only. Drip,micro jet or other low water consumptive water delivery systems shall be used for all other planted areas. The use of non-potable or raw water irrigation systems, wherever practical, efficient and environmentally conscientious, is required. To the greatest extent practicable, the landowner is else encouraged to employ other water-conserving techniques such as the avoidance of day-time irrigation, the installation of rain sensors, Smart Controllers(Smart Controllers measure the site-specific soil moisture content, temperature, wind speed, soil type and can be programmed for different plant types) and the efficient design of irrigation zones that accommodate the physical characteristics of the site and/or the groupings of vegetation installed. 3. Maintenance Responsibility. The landowner shall be responsible for the maintenance of all landscaped areas. Periodic weed control shall be required,and plant materials listed on the most current noxious plant material list adopted by the Board shall not be allowed as landscaping, and must otherwise be managed in compliance with applicable State and County regulations. SECTION 4-250. ILLUMINATION STANDARDS A. Purpose. This section establishes standards for controlling illumination to prevent intense glare or direct illumination that would create a nuisance detract from the use or enjoyment of adjoining property or cause'traffic hazards to motorists. B. Standards. Exterior illumination shall not cast glare directly onto adjacent properties. Low Pressure Sodium (LPS) lamps are the preferred illumination source but other sources can be considered depending upon the filtering, shielding,height and number of sources. Mercury vapor lamps are discouraged. Streetlights used for illumination of public ways are encouraged to be 20 feet or less in height. Outdoor lighting used for decorative effects (architectural illumination, flag and monument lighting, illumination of trees,bushes,etc.)should be located,aimed,or shielded so as to minimize stray light trespassing across property boundaries. LAND USE REGULATIONS 4-30 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS DIVISION 4-3. SIGN REGULATIONS SECTION 4-300. PURPOSE The purpose of this Division is to provide a comprehensive system of reasonable, effective, consistent, content-neutral and non-discriminatory standards for signs. These standards control the construction, size, type, location and maintenance of signs and sign structures within the unincorporated portions of Eagle County so as to: A. Protect Appearance. Protect the appearance of the community and enhance the attractiveness of Eagle County as a place to live, do business and visit. B. Identification. Enable places of residence and commerce to be easily identified and allow the communication of information necessary for the conduct of business. C. Compatible. Permit signs that are compatible with their surroundings and aid in orientation, but , preclude placement in a manner that conflicts with the principal uses of the site,adjacent land uses, or adjacent signs, or interferes with, obstructs the vision of, or distracts motorists, bicyclists or pedestrians. D. Limit Size and Number. Limit the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business. E. Lessen Hazards.Lessen hazardous situations,confusion and visual clutter caused by proliferation, improper placement or installation, illumination, animation and excessive height, area and bulk of signs that compete for the attention of motorists,bicyclists and pedestrians. F. Safety. Protect the public from the dangers of unsafe signs, and require signs to be constructed, installed and maintained in a safe manner. SECTION 4-310. APPLICABILITY A. General. The provisions of this Division shall apply to the display, construction, erection, alteration, use, maintenance and location of all signs within the unincorporated areas of Eagle County, except as specifically exempted in Section 4-310 B., Exempt Signs. All signs displayed, constructed,erected or altered after the date of the adoption of this Division shall be in conformance with its applicable provisions. All signs that are existing at the time of the adoption of this Division shall not be altered or enlarged without being in conformance with this Division. B. Exempt Signs.The following types of signs shall be allowed in all zone districts and are not subject to the requirement to obtain a sign permit, pursuant to Section 4-350, Procedure to Obtain Sign Permit. This exemption shall not be construed to relieve the owner from complying with any other applicable provisions of this Division. LAND USE REGULATIONS 4-31 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS 1. Signs Less than Six(6)Square Feet in Area.All signs,whether permanent or temporary, that do not exceed six(6) square feet in sign area,provided that there is not more than one (1) such sign per individual business, parcel, lot, or group of contiguous lots under single ownership. 2 Signs Required By Law.Signs required or specifically authorized for a public purpose by any law. 3. Public Notices.Public notices or signs relating to an emergency. 4. Traffic Signs. Signs erected in public rights-of-way by a local, state or federal governmental agency controlling or directing traffic. 5. Information Signs on Public Property. All information signs on or directing people to public property, provided such signs are related to the use of the property and are erected and maintained by the agency responsible for the public property. 6. Official Notices Posted By Government.Official government notices and notices posted by governmental officers in the performance of their duties to provide warning,necessary information,direction or other regulated purposes. 7. Hazard Warning Signs. Temporary or permanent signs erected by a public utility company or construction company to warn of dangerous or hazardous conditions. 8. Temporary Signs.Temporary signs for a special civic event,such as pennants or banners. Such displays may be erected three(3)weeks prior to the opening of the event and shall be removed one(1)week after completion of the event. 9. Historic Plaques. Memorial tablets or commemorative plaques installed by an historical agency, including cornerstones for buildings. 10. Scoreboards. Scoreboards used for athletic events, provided they do not exceed twenty (20)feet in height and sixtyfour(64) square feet in size. 11. Holiday Decorations. Decorations, clearly incidental and customary and commonly associated with any national,local or religious holiday. 12. Signs Affixed to Vehicle. Any signs permanently affixed to a truck, train, automobile, airplane or other operable vehicle that is not placed in a location for the purpose of advertising a product,service or activity or to direct people to a business or activity located on the premises or nearby. 13. Flags. Flags of any state, nation, government and any other flag not specifically used for advertising purposes. Flags shall not exceed sixtyfour(64) square feet in size. 14. Works of Fine Art. Works of fine art that in no way identify or advertise a product or LAND USE REGULATIONS 4-32 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS business. 15. Religious Emblem.Any religious emblem or insignia. 16. Addresses.Mail boxes,address numbers or residential nameplates. 17. Gravestones.Any gravestone. SECTION 4-320. PROHIBITED SIGNS The following types of signs or advertising devices are expressly prohibited in all zone districts: A. Structurally Unsafe. Signs that are structurally unsafe or constitute a hazard to safety or health by reason of inadequate maintenance or dilapidation. B. Signs Blocking Ingress or Egress. Signs that have been installed or maintained so as to prevent free ingress or egress from any door,window or fire escape. No sign of any kind shall be attached to a stand pipe or fire escape, except those signs that may be required by other codes,regulations, or ordinances. C. Signs Obstructing Visibility. Signs that obstruct or interfere with traffic signs or signals or with the visibility of operators of vehicles,bicycles or other conveyances using the public right of way or that are located within a clear vision area. D. Signs Resembling Traffic Control Devices. Signs that are of a size, location,movement,content, coloring or manner of illumination that may be confused with or construed as a traffic control device,but have not been erected or authorized to be erected by a governmental agency. E. Metal Signs.Signs with metallic surfaces,unless such surfaces are treated to reduce reflection from sunlight or artificial illumination. F. Signs Creating Optical Illusion. Signs that create an optical illusion of movement by means of a design which presents a pattern capable of reversible perspective, giving the illusion of motion or changing of copy. G. Signs With Moving Parts. Signs with visible moving, revolving or rotating parts, flashing or fluttering lights or other illuminating devices that have a changing brightness or intensity or color or any mechanical movement or apparent movement achieved by electrical,electronic or mechanical means, except for time, temperature and date signs or holiday decorations. H. Displays With Open Light Bulbs.External displays,other than temporary decorative holiday lighting,that consist of unshielded or open light bulbs. I. Signs Making Sounds. Any sign that contains a radio, phonograph, whistle, bell or other soundmaking device. LAND USE REGULATIONS 4-33 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS J. Signs Without Adequate Clearance From Power Lines. Signs that have been constructed or maintained with less horizontal or vertical clearance from authorized communication or energized electrical power lines than that prescribed by State law. K. Off-Premises Signs. Signs not located upon the property or business identified or advertised by the sign. L. Vehicle Signs. Signs placed on vehicles or trailers that are parked or located for the apparent purpose of advertising a product,service or activity or to direct people to a business or activity located on the premises or nearby. M. Portable Signs. Portable or wheeled signs or advertising devices, except for operable and licensed motorized vehicles and licensed trailers used in the pursuit of regular daytoday business having the name of the permitted use(s) or service(s) offered. N. Obsolete Signs. Signs that are located on property that becomes vacant and unoccupied for a period of six (6) months or more, or a sign that pertains to a time, event or purpose that no longer applies shall be considered obsolete. The sign face of an obsolete sign shall be removed by the owner of the sign or the owner of the property. A sign that is not so removed by the owner may be removed by the Planning Director, as authorized by Section 4-370, Violations and Penalties. Provided, however, that the following types of signs shall be excepted from these provisions: 1. Exception for Change of Ownership. Permanent signs displayed on a business temporarily suspended because of a change of ownership or management of the business shall not be construed to be obsolete unless the property remains vacant or the business is closed for a period of six(6)months or more. 2. Exception for Seasonal Business.Permanent signs displayed on a business that is open only on a seasonal basis shall not be construed to be obsolete unless the property remains vacant or the business is closed for a period of twelve (12)months or more. O. Obscene Signs. Signs or pictures of an obscene,indecent or immoral character,such as will offend public morals or decency in accordance with constitutional standards. • P. Three Dimensional Signs.Three(3)dimensional signs, such as statues,real or simulated,utilized for advertising purposes. Q. Balloons. Balloons or similar types of lighterthanair objects tethered to the ground by lines or other methods, except for those used in conjunction with special events that do not exceed three (3) days in duration. R. Signs on Natural Features. Signs painted on rocks or other natural features. LAND USE REGULATIONS 4-34 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF • ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS SECTION 4-330. SIGN STANDARDS APPLICABLE IN ALL ZONE DISTRICTS A. Relationship to Other Regulations. The County's sign standards recognize other regulations pertaining to signage (such as the State of Colorado, Department of Highways, "Rules and Regulations Pertaining to Outdoor Advertising," effective January 1, 1984). Where any provision of this Section covers the same subject matter as other applicable regulations, the more restrictive regulation shall apply. B. Signs Limited to On-Premises Advertising. Signs shall identify or advertise interests conducted only on the lot of the sign location. C. Comprehensive Sign Plan. All buildings or lots containing more than one (1) business shall be required to submit a comprehensive sign plan showing all proposed signage in the building or lot. The comprehensive sign plan shall allocate to individual businesses their portion of the total sign area permitted for the building or lot. It shall also contain provisions that ensure that all signs in the building or on the lot will have a consistent appearance in terms of color, size, shape, lettering, graphics and illumination. D. Conform to Other Codes. Signs and sign structures shall be designed and constructed to conform to the Eagle Co my Building.Resolution and the National Electric Code, including but not limited to consideration for wind loads, seismic loads, allowable stresses, materials and anchorage requirements. The following shall also be required: (am.12/01/24) 1. Safety Standards. a. Wind Load. Signs over ten (10) feet in height and/or forty (40) square feet in surface area shall be engineered to withstand a wind loading of a minimum of thirty (30)pounds per square foot of sign area without failure of face retention system or sign structure. Engineering data sufficient to prove the reliability of the structure and the foundation shall be submitted with the drawings at the time of permit application. b. Electric Wiring. Electrical wiring for energizing an electrical sign shall be underground, in the case of freestanding signs, and behind the sign cabinet, in the case of wall or projecting signs. All electrical work shall be in conformance with the National Electric Code, which may require an electrical permit that will be subject to review by the Eagle County Building Department. (am.12/01/24) c. Support. Roof signs, signs mounted on marquees, or projecting signs, shall be engineered in such a manner that no guy wires are needed for support, other than for the sign structure itself. d. Damage By Moving Vehicles. Anchors and supports shall be guarded and protected when near driveways, parking lots or similar locations where they could be damaged by moving vehicles. Signs attached to masonry, concrete or steel LAND USE REGULATIONS 4-35 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS shall be safely and securely fastened thereto by means of metal anchors, bolts or approved expansion screws of sufficient size and anchorage to safely support the loads applied. No anchor or support of any sign, except flat wall signs, shall be connected to or supported by a parapet wall that is not braced. e. Unsafe Signs Are a Violation. Signs in danger of falling down or that become • insecure or otherwise represent an unsafe condition shall constitute a violation under the provisions of this Division and shall be removed or corrected by the sign owner. 2. Maintenance Standards. Signs and sign structures shall be maintained at all times in a state of good repair,with all braces,bolts,clips,supporting frame and fastenings free from • deterioration, insect infestation, rot, rust or loosening. All signs shall be kept neatly finished, including all metal parts and supports thereof that are not galvanized or of rust resistant metals. E. Sign Area Measurement. 1. Area To Be Measured. The area of a sign shall be measured in conformance with this Section,provided that the structure or bracing of a sign shall be omitted from measurement unless such structure or bracing is made part of the message or face of the sign. Where a sign has two(2)display faces,the area of one(1)side shall be considered the total area for that sign. 2. Sign With Backing. The area of all signs with backing or a background, material or otherwise,that is part of the overall sign display shall be measured by determining the sum of the areas in each square,rectangle,triangle,portion of a circle or any combination thereof • that creates the smallest single continuous perimeter enclosing the extreme limits of the display surface or face of the sign including all frames,backing, face plates,nonstructural trim or other component parts not otherwise used for support. 3. Signs Without Backing. The area of all signs without backing or a background, material or otherwise, that is part of the overall sign display shall be measured by determining the sum of the areas of each square,rectangle,triangle,portion of a circle or any combination thereof that creates the smallest single continuous perimeter enclosing the extreme limits of each word, written representation (including any series of letters), emblems or figures of similar character. 4. Combined Signs. The area of any sign having parts both with and without backing shall be measured by determining the total area of all squares, rectangles, triangles,portions of a circle or any combination thereof constituting the smallest single continuous perimeter enclosing the extreme limits of either of the following combinations: a. Display Surface. The display surface or face of the sign including all frames, backing, face plates,nonstructural trim; or LAND USE REGULATIONS 4-36 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS b. Other Parts. Other component parts not otherwise used for support. F. Illumination. Illumination of any sign permitted by this Division shall meet the following standards: 1. Shade, Shield or Direct. Illuminated signs shall be shaded, shielded or directed to not cause glare or otherwise adversely impact residential areas. 2. Not Cause Hazard.Neither the direct or reflected light from any light source shall create a traffic hazard to operators of motor vehicles on public thoroughfares or approaches to public thoroughfares. 3. Not Blink, Flash or Move. No sign shall have blinking, flashing, moving or fluttering lights or other illuminating devices that have a changing light intensity,brightness or color. 4. Not Resemble Traffic Device.Colored lights shall not be used at any location or manner so as to be confused with or construed as a traffic control device. G. Height and Setback Calculation. Height and setback calculations for signs in all zone districts shall be determined by the following method: No sign shall extend above the planes formed by intersecting imaginary lines from the lot lines to the setback lines, at a height of twenty-five (25) feet, (when existing building(s) conform to the required setbacks)or to the top of the tallest building on the lot,whichever is greater. The truncated pyramid formed by these planes is the height/setback limit. All signs in all zone districts shall conform to the above calculation, unless specifically exempted. Refer to the illustration on the following page. • LAND USE REGULATIONS 4-37 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS HEIGHT/SIGN SETBACK CALCULATION PROPERTY LINE / 25' BUILDING SETBACK 4-ACTUAL BUILDING HEIGHT OR HEIGHT/SETBACK LIMITATION LINE THE 9GN MAY BE SET ANYYNIERE YI1ITN THIS PROPERTY LINE / TRUNCATED PYRAMID - 25' OR 50' SETBACK--� BUILDING SETBACK LINE The formula for calculating Example: Setback requiremnet for on 8' high sign sign height and/or setback on a vacant lot with a 50' setback is: is: sign setback sign height ? = -- =16' from the property fine. bldg. setback bldg. height 50 25 SECTION 4-340. SIGN STANDARDS APPLICABLE TO SPECIFIC ZONE DISTRICTS A. Signs Allowed in All Residential, Agricultural and Resource Zone Districts. The following signs shall be allowed by sign permit in all Residential,Agricultural and Resource Zone Districts, as identified in Section 3-210, Residential,Agricultural and Resource Zone Districts. 1. Residential Identification Sign.One(1)residential building,lot or occupant identification sign per dwelling unit (identifying the name and/or address), provided the total sign area does not exceed twelve(12) square feet. LAND USE REGULATIONS 4-38 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS 2. Special Use Identification Sign. One (1) identification sign per approved special use, provided the total sign area does not exceed thirty-two (32) square feet, or as further restricted under the conditions of the special use permit. 3. Subdivision Identification Sign. One (1) identification sign per subdivision entrance in residential developments, provided that the sign area of each sign shall not exceed thirty-two(32) square feet and the maximum height of such signs shall not exceed eight (8)feet. Such signage shall not be required to meet the height/setback calculation,provided that the sign shall not be located within an intersection clear zone and shall not impede drainage. 4. Identification Sign for Model Home. One (1) identification sign per model home within an approved subdivision, provided that the sign area does not exceed sixteen(16) square feet and the maximum height shall not exceed six (6) feet. Such signage shall not be required to meet the height/setback calculation,provided that the sign shall not be located within an intersection clear zone and shall not impede drainage. 5. Sign For Vacant Land. One (1) sign for the sale, rent or lease of vacant land, provided that the total sign area shall not exceed sixteen(16)square feet,the sign is not illuminated, and the sign is limited to one (1) sign per parcel, lot, or group of contiguous lots under single ownership. Said sign shall be removed within seven(7)days following completion of the land sale,rental or lease. 6. Sign For Dwelling Units. Signs for the sale, rental or lease of dwelling units under construction or to be constructed, provided that no more than one (1) sign is located adjacent to each street abutting the subdivision, and providing that the total sign area of each sign does not exceed sixteen(16) square feet. No such sign shall remain erected for more than two(2)years or until the last dwelling unit is sold,whichever comes first. 7. Construction Sign. One (1) construction sign for each construction project not to exceed thirty-two(32)square feet in sign area. Two(2)individual tradesmen may display separate signs, not to exceed sixteen (16) square feet each, in addition to the thirty-two (32) square foot construction sign. Such signs may be erected ten (10) days prior to beginning construction and shall be removed after six (6) months or upon completion of construction whichever is later. Construction signs shall not count toward the total sign area allowed per lot. B. Signs Allowed Only in Certain Residential,Agricultural and Resource Zone Districts.The following signs shall only be allowed by sign permit in the residential, agricultural or resource zone districts specified herein. 1. Signs Advertising Products Raised on Premises. Signs advertising the sale of products produced or raised on the premises shall be allowed in the Resource(R),Resource Limited (RL), Agricultural Residential (AR), Agricultural Limited (AL), Rural Residential (RR) and Fulford Historical(FH)zone districts,provided that the total sign area shall not exceed twentyfour(24) square feet and shall not be illuminated. LAND USE REGULATIONS 4-39 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS 2. Directory Sign. One (1) directory sign shall be allowed for each lot, parcel, or group of contiguous lots under single ownership located in the Residential Suburban Low Density (RSL), Residential Suburban Medium Density (RSM), Residential Multi-Family (RMF) zone districts. The sign shall not exceed sixteen(16) square feet in sign area or eight(8) feet in height. Directory signs may be illuminated, in compliance with the provisions of this Division. One(1)individual directory sign,not exceeding eight(8)square feet in sign area, shall also be permitted for each multifamily structure. C. Signs Allowed In Commercial And Industrial Zone Districts. The following signs shall be allowed by sign permit in the Commercial and Industrial zone districts identified in Section 3-220,Commercial and Industrial Zone Districts. 1. Individual Business Signs. Individual businesses shall not exceed one (1) square foot of sign area per linear foot of building frontage for the first thirty-two(32)feet and one-third (1/3) of a square foot of sign area per linear foot of building frontage in excess of thirty-two (32) feet. In no case shall the total sign area for an individual business exceed a maximum of sixty-four(64) square feet,per street frontage. 2. Multiple Business Signs. Multiple businesses (business or shopping centers) shall be required to submit a comprehensive sign plan showing all proposed signage within the business center. The comprehensive sign plan shall comply with the provisions of Section 4-340.D.2.,Comprehensive Sign Plan and the following standards: a. Business Center. The business center itself shall be allowed one (1) square foot of sign area per linear foot of building frontage for the first thirty-two(32)feet and one-third(1/3)of a square foot of sign area per linear foot of building frontage in excess of thirty-two (32) feet. In no case shall the total sign area for a business center exceed a maximum of sixty-four(64)square feet,per street frontage. b. Individual Business.Each individual business within the business center shall be allowed twenty (20) square feet of sign area in addition to that permitted for the business center. c. Allocation to Businesses. Allocation of total aggregate sign area to individual businesses or tenants is not specified by these Regulations,but instead shall be the responsibility of the property owner or authorized agent. 3. Directory Sign. One(1)directory sign per street frontage shall be allowed,identifying the individual businesses within the business center, provided that the total sign shall not exceed forty (40) square feet in area nor ten (10) feet in height. The directory sign shall not be included in the total sign area allowed for the business center, and shall not be required to meet the height and setback calculation, provided that the sign shall not be located within an intersection clear zone nor shall it impede drainage. LAND USE REGULATIONS 4-40 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS 4. Directional Signs. Directional signs shall be allowed,provided that the total sign area of each sign shall not exceed six (6) square feet or eight(8) feet in height. Directional signs shall not be included in the total sign area allowed per individual business or multiple business and shall not be required to meet the height/setback calculation,provided that the signs shall not impair visibility for traffic movement and shall not impede drainage. 5. Sign for New Business. One(1)sign shall be permitted for each new or relocated business, for a period not to exceed thirty(30)days,to allow the business sufficient time to install a permanent sign. The area of the sign shall not exceed thirtytwo (32) square feet, which shall not be included in the total sign area allowed for each business. 6. Sale,Rent or Lease Sign. One(1)for sale, for rent or for lease sign per business shall be allowed,provided that the total sign area of each sign shall not exceed sixteen(16) square feet in sign area. Said sign shall be removed within thirty (30) days of completion of the sale, rent or lease of the business. This temporary sign shall not be included in the total sign area allowed for each business. 7. Sign for Vacant Land. For sale, for rent or lease signs advertising vacant land shall be allowed, provided that the total sign area of all such signs shall not exceed sixteen (16) square feet and shall be limited to one (1) sign per parcel, lot or group of contiguous lots under single ownership. Said signs shall be removed within seven (7) days following completion of the land sale, rental or lease. These signs shall not be included in the total sign area allowed for each business. 8. Construction Sign. One (1) construction sign for each construction project shall be allowed, not to exceed thirty-two (32) square feet in sign area. Two (2) individual tradesmen may display separate signs not to exceed sixteen(16)square feet each in addition to the thirty-two (32) square foot construction sign. Such signs may be erected ten (10) days prior to beginning construction and shall be removed after six (6) months, or completion of construction,whichever is later. Construction signs shall not be included in the total sign area allowed for each business. 9. Window Signs. Window signs shall be allowed,provided that no more than twenty-five (25) percent of the exterior window area, per street frontage, is covered by signs. Window signs shall not be included in the total sign area allowed for each business. D. Signs Allowed in a Planned Unit Development(PUD). 1. PUD Sign Plan. Signs within a Planned Unit Development(PUD) shall comply with all provisions of this Division,unless specifically varied by the approval of a comprehensive sign plan for the development. If a comprehensive PUD sign plan has been approved by the Board of County Commissioners, the provisions of that sign plan shall supersede any conflicting parts of this Division. 2. Comprehensive Sign Plan. Any Planned Unit Development may, by or through its managing body, submit to the County a comprehensive sign plan for the control and LAND USE REGULATIONS 4-41 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS regulation of signs within the PUD. The application and review procedures to amend an approved PUD,as specified in Section 5-240 F.3.m.,Amendment, shall be followed for the review and approval of the PUD sign plan and any amendments thereto. 3. Application and Review Procedures. No application for a sign permit in a PUD shall be approved by Eagle County unless the application has been authorized for submission by the managing body of the PUD. Applications shall be submitted to the Eagle County Planning Department, together with two (2) copies of a sketch of the proposed sign(s)and any other pertinent information. The staff shall review the application to determine whether the proposed signage is consistent with the comprehensive PUD sign plan, as approved by the Board of County Commissioners. SECTION 4-350. PROCEDURE TO OBTAIN A SIGN PERMIT The following procedure shall be followed in order to erect and maintain a sign after the effective date of these regulations (which was February 21, 1989). A sign permit shall also be required at any time the area of an existing sign is increased. A. Permit Required. A sign permit for all signs shall be obtained from the Planning Department, unless the sign is specifically listed as exempt, pursuant to Section 4-310 B., Exempt Signs. No permit shall be required for the maintenance of a sign or for a change of copy, provided that the sign conforms to the standards of this Division. B. Pre-Existing Signs. A sign permit shall not be required for signs erected prior to May 8, 1978, provided that said signs conform to the standards of this Division. C. Application Form. Application for a permit to erect or display a sign in Eagle County shall be made to the Eagle County Planning Department on standard forms provided by the Department. Application forms shall be completed and signed by the property owner or authorized agent, and submitted with the appropriate fee, as established from time-to-time by Eagle County. Only complete applications shall receive consideration for approval. D. Drawing. All requests for a sign permit shall be accompanied by a drawing that is fully drawn to dimensions, showing the sign structure and proposed lighting. A site plan shall also be submitted, showing the location, setbacks, height and sign area of all proposed and existing signage on the lot. E. Electrical Permit.All requests for a new illuminated sign or that require replacement or extension of electrical wiring shall be accompanied by an application for an electrical permit. F. Inspection. The applicant shall request an inspection by Eagle County within three(3)months of the date of issuance of a sign permit. The sign permit shall expire three(3)months after its date of issuance if the sign has not been inspected and received final approval. A single three (3) month time extension may be granted by the County, if the extension is requested by the applicant in writing prior to expiration of a valid permit. LAND USE REGULATIONS 4-42 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF SIGN REGULATIONS I ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION O 4-3 G. Permit is For Life of Sign.A sign permit shall be issued for the life of the sign. H. Amendments. If, after a sign permit has been issued by Eagle County, it becomes necessary to change, modify, or alter the structural characteristics of the sign, or otherwise deviate from the terms or conditions of said permit,such amendment may be allowed,upon approval by the County, without additional permit fees being assessed. Such approval may only be granted by the County upon a finding that said amendment conforms to the provisions of this Division. A written record of such approval shall be entered upon the original permit application and maintained in the files of the Eagle County Planning Department. SECTION 4-360. NONCONFORMING SIGNS A. General Provisions. Section 4-300, Purpose, describes the County's intentions for the administration of signs in Eagle County. In order to reach those intentions,the eventual termination of signs that do not conform to these regulations is both reasonable and desirable. B. Policy for Legally Nonconforming Signs. The provisions of this Section allow nonconforming signs to continue, while at the same time assuring that the neighborhood in which the nonconforming sign exists will eventually benefit from the substantial compliance of permanent and temporary signs with these regulations. C. Determination That Sign is Legally Nonconforming. A legally nonconforming sign is any sign that: 1. Does Not Conform to Original Sign Regulations.Was lawfully erected as of the effective date of this Division, which was February 21, 1989, and has been lawfully maintained in accordance with the provisions of any prior regulations, but does not conform to this Division; or 2. Does Not Conform to Amended Sign Regulations. Was lawfully erected as of or after the effective date of this Division, which was February 21, 1989, and has been lawfully maintained in accordance with the provisions of this Division,but which sign,by reason of amendment to the provisions of this Division after the effective date hereof, does not conform to this Division. D. Continuation of Legally Nonconforming Signs. 1. Sign May Not Be Changed. Any legally nonconforming sign may be continued in operation and maintained after the effective date of this Division,which was February 21, 1989, provided no such sign shall be changed in any manner that increases the nonconformity of such sign. 2. Burden Rests Upon Owner. The burden of establishing a sign to be legally nonconforming under this Division rests entirely upon the person claiming such status for a sign. LAND USE REGULATIONS 4-43 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS E. Termination of Legally Nonconforming Signs. The right to use, operate or maintain a legally nonconforming sign shall terminate upon any of the following: 1. Abandonment. Signs pertaining to activities or occupants that are no longer using a property shall be removed from the premises within six (6) months after the associated activity or occupant has vacated the premises. Any such sign not removed within the required period shall constitute a nuisance and shall be subject to removal by action of Eagle County. 2. Violation. Any violation of this Division and/or any preexisting Eagle County sign provisions shall immediately terminate the right to maintain such sign. 3. Destruction,Damage or Obsolescence.The right to maintain any legally nonconforming sign shall terminate whenever the sign sustains damage in excess of fifty (50)percent of its replacement cost,or becomes obsolete or substandard to the extent that the sign becomes a hazard. 4. Condemnation. The Board of County Commissioners may choose to condemn a nonconforming sign. Recommendations for condemnation may be made by the Planning Director,when the sign is found to be in violation of this Division. • 5. Failure to Maintain. The right to continue use of a legally nonconforming sign shall terminate if the sign is not maintained in good structural and visual condition, as determined by the Board of County Commissioners,based upon the recommendations of the Planning Director. SECTION 4-370. VIOLATIONS AND PENALTIES A. Inspection and Order to Repair.The Planning Director shall inspect and shall have the authority to order the repair, alteration, painting or removal, at the owner's expense, of any sign that constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, • dilapidation or obsolescence. B. Written Order. When the Planning Director finds that a violation of this Division exists,he shall issue a written order to the alleged violator. The order shall specify those provisions of this Division that the individual may be in violation of and shall state that the individual has ten(10) days from the date of the order in which to correct the alleged violation,or to file a variance application with the Planning Department. C. Removal of Obsolete Sign. If, upon inspection, the Planning Director finds that a sign has been abandoned, he shall issue a written order to the owner of the sign and/or owner or occupant of the premises stating the nature of the violation and requiring that person to remove or repair the sign within ten(10)days from the date of the order. In cases of emergency,the Planning Director may cause the immediate removal of any sign that endangers the public or is structurally, materially, electrically or otherwise defective, without notice, at the expense of the owner of the sign or premises. LAND USE REGULATIONS 4-44 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS D. Removal of Prohibited Sign. In the case of a prohibited sign, the sign owner or owner of the premises shall be required to remove the offending sign(s)within two(2)days of receipt of written notification served on the sign owner or owner of the premises personally, or by certified mail, return receipt requested. If return receipt is not received within ten (10) days, then the Planning Director shall serve the notice upon the alleged violator. If the sign is not removed two (2) days thereafter, then the County may remove the offending sign(s)and recover the costs from the owner of the sign(s)or the premises. E. Sign Does Not Comply With Permit.If the Planning Director finds that the sign under any permit issued does not comply with the information supplied in the permit application and/or is in violation of this Division, or finds that there has been any misrepresentation in connection with the application for the permit,he shall notify the sign owner of such findings and notify the sign owner that the violation must be corrected within five (5)working days. The sign owner shall have five (5) working days in which to reply to such notification. If such correction is not made within the five (5) day period, the Planning Director shall revoke the permit and shall serve written notice thereof upon the sign owner. F. Violation. It is a violation of this Division for any person to perform or order the performance of any act that is contrary to the provisions of this Division,or to fail to perform any act that is required by any of the provisions hereof. In the case of a continuing violation, each twentyfour (24)hour period in which the violation exists constitutes a separate violation. G. Penalties.Penalties for violations of this Division shall be as provided in Article 7, Enforcement. LAND USE REGULATIONS 4-45 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID.A71BD6BA-487B-49BB-8D28-F9B3586B8ECF • ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS DIVISION 4-4. NATURAL RESOURCE PROTECTION STANDARDS SECTION 4-400. PURPOSE The purposes of this Division are: (1) to provide for the protection of wildlife, riparian areas and other natural resources; (2) to ensure that development on steep and unstable slopes and other areas subject to geologic hazards is accomplished in a manner that protects the safety of inhabitants and minimizes environmental and aesthetic impacts;and(3)to preserve ambient air quality and water quality and quantity, to maintain the County's healthy, attractive mountain environment for residents and visitors. SECTION 4-410. WILDLIFE PROTECTION A. Purpose. As natural land and native wildlife habitat is developed for human use, the need to minimize the negative impact of humans on wildlife and their habitat increases.The purpose of the Wildlife Protection Section is to protect and maintain wildlife in Eagle County and minimize the risk of dangerous interaction between humans and wildlife. This is done through the development review process whereby potential wildlife habitat is identified and appropriate avoidance, minimization and/or impact mitigation techniques are suggested that will sufficiently protect the wildlife species and their habitats. (am 3/12/02) B. Wildlife Analysis. 1. Applicability. At the discretion of the Planning Director, the provisions of this Section may apply to any application for a Special Use Permit, Subdivision or Planned Unit Development(PUD). (am 3/12/02) 2. Procedure for Wildlife Analysis. An applicant for.development that is subject to the provisions of this Section 4-410.B, Wildlife Analysis, shall submit a Wildlife Analysis as part of the application. The purpose of the Wildlife Analysis is to identify the location of wildlife habitat or migration routes, determine potential impacts of development, and identify appropriate avoidance, minimization, and/or impact mitigation techniques. The County encourages the assistance of competent professional technicians at this stage of the planning process. (am 3/12/02) 3. Referral to Colorado Parks and Wildlife. As part of the review of the application, the Planning Director, shall refer to the Colorado Parks and Wildlife(CPW) all applications as identified in Section 4-410.B.1, Applicability. Referral of Final Plat applications will be at the discretion of the Planning Director. (am 3/12/02) 4. Review by CPW. CPW will be requested to review the application and determine whether there is potential impact to wildlife habitat or migration routes. During their review, CPW should take into consideration potential impacts to the following: a. Elk Migration Corridors and Patterns LAND USE REGULATIONS 4-46 EAGLE COUNTY.COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS b. Elk Production Areas c. Elk Severe Winter Ranges and Winter Concentration Areas d. Mule Deer Staging Areas and Migration Corridors e. Mule Deer Severe Winter Ranges, Winter Ranges, and Winter Concentration Areas f. Bighorn Sheep Migration Patterns g. Bighorn Sheep Winter Concentration Areas h. Bighorn Sheep Production Areas i. Bald Eagle Roost Sites j. Golden Eagle Nest Sites k. Peregrine Falcon Nest Sites 1. Sage Grouse Production Area m. Lynx Occupied Habitat. n. Other pertinent wildlife habitat or activity areas. (am 3/12/02) 5. Recommendation By CPW. Considering the potential impact to wildlife,the CPW shall review the application, including the Wildlife Analysis, and make recommendations pertaining to important habitat or migration routes of wildlife species which may be affected by the proposed development. The recommendation shall identify appropriate avoidance,minimization, and/or impact mitigation techniques. (am 3/12/02) 6. Consideration. The County shall consider the content of the Wildlife Analysis and the recommendations of the CPW during the development review process. (am 3/12/02) C. Wildlife Proof Refuse Container/Dumpster Enclosure Standards (orig. 3/12/02) 1. Applicability. The provisions of this Section shall apply to any application for a Special Use Permit, Subdivision or Planned Unit Development (PUD). The provisions of this Section may apply entirely or in part to the application for a Limited Review at the discretion of the Planning Director. 2. Definitions. LAND USE REGULATIONS 4-47 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS a. Wildlife-any undomesticated animal,including but not limited to elk,deer,sheep, lynx, skunks, squirrels, bears, raccoons, coyotes, mountain lions, bobcats and foxes. b. Wildlife Proof Refuse Container-a fully enclosed container constructed of non- pliable material to prevent access by wildlife and meets the standards of these Land Use Regulations. A dumpster, or similar trash receptacle of heavy construction may be a Wildlife Proof Refuse Container. c. Wildlife Proof Dumpster Enclosure-a fully enclosed structure consisting of four sides and a roof or cover of sufficient design and construction to prevent access by wildlife. The door or cover must have a latching mechanism, the sides of the structure must extend to within two inches of the ground,and ventilation openings must be covered with a heavy gauge steel mesh or other material of sufficient strength to prevent access by Wildlife. Wildlife Proof Dumpster Enclosures are subject to all building codes and planning and zoning requirements. d. Wildlife Resistant Refuse Container - a fully enclosed container that can be constructed of pliable materials but must be reinforced to deter access by wildlife. 3. General Requirements. a. Refuse Container Design. All refuse containers, regardless of size, that receive wastes shall be either a Wildlife Proof Refuse Container as recommended by the Division of Wildlife (All Refuse Haulers will be issued a list of recommended refuse containers created by the county with direct input by the Colorado Parks and Wildlife. This list will be kept on record at the Eagle County Building), or a Wildlife Resistant refuse container which is stored within a building, house, garage, or approved Wildlife Proof Dumpster Enclosure. The lid must fit tightly and have a latching mechanism resistant to animal access. Any refuse container and/or dumpster which has been compromised by wildlife shall be replaced within 14 days. b. Dumpster Design. All dumpsters,regardless of size,that receive food waste shall be of a design that is Wildlife Proof,with drain holes no greater than one(1) inch in diameter. Dumpster lids must have a closure mechanism and/or a latching device and be approved by the Colorado Parks and Wildlife, or their designee.All lids must: (1) Fully enclose(cover)the dumpster opening; (2) Have edges that fit flush(not turned up or bent); (3) Have closure mechanisms which will withstand opening by an animal and will remain closed when on their side or upside down; LAND USE REGULATIONS 4-48 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS (4) Have acceptable latching devices, such as cables,bars and/or handles and must lock into place with a pin or other mechanism; and (5) Be constructed to withstand the weight of a full grown bear (approximately 450 pounds). c. Outdoor Compactor Design. Compactors must be Wildlife Proof. No trash may be exposed and doors must be kept closed except when loading or removing refuse. d. Time Limit. Refuse for curb-side pick up shall only be allowed to remain by the curb during daylight hours. Refuse containers which do not meet the standards of Section 4-410.C.3. "General Requirements,"must be wildlife resistant and may only remain outdoors from dawn to dusk on the day of trash pick-up. SECTION 4-420. DEVELOPMENT IN AREAS SUBJECT TO GEOLOGIC HAZARDS A. Purpose. There are certain types of lands in Eagle County that have the potential to pose hazards to human life and safety and to property due to their geologic characteristics. These lands include, but are not limited to, avalanche hazard areas, rockfall hazard areas, landslides, debris fans, talus slopes, areas containing expansive soils and rocks, and areas susceptible to ground subsidence. Development in these hazard areas also has the potential to cause significant impacts on the environment, including loss of soil and vegetation cover, which can cause increased runoff and consequent erosion and sedimentation. (am. 02/06/07) These regulations are intended to ensure that development avoids geologic hazard areas whenever possible. Where it is not possible for development to avoid these areas,mitigation techniques shall be provided to reduce or minimize the potential impacts of these hazards on the occupants of the property and,as applicable,the occupants of adjacent properties. B. Maps Incorporated. There are two(2)sets of maps that depict the potential geologic hazard areas in unincorporated Eagle County. The first such map set is known as"Bedrock Geological, Surficial Deposits and Potential Geologic Hazards Map, Eagle County, Colorado", prepared by Charles S. Robinson and Associates, Inc., Golden, Colorado, 1975. The second such map set is known as "Bedrock Geological, Surficial Deposits and Potential Geologic Hazards Map, Eagle County, Colorado",prepared by Allan E.Miller,Consulting Geologist,Steamboat Springs,Colorado, 1977- 78. These two(2)maps sets are hereinafter referred to collectively as"The Eagle County Geologic Hazard Maps" and are hereby incorporated herein by reference. A copy of the map sets are available for review by the public in the Office of the Planning Director during normal business hours. C. Applicability. The provisions of this Section 4-420, Development in Areas Subject to Geologic Hazards, shall apply to the following: (am. 02/06/07) 1. Lands Designated on Geologic Hazard Maps. Applications for Building Permit, Subdivision Exemption, Subdivision, Special Use, or Planned Unit Development • LAND USE REGULATIONS 4-49 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS proposed on lands that are designated on the Eagle County Geologic Hazards Maps as avalanche hazard areas, rockfall hazard areas, landslides, debris fans, talus slopes, areas containing expansive soils and rocks, and areas susceptible to ground subsidence. 2. Exemptions. The following types of development shall be exempt from the provisions of this Section 4-420,Development in Areas Subject to Geologic Hazards. a. Previously Subdivided Lot. The development of a single-family residence duplex, multi-family structure,commercial, industrial or institutional structure on a lot that received prior subdivision approval by Eagle County and,which bears the Board of County Commissioners Certificate. Also, any development conducted pursuant to a valid, approved special use permit shall be exempt. The development of said uses shall comply with any geologic hazard mitigation requirements applied by Eagle County to the approval of the subdivision, Planned Unit Development or Special Use Permit. (am. 02/06/07) b. Existing Structure. The remodeling,repair,restoration,alteration or expansion of any existing structure. D. Procedure. 1. General. Review of development that is subject to the provisions of this Section 4-420, and shall require referral of the application to the Colorado Geological Survey(CGS). 2. Geologic Hazards Analysis. An applicant for development that is subject to the provisions of this Section 4-420, Development in Areas Subject to Geologic Hazards, shall submit a Geologic Hazards Analysis. The purpose of the Geologic Hazards Analysis is to determine, on a site specific basis, the location and degree of severity of the geologic hazards encumbering the property. The Geologic Hazards Analysis shall be prepared by a professional qualified geologist or registered engineer who has the expertise to map and evaluate geologic hazards and to assess their potential impacts on the development. The map depicting slopes may be prepared by a surveyor registered in Colorado. (am. 02/06/07) a. Building Permit Applications. For development requiring a Building Permit,the application shall include those materials described under Subsection 4- 420.D.2.e.(2), Preliminary Plan/Special Use Permits, in addition to the materials required for the Building Permit application pursuant to Chapter III of these Regulations. (orig. 03/09/23) b. Subdivision Exemption.For development requiring a Subdivision Exemption,the application shall include those materials described under Subsection 4- 42O.D.2.e.(2), Preliminary Plan/Special Use Permits, in addition to the materials required for the Subdivision Exemption application pursuant to Article 5, Section 5-270 Subdivision Exemption. (orig. 03/09/23) LAND USE REGULATIONS 4-50 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS c. Minor Subdivision. For development requiring a Minor Subdivision of land, excluding condominium maps, subdivision of townhomes, duplexes or patio homes, and lot line adjustments, the application shall include those materials described under Subsection 4-42O.D.2.c.(2),Preliminary Plan/Special Use Permits in addition to the materials required for a Minor Subdivision application pursuant to Article 5, Section 5-290 Minor Subdivision. (orig. 02/06/07) d. Development Involving Subdivision, Special Use Permit, or Planned Unit Development Review. For any development subject to the procedures and standards of this Section that involves Subdivision, Special use Permit,or Planned Unit Development review, the Geologic Hazards Analysis shall be submitted in two(2) steps, as follows: (orig. 03/09/23) (1) Sketch Plan. The Geologic Hazards Analysis submitted with the sketch plan shall provide an initial investigation of the feasibility that the development can comply with this Section. It shall contain the following materials: (a) Map. A map of the property that depicts the general locations of geologic hazards regulated by this Section in relationship to planned development areas. The map shall depict contours at a minimum of ten(10) foot intervals. (am. 02/06/07) (b) Report. A brief report describing, in a general manner, whether the development is able to avoid the geologic hazards or proposes to mitigate the impacts of those hazards on the development. If mitigation is proposed, a general description of the form that mitigation is proposed to take shall also be provided. (2) Preliminary Plan/Special Use Permits. The Geologic Hazards Analysis submitted with the Preliminary Plan or Special Use Permit shall provide a site specific analysis of how the development will comply with this Section. It shall contain the following materials: (am. 02/06/07)(orig. 03/09/23) (a) Site Specific Analysis. A site specific analysis of the property that depicts the locations of geologic hazards regulated by this Section in relation to planned development areas. The map shall also provide an accurate survey depiction, at two (2) foot contour intervals, of those portions of the property that contain slopes in excess of thirty(30)percent. (b) Impact Evaluation. An evaluation of the potential impacts of the geologic hazards on the proposed development and potential impacts on any property surrounding the subject property. This LAND USE REGULATIONS 4-51 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS shall include an evaluation of any recent natural or human-made activity associated with the geologic hazards and shall provide an expert opinion as to the degree of severity of the potential geologic hazards. (am. 02/06/07) (c) Building Envelopes. For newly proposed development or redevelopment, building envelopes shall be utilized, where applicable, to ensure that structures will be located in areas free of geologic hazards or that have been properly mitigated as to all identified hazards. Subdivision Plat Notes shall be utilized to identify geological hazards present outside of platted building envelopes, as applicable. (am. 02/06/07) (d) Report. A complete report identifying how the proposed development will comply with the standards of this Section, including proposed hazard mitigation and avoidance measures. 3. Referral to Colorado Geological Survey. During the staff review of the application, the Planning Director shall refer the application and Geologic Hazards Analysis to CGS. Referral of Final Plat applications will be at the discretion of the Planning Director..The Report must be prepared by a registered professional engineer or geologist. a. Review By CGS.CGS shall review the application and Geologic Hazards Analysis and provide comments to the County on potential geologic hazards posed to persons and property. The purpose of this review is to make use of the expertise and judgment of CGS to evaluate the potential impacts of these hazards on development and to determine the appropriate avoidance or mitigation techniques that may best apply to the proposed development. (am. 02/06/07) b. Revision of Analysis May Be Required. If CGS determines there are geologic hazards on the property that are not shown on the Eagle County Geologic Hazard Maps and have not been addressed by the applicant, or that the Geologic Hazards Analysis is otherwise incomplete or inadequate, the County may require the applicant to revise the Geologic Hazards Analysis to properly address said hazards. 4. Recommendation By CGS. Considering the geologic characteristics of the property and potential geologic hazards associated with those characteristics, the CGS shall make recommendations regarding the potential impacts of the hazards and determine appropriate avoidance or mitigation techniques. 5. Consideration. The County shall consider the content of the Geologic Hazards Analysis and the recommendations of the CGS during the development review process. LAND USE REGULATIONS 4-52 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS SECTION 4-425. HILLSIDE DEVELOPMENT(orig. 02/06/07) A. Purpose. To protect the property and quality of life of present and future residents by regulating development on steep valley-side slopes. By requiring development that occurs upon steep slopes to adhere to specified review procedures, performance standards and design guidelines intended to implement the following design objectives: 1. To enhance the quality of life of existing and future residents by the preservation and protection of the County's steep valley-side slopes; 2. To contribute to the natural hillside character of the existing neighborhoods and developments in the County by limiting the alteration to topography and natural drainage ways; 3. To preserve and protect the unique landforms and special natural features and aesthetic qualities of the hillside areas; 4. To ensure that new development is sensitive to the existing natural setting and that the protection design minimizes the removal of significant vegetation and natural features to the greatest extent practicable; 5. To integrate natural features into project design; 6. To respect the existing views toward and from steep valley-side slopes and privacy of the adjacent homes; 7. To encourage the use of innovative design techniques and solutions which minimize disturbance and protect sensitive areas; 8. To recognize community concerns related to development and its impact upon visually significant hillsides. B. Methodology. Adoption of regulations requiring that development on such slopes respect existing natural drainage ways, land forms, vegetation, visually sensitive areas, viewsheds and privacy considerations. C. Applicability. Except as provided in Section 4-425.G. hereof, the provisions of this Section 4-425 shall apply to applications for subdivisions, planned unit developments, special use permits and building permits, whether for single-family residential, duplex residential, multi-family residential, commercial, industrial or institutional structures, and including ancillary stormwater drainage appurtenances,access roads,driveways and parking areas,on land that contains slopes of thirty(30)percent or more. D. Application Requirements 1. Subdivisions,Planned Unit Developments and Special Use Permits. a. Minor Subdivisions. An application for minor subdivisions, excluding condominium maps, subdivision of townhomes, duplexes or patio homes, and lot line adjustments, shall include the materials described under this Section 4-425,in addition to the materials required under Article 5, Section 5-290 Minor Subdivision. LAND USE REGULATIONS 4-53 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS b. Subdivision and Planned Unit Development. An application for subdivision and planned unit development sketch plans and preliminary plans shall include the materials described under this Section 4-425, in addition to the materials required for subdivision application under Article 5, Section 5-280 Subdivision and/or Article 5, Section 5-240 Planned Unit Development District. c. Special Use Permits. An application for a special use permit shall include the materials required under this Section 4-425, in addition to the materials required under Article 5, Section 5-250 Special Uses. d. Required Materials. All subdivision,planned unit development and special use permit applications must include: (1) A slope analysis map shall be prepared by a professional engineer or professional land surveyor registered in the State of Colorado depicting the site contours as follows: (a) Sketch plans shall provide a topographic map that depicts contours at a minimum of ten(10)foot intervals. (b) Preliminary plans and special use permits shall provide a scaled site grading plan that depicts existing and proposed final grades with a maximum of two (2) foot contours. Site plans must illustrate the existing grades and improvements for the entire property in question unless the County Engineer approves a different area of interest. Areas on the map that contain slopes that are greater than 30%, and which will remain undisturbed, may be shown at ten(10) foot contours. (2) A scaled site plan including all existing and proposed improvements and pertinent natural features such as rock outcroppings and significant groupings of existing vegetation,prepared at a scale of 1"=50 feet or less; and (3) An impact evaluation report, i.e., a narrative evaluation of the potential impacts of development on slopes greater than 30% within the proposed development, as well as potential impacts on adjacent surrounding properties; the report shall include an evaluation of any natural or pre- existing human-made alterations to the natural site grade; conclusions and recommendations for grading procedures; soil design criteria for any structures or embankments required to accomplish the proposed grading; and, where necessary, slope stability studies, and recommendations and conclusions regarding site geology. LAND USE REGULATIONS 4-54 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS e. The topographic contour map, grading plan, site plan, elevation drawing and impact evaluation report evaluated for consistency with the governing zone district standards and in accordance with the following review criteria: (1) All standards of the governing zone district must be met (minimum setbacks,maximum height,lot coverage,driveway and road grades,access points, etc.); (2) Disturbance of the natural terrain should be minimized to the extent practicable: (a) Cuts and Fills should be minimized to the extent practicable and visually compatible stabilization measures should be used for Cut and Fill slopes; (b) Natural land forms should be preserved to the extent practicable and natural features such as slopes and rock formations should be incorporated into the site design to the extent practicable; (c) Existing,natural vegetation should be preserved and incorporated into the project design to the greatest extent practicable; (3) Visual impacts upon off-site areas should be avoided or reasonably mitigated: (a) Structures should be finished in earthtone architectural treatments and colors to make the structure less conspicuous as viewed from off-site. White and other light colors should be avoided. (b) Structures should be sited so that there is a mountain or hillside backdrop. (c) Existing vegetation should be preserved to the extent practicable and supplementary wildfire resistive landscaping introduced, to offset the visual impact of the structural mass on highly visible building sites. (Reference Colorado State Forest Service Publication 6.305,Firewise Plant Materials or, the version of this publication currently in effect.) Minimal water usage is recommended to avoid erosion and similar degradation of the site; where erosion control methods include hillside revegetation, temporary irrigation may be utilized until the vegetation is established. LAND USE REGULATIONS 4-55 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS E. Outside Referral. During the staff review of the application,the Planning Director may refer the application to any applicable referral agency. F. Consideration of Application. The County shall consider the content of the application and the recommendations of the referral agencies,as applicable,during the development review process to determine whether the proposed development in its proposed location is consistent with the spirit and intent of related standards and is unlikely to have any significant adverse impact to adjacent properties or the public health, safety and welfare. As a result of such consideration, the County may make the following determinations,among others. 1. Based upon site-specific slope characteristics, all newly proposed building sites must be sized appropriately to accommodate primary structures, ancillary structures, ancillary stormwater drainage appurtenances, parking structures, roads, driveways, parking areas and septic systems, well heads and all other necessary utilities for development within all zone districts. Each proposed building site shall be evaluated lot-by-lot based on the materials provided in accordance with the application requirements detailed in this Section 4-425. 2. Building Envelopes. For newly proposed development or redevelopment, building envelope placement must give due consideration to the review criteria of this Section 4-425. G. Building Permits. An application for a building permit for new single-family, duplex,multi- family,commercial,industrial or institutional structures and grading permits on any portion of a lot or parcel of land containing slopes greater than 30%,shall include the following material,provided that applications for permits for development within building envelopes on plats previously approved by the Board of County Commissioners that bear the Board of County Commissioners' Certificate shall be exempt from the requirements of this Section 4-425.G. 1. A scaled site grading plan that depicts existing and proposed final grades with a maximum of two (2) foot contours. Site plans must illustrate the existing grades and improvements for the entire property in question unless the County Engineer approves a different area of interest. Areas on the map that contain slopes that are greater than 30%, and which will remain undisturbed,may be shown at ten(10)foot contours. The slope analysis map shall be prepared by a surveyor registered in Colorado; 2. A scaled site plan including all existing and proposed improvements and pertinent natural features such as rock outcroppings and significant existing vegetation,prepared at a scale of 1"=20 feet or less; • 3. A scaled Hillside building elevation drawing, including proposed grades, existing grades and scaled cross section(s)depicting the most prominent view(s)of the proposed building. The elevation and cross section drawings must be prepared at a scale of 1 inch =20 feet or less. LAND USE REGULATIONS 4-56 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS H. Review Criteria for Building Permit Applications. The materials submitted in support of a building permit application shall be reviewed for consistency with the following criteria: 1. All standards of the governing zone district must be met (minimum setbacks, maximum height, lot coverage,driveway and road grades, access points, etc.); 2. Disturbance of the natural terrain should be minimized to the extent practicable: a. Cuts and Fills should be minimized to the extent practicable and visually compatible stabilization measures should be used for Cut and Fill slopes; b. Natural land forms should be preserved to the extent practicable and natural features such as slopes and rock formations should be incorporated into the site design to the extent practicable; c. Existing, natural vegetation should be preserved and incorporated into the project design to the greatest extent practicable. 3. Visual impacts upon off-site areas should be avoided or reasonably mitigated; a. Structures should be sited so that there is a mountain or hillside backdrop; b. Structures should be finished in earthtone architectural treatments and colors to make the structure less conspicuous as viewed from off-site. White and other light colors should be avoided; c. Existing vegetation should be preserved where practicable to soften the impact of structural mass of buildings located in highly visible areas, and in such areas supplementary wildfire resistive landscaping should also be introduced, as necessary. d. Driveways should not be the predominant feature of the front yard; shared driveways are encouraged, when appropriate. Paved and other structural areas outside the main building mass should be softened by preserving the pre-existing vegetation where practicable; e. Minimal water usage is recommended to avoid further aggravating geologic hazard impacts. Where erosion control methods and visual impact mitigation include hillside revegetation, temporary irrigation may be utilized until the vegetation is established. SECTION 4-430. DEVELOPMENT IN AREAS SUBJECT TO WILDFIRE HAZARDS A. Purpose. There are certain regions of Eagle County that have the potential to pose hazards to LAND USE REGULATIONS 4-57 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID.A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS human life and safety and to property because they can be threatened by wildfire. These regulations are intended to provide standards to reduce or minimize the potential impacts of wildfire hazards on properties, the occupants of properties and the occupants of adjacent properties, as well as to facilitate access to manmade structures by firefighters in the event of a wildfire. Development should attempt to avoid high and extreme wildfire hazard areas whenever possible. (am 12/17/02) B. Applicability. The provisions of this Section shall apply to any application for a Special Use Permit, Subdivision or Planned Unit Development(PUD). (am 12/17/02) C. Vegetation Management Plan. All applications identified in Section 4-430.B,Applicability,shall include a Vegetation Management Plan. The Vegetation Management Plan shall be prepared by a natural resource professional with expertise in the field of vegetation management and wildfire mitigation. (orig. 12/17/02) 1. Special Use Applications. For development requiring a Special Use Permit, the application shall include those materials described under Subsection 4-430.C.2.b, Preliminary Plan. (orig. 12/17/02) 2. Development Involving Subdivision or PUD Review. (orig. 12/17/02) a. Sketch Plan. The Vegetation Management Plan submitted with the sketch plan shall provide an initial site-specific evaluation. Following is the minimum information to be included in the plan: (1) A statement of objectives for the Vegetation Management Plan; (2) A site-specific wildfire analysis addressing topographic and vegetation features; (3) A vegetation inventory, analysis and map which identifies and assesses the major timber stands and vegetation according to National Fire Protection Association (NFPA) Bulletin Number 299, Standard for Protection of Life and Property from Wildfire,1997 Edition or, the • version of the referenced publication currently in effect. b. Preliminary Plan. The Vegetation Management Plan submitted with the preliminary plan shall provide a detailed site specific analysis which includes the following minimum information; (1) A schedule delineating how the wildfire mitigation actions identified in the plan will be implemented including, but not limited to, overlot vegetation thinning, creation of fuel-breaks and the installation of working fire hydrants, fire cisterns and or/dry hydrants prior to the introduction of combustible construction materials on the site; LAND USE REGULATIONS 4-58 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A.71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS (2) Communication capabilities during construction with the Local Fire Authority Having Jurisdiction and the type of communication system. A physical address is required for E-911 purposes; (3) Detailed specification of fire protection equipment and emergency preparedness actions to be installed or implemented and maintained • within the subdivision during construction; (4) Detailed mitigation actions including, but not limited to, thinning and removal of trees and vegetation designed to mitigate wildfire hazard areas. The use of building envelopes may be required to locate structures outside of severe hazard areas, off of steep slopes and outside of draws and canyons; (5) Identification of the entities responsible for implementing the plan, constructing required improvements, and maintenance in perpetuity of the improvements and appropriate easements, if any; (6) A map identifying major timber stands and vegetation, locations of fire hydrants,water tanks, cisterns and/or dry hydrants, as well as locations and flows or capacity of fire hydrants, water tanks, cisterns and/or dry hydrants. D. Procedure. 1. Referral to Colorado State Forest Service. As part of the review of the application, the Planning Director shall refer to the Colorado State Forest Service (CSFS) all applications as identified in Section 4-43O.B.,Applicability. Referral of Final Plat applications will be at the discretion of the Planning Director. 2. Review and Classification of Degree of Hazard By CSFS. CSFS reviews the application and determines whether there is a low, moderate, high, or extreme degree of severity of wildfire hazard posed to persons and property pursuant to the National Fire Protection Association (NFPA) Bulletin Number 299,Standard for Protection of Life and Property from Wildfire, 1997 Edition or,the version of the referenced publication currently in effect. CSFS considers the Vegetation Management Plan, Defensible Space and proposed design of the subdivision or PUD(including the planned roads and water supply facilities and the configuration and location of lots), the topography of the site, the types and density of vegetation present, the fire protection measures proposed by the applicant and other related factors in making its determination. (am 12/17/02) 3. CSFS Response. Considering the degree of severity of wildfire hazard that is posed to persons and property, the CSFS shall also comment on the potential effectiveness of the Vegetation Management Plan and the mitigation techniques proposed. These recommendations shall be based on guidelines promulgated by CSFS (see, for example, "Creating Wildfire-Defensible Zones,No. 6.302 or currently accepted standards.)and may include, but are not limited to the following wildfire hazard mitigation techniques: (am 12/17/02) LAND USE REGULATIONS 4-59 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF • ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS a. Locations. Recommendations to locate structures outside of severe hazard areas, off of steep slopes and outside of draws and canyons. b. Manipulate Vegetation. Recommendations to manipulate the density and form of vegetation, so as to create defensible space buffers around locations where structures are proposed including: Removal of tree limbs hanging near chimneys, establishing fuel-breaks, reduction of on-site vegetative fuel hazards through strategic thinning and clearing to promote overall health of on-site vegetation by reducing the severity of the hazard. The form and the extent of the recommendations to manipulate vegetation shall relate directly to the severity of the hazard that is present. (am 12/17/02) c. Building Design. Recommendations to use fire rated or non-combustible roof materials,to require pitched roofs,and to sheath,enclose or screen projections and openings above and below the roofline, as applicable. Compliance with these recommendations shall occur prior to building permit issuance pureuant to Chapter 3.10, Building Resolution of the Eagle County Land Use Regulation.(am. 12/61/24) (am 12/17/02) d. Water Supply. Where access to a pressurized water system with fire hydrants is not provided,recommendations may be made to ensure the availability of a water supply for individual structures, in the form of access to a pond, installation of an underground water storage tank,provision for dry hydrants, or similar methods. e. Access. Recommendations to provide separate routes of entrance and exit into the subdivision or PUD, to lay out roads so as to create fuel breaks and to ensure the adequacy of access by emergency vehicles, including the provision of regularly spaced turnouts along roadways, the establishment of adequate grades and sight distances and the prohibition of dead end streets in the development. Depending upon the length of the road,fire hazard rating,number of units proposed,topography and the recommendation of the Local Fire Authority Having Jurisdiction, the Board of County Commissioners may,at their discretion,grant a variance from the required improvement standard. (am 12/17/02)(am 03/21/06) f. Maintenance. Recommendations to keep roofs cleared of debris and to store flammable materials and firewood away from structures. Firebreaks, turnaround areas and emergency access routes shall be maintained. (am 12/17/02) 4. Compliance. The County shall consider the recommendations of the CSFS and apply the appropriate recommendations as conditions of approval of the sketch and preliminary plan. The applicant shall demonstrate how the development complies with all of the CSFS recommendations made conditions of approval by the County. (am 12/17/02) E. Standards. (orig. 12/17/02) LAND USE REGULATIONS 4-60 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 1. Water Supply and Access. The following standards for water supply and access shall apply to all applications as identified in Section 4-430.B.,Applicability. a. Water Supply. (1) Fire Hydrants. (a) Fire hydrants shall be provided when a water distribution system will serve the proposed development and shall meet the required fire flow as defined in the fire code in effect at the time of application or as otherwise determined by the Local Fire Authority Having Jurisdiction. (b) The water distribution system shall be capable of delivering the required fire flow for each hydrant connected to the distribution system within the proposed subdivision as delineated in the fire code in effect at the time of application,or as otherwise required by the Local Fire Authority Having Jurisdiction. (c) Fire hydrants shall be located at the intervals defined in the fire code in effect at the time of application, and shall be located so that all structures are within a maximum five hundred(500)feet as defined in the fire code in effect at the time of application or as otherwise determined by the Local Fire Authority Having Jurisdiction. (d) Fire hydrants shall be located in the public right-of-way or at other locations as required and approved by the Local Fire Authority Having Jurisdiction. (e) Fire hydrants shall be accessible to fire fighting apparatus from County maintained roads, privately maintained roads or • unobstructed emergency vehicle lanes as determined by the Local Fire Authority Having Jurisdiction. (2) Water tanks,cisterns and/or dry hydrants. Water tanks,cisterns and/or dry hydrants shall be provided in developments that are not served by hydrants unless the Local Fire Authority Having Jurisdiction has approved an alternative fire protection water supply system. (a) Water tanks and cisterns shall meet the requirements of the 1997 Uniform Fire Code as adopted by Eagle County, or as defined in the fire code in effect at the time of application. Depending upon the recommendation of the Local Fire Authority Having Jurisdiction, the Board of County Commissioners may, at their discretion, grant a variance from the required improvement standard. (b) A dedicated turn-around shall be placed no more than fifty (50) LAND USE REGULATIONS 4-61 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION4-4 NATURAL RESOURCE PROTECTION STANDARDS feet from a water tank or dry hydrant cistern and the discharge from the water tank or dry hydrant cistern shall be within eight (8) feet of the nearest usable portion of the dedicated right- of-way, unless otherwise approved by the Local Fire Authority Having Jurisdiction. (c) Dry hydrants may be provided in combination with or in lieu of cisterns, water tanks or other approved fire protection water supply systems. Dry hydrants shall be installed in accordance with the standards ofNFPA Bulletin Number 1142,Suburban and Rural Fire Fighting 2001 Edition or, the version of the referenced publication currently in effect. The Local Fire Authority Having Jurisdiction may approve an alternative standard. An average home size of 5000 square feet shall be assumed unless further modified within the development. b. Access. With the exception of properties proposed to be served by driveways or by urban cul-de-sacs, separate routes of entrance and exit into the development shall be provided. Roads shall be laid out with consideration for creating fuel breaks and to ensure the adequacy of access by emergency vehicles, including the provision of regularly spaced turnouts along roadways, the establishment of adequate grades and sight distances and the prohibition of dead end streets longer than 1000 feet or serving more than 25 contiguous lots within the development. Reference ROADWAY STANDARDS ECM Section/1 620.D8_3.9.a and Section 1 620.J8_9.1.h. Depending upon the length of the road, fire hazard rating, number of units proposed, topography and the recommendation of the Local Fire Authority Having Jurisdiction,the Board of County Commissioners may, at their discretion, grant a variance from the required improvement standard. /06/(am. 12/01/24) SECTION 4-440. WOOD BURNING CONTROLS A. Findings and Intent. The Eagle County Board of County Commissioners hereby find and declare air quality to be an important part of the health, safety and welfare of the community. The Board of County Commissioners have a duty to protect and improve air quality in and around Eagle County, not only for the health, safety and general welfare of its residents and visitors, but also because air pollution resulting from the use of wood burning devices reduces the desirability of Eagle County as a recreation and tourism destination, thus affecting the aesthetic and economic welfare of the County. The Board of Commissioners find and declare the present level of degradation of air quality to be unacceptable and recognize the need to achieve the maximum • practical degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution caused by wood smoke. It is the intent of the Board of County Commissioners to enact reasonable regulations to control pollution caused by wood smoke for the purpose of improving the air quality, aesthetic features and economy of Eagle County. LAND USE REGULATIONS 4-62 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS B. General Requirements. 1. Only New Technology Devices Permitted. Building or mechanical permits shall only be issued for the installation of wood burning devices that comply with the standards of a new technology device, as defined herein, or unless the installation is otherwise exempt from these Regulations. 2. Existing Wood Burning Devices. Buildings with wood burning devices in existence on the effective date of this regulation shall be permitted to replace existing wood burning devices with new technology devices. 3. Exemptions. Section 4-440.C., Maximum Number of Wood Burning Devices in New Structures, does not apply to parcels thirty five (35) acres or greater in size, zoned Resource, and the sole source of heat is a new technology device. C. Maximum Number of Wood Burning Devices in New Structures. The maximum number of wood burning devices permitted within new structures in unincorporated Eagle County shall be as follows: 1. R, RL, AR, AL, and RR Zone Districts. One (1) new technology device shall be permitted per building within the Resource (R), Resource Limited (RL), Agricultural Residential (AR), Agricultural Limited (AL), and Rural Residential (RR) zones, unless exempt under Section 4-440.B.3. Exemptions. 2. RC,RSL,RSM,RMF and FH Zone Districts. Within the Rural Center(RC),Residential Suburban Low Density(RSL),Residential Suburban Medium Density (RSM),Residential Multi-Family(RMF), and Fulford Historical (FH)zone districts,the following limitations shall apply: a. Single-Family and Duplex Units. One (1) new technology device shall be permitted per dwelling unit in single-family and duplex dwellings. b. Multi-Family Units. Wood burning devices shall not be permitted within multi- family dwelling units;however, one(1)new technology device shall be permitted in the common area of a building containing multi-family units. 3. RC, CL, CG, and I Zone Districts. Within the RC (Rural Center), Commercial Limited (CL),Commercial General(CG)and Industrial(I)zone districts,the following limitations shall apply: a. Commercial and Industrial Uses. One (1) new technology device shall be permitted per each building that contains commercial and industrial use(s); or b. Hotel or Motel Use. One(1)conventional open-hearth fireplace shall be permitted in the common area of a building that contains a motel or hotel use. LAND USE REGULATIONS 4-63 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF Said fireplace shall be constructed with glass doors and shall have the ability to regulate the amount of outside return air entering the fire chamber. ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION4-4 NATURAL RESOURCE PROTECTION STANDARDS 4. Approved PUD. Within any approved planned unit development (PUD), including the Eagle-Vail PUD, the following limitations shall apply, unless alternative limitations are approved as part of the PUD Guide: a. Single-Family and Duplex Units. One (1) new technology device shall be permitted per dwelling unit in single-family and duplex dwellings. b. Multi-Family Units. Wood burning devices shall not be permitted within multi- family dwelling units; however, one (1) new technology device shall be permitted in the common area of a building containing multi-family units. c. Commercial and Industrial Uses. One (1) new technology device shall be permitted per each building that contains commercial and industrial use(s); or d. Hotel or Motel Use. One(1)conventional open-hearth fireplace shall be permitted in the common area of a building that contains a motel or hotel use. Said fireplace shall be constructed with glass doors and shall have the ability to regulate the amount of outside return air entering the fire chamber. SECTION 4-450. RIDGELINE PROTECTION A. Purpose. The purpose of the Ridgeline Protection Section is to preserve and maintain the County's scenic aesthetic resources as viewed from certain roadway corridors that are important to the character and economy of Eagle County. This is accomplished by the establishment of ridgeline areas within which the location and design of new development or redevelopment is reviewed to maintain and preserve the natural appearance of the mountain skyline by avoiding penetration or interruption of the natural skyline. (See definition of `Ridgeline' in Article 2: Definitions). (am.07/17/06) B. ' Areas Subject to Analysis. All undeveloped lands located near or on a ridgeline or intermediate ridge which are visible from the following transportation routes (am.07/17/06): BRUSH CREEK ROAD GYPSUM CREEK ROAD US HIGHWAY 82 Corridor COLORADO RIVER LAKE CREEK ROAD US HIGHWAY 24 ROAD Corridor EL JEBEL ROAD SQUAW CREEK ROAD US HIGHWAY 131 Corridor FRYING PAN ROAD WEST LAKE CREEK I-70 Corridor ROAD C. Applicability. The provisions of this Section 4-450, Ridgeline Protection, shall apply to LAND USE REGULATIONS 4-64 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS applications for Building Permits, Subdivision, Special Use, or PUD. (am.07/17/06) D. Exemptions.These standards shall not apply to: (orig.07/17/06) 1. Activity or development that has been previously approved through the Building Permit or Special Use Permit process prior to the date of adoption of these regulations; 2. All lots within platted subdivisions, approved by the Board of County Commissioners, which prior to the effective date of these Ridgeline regulations have designated building envelopes, assigned building areas or otherwise include previously approved ridgeline protection and/or mitigation standards. 3. Development which has received approval from the Board of County Commissioners through the PUD process specifically granted a variation from this section; or properties which have received a Variance from the Zoning Board of Adjustment granting a Variance from this section; 4. Telecommunication Facilities which have received Special Use Permits incorporating visual mitigation measures; 5. Public Utility Facilities which have demonstrated that no other feasible and prudent alternative sites exist; 6. Fences constructed primarily of wire; E. Standards. All non-exempt development located in identified areas shall comply with the following standards:•(orig.07/1 7/06) 1. The proposed development, where feasible, shall minimize potential visual impacts by utilizing existing topography and natural vegetation;however,after wildfire mitigation no part of any building shall silhouette the skyline at any time of year. 2. The proposed development height and bulk shall be designed to avoid the silhouetting of buildings from ridgelines. Mitigation techniques may include,but not be limited to either distributing the structural mass into a series of smaller forms;or utilizing stepped rooflines. 3. More restrictive minimum structural setbacks and/or height controls (heights less than normally permitted in underlying zone district)may be necessary to preserve public views from identified transportation routes, as determined by a site specific visual analysis. F. Procedure.(am.07/17/06) 1. An applicant for development that is subject to the provision of this Section 4-450, LAND USE REGULATIONS 4-65 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS Ridgeline Protection, shall submit a visual analysis. The purpose of the visual analysis is to illustrate the anticipated visual effects of the proposed development and to describe how the potential visual impacts will be mitigated. a. Building Permit. For new development on ridgeline, or potential ridgeline areas which requires a building permit, the application shall include those materials described under Subsection 4-450.F.(2), Preliminary Plan in addition to the required materials necessary for the building permit application, and Pursuant to Section 4-450.G.1 FONSI Determination. (am.07/17/06) b. Special Use Application. For development requiring a special use permit, the application shall include those materials described under Subsection 4- 450.D.lb.d.(2),Preliminary Plan in addition to the required materials necessary for the special use permit application. (am.07/17/06) c. Minor Subdivision. For development requiring a Minor Subdivision,pursuant to Section 5-290 Minor Subdivision with the exception of a minor subdivision for the purpose of subdividing condominiums, townhomes, patio homes or duplex structures,the application shall include those materials described under Subsection 4-450.D.1.d.(2), Preliminary Plan (unless otherwise exempted per Section 4- 450.D) in addition to the required materials necessary for the minor subdivision application. (am.07/1 7/06) d. Development Involving Subdivision or PUD Review. For any development subject to the procedures of this Section that involves Subdivision or PUD review, the Visual Analysis shall be submitted in the following stages: (am.07/17/06) (1) Sketch Plan. Within the sketch plan application, the applicant shall submit an initial investigation of potential visual impacts and mitigation techniques. It shall contain the following materials: (a) Map. A map of the property that depicts the general locations of ridgeline areas protected by this Section in relationship to planned development areas. (b) Preliminary Visual Analysis. The Visual Analysis should provide sufficient information to clearly identify visually sensitive areas where development may require mitigation to prevent impacts upon the skyline. (am.07/17/06) (c) Written Statement. A brief written statement describing, in a general manner,where the development is proposed to be located in relation to the ridgeline areas and the design elements that will LAND USE REGULATIONS 4-66 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID.A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS be used to mitigate visual impacts. (am.07/17/06) (2) Preliminary Plan. Within the preliminary plan application,the applicant shall submit a detailed visual analysis. It shall illustrate the existing features of the site, as viewed from the applicable transportation route(s). The analysis shall depict the location and design of the proposed development, from identified vantage points. Vantage points shall be in half-mile increments along the identified transportation route(s) (see Section 4-450.B Areas Subject to Analysis).The visual analysis shall also include: (am.07/17/06) (a) Illustrations. Illustrations of the mass and form of the proposed development. These may be provided as a photograph of the property, onto which the development has been rendered, a computer simulation, an architectural site section or other similar visual display technique.When the property is visible from two or more identified roadways, a visual analysis of the site must be provided from vantage points along all applicable transportation routes. (am.07/17/06) (b) Proposed Mitigation Controls. Proposed Mitigation Controls including,but not limited to the following: (am.07/17/06) (i) Structural Finish Materials and Colors. Statements or samples describing the materials and colors proposed to be used in all structures; (orig.07/17/06) (ii) Height limitations which may be more restrictive than the current definition for calculating building height (as found within Article 2: Definitions) or as the governing zone district allows; (orig.07/1 7/06) (iii) Proposed Building envelopes; (orig.07/17/06) (iv) Natural and introduced landscaping for the purpose of screening and preserving public view sheds. (orig.07/17/06) (v) Other mitigation controls to prevent impacts to the skyline. (orig.07/17/06) (c) Map. A map locating proposed roads and utilities and identifying the area proposed for development. (d) Plans.Grading, landscaping and illumination plans. LAND USE REGULATIONS 4-67 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-498B-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS (e) Written Statement. A written statement shall be submitted depicting how the development mitigates visual impacts on affected ridgelines. (3) Final Plat. Within the final plat application, the applicant shall submit those materials necessary to provide the County with assurances that the development will meet all of its commitments for ridgeline development agreed to during preliminary plan review. Such assurances may include, but not be limited to covenants,deed restrictions and financial guarantees, or any other forms of mitigation as approved by the Board of County Commissioners. For developments that do not require a final plat, this information shall be provided with the preliminary plan. (am.07/1 7/06) 2. Review by County. The County shall review the application and visual analysis to determine whether there is potential visual impact to the ridgelines from transportation routes as identified in Section 4-450.B Areas Subject to Analysis. It is the intent that development subject to this Section 4-450,Ridgeline Protection,be located in such a manner that it does not appear to penetrate above the crest of a ridge whereby the proposed development has no backdrop and penetrates the skyline. (am.07/17/06) G. Approval Process for New Development Not Exempted In Section 4-450.D.Exemptions.Any proposed development which is not exempted pursuant to Section 4-450.D.Exemptions for parcels of land on ridgeline, or potential ridgeline areas must receive a Finding of No Significant Impact (FONSI) from the Director of Community Development. The FONSI determination process shall occur concurrently with review of a Building Permit, unless the proposed new development is approved by the Board of County Commissioners through the Subdivision, PUD or Special Use Permit process,in such instances, a FONSI is not necessary. (orig.07/17/06) 1. FONSI Determination. Prior to administering a FONSI determination, the Planning Director must find that all of the following criterion has been satisfied: a. The newly proposed development has been located to avoid ridgeline areas to the greatest extent practicable; b. The newly proposed development cannot be readily seen from the roadways delineated in section 4-450.B of these regulations; c. The proposed structural addition/expansion will not change the visual aspect of the existing structure or further breach the skyline; d. That there are other circumstances including but not limited to:topography,access, geologic aspects,location and lot shape; and that no other alternative building site exists other than what is proposed; LAND USE REGULATIONS 4-68 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS e. The applicant has demonstrated, to the satisfaction of the Planning Director that Section 4-450.E. Standards has been incorporated into the proposed development. Based upon review of the Building Permit application materials and additional evidence as supplied by the applicant, the Director of Community Development may find that a Finding of No Significant Impact(FONSI) is appropriate. 2. Finding of No Significant Impact (FONSI). The Director of Community Development may determine that a Finding of No Significant Impact (FONSI) should be issued if the proposed building permit in its proposed location is consistent with the spirit and intent of related standards and is unlikely to have any significant adverse impact to adjacent properties or the public health, safety and welfare. In the instance that a FONSI is made, and upon expiration of the reconsideration period described below, the building permit application will be issued pending compliance with all other applicable elements of these Land Use Regulations, as well as, the Eagle County Building Resolution. (am. 12/01/24) a. Notice of Director's Determination of a FONSI. (1) Upon the Director's Determination of a FONSI, the Director shall notify the applicant by mail,and shall notify the Board,the County Administrator and the County Attorney of the Determination by e-mail or memorandum. (2) The Notice of Director's Determination of the FONSI shall be published once in the County legal newspaper not more than fourteen (14) days following the Determination. The notice shall describe the Project and the procedure for requesting reconsideration as set forth below. b. Reconsideration of Director's Determination of a FONSI. (1) Call-up by the Board. Within fourteen(14) days after publication of the Director's Determination of a FONSI,the Board may decide to reconsider the Determination. Such reconsideration shall be made at the next regularly scheduled meeting of the Board for which proper notice can be accomplished. (2) Request for Reconsideration by Affected Party. Any affected party seeking a reconsideration of the Director's Determination of a FONSI shall file a written request with the Board within fourteen(14)days of the date of publication in the newspaper of the Notice of the Director's Determination of the FONSI. The Board shall reconsider the Director's Determination of the FONSI at the next regularly scheduled meeting for which proper notice can be accomplished. The affected party may request a reasonable extension if necessary. LAND USE REGULATIONS 4-69 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 3. Approval Required. If the Director determines that a Finding of No Significant Impact (FONSI) is not appropriate, the application will be forwarded to the Board of County Commissioners for consideration. At a public hearing, the Board of County Commissioners shall consider the application, the relevant support materials, and any public testimony. After the close of the public hearing, the Board may uphold the Director's determination, overturn the Director's determination or overturn the Director's determination with conditions. SECTION 4-460. ENVIRONMENTAL IMPACT REPORT A. Purpose. The purpose of an Environmental Impact Report is to provide complete information on the environmental effects of proposed development to the County Commissioners, the Planning Commission and the general public. In addition,the purpose is to ensure that long term protection of the environment is a criterion to be considered in planning,and that development decisions,both public and private, take into account the relative merits of possible alternative actions. This is accomplished by, providing procedures for review and evaluation of the environmental effects of proposed projects prior to granting of permits or other authorizations for commencement of development. B. Applicability. Unless exempted by Subsection 4-460 D. Exemptions, an Environmental Impact Report is required for applications of subdivision,special use,or PUD that may significantly affect the environment, either during construction or an a continuing basis. C. Application and Review. The Environmental Impact Report shall accompany the initial application submittal for the development proposal. Any subsequent submittal shall include the Environmental Impact report and reflect any revisions or additional information requested by the Planning Director,the Planning Commission or Board of County Commissioners. D. Exemptions. An Environmental Impact Report shall not be required when a phase of a development for which an Environmental Impact Report was previously submitted and reviewed covering all phases of the entire development, provided that the development was approved originally and not subsequently altered in any material respect. E. Report Contents. 1. Environmental Impact Report. The Environmental Impact Report shall contain information and analysis,in sufficient detail and adequately supported by technical studies, to enable the Planning Commission and the County Commissioners to judge the environmental impact of the proposal and to judge measures proposed to reduce or negate any harmful or undesirable environmental impacts. The Planning Director, Planning Commission and or County Commissioners may require submission of information in addition to that listed in this section. The Environmental Impact Report shall include all necessary information to adequately address the specific Environmental Conditions(Section 4-460 E.2.) affected. LAND USE REGULATIONS 4-70 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 2. Environmental Conditions. The following is a list of Environmental Conditions to be considered. • a. By significantly altering an ecological unit or land form,such as a ridgeline,saddle, draw,ravine,hillside, cliff, slope, creek,marsh,watercourse,or other natural land form feature. b. By directly or indirectly affecting a wildlife habitat, feeding, or nesting ground. c. By significantly altering or removing native grasses, trees, shrubs, or other vegetative cover. d. By significantly affecting the appearance or character of a significant scenic area or resource, or involving buildings or other structures that are of a size, bulk, or scale that would be in marked contrast to natural or existing cultural features. e. By potentially resulting in avalanche, landslide, siltation, settlement, flood, or other significant land form change or hazard to health and safety. • f. By discharging toxic or thermally abnormal substances, or involving use of herbicides or pesticides, or emitting significant smoke, gas, steam, dust, or other particulate matter. g. By involving any process which results in significant odor that may be objectionable or damaging. h. By requiring any waste treatment, cooling, or settlement pond, or requiring transportation of solid or liquid wastes to a treatment or disposal site. i. By discharging significant volumes of solid or liquid wastes. j. By increasing the demand on existing or planned sewage disposal,storm drainage, or other utility systems to a level which is likely to cause an adverse impact on the environment. k. By involving any process which generates significant noise that may be offensive or damaging. 1. By either displacing significant numbers of people or resulting in a significant increase in population. m. By preempting a site which is desirable for recreational uses or planned open space. n. By significantly altering local traffic patterns or causing an increase in traffic volume or transit service need. LAND USE REGULATIONS 4-71 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS O. By being a part of a larger project which, at any future stage, may involve any of • the impacts listed above. 3. Preparation. The Environmental Impact Report shall be prepared by qualified professionals. 4. Inclusions. The Environmental Impact Report shall include: a. Overview of Development Proposal. A general statement identifying and describing the proposed development in terms such as site area, numbers of residential units, proposed height and bulk of buildings, building floor area in square feet, and such other data as will contribute to a clear understanding of the scale of the development. Project boundaries, and boundaries of the area within which environmental impact is likely to be significant shall be shown on a site map. b. Other Reviewers. A list of other regulatory review agencies and the specific environmental protection regulations to which the proposed development will be subject(e.g. air,water, solid waste, etc.). c. Summary. A summary of the Inventory and Analysis sections of the Environmental Impact Report and supporting technical studies shall be provided and prepared using terms that can be assessed and evaluated by county officials and the general public. d. Inventory and Analysis. The Inventory and Analysis shall address and incorporate the applicable Environmental Conditions pursuant to Section 4-460 E.2.,Environmental Conditions, as follows: (1) Text,maps,photographs,and other appropriate illustrative material may be used as part of the Inventory and Analysis section of the Environmental Impact Report. (2) The Environmental Impact Report shall include an inventory of existing environmental characteristics of the site that exist prior to the proposed development. (3) The Environmental Impact Report shall include a comprehensive qualitative and quantitative analysis of any environmental impacts of the proposed development. The analysis portion of the Environmental Impact Report shall assess the following items in reasonable detail: (a) Adverse effects, which cannot be avoided if the proposal is implemented. LAND USE REGULATIONS 4-72 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope iD:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS (b) Mitigating measures proposed to minimize the impact. (c) Possible alternatives to the proposed action. (d) Temporary, secondary and cumulative long term effects of the proposal,which either significantly reduce or enhance the state of the environment. (e) Irreversible environmental changes resulting from implementation of the proposal. (f) How, if applicable,the proposal is part of a large project which at any future stage may increase impacts. e. Environmental Topics to Address. Each Environmental Impact Report shall include inventory information and analysis of impacts on the following natural systems: (1) Hydrologic - existing surface drainage and watershed characteristics, groundwater and soil permeability characteristics, natural or man-made water features and characteristics (such as streams, wetlands,ponds, etc.) and any potential changes or impacts caused by the development proposal. (2) Atmospheric - airshed characteristics, potential emissions, and any potential changes or impacts caused by the development proposal. (3) Geologic - all land forms (ridgelines, ravines, etc.), slopes, soil characteristics, potential hazards areas, and any potential changes or impacts caused by the development proposal such as landslide, flood, settlement, siltation, avalanche or other. (4) Biotic - vegetation and wildlife habitats feeding, breeding, nesting or critical habitats including but not limited to upland, riparian and wetland, and any potential changes or impacts including but not limited to intrusion, obstruction,removal or alteration of vegetation. (5) Wastes, Noise and Odors - levels and characteristics of any toxic, noxious or abnormal substances, smoke, odors, gas, wastes, steam, dust or other particulate matter. (6) Visual - views and scenic values, and any potential changes, impacts, or marked contrasts that would affect the scenic area or resource. (7) Circulation and Transportation - volumes and traffic flow patterns, transit service needs, alternative transit systems and potential changes or impacts. LAND USE REGULATIONS 4-73 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS f. Related.Studies and Requirements. If the land development proposal is subject to other standards in these Land Use Regulations that are of a related environmental nature,reports used to meet those standards may be used to satisfy certain requirements for information and analysis in the Environ-mental Impact Report, so long as the preparer clearly identifies how and where a reviewer will find that information within the submittal package. • • LAND USE REGULATIONS 4-74 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-5 COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS DIVISION 4-5. COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS SECTION 4-500. PURPOSE The purpose of this Division is to provide appropriate standards for the operation of commercial and industrial uses in Eagle County. These standards are intended to protect people and property from the health and safety hazards associated with excessive noise, vibration, smoke, heat, glare,radiation,fumes and water pollutants and from the improper storage of hazardous and non-hazardous materials. SECTION 4-510. APPLICABILITY This Division shall apply to all commercial and industrial uses located within unincorporated Eagle County. SECTION 4-520. NOISE AND VIBRATION STANDARDS A. Maximum Permissible Noise Levels. Every use shall be operated such that the noise level produced does not inherently and recurrently exceed sixty(60)decibels,during the hours of 7:00 A.M. to 7:00 P.M., or fifty-five (55) decibels from 7:00 P.M. to 7:00 A.M. During the hours of 7:00 A.M. to 7:00 P.M., the noise levels permitted may increase a maximum of five (5) decibels for a period not to exceed fifteen(15)minutes in any one(1)hour. 1. Measured Along Property Boundary. Noise levels shall be measured at any point along any boundary line of the property on which the use is located. 2. Measurement When There Are Multiple Uses on a Single Parcel. Where more than one (1)use is located on a property,then the noise levels shall also be measured along any wall of any other building on the property. B. Vibration Generated. Every use shall be so operated that it does not inherently and recurrently generate a ground vibration that is perceptible, without instruments, at any point along any boundary line of the property on which the use is located. Where more than one(1)use is located on a property,then this standard shall also be measured along any wall of any other building on the property. SECTION 4-530. SMOKE AND PARTICULATE STANDARDS A. Smoke Emission. Every use shall be so operated that it does not emit smoke exceeding a density (opacity) of twenty(20)percent. B. Emission of Particulate Matter. Every use shall be so operated that it does not emit particulate matter exceeding two-tenths(0.2)grains per cubic foot of the flue gas at a stack temperature of five hundred(500)degrees Fahrenheit. LAND USE REGULATIONS 4-75 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-5 COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS C. Projection of Dust or Fumes. Every use shall be operated so that dust or fumes shall not project beyond the boundary line of the property on which the use is located. Where more than one (1) use is located on a property, then each use shall be operated so that dust or fumes do not project onto any wall of any other building on the property. SECTION 4-540. HEAT,GLARE,RADIATION AND ELECTRICAL INTERFERENCE Every use shall be operated so it does not emit a dangerous or discomforting degree of heat, glare, radiation or electrical interference and does not interfere with the normal operation of other equipment or instruments, including normal radio or television reception beyond any boundary line of the property on which the use is located. Sources of emissions shall be shielded,operated indoors or pointed away from neighboring properties. Where more than one(1)use is located on a property,then these standards shall also apply along any wall of any other building on the property. SECTION 4-550. STORAGE OF HAZARDOUS AND NON-HAZARDOUS MATERIALS A. Storage of Hazardous Materials. 1. Flammable or Explosive Materials. Flammable or explosive liquids, solids, or gases shall be stored so as to comply with all applicable local,state and federal regulations, with particular attention to any standards adopted by the applicable fire district. Hazardous materials stored on-site shall be reported to the County's Emergency Planning Committee, in compliance with the Superfund Amendments Reauthorization Act,Title III,as amended. 2. Outdoor Storage in Closed Containers. All materials or wastes which might cause fumes or dust or that constitute a fire hazard or that may be edible by or otherwise be attractive to vectors may be stored outdoors only when stored in closed containers. 3. Safety. More restrictive standards for the storage of hazardous materials may be applied when required for the safety of occupants of other land uses in proximity to the storage area or to address other pertinent neighborhood conditions. B. Enclosure. All outdoor storage for commercial and industrial uses shall be enclosed by a sight obscuring fence, wall or landscaped berm, concealing it from view from adjacent properties and, if possible,from any public right-of-way. The fence or wall shall not exceed eight(8)feet in height, and shall be built according to plans submitted to and approved by the Planning Director,to ensure its design and materials do not detract from adjacent uses. C. Prevent Transfer By Natural Causes. No materials or wastes shall be stockpiled, deposited or otherwise placed upon a property in such form or manner that they may be transferred off the property by natural causes or forces. LAND USE REGULATIONS 4-76 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope iD:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-5 COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS SECTION 4-560. WATER QUALITY STANDARDS No water pollutant shall be discharged by manufacturing or other processing, unless otherwise permitted by the Colorado Water Quality Control Division. In a case in which potential hazards exist, it shall be necessary to install safeguards and mitigation acceptable to the County Environmental Health Manager and in compliance with the laws of the State of Colorado and the Environmental Protection Agency before operation of the facility may begin. All required site tests, including but not limited to percolation tests,groundwater resource tests and drainage and discharge analysis, as may be required, shall be accomplished before operation of the facilities may begin. • LAND USE REGULATIONS 4-77 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS DIVISION 4-6. IMPROVEMENTS STANDARDS SECTION 4-600. PURPOSE This Division sets forth the minimum design criteria and standards for infrastructure development in unincorporated Eagle County. The criteria and standards are intended to protect and promote the public health, safety and welfare of the residents and visitors of Eagle County. SECTION 4-610. APPLICABILITY A. General Improvements and their appurtenances within unincorporated Eagle County shall be planned and designed in compliance with this Division. These standards shall apply to all development that occurs within unincorporated Eagle County. 1. Minimum Requirements.The designer should be aware that whenever unusual or complex circumstances are anticipated in conjunction with a proposed development, additional information or analysis beyond the minimums set forth herein may be required by the County Engineer. of formance however, they are not in€lexible I€ an altern a desig oced�o; fefleerts--een+munitY-valties-equal-te-er-4etter-than-that-establisheil-by-these-standar-elsr said amended for-approval bytheCeun 3gineer evaluating-the will not be increased. 372. Plans Shall Be Prepared By Professional Engineer. All plans,reports and specifications for development or redevelopment of improvements addressed within this Division shall • be prepared by, or under the direct supervision of,a Professional Engineer, licensed in the State of Colorado. Final public improvement plans, reports and specifications shall bear the seal and signature of the Professional Engineer responsible for their preparation. C. Public Improvements Guarantee. Applicable public improvements shall be guaranteed pursuant to Section 5-240,Planned Unit Development(PUD)District, Section 5-250, Special Uses, Section 5-280, Subdivision, or Section 5-290,Minor Subdivision. SECTION 4-620. ROADWAY STANDARDS A:B. Intent. The intent of these standards is to promote and provide a system of county roads that LAND USE REGULATIONS 4-78 EAGLE COUNTY,COLORADO Article 4 • Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS blend with and fit the mountainous terrain and environment of Eagle County and, outside of the primary arterial corridors in the County,to protect the country road ambience enjoyed and desired by residents and visitors alike, and to allow for maximum creativity of the designer in achieving these goals. These standards provide the designer the means of designing and constructing or reconstructing improvements and other infrastructure that offers maximum convenience to the user at minimum cost, both initially at the time of construction and in the future during maintenance, while also providing for basic safety and functional needs to ensure adequate access to all properties for fire,police and other vital services, on a system of roads that is experiencing increasing use. C. Regulations, Standards, and Criteria. The regulations, standards, and criteria for the Roadway Standards shall be as set forth in the Engineering Criteria Manual,Roadway Standards. (am.12/01/24) (AASHTO) and those of the Institute of Tr anspor'tation Engineers-(ITE` These sta..d rdsalso reflect the ,1 1 a d..tio of the Colo .,do r Departm nt of- Tr ortatio D 1 S /NPS) B f T .1 M t (B M) M 1 TT :for... Traffic !'o tr„1 Devices (MUTCD), and oth If th a ff ence in the standards et f rtl th. Di. and those referenced in any manual referenced i this D_.___ then th st_nd_ra t f rth i� this �__� -- 1 1C[ IOi CIS Iit-L72IO Division-shall-govern, C * 'th Colorado High Com mission Standards C R S '13 2 11 n st„tes that the general standa T rt t' C f tl, tate highways .stet f r tl. n,ling class of a a t a a by Resol ion No 229-D en dune 2l I991 Th,e t991 St na rd -990 Raadlt Design �1Manu , geometric design standards of AASHTO. Th C.unt oaa „ro. em „t standards that contained t- t d a t b f th n n SHTn All guardrail that is to be constructed within Eagle--County-rights-of•` =must -f - t th t C 1 d D rt nt o f Tr ,stet:,, St.,ndards nd Specifications for Road and Bridge Design and the Standard Plans M&S Standards. (orig 3/12/02). b S.Depa tent s Stlndard--Steel Backed-G dr-ail-'Typ n a B aesig atea M617 60 „d t 11 ,1 ds <.1.:..1. e e .,tom .,te ent:tiv as metro districts. (orig 3/12/02) Co,normance--With 1990 Read Design Manual 'I'Il t ff 1 f tl, th d(3 nnm vehicles per day or less. LAND USE REGULATIONS 4-79 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS to have .cl ume er traff, eater tha.. thee th nd (3 nnm 1, 1 A shall a ..liance , ,;tt, the lnon n....,1,..... n g �an Sections- 00 through 1000, inclusive. The design for such roadways shall also consider such otl.er pe,-tine.,t identifiedine0 1 .a• ne es ,;1., lim to l t e to setb ks I ;moo bu ff in,• 1;,. 1 d .c.,.•.•��...,.,J ....,....... •.., b:.•....c �....,..vc�o .vac > > shoulders for ease of maintenance, safety and for non motorized use for bicycles and pedestrians; acceleration/deceleration turn lanes; greater access control to protect the .,,1..ay's , city;and id b a t 1 t f Y J �••••b^nYn J> 1E i oc l Doads T ocal roads defned the Inns __D,adw�y esi� n./...---_l as • roads primarily for access to a residence, business, or abutting property. Their design is addressed in Section 1100 of the Design Manual. The County improvement standards also accommodate lesser design criteria. The alternate standards f fF tem ,l 1 1 1, th ax ao xvx oxx sjr�cczx: aixa xv`s'�dv l�r}Z6-reads aF6 }}} 69�3�6�'l}�axx6@ w}tTr-cr:c minimum criteria presented in AASHTO's 1991 A Polic on Geometric Desi:n Highways and Streets. The alternate standards are envisioned to cover both distance as a safety requirement in the construction or reconstruction of roads. meant to complement and supplement the Highway Functional Classifications used by the U.S. Department-of-Transportation. Under theft€medal Sur se ;p nation-��i�ct County the classifications under ISTEA are as follows: , Eagle County. in unincorporated Eagle County. 3. Other Principal Arterials. Highway 82 is the only other principal arterial in unincorporated Eagle County. 4. Minor Arterials. Highway 24--and-Highway 1-31 ar-e-tthe only-- arterials in unineerperated-Eagle-Getint„ 5. Major Collectors. The major collectors in unincorporated Eagle County are Highway 6, Brush Creek Road, Cottonwood Pass Read including Gypsum Creek Road connecting to Highway 6 in Gypsum, Fryingpan Road and Trough Road. 6. 114inor Collectors. The minor collectors iri unincoiofatefl-Eagle Count C 1 ,l River Road, Cooley Mesa Road, Deep Creek Road, El Jebel Road/Upper Cattle Creek Road, Gypsum Creek Road, Homestake Road, and Sweetwater Road. LAND USE REGULATIONS 4-80 EAGLE COUNTY, COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 7. Local Roads.All other roads in unincorporated Eagle County are classified as local roads. Urban, due to their functional characteristics as defined by AASI=ITO. The user of these in Eagle County. The current classification is attached hereto as Appendix C and will be replaced iurisd'ctio of„ " r rRd La �1 C t. fF d 1 f 11 9/2799) vehicles per day and more as they pass through urban and suburban areas. The lengths of as dictated by traffic volumes. Design and posted speeds range from thirty must be specifically prov' length connecting res d • t' l areasto commercial—and industrial areas, andte ajer vehicles per day. They may also traverse considerable distance. Design and posted speeds range from twenty (20) to forty (1 0) mph, depending upon terrain. Surfaces are treated gravel or p , lve (35) mph, to three • (0.5)mile. Agricultural Residential (AR), LAND USE REGULATIONS 4-81 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS n 1 D is t• l r n n a �=cur a: =ccoxacxx cxscx cvncccvx ItOURO Ra}'ul }'eo}dent}al 6elle6tox roads x3fe of less than 3;SAA vehicles perday'fh �s s � iti etween b�.....»..J ....,...,......b....� .,...... ..,:1::..:.� Wit.�....... a.l:.Y:v Tiesign end posted., ee,ls ., e e er lly te.- ain depen e..t..n relatively to tb. range of twenty five(25)to thirty five(35)mph. lot f:-ortages of-greate,-than two h ndred (2nm f t ,l h dl t ff 1 f ls _than two_l.undreed fifty(54)vehi„les-per day--Paved roads with de-ditches b .-eall.J.YpYe i,led and street Y n p ro e arki : hibited Des:gn eds a from been cHined in the Residential S burb..n T o ,Density (RS \ ,l D ',1 t' l C b. b an a:,, a; e t ems: lent; l l t e hib. t a Extensive berming and planting are generally necessary along these roads to shall have detached paths and transit f cilities„. ,be. red a part f th t t system Attaened pathearepermitted_Nvhere terrain mandates-sucl} designs On st. et rL shall be hib ited Tnte al Suburb a De :dential Road T t l b urb.a a i ent:al . ads sb.o to a,ls itb. le gtb.s „f le s th b, if(0 5) mile road whose ents a ed to be .lisoo„tinuous so the ;..teral reads do }}9t #36tion-as collectors They have design an posted-speecdis between (75)feet and one hu„dre,7 twenty five(1 25)f et Paved roads witl,eurb and gutter e down to three hundred (2nm f et 6-. Urban Residential Roads. Urban residential roads are generally associated with residential m developents ,l a„ those po ftions ..f Planned Unit Development D/ T 4) z districts having an urban density. (am.3/21/06) LAND USE REGULATIONS 4-82 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS a theme-thousand (3-,,000) vehicles-p€r- day. They serve to feed a€fic-into the lanes and vehicle stacking-when exiting the-area. Direet-accesrs unto-sucreads-is prohibited. Design-and posted speeds vary from twenty (20) to thirty (30) mph. Bew-„ nb n Y G ewn��t lanti fg with detached sidalk d 1, d is 1 it 1 e required. seven hundred fifty (750) vehicles per day. The segments of these roads are an acceptable-substitu-te). Off street-parking-shall b a a t parkin shall be prohibi-ted- r t faeilities-are req-u-ired--as-part of th t t system. 7. Commercial Roads. Commercial roads serve Commercial Limited(CL)and Commercial General (CG) zoning. Curb and gutter and attached or detached sidewalks are required. Design � eed . „ld be twenty-f-rve (25) mph Off street parr' tt a for intersection turn lanes, the special needs of single and multi unit delivery trucks and general traffic movement efficiencies. 8. Industrial Roads. Industrial roads serve Industrial (I) zoning. Curb and gutter and of single and multi unit truck operations and provide intersection and driveway sight dist. es that ' b " f th b t t' it* l s these trucks to enter a roadway. 9. Urban Cul de sacs. (era 0./2l40o) Urban cul de sacs are short,dead end roads intended to a l(a� mum i ength nr N h f n i t l rr •t i l tt b i-.5c.zc-i zsi�rc maximum length of an urban cul de sac shall be 1,000 feet. In larger lot suburban more 12 units en-eac sip f th t t f a total of twe t y f:v r25, t residential , nits per-Rvad eealT ire Authori y laving-urisdiction shalilpro vide LAND USE REGULATIONS 4-83 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS b hazarEe system lk-may bI 'l t d b tT. T ocal F ire Autho •t H T di t' tT. t tT, 1000 font length ,.,.them f2c a l i t b. Road Design Standards. The physical characteristics of any urban cul de sac road shall be based on applicable provisions of Section 1 620.D., Roadway Standards, Functional Classification By County, unless otherwise determined appropriate by the County Engineer. c. Turnarounds at Road End. All urban cul de sacs shall terminate in a circular, "T"or n�rr�ccaxxaxvacxa cvixi cx accca xxx�zccox UanE� w}th ��Et}9n�1 620-1� 11 , ��el}xc�e Turnarounds, residential or commercial development, applicants are encouraged to provide aYt' ..l; ablo r o`T., „ts F tr i s f r the d„ elo nt 10. Rural Cul de sacs. (am 03/21/06) Rural cul de sacs are dead end roads longer than 1000 feet ifl—leagt-li—that—Re-P,,e—r-e-Frideritial—eF-eemmer-c-ial—uses—iii'—areas—where dual or secondary of rural cul de sacs. be considered-r>:}ral cul de-sacs, but shall be required—to—conf t c t 4 620.J.9,Access Approaches and Driveways. curvature. be based on applicable provisions of Section 1 620.D.,Roadway Standards, Functional Engineer. constructed in accordance with Section 1 620.D.11, Vehicle Turnarounds. LAND USE REGULATIONS 4-84 EAGLE COUNTY, COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS e-. Turnarounds at Road End. All rural cul de sac roads-shall terminate in a circular, (L « 1, • . ., Vehicle Turnarounds. f. Water Service. Proposals for residential or commercial development accessed by rural cul de sacs shall provide at least one of the following: • Having Jurisdiction; or (2) Monitored sp ler sus all residential--and-commerc • ildi —as propriate--b -the Lecal Building--Onxcial and—the-Local-Tire Authority Having Jurisdiction; or (3) 4 combination n£it (I) a (2) dete • a • B ildi Off: al .l t4 7 1 Fi n th it H T -a ction p �ocaxTii c z xucmTrxcTz provided herein. The Board of Co nt- Co ay at the a t , t 26O.G., Variance from Improvement Standards or, in the event that a Planned Unit . . . Improvements. 1-1,---Vehiele-Turnarounds a. Preferred Design. Circular offset turnarounds are preferred, as illustrated in Exhibit S o off-A Do 7 C GEOA ET IC 11 L' IGN OF IGi�ri�.�VS A�D ubfished-by AAS ITrO. Cu! de-sa also ern • ate in a"T- or IIT " sh pe t ,1 ill t t .1 tl, b F .1 �_hib t C Q i 12/17/02) (am.3/21/06) (10) foot radius bulb at the end. These minimum bulb radii presume the cul In the-event that th 1 d b a a b b t tt- _ f (5) f et shall bo dd d to the p 1 t t 1 a c. Snow Storage. Easements or open space areas of appropriate size to provide ld€�q a-te s stor o, as determined by the Eagle County Engineer locate -immedi t 1 d' t t a,' 1 t .1 ____.__�________»_»._.� » .,.,�.... ,,., .v...v•v �uuxa-a vcxxxcrr. d. Temporary Cul De Sacs and Turnarounds. Temporary cul de sacs or they are developed. These temporary cul de sacs or turnarounds must LAND USE REGULATIONS 4-85 EAGLE COUNTY, COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS accommodate WB 12 design vehicles, and must be-c-lea identified-as dead-end streets through proper signage, in accordance with the MUTC ne-hocal-fie Authority Hav:„g rur:sdictio„ shall provide a recommendation regarding the use of D. Traffic Impact Study. Proposed developments that are expected to generate more than four 1. Trip Ceneration Rates. The basis for projected volumes of traffic shall be the trip generation rates for various land use categories found in the latest edition of TRIP GENERATION, published by ITE. 2. Background Traffic Data Not Available. If site specific information on background traffi f t1 t a t it bl 'a st:„ tL tt T r t20) J > > Year Factor for the closest segment of State Highway published by CDOT, Division of Transportation Development, Information Management Branch, shall be used to predict background traffic to be factored into the traffic analysis. In certain instances it may be necessary to use a combination of existing zoning and-CDOT's Twenty (20)Year Factor. 3. Preparation of Analysis. The traffic analysis shall be prepared using industry accepted standards es anti-practic ltshall by rr�rn ea b J D f 1 R t t tt e r projected background traffic volumes, projected development traffic volumes, calculated by the level . o„t t„a:„ . t. a li t• E. Design Traffic Volume and Design Penied. Key factors in the classification and design of any period for forecasting traffic volumes on the roadway. 1. Design Traffic Volume. Design-traffic volume shall be measured as annual average daily traff c (AADT), except for trafficvolumes in excess of four hundred(l00) AAEIT �h /D 4V-) as the b., f th d d F. Level Of Service. Roadways in unincorporated Eagle County shall function at Level of Service"C" or better. Intersections, both signalized and ttn signalized, in unincorporated Eagle County shall shall ti a 4 a tt 1 t t dit' ftt I UWIY 'ADAcITV lA"A ILI publ:.,l.e by the specified in the latest edition of the HIGHWAY CAPACITY MANUAL. C. Right Of Way Width. Minimum right of way widths for all classifications of roadways in Eagle County are shown in Table / 620 J., Summary Of Environmental, Geometric And Design LAND USE REGULATIONS 4-86 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS • • ; ; as- ; ; nYYli pcablo 7future ; ents f the adway widths set forth in Table 4 620 J., Summary Of Environmental, Geometric And Design and should be structurally independent of development on adjacent property. The additional dedicated roadway maintenance easement. H. Sight Distance. 1. Setbacks. Setbacks for structures, as established in these Land Use Regulations, shall be me^ red f the outside edge of tl.e r- aewa y 2. Compliance With AASHTO Manual. In the design and construction or reconstruction of wi the latest ,lit' f A DO CY ON!'COMET IC T F'C'7GN O r IG»WAYS A�D STREETS Chaster III, published by AASHTO. Roadways that operate at functional slower vehicles without hazard to themselves or others. , design considerations: a. Sight Distance Restrictions. Where an object off the roadway and within the right tal curvature shall be determined by the stopping sight distance. b. No Sight Distance Restrictions. Where there is no sight distance restriction within necess ry stopping ht t L ho „t.,l c .be deter...,.. ea- it the aid of Figure 1 620 #1, Stopping Sight Distance On Horizontal Curves. When e also provides the um nterl: ad tl t t• t t1 dit• c. Sight Distance Restrictions At End of Downgrades. Where sight distance LAND USE REGULATIONS 4-87 EAGLE COUNTY, COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS restrictions occur at the end of downgrades, an increase shall be made in the A POLICY ON GEOMETRIC DESIGN-OF-IIIGI , Chapter III, Table III 2,published by AASHTO. d. Sight Distance For Passing. Sight distance adequate for passing should be encountered frequently, at regular intervals. On roadways with high volumes, f eguent and long p ections t' 1 O r ad itL t di . t o low volumes, the need is not as great, bu element for efficiency and safety. Passing sight distance for upgrades shall be greater than the derived minimum. e. Meeting Sight Distance. Meeting sight distance is the sum of the opposing stopping � ght ,list t (2) t' th lues listed f r tL d YY b b \ speeds Meeting c „t.t Gist.nee i d 1 1 d L Ceometric Standards. All roads within unincorporated Eagle County, whether publicly or /l 620.J., Summary of Environmental, Geometric and Design Standards. SEE SEPARATE 11 X 17 TABLE INSERT: Table 4 620.J. SUMMARY OF ENVIRONMENTAL, GEOMETRIC AND DESIGN strongly discouraged, due to the potential deception they offer motorists, particularl ,hen t l• f the larg t th ll d Y J ru`v'cxiixg-xxvxix ene xax 6cr eo er , �rx [rr�Z�esen-r e :1.\Vhere-f easTble smaller difference in-radiis#ould-be-ased; a more rapid changes in design and speed, the radius of the sharper arc can be as high as a ratio of 2:1. (2) Length. Curves that are compounded should not be too short or their effect ,abling chan F om tange„t r flat e t t, ll 1. 1 t b bge b b. Reversal of Alignment. Any abrupt reversal in alignment should be avoided. LAND USE REGULATIONS 4-88 EAGLE COUNTY, COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS Such i change makes it c* Ii f lr F 7 ' r 1 'rl • • • lan It a of the vehicle may result. including ffe ent 1 gth f r b t h t th r (2) f ef „perel tion 2= no preferably e alent 1 th t curves. The distance kvetween reverse--euPses-shonkl-be-the-sum-of-t-lie tope 't th r t runo..t lengths to r,. r----------- -.---a--- .turn to normal crown section,there elevation and poor transverse drainage can be expected. In this case, the tangent runouts may be eliminated and the superelevation runoffs joined, thus proyT ,on (1) ♦ r 1 1 t' - (3) Tangent Separation Lengths. Desirable and acceptable tangent separation lengths are shown in Table 4 620 J., Summary Of Environmental, Geometric And Design Standards. A minimum tangent of fifty (c feet shall be p ,a a h n ho-i-- � t m ntal curves to facilitate steering and control. • drivers do ,-r t r '' a t '' t1 e-direction and because in some cases the"broken back"alignment will not be pleasing in appearance. Curves will typically not be considered to be in a "broken back" arrangement when the d. Simple and Spiral Curves. Figure 1 620 #2, Simple Curve, Figure 1 620 tt3, Spiraled Curve, and Figure 1 620 1t1, Relationship, Simple vs Spiral Curve, illustrate � „1 A � 1 th a t• , c e. Travel Lane Widening. To compensate for off tracking as a vehicle follows a (1) Standards.Travel lane widening shall occur on the inside edge of the curve only,with the inside sho ld r" 1 do t til n_ ft• fee provided is shown in Table 4 620 J.l.e., Lane Widening On Curves. (2) Example. For example,if the required width of shoulder is six(6)-feet,up LAND USE REGULATIONS 4-89 EAGLE COUNTY, COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS this e. le if•fo in)feet o f. ide ea tt t t l i l dtl, would be seven (7) feet. The gravel shoulder available for "cutting-moo curve"—becomes less-and-ence»gest €€ic to sta3� aver t,e ale„gth as the relevati ff terrain. f1}--Mi ent Sep tion.When switc asl� oe-uses each itehback shall have ., tangent atio.. f' t 1 th h (2) t' .,..............._ ........ ..»... ., .....a,,... .,�Yw......... ... ..... awe . `he --ini -m stopping g t ,list nce f om the last o next s it..l bac adjusted for grade in accordance with the latest edition of ASSHTO's A POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS, Chapter III, Table III 2, Ef ect of rade-on--stoppi ht distance---wet co rditions. Thisr is especia ly r � l T s es eeper-than venty{2}percentt, and where-v-isaall ., s t hb 1_ will create a major impact. • • LAND USE REGULATIONS 4-90 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 1 - I INSIDE LANE WIDENING, IN FEET, FOR TWO-LANE ROADWAYS WITH A TANGENT WIDTH OF: Degree 24 Feet 22 Feet 20 Feet Degree 18 Feet 16 Feet of Design Speed, mph Design Speed, mph Design Speed, mph of Des. Spd.Des. Spd. Curve 35 40 50 60 20 25 30 35 '40 50 60 20 25 30 35 40 50 Curve 20 25 20 1 25 1 0.0 0.0 0.0 0.0 0.5 0.5 0.5 0.5 0.5 0.5 1.0 1.5 1.5 1.5 1.5 1.5 1.5 1 1.5 1.5 3.5 3.5 2 0.0 0.0 0.0_0.5 0.5 0.5 0.5 1.0 1.0-1.0 1,5 1.5 1.5 1.5 2.0 2.0 2.0 2 1.5 1.5 3.5 3.5 3 0.00.00.50.50.51.01.0 1.01.01.51.51.52.0-2.02.02.0�2.5 3 _1.5 1.53.53.5 4 0.5 0.5 1.0 1.0 1,0 1.0 1.0 1.5 1.5 1.5 2.0 2.0 2.0 2.0 2.5 2.5 2.5 _4 1.5 2.0 3.5 4.0 5 0.5 0.5 1.0 1.0 1.0 1.0 1.5 1.5 1.5 2.0 2.0 2.0 2.0 2.5 2.5 2.5 3.0 5 1.5 2.0 3.5 4.0 - 6 0.5 1.0 1.0 1.0 1.5 1.5 1.5 2.0 2.0 2.0 2.5 2.5 2.5 3.0 3.0 6 2.0 2.0 4.0 4.0 7 1.0 1.0 1.5 1.5 1.5 2.0 2.0 2.5 2.5 2.5 2.5 3.0 3.0 3.5 7 2.0 2.0 4.0 4.0 8 1.0 1.0 1.5 1.5, 2.0 2.0 2.0_ 2.52.5;3.03.03.0 8 2.02.04.04.0 9 1.0 1.5 1.5 2.0 2.0 2.0 2.5 2.5 3.0 3.0 3.0 3.5 9 2.0 2.0 4.0 4.0 10 1.5 1.5 1.5, 2.0 2.0 2.5 2.5 2.5 3.0 3.0 3.5 3.5 10 2.0 2.5 4.0 4.5 11 1.5 1.5 2.0 2.0 2.0 2.5 2.5 3.0 3.0 3.0 3.5 3.5 11 2.0 2.5 4.0 4.5 12 1.5 2.0�2.02.5 2.5 3.0 3.03.0�3.53.54.0 12 2.02.54.04.5 13 2.0 2.0 2.5 2.5 3.0 3.0 3.0 3.5 3.5 4.0 4.0 13 2.5 2.5 4.5 4.5 14 2.0 2.0 2.5 2.5 3.0 3.0 3.0 3.5 3.5 4.0 4.0 14 2.5 2.5 4.5 4,5 15-16 2.5 2.5 3.0 . 3.5 3.5 4.0 15. 2.5 2.5 4.5 4.5 17-18 2.53.03.0 3.54.04.0 16-202.53.04.55.0 19-20 3.0 3.0 3.5 4.0 4.0 4.5 21-23 3.0 3.0 5.0 5.0 21-2 3 3.0 3.5 4.0 4.0 4.5 4.5 2 4-2 9 3.0 3.5 5.0 5.5 24-27 3.5 4.0 _ 4.5 5.0` _ 30-39 3.5 3.5 5.5 5.5 28-32 _ 4.0 4.5 5.0 5.5 40-50 4.0 6.0 33-36 4.5 ` s5.5 37-41 5.0 6.0 - 42-46 5.5 6.5_ 47-50 6.0 7.0 51-55 6.5 _ _ 7.5 - 56-60. 7.0 8.0 I_ NOTES: For values less than 2.0 feet lane widening is not necessary. Where semitroilers are significant, increase tabular values of widening by 0.5 for curves of 10'to 16; and by 1.0 for curves 1Yand sharper. EAGLE COUNTY ENGINEERING DEPARTMENT LANE WIDENING TABLE ON CURVES 4-620 J.1.e DRAWN REVISED SHEET 1 or 1 (2) Direct Lot Access. Direct lot access is not permitted on the tangent LAND USE REGULATIONS 4-91 EAGLE COUNTY, COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS intersecting streets-and driveways-€om both-switc ks as shown in Table 4 620 J., Summary Of Environmental, Geometric And Design Sta (3) Lane Widening. Lane widening for switchback 'curves shall reflect AASHTO Design and Traffic Condition III C. The minimum allowable center e radius €o switchback curiies is shown in Tablle 4r 62� ., (4m f t radius is b sea e,. the r ndations of the r,r d el Rc uIations For—Protceti eople and-Hzomes—Frem ildfire in „lgated b„the Colorad St + F t Service. A review of multiple unit vehicle turning radii and pavement width-eesupatieu-shews-that-an-eighty-(40)-feet-radius-is-the-mittimum radius a 1, e ,eh cle ake n,l yet note a than it 1 ever. with travel lane widening a the: side of eur„es g. Street Pattern. The street pattern in the proposed development shall generally areas oposed streets-er roadways thin-three (3)files of any i ted munieipality-shall-senfefm4e-the-street-system-and-standards-er-effieial-stfeet-plan of said; rated m palit., (1) Continuity-of Alignment. Who a „te t„ the de tl,e str eta shall be continuous a,,,1 alignr ent with the e isting platted streets „ ith whichthe„a etee eet 61)--Elitead-te-Boundary-bines:—Prepesed-stfeets-shall-be-extended-te-the bound ry lin of adjacent 1.,n if the s plicable adopted !''o nt. M t Pla :r.dic tes the adjacent land, it he s ,:table f r,leyel,.r.,�,ent , ales th xtension: nted h..topography e other physieal a nditiens h. Dual Access. With the exception of properties proposed to be served from the public roadway system by driveways or by urban cul de sacs, two (2) points of .ressiegress t„the public roadw=r s„ste T toll he pr,.yi ea s ch that i the t d , ithi the subdiy sion be,.,.,,.es sable ell r pert:es will s «tin a to ha„e e s toe ublic r adway s .stem Both r nts f access should he d available for daily use. In the event that this is not possible, and at a minimum, there shall b.e p .ided ., a ndary a nt of: s/egress a ed response vehicles commonly operated by the Local Fire Authority Having Jurisdiction for all ne-w development er redevelopment Secondary emergency „ts st he kept f e of obstr, ctio „sl st be r.ts e,l is year round use De ndin „ the length f the ,i the wildfire haz r.i t' the,,,,.,,.ber of,,nits p e.l the topografhy and the r ndatien f the T eeal 1~;re ;.... ;..tio ;ssione t their d scretio nt s e f em this red nt stand rd i_.._ 03/21/06) LAND USE REGULATIONS 4-92 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID.A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS • • • • a. Terrain Classification. Terrain in Eagle County can be characterized within one (1) of'the follo thr a (3) at . � i �'Scixx cc-��-vcr�c6vxzcs • • distances, as governed by both horizontal and vertical restrictions, arc expo Tt, go at„ at sl, 1, el t -l- -tt --eight (8)percent. (2) tilling Terrai n 11• t tt,.,t ,a•t a b terrain-are-between-eight(8)percent and fifteen(15)percent. leaa harbo th 1 ti th t t ti roadway are abrupt and where benching and side hill excavation are e h t 1 ,t .-t• 1 li t > n eY,.tabl - - The-average natural t tt b Y t t t fifteen(15)percent. • combination of these terrain types,-Terrain-that-h-aswaraeteristies in design spat l betwe 1 + f icy t t a seven hundred fifty -(750) feet apart. Ten (14) m"h nts n considered fir approy i th t" t > tL t• t� rr > prepared b7 th p_�� zee • • County is illustrated in Table 4 620 J, Summary Of Environmental.,Geometric And Design Standards. • r aired. Steeper gr A • F (1) L t d • at t as a t• der winter snow and ice conditions. LAND USE REGULATIONS 4-93 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS six (6)percent ismore appropriate-forsuvufb>an and urban-areas, where the f eguency of stoppingar l starti,,,. ; ,l grader are required for ntersections „,l dr; h a switchback curves (see sub sections 1 620 J.'I., Intersections, 'I 620 J.9., Access Approaches and Driveways, and 1 620 J.1.f, Switchbacks). ('I) Low Volume Roadways. On low volume roadways (AADT of four hundred ['100] vehicles or less) grades may be increased to one hundred fifty (150) percent of the stated desirable values in Table 4 620 J., Summary Of Environmental, Geometric And Design Standards, for a tangent distance not to exceed five hundred (500) feet on southern facing slopes-only, subjeet to the-approval of the-Counter Engineer. T4iere sh lam nn access the n the e nt. ,ith the ; d d c. Vertical Curves. Vertical curves shall conform to the criteria set forth in the latest edition of A DO1 1CV OA7 GCOAAET I E IGAI OG I IGLrAl 1 VSA r D • STREETS, Ch ptcr III,published by AASHTO. (1) Grade Breaks. The use of grade breaks, in lieu of vertical curves, is not encouraged. However, if a grade break is necessary and the algebraic diffferenee: rade,l es note eed four to the(0 ill p t h t d „tter e,l the .«.,.le break ,;11 be p :tte,l r t • t t• where algebraic differences rade e e ght tenths (0 8) . ..t . ,:11 be ..,,v.v u.bvv�uav , of f itted t„ facilitate the of the side street to meet the through street. curves are not required when the algebraic difference in grade is one (1) percent or less. (3) Sag-Vertical Curves The minimum-gr thin--a-sag(su)Teftical curve-is-ef}e hal€(-0.5)-percent—This =ill--require-mauu,realeulations-and label;.,. t the low„ „t of'the s ertica , b d. Cross Slope. (1) Roadways Shall Be Level. Except at intersections, or whole superelevation is required, roadways shall be level, as measured endicularly f'r..r,� top of f n shed edge of pavement t t f fi b .l is requir€d and shall have-a two (2) person* easrred-fr-em centerline to finished edge of pavement, or lip of gutter when curb and gutter; re,l r lip of median, ,rb to lip of outsi a ,rb , ,l with raised center islands. Parabolic or curved crowns are not allowed. LAND USE REGULATIONS 4-94 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS (2) Warped intersections, Maximµm pavement cross slope allowed is four (CI)percent at warped intersections,as measured . T e shall the pavement cross slope at €' ti^ eed tho rade of the through street. The rate of change in pavement cross slope,when warping sid t t t ' r t' h 11 t o ed o e(1) nt o F (25)f t . t ll y low ol„me r side tial r ads and street I 1 (1) percent every thirty seven and one half (37.5) feet horizontally on suburban d b d t' 1 t t (11 t fl# nd one half(56.5)feet horizontally on collector roads and streets. . n n SHTO' nO> GY Ong G O ETAIC the recommendations of the latest editi o=• ono=��==�� DESIGN OF HIGHWAYS AND STREETS, Chapter III. The following procedure is an outline for the correct application of superelevation. Further information on this method is available-i n TO's A DO ICY OA7 G OMET I ESIG]V OF r IG WAYS A D STREETS Chaster III, 1994. Super Diagrams and Plot Exaggerated Profiles are not mandatory,but may be required by the County Engineer to evaluate proposed roadways. Li t 1 C t li D mil' it o f !'',.ryature and f enterline Design Grade. Establish horizontal centerline d' ^f c ,,ture and centerline de-s-i-qn-gcadeGenter-line-desi-en-efade-slial-1-be—the—aet-ual--eenterliae-ef-r-eadways b b l' o f mad; ,tto (w 1 1 h 11 b 1 1 tl d'a e e pt at t„rn la„esl oadways with eent li d th t d d' r tation about the curb on roadways with raised medians. b. Rate and Length of Superelevation Runoff. Table 4 620 J., Summary Of Environmental, Geometric And Design Standards, shall be used to determine the rate of superelevation and length of superelevation runoffreguired f r-the degree of curvature. Superelevation runoff is that length of roadway needed to accomplish tl > 1 � ecti ;th the .,d, ed (flat) t^ D the fully superelevated section,or vice versa. c. Super Diagram. Use the information obtained from Table 4 620 J., Summary Of Environmental, Geometric And Design Standards, to construct a "super diagram". The "super diagram" is a design aid used t + bl >, tt, l gtl, ^c tango t r rout required, and pavement cross slopes generated through the transition from the l cross se on to €ull superele� en, er vice-versa I terva s .,t ...1.ic read-at even t�Vel3t�fiVe�vrn�c�TStacivix� axvu�vcnccrxir:�-� , , 7+28.79, 7+53.79). Tangent runout is that length of roadway needed to accomplish witl, th d ed (flat) Note: The superelevation runoff is located about the horizontal P.C. or P.T. of the LAND USE REGULATIONS 4-95 EAGLE COUNTY, COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS curve at a two thirds/one third(2/3:1/3)ratio, with approximately two thirds(2/3) of the total length r red for the s releyated r ff being achiev d t the .,. ..... .v..... ,v..b....�.:1�:...... .�.. ...... .,�:t.�,.........vu iu..via vvaaab uviiivvvv�-cvr-cv--cicc P.C. or after the P.T. of the curve. The point at which the superelevation runoff begins or ends should be at the nearest five(5) foot station. d. Plot Exaggerated Profile. Plot an exaggerated profile of the centerline or median tep-of curb using the de-originally established. Next plot bot" ofar�--the-euter--teps of curb or flowlines or lips of gutter, setting elevations radial to centerline by using the pavement cross slopes derived from the super diagram. Smooth the resultant grade of the outer tops of curb by the use of spline or french curves, if necessary. Read new elevations on these adjusted grades. Scale for this exaggerated-profile shall be , e (1) : eh o als two ty f:ve (25) f of or larger h rizont ll.,and (1) inch equals one(1)foot vertically. c. Transfer to Normal Scale. Transfer all of the information on the exaggerated profile to the profile of the construction plan at normal scale. f. Add Labels and Submit. Label, at each transition point in the plan view of the construction plan, the name, station, elevation, and rate of superelevation. Also, label each point by station and elevation where the pavement cross slope is one(1) percent, either direction, for the purpose of locating inlets to intercept cross pavement drainage flows if curb and gutter are required. Submit the super diagram(s)---and—exaggerated—profiles for concurrent review with the public improvement plans. 1. Intersections. The following standards shall apply at intersections: a. Through Street Takes Precedence. The grade of the "through" street shall take precedence at all intersections. At intersections of roadways with the same classiion doter.,-.fined shall have this-precedence. Warp side streets to matelq-threugh streets-v th as an effective and short transition as possible. b. Design Factors. Factors that shall determine the elevation of the point of curb or edge-ef-pavement-r-etttm-en-the-side-street-and-the-ameunt-ef-waT-needed-en-a-side street transitioning to a through street are: (1) Permissible Crade. Permissible grade in the stop/start lane, as described in sub section 11 620 J.S., Intersection Grade. (2) Pavement Cross Slue. Pa„emert sl pe at the n i t fr b v t er Beginning/End of Curve er} the side street-anr rperrmissible -arp in pavement cross slope, as described in section 1 620 J.2.d., Cross Slope. (3) Vertical Curve Criteria. ('l) Curb--Runs—Verti al--Eentrols within the curb return itself, as LAND USE REGULATIONS 4-96 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS described in sub section'1 620 J.6., Curb Returns. c. Elevation. The elevation at the P.C.R. of the curb return or B.C. on the through } r 1- 11 b t 1, th d f th th 1, street � nction with al J O �+ navemen} 1 (two f 2l p e„t) er th } f 1 } d. Crown of the Sidc Street. Carrying the crown of the side street into the through street is not permitted. e. Dipping the Flowline. Dipping the flowline to the extent that the lip of gutter is dipped is not permitted,except as required for a CDOT T u C„rb T.det c} „d rd M 601 12. Tipping an inlet for the benefit of drainage ' also net permitted. . • detailed review of the entire intersection'sA ' bilit ll t,e required. R .. - jor having one or more sides warped. See sub section 4 620 J.2.d., Cross Sl pe, for infermatien-eeneeming-warping-ef-payement-at-interseetiens, g. Curb and Cutter. When curb and gutter is required, separate flowline profiles, and pavement cross slopes in the plan view may also be required-by the County ngineef C r 1 }' t } ct on a fifteen (15) foot grid. This information shall be shown on separate plan and profile sheets at a scale of one(1)inch equal } (2m f t horizontally and �-nzcn vcjucsrrc�rv-�1Trvvw o.......--�. • through street,including any necessary speed ch 1- 11 b l 1, a ffty (50) f of vertical � The,,, ra a „} • r J maximum permissible grade will be two (2)percent for} A A (2nm f et either side of the intersection on both sides of the roadway. Rural Access Residential Collector Commercial and Industrial Dfiveway 20' 30' 44 50' Rural Access 30' 40 40' 1414 LAND USE REGULATIONS 4-97 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS Residential 44 50' 401 Collector 44 60 84 Commercial anc N/A 84y go! 4-00= Industrial 6. Curb Returns. When curb and gutter is required, minimum fall around curb returns when turning water shall be six tenths (0.6) of a foot for a thirty(30)foot return radius and one (1) foot for a fifty(50)return radius. For other curb return radii, a grade of one and twenty seven hundredths (1.27) percent shall be used within the return to establish minimum fall when turning water. 7. Curb Return Profiles. When curb and gutter is called for in Table 1 620 J., Summary Of Environmental, Geometric And Design Standards, curb return profiles shall be required at rb et the bl; ithi tl o e de of * t 1. in accordance with the following design procedure. These profiles are to be used for construction staking of the curb return. The following information is provided on curb return profiles: a. Elevation. Determine the elevation at each P.C.R. of the curb return according to sub section 1 620 J.1., Intersections. b. A rc i o gth Calculate the a length of the return at its flowline c. Flowline-Grade "Y" `gib l,Sho r�the ndi +iowline (e "Y t� of curb a f th roadway beyond the return at each P.C.R. d. Extend Grades Until They Intersect Within the Return. The above return gure-11-620 #6 urb l�eturn�lidge a€Pavement a Ate`—The gr� es may intersect near or outside either P.0 so g-as t vertical di€€e � r.des does not o as two tenths (0o) of., foot .,t either n � n (1~igu n 6on#7 s � Curb Return/Edge of Pavement Profile "B"). In this case, a line is drawn inside the return and two (2) percent vertical curves are used at the intersections. It may be-neeessafy-te-Fevisotbogfade-of-the4nterseeting-side-str-eet-te-ebtain-an-aeeeptable eurb-return-preile-(Figure1l 620#8 =urb Return dge of Pav ent Pr �E however, the "through" street is never warped to facilitate this. See sub section 1 620 J.1., Intersections. e. Vertical Curves and Elevations. Vertical curves within the return may be drawn in with fr nxch or railroad-eurves. Elevations--of at-least-two points-between each D C D .,t � of too e fifteen (15) foot sh ll then be shown ;„ the n ofile These points shall be evenly spaced between the P.C.R.'s so as to divide the arc length of the curb return at flowline into equal segments. The elevation and location of the high or low point within the return, if applicable,is to be called out LAND USE REGULATIONS 4-98 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS in the profile and on the plan view. f. Scale. Scale for the curb return profile shall be one (1) inch equals ten (10) feet horizontally and one (1)inch equals one(1) foot vertically. D d f CDOT T hl St g Sight Distance e., Horizontal Cur. ti 10 on r !1. -•r rrrr- -rr..r. -a u'u'Y'i'` p` illo2=!2:Q:y �w'�Q=ir .'��i��i���� err-+° r..rar. rarrrrar.ra..awaralaarr aead.-m "7> ,s -..'aii llsl,iSigl=.-.4;= :r ..�.. e-r-.t .n 2 ■_2aisegiligarin■WSSM!■ :- i..s..-.:p ..ar r..:2-0;..2.2.22;:.....:: :::::10 ar.r�. .-.r r .-rr . rarrw �.��• 0. - - _== , y l.rar.w+ iCr2iMIMS+3 -raa..ra__.•ar.rr_..;:rr.ra•a iii�is- rr�r.� .-aaaaawrr..:��w- irr..rrr.a aiii. *-••ear " .... r..r.rras.ra.r..rrr-a.. ..-..-...ar =..y�.--.„ .......-r...• .ewer-', S i���e. �r,.r.=-�i�� sr.-..._-.... '�'.�i a.aa �si�t+rrrar+...rrr..ar a ra.-- -- r�\ ar�-r-r.. iillri�.r N ., -r r .-.w--:near-.. N■i.sa_■■�ilminozmintigaiWs■■s■ai�m r. W 1 ►r.MOM..,.rrra.....4......... \MM0W.--. ..��- r-rit�r_�_=- o u} i mil= ....-a_.a_ +�w-ram . k :Tie: yyrr Z l - a .%S �rwa- '1 iiiiFIi..+rrrar:iw aa.raw- •r i Qis -.r..sarwra-.r.r.=.. i IL e� M1�--r.rarrrr. M. • 0 - .. -. •..s.�.-..-.-= 0 _ " .� _ 0`3 Z. . =oe 1 +� ,==2;im w 8 o i.'�'.'..Orr`�`...mmem iS�.�r.'7mpamko --- ramm as....�mm�sr r l ' ....'2 V - -....-...-..+�-- rr-..rr---...r Y` it M .. Q I . �• �i�ir�rwrra• -.wrr.•rwrsrru- 4 8 ,..rrmlrrvarn..a.a.irr.,... ■r n 2 O C *ar.. :.+.arr..r r..r.�.rr.,rrr ,71 (n O 1- Se -Zrr-r-.��W•rM.•ra.:.-..Wa.w --i.�;:=.�Msw- 4J • CD IV v " ..�!ll�--- .._.....: !-Q!!R■S*■mm=i'-=Qo r r I,C :.v•SC.--.+aa•-ra•ar.r oo fl.I.-ru-st $ i iimiiig!■!Lm■1■�Z ...ara....w.ar.r. • • -� a e.• rrr..narivra..i �i.eso"Bier In Q, y lizulIb !its!i!!it■\`l�ilisil..lGiias.Z.. fo' 2 • 0 a-..=�11 r.rur�r.•r►.+i•raa*�raart.r O U) r-.. Sm-r..r.r..uQi_'_i7LSJ4s WilozwNk*ii �$ a=�i'r{��ii+ �.ii►•of �rIN'i.�i•.tiair.�. .�.maaa�ir- .raw.. '---..asa.r.,...r..r sa p -_-.rr.ti •aw-•w......,i.l.l:! ... g Nasommammalimintiummasm= . �MMrrc�aa�.�.Za.Marv.. W ... .--...i.r..rwr it:iar_ib►iiaM►wall.' ..arms_..-m p --r ...- ..-.t. .s.•ra..s•Z- _ .Y a.rtr:.-.•ra.w..ar...r..oar. .v .Wi Y :'-� ���t1 • i.rar►..•r anrw>tr�aI r....r-..a n . i t eZ 11ii�ii'1i2ia'4i7iiiliilawamwr.,-�6.04,4.i4,0aop 41; �� 102.4Z- i a -- -0,r ft .r.•ra-ivr,.r.+r.r.....a... wa.s.�0,6iinr..w►ear. ao..rr•r. �1 .e N .�'.7 W iara�t+i!o ' .1.,:x"-.,r.,-mr..r..r...rr .. .y0j° rF-,.,:,a.��r%tR`E.--,4,..1.•.7..7 .a-.. n 4 - - H 4 w i ram. ....W..,�� y„r= ^�.... . 01.wr-a•..ua-r . • . rir ►•to:1►�!!\\►�i'4►a�A a.:.�rra0A►u Ab as Z a`a• c - $ w ►=A— izn•-,:.wa.ramom.. : sr ao:OWS n • '. rrrr a r5r "1-4•�\ telr �1... a rrr- = r .�- 1, a ♦ . .a.,.� •- 0'6 --r- --aQ3 •....r... ay� w . �=.. ar2 1.I; rr i O•3i�wL Z..rji . rear ra.r. i_..� ii�w+�= a �.. gin I es.1 a rrarri sriS\\wi �_ .n r- O z w s o e r r =,: p .n ni ¢¢p=w '4 r .rlC -.S.r=.rrC'J `.`''S.r.�l 'rT.2.n..�vt:►.�\.�.�. G �J. .ri�Mu �h2N `s r a 0 N 1 0 a 2 .. a. ~ f� - 1.V 3Iiaas 1333 MWr 3DNVLSKI LAND USE REGULATIONS 4-99 EAGLE COUNTY, COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS PJ. P.C. 41111111• p7i si*r 90' 9CF 490,T6 \9 / \ / \ / \ / \ / V RANTS ROIN7 SINK( CUM ; FORMULAS P,L - POINT OF 1NTERSECi10N P.C. - PdM OF CURVATURE p. P.T. - POINT OF LUCENCY R - RAOMA OF SIMPLE CURVE T - R•TAN+ C - EXTERNAL DISTANCE FROM PJ.70 SIMPLE CURVE - POLRSLCIION ANGLE (TOTAL CCNTRAL AM3U) L . 100'4 0- DECREE or p'*T ciuRE L - LENG1H 0<CLRVE(P.C.10 PI) Lc - 7'R'SN LC - LONG CHORD(DISTANCE DETrUN P.C. & P.7.) V - MWCLE ORONA1E I - TANGENT 0IS1ANCE (p1. 70 P.C. OR P.T.) M - R(I-COS.) I - R•EXSEC = R, -R EAGLE COUNTY FIGURE ENGINEERING DEPARTMENT SIMPLE CURVE 4—fi20 #2 ORANN I RE�TSED SHEET 1or 1� -75 LAND USE REGULATIONS 4-100 EAGLE COUNTY, COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS I . ........, A •c 6' Lc kW OW OW SPIRAL • {c 51Aiii ..—a/1�.. y Sc C.S. t 1 tit �"' Lc L ' \R C p / e t+ S 1. • t f SPRAI Sseem \ fb 1 \ /1 J \ t / \ / \ J \ / \ / \ / \ / \\er a• IN,/ t \ / SPsM410 CI.P4. \ / rORIanAS cum% rum L Sm S. - 10K1AR 10 ut / s iC. - SPrWI. 10 CUM ` G / is . 1.6•IR 1r.et9or lotto) C.S. - Cllowt 10 Sea*i \ / i1. - SPARK 10 TWGLM \ / it, - `0 'VA La - l(M TIC Of SPIRAL fk %e,Yc - COOQt$airs or S.C.PROW IC TS R.CK15 poM is • (R(40110rI44r Y Y - COORONAIES 01 M'01H(11 POW ON `�� SPIRAL iROY lNf I.S. CR S . Er . (RC•P)1AM4 iu4 •p Mc - KALIVs or C+QCUI+R ryevE Nom i t smutO Cunt) A- Nes (c - (f1jRN►1 OISUWCE PROW P.1 10 CIRCULAR C1rM 'Mont p - ort C1 OISI.IACL CO CIRCULAR CURVE PROOVCCO Lr • _.qlw be - tEN1PA1 HOW Or CtRC.ut.R ARC we As - CfrOrou. aiiatr a SPIRIL (SRIRat 4A CU) fh - 7y� K - COORd+r:E a cow PC. a PJ• W Oc - OCGRL( Or CIRCUW' ARC LT - LCAIC 1AIIG(wf (OsSIARC( O 9•IWiL ON41) roR Ki R(1VQt'I a k S• rtryt 91 I1EIRELN 5' k IS- sr - Ss•0*•r IaaGWr (CeSEwct or •L 04,1 f,..-• a La•SAIi/30s It-- r . 4y I IC.F • tr-7173 Zr-X • r . WSW% p . I/4.7 p • ls•9wrl/1201 P} K • I/7.1 Id • 1/21s-4 EAGLE COUNTY FIGURE ENGINEERING DEPARTMENT SPIRALED CURVE 4-620 ii3 pRatsM REVISED SKEET 1 Or 1,....) LAND USE REGULATIONS 4-101 EAGLE COUNTY, COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS r ----N P.I P.C. 5.G .S. P.T. ,A SMPLE CURVE T . P \\\ ARK CIRCULAR CURVE SPIRAL //P.T S.T. E� P.C. \\� R Ac ///(Sa� 71M 1 (SHIFT) \\\ 0 = Dc /// • Cf''t1 \\ I // \� // • Ct // \\P R•// \\, tt // \\ // \\ A // \ / \\ A // // I/ \\ // \\ I/ RADIUS POINT \ (SIMPLE CURVE) RADUS POW(SPIRALED CUURVE) PE RELATIONSI*P - SwPLE VS SPIRALED CURVE R - RADIUS OF SICK E CtJRVE T.S. - TANGENT TO SPIRAL pc - RADRJS OF CIRCULAR CURVE (WITHIN THE SPRKED CURVE) S.C. - SPIRAL TO CURVE D - DECREE OF CURVATURE C.S. - CURVE TO SPIRAL Dc - DEGREE OF CIRCULAR ARC S T. - SPIRAL TO 'TANGENT A - INTERSECTION ANGLE (TOTAL CENTRAL * Cu)N P,1. - POINT OF INTERSECTION 6c - INTERSECTON ANGLE OF CIRCIAAR ARC Ed - CIRCULAR CURVE DIST, MINUS SIMPLE CURVE D1ST. (E-Ec) P.C. - POINT OF CURVATURE p - OFFSET DISTANCE OF CIRCULAR CURVE PRODUCED P.1. - POINT OF TANGENCY A - COORDINATE OF OFFSET P.C. OR P.T. EAGLE COUNTY RELATIONSHIP FIGURE ENGINEERING DEPARTMENT \ SIMPLE vs SPIRAL CURVE 4620 #4 ORAwN REVISED SHEET 1 OF)._.) LAND USE REGULATIONS 4-102 EAGLE COUNTY, COLORADO Article 4 Docusign Envelope ID:A716D6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS , El'?:5s2axv:7 =J 4 n > w i O YVil5a$s,-a.M r E''53:r2LEZDAAR a t*r `+ 'o NOTE o E?o'333233132231 3^ SPIRALS SELDOM USED~BONE HEAVY FINE > Aug0ROADS Rik 0EENNT CODNERIX LL ro 4$iF s $ g$ MD RUST SI HEMS IRE NOT SUPERELEVATED VETS NC-NORM1L CROWN(Si) r ,,, RC-REVE SED CROWN((210 E3'o',R72 SR ACLSEo.`^_ D -DEGREE OF CURVAIURE R -RADIUS OF CURVE - - V -ASSUMED DESIGN SPEED Lrd-DESIRABLE LENGTH OF SUPERELEVAT1ON RUNOFF, gi10-o38;22A8 A32835 a A2 2-1ANE inn-IGMNUN LENGTH OF.`UPERRELEVATION RUNOFF, q y Q SUCH AS 7M ONLY BE USED IN SPECIAL MOUNTAINOUS AREAS WHERE USE Of Lr CIRCUMSTANCES m y Y Y Y Y�4; 3�4 4&$§ APPROVAL OF THE COUNTY ENGINEER 5 BE -REONRE) FOR 1 Lrrm. ►ININUN LENGTHS ARE BASED ON A CENTERLINE ID - - EDGE RATIO OF 20MPH- 1:133,25MPH - 1:141.5, 3#�o 0 0-A.R i-a-.L R S E.T.8 C S E E a 50 - 1 MPH : 1 16 1 150 AND 60MPHr. 1'J.22 ANo ARE BASED r "I - ON A PAVEMENT LANE%MOTH Cr 11 FEET. (1 — FR IASIYUU RATE OF SUP FOOTELEVATION 04 O - 000-o--doo-0000-----� FEET(PER OF MOTH) FDR THE O '1 i - 1 GIVEN DEGREE OF CURVE AND DESIGN CO 7 " 1 u SPEED- 0 o m xasay04M4$4445444$$ x E -“Rnax asaccgrtcros.cLcc LSL E IV - . _ a oz�o"'88888888888888888888a--i I « . s E D v v v#R Oa 4 S R 4s Y 9 i t 9 4 g 8 S i i i V i o ,tf."" oxx5sac233ECRTrFT832323225533c2 _ _ a a .,EJe----088888888LOLS222S8882888888888882 . wvy yrrnoE 4 4a34$o44ga444".44444a it . I- €l"" '"'ACX 53;320533ss3ESS.ca8Tc2EE= 222s22cc¢35333111s 'Ath--- ---SAS8888888888'""BgSSSSSSSSB 88888885888888888i .rn yvv watt.4144'4a443444a4344i4ii44i:4"s.� 4 4444i$iRiii .?s :tiOntI=W k 1M{ a141st izaIsi�iixa WAPM pg«AWRSi" XXZtRfiR470S:: 4 - EAGLE COUNTY SUPERELEVATION ENGINEERING DEPARTMENT CHART—emax= 0.0600 DETAIL DRAWN ( REVISED SHEET OF LAND USE REGULATIONS 4-103 EAGLE COUNTY, COLORADO Article 4 Docusign Envelope ID:A7lBD6BA-4876-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS la C I . W 1II i1II I f o PCR-STATION at 4 I ELEVATION : : : '.• :4. • •HIGH POINT• i f • ELEVATIONS f _ O : 1 . . . t L/3 I . = •- - !ELEVATION f 4I ti . . • 1 I cc • • _ ' o • 0 /4 .. . . . . . . . !0 : ihb0NI ir If I I ` i ,. . . . . . . . . . . . 1 . . . . . . . • ! . _ . : : . : : : :PCR-STATION • o . 4 ( ELEVATION I o . I0 I Cc 42. J d0 I f f . . . . . .. .. .. . cn \ ''J + — • . . . . . . . : . . . . . . . . . . . . . . . 1 . . . . . . . . . LAND USE REGULATIONS 4-104 EAGLE COUNTY, COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS Figure . V-V ., , C...... R.-tug --- - -o----- • . i . . .{ W O ....1 . Z Z i . tt 0 f I-. IAJ Q 4i 1 . . . X�W4~1 Q IL- MZC�I �� ...-.J. : : : : . : : : : ! WL : : : : :. ! . . . . . . . . .z I - • • - ` - . . . . . . . . --PCR—STATION 4 1 { : . .• : ELEVATION . . . .• I i . I � I . . L/4 (PVI) _ 0 In • • - ELEVATION I I cc I z ' '~ ! - t o /I w 1 . / L/4 I I jt� j s o " O : ELEVATION t J' / I s n' • i � t . 1 Z I I • .� � . { V L/4 (PVI) t / i t Cr . • • • ELEVATION �� t I . / • . . . . . . . . j . . . - . . . - . . . . . . . . . . . . . . . . . . . i . . . . . _ . • • - • • PCR —STATION• o • f I ELEVATION • . . . . ' : : : 1 • i . j � i Y I • { j [ - 1 1 . j _ ... . . . : . . . . . . . . t . . . . . . . • 1• ` 1 ! s ( . . . . . . . . • • 1 , LAND USE REGULATIONS 4-105 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A715D6BA-4876-49B6-8D28-F9B3586B8ECF ARTICLE 4..SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS I j ' 41 f i. 1 • Or I i - ` c • • • • 1 • • VPT-STATION % . . . . .iiAtr 1 11. . . . . . . . . ' . . . . . . . . f . . . . . . ` . . . . . . . . . I . . . . . . . . t . . . . . - ' . . . . . . . . . ` . . . . . . . . . . . . . : i � I HIGH 'POINT< • • • i I I ELEVATION ° r I tt i I I + l t~n I _ - I O Ef ; i : - . . I VPI v-PCR-STATION ? I • • Q •ELEVATION • LI i - 5 I . / I\ > : I . . . . I . + . . ELEVATION r ! w i ; ' cc. l f \ ' i • f I - O 1 Eta F L/3 ' -ELEVATION i -' F ELEVATION , Li 0 i cc a - • • PCR-STATION • - C 1 . { N , - ELEVATION I I I NO ELEVATION _ T / i j d' 4- \arI i . . . . . . . . . . . . . . . . . . --b.... f i 4 . . . . . . : 1 . . . . . . . . . . . . . . . . . . . . . . . . . . LAND USE REGULATIONS 4-106 EAGLE COUNTY, COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS Note -Separat-e-flowline-er-fflge-ef-paye-ment--prefiles--afe-FeetuifeEl-as-the-basis-fer .l t h b.b.l l .l horizontal who„ th rt'ca grade ;s loss b � than one(1)percent and other departures froma1 roadway cross section, . b e., the pavement cross slope is not two(2)percent, and-for-at-least-twe-hundrecl-(2-04) feet f 11 t t' 8. Clear Vision Areas. A clear vision area shall be maintained on the corners of all properties ill roadwa intersections c-lt>ding-read crossings, th t t ectio sig t distances as specified in Table 4 620 J., S ry Of Environmental, Geometric And Design Standards, are provided. a. Prohibited Structures. A clear vision area shall contain no planting,fence,wall, sign, utility appurtenance, structure or other obstruction, temporary or permanent, 1• tL r (30) h h ht e l rl e t, f tho rh b J a tb- h f b+ .1 tt f the fin she ..+ade of the cente.line o f the street -Tr-ff- t l-d l b .b stalle r.l. ith the MUTCD,or Colorado Supplement thereto,arc exempt from this provision. b. Applicant is Responsible. It shall be the applicant's responsibility, through his engineer, to ensure that the necessary clear--34sisii-afea-is idedin thelyet and design of the development and is carried t 9 A Approaches and Driveways. concern, .since roads are rarely being built or upgraded fast enough to accommodate incr uses in traffic. Theolif ration ofasces„ is afa"rive<.ays along major local roads and state highways impairs the ability of such roads to efficiently carry traffic. Effective control of access can enhance the carrying capacity and safety of most roadways by reducing the opportunity for turning t h th t d f d I add ti el; at;. „f J nJ b. State Design Standards. Pursuant-to-W(4--)(a- aeses-s-appfeashes Code, 2 CCR 601 1 (the Code). In addition, those parcels directly accessing highways under the jurisdiction of the Colorado Department of Transportation shall be required to obtain a State Highway Access Permit pursuant to the above referenced Code. Eagle County is the Issuing ^ thority f r s h r ,its an should becontacted-initially-fog- the plicat;on a f.,-ther „f rmat;on obtaining State Highway Access Permits. C. Additional County Standards. In addition to the foregoing, public and private LAND USE REGULATIONS 4-107 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS ehe nd dr. shall be „b; et to the f llo t d d si (1)--Aeeess By-Emergency-and Service Vehicle—All dwell gs dot structures shall be accessible by emergency and service vehicles. A maximum-gfade-of-eight-(8-)-pereent-and-a-mihimum-senterline-r-adius-ef f rt., five( 5)feet: nded f r driveways orth f eing slope On south facing slopes, a maximum grade of ten (10) percent and a nterline radius of4orty five(45)f et in r nded Curves should be .;de ed a sl. n both a stances i____r /17,'O2 Unless otherwise approved by the Local Fire Authority Having Ju isdictio" „blic and private a aches and driveways; of 150 f et in length shall be p ,ided with adequate a a f r e mergensy vehicle t rnaround : close n mity to the r sidenee str et„re s ee Access a aches and dri„eways of 300 f et i„ length shall provide-ten area-adequate fore a ,ehiele t„r..arounds ,.lose proximity to the residence or structure served, and shall also provide =vehicle t,.rnouts where the driveway; e nded t„be at least 1 4 f et vivid .................�,..�� ..,........,...,.......�.� _�..mot,:__ at 1 cn font intervals Alternatively, the private a r dr yeway m h designed to accommodate two way traffic. Turnarounds shall be constructed in accordance with Section 1 620.D.11,Vehicle Turnarounds. fa+►1.0-3/247/-96} (2) DDriveways in Mountainous Terr-ain. Proposed develepme„ts en lots with m „taino„s terra;., m e the preliminar.. layout and design of the-individual driveways-at the pre stage a„a the design of the driveway at the final plan stage to a e that a n be � e ided to eh d, ell: its ea by the dr, nli ith Yam..........w.....+......n.==.:b:...___.,�_.vu vJ =aav urrr'v e Driveways that require significant cuts and/or fills are discouraged. Applicants a .ed to relocate development to a ithin th e prepesed development where-such cuts and ills areenot reguireeE—Where signifteant-gfacling-and/er-r-etaihing-walls-er-ether-stnietures-may-be necessary, the applicant may be required to identify a precise building elivel-ePe-and-een-stfust-the-dfivewa3-that-will-sen,ce-that-envelePeTet-the discretion of the Board of Co..nt..Comm;ss;oners sider:ng the advice f of-the County Engineer. In extraordinary cases, driveways may be s:dered public nts and thus collateralized nstr,.cted and e e „b,ect to the terms and e nditions of the other public nts : n the development. (4) Driveways Shall Diet Serve Mere-than- ree-nits. Dr ys-shall nt s e than three(3)dwelling,.nits , „lease ci ed otherw se : these Regulations A n.,r sidenee having a dwelling, nit shall be counted as one(1)unit. LAND USE REGULATIONS 4-108 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS (5) Clearance From Intersections. Driveways shall be restricted f r sufficient distance from any intersection with road approaches to preserve • normal and safe movement of traffic. Driveways shall provide the following intersection clearances, exclusive of driveway and intersection clearance of fifty(50)feet shall be provided for residential driveways and a minimum intersection clearance of one hundred(100) shall be provided for commercial driveways. In urban areas, a minimum intersection clearance of twenty (20) feet shall be provided for residential and commercial driveways,due to the expectation that dedicated turn lanes for the driveways will be present. In the event there are no dedicated turn 1 th tl, t t . (20 f of i tersectio cle ra ce „, , be extended, at the direction of the County Engineer. (6) , berg=tryways. Geenerally, no= -than one-(1) entryway shall be allowed for any parcel of property where the frontage is l tl l A a (100) f t ndditiona1 traces •t xc.T.raiccrrvcz�xrccnccrccr�rvcrT-rcc�r�acrrrrormrcirrrarrccsorcici cS-Toi--purc .., of property having a frontage in excess of one hundred(100)feet shall be tt 1 L the lica t ,lemenstrates they ed f perizrrccca-vrrr�wircii�nc-apprrcrsrrc�crrrorr�crcrccscc:c�ui .e.:l'.:,..... �.,. actual convenience and necessity, and that safety to the traveling public will not be compromised. (7) - Not Encroach. All driveways shall be located so that the flared portion adjacent to the traveled way shall not encroach upon adjoining property. +i a at et., (9m aegreo f r t nge t distant f hundred(100)feet from the centerline intersections. At intersections with major collectors this distance shall be increased to two hundred (200)feet. Driveways shall intersect the edge of the traveled way at ninety (90) degrees. This alignment shall be maintained within the public way. c-vz-�dis`jzinc,vixcv ci:c-cccc•Jacenc-pivpcz�pciix:l��ivio :�,� angles--of-ElFi.e-ways --relationship-to the right-o€ova -line ' between ninety(90) and sixty(60)degrees. (9) Maximum Width. Commercial driveways shall not exceed thirty five (35) feet in width, as m sured at right angles to the centerline of the driveway, except as increased by return radii at the edge of the traveled way. Residential driveways shall not exceed twenty four (24) feet in width, measured in the same manner. (1 m v d•' p bl d `l h ll b rl b h t-rv�msc :rcn-rrr�. -rrc-c-cn-rci-vrr-c -r-rc-w�-i ccccc=rrTonmr-vc-`Tso�v'ecixca v`7'-`�'asc'vrc factors as the width of drive and angular placement. Where the flared edge of an approach controls the turning radius of a vehicle entering the property by a right turn from the adjacent outside traffic lane of the LAND USE REGULATIONS 4-109 EAGLE COUNTY, COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS roadway, the radius of that edge shall not be less than twenty(20)feet for passenger vehicles and not less than fifty (50) feet where single unit or larger trucks may be expected to use the entrance and the traffic volume on the adjacent road exceeds four hundred(100)AADT. smooth transitions, conforming to normal vertical curve or grade break criteria. When a vertical curve is used to make this transition, it shall be fully accomplished prior to the connection with the existing roadway. a. Existing Crades. Existing grades shall be shown for at least three hundred(300) feet, with field verified as built showing stations and elevations at fifty (50) foot intervals in level terrain and twenty five (25) foot intervals in rolling and builts shall be shown within a three hundred (300) foot radius of the intersection. This information shall be included in the plan and profile of the proposed roadway. b. Plan View. Limits and characteristics of the existing improvements shall be shown in the plan view. Such characteristics include horizontal alignment, off site intersections, limits of the improvements, and similar factors. c. Previously Approved Designs. Previously approved designs for the existing improvement are not an acceptable means of establishing existing grades,however, they shall be referenced, on the construction plans,where they occur. as-the-Elesigo-elevations-fboth4lowline-and-top-of-c-ufb-Of-edge-of-pavementl 11. Off Site Design. The design grade,and existing ground at that design grade,of all roadways that dead end due to project phasing, subdivision boundaries or similar factors shall be continued,as necessary,in the same plan and profile as the proposed design,for at least three hundred(300) feet or to the intersection with a major collector roadway. This requirement shall be waived when there is no possibility of the roadway being extended in the future in accordance with sub section 1 620 J.1.g., Street Pattern. a. Applica s sp sible For Transition. Tf the „ff site ,.a..,..., ..djace�t to the proposed development is not fully improved, the applicant shall be responsible for the design and const,-,.ction „f„ transition for the saf , e e f t.-affie from his improved section to the existing roadway. a Shan a tion r a h ll b tended t„ the b. �c0ua--vircaxr-���$tended. e�rrr�iivrca seccroir-vri-vccc� axxu-n��eicccxnzca cv-sric boundary of the proposed development, as outlined in sub section 1 620 J.1.g., Street Pattern, with the transition being constructed "beyond" the proposed development onto the existing road. The following formula shall be applied to the taper or lane change necessary for this transition: LAND USE REGULATIONS 4-110 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS L—WS40 where: T —Length of transition i,, f et W—Width of offset in feet S —Speed limit or 85th percentile speed. (L--Structures. The developer shall be responsible to have all bridges, culverts, retaining walls, borings, tunnels or other structure ithin the r ee develop..-.ent designed b y ' prof ssil Engineer, licensed in the State of Colorado, and shall be responsible to have said structures constructed, reconstructed or repaired through the two year warranty period in the Subdivision Improvements Agreement as defined in Section 5 280.B.5.e. The engineer shall provide certification, upon completion of any such structures, that it meets the minimum requirements for the intended use,traffic loading and soils conditions prior to acceptance of the public improvements by Eagle County. All such structures shall meet the following minimum standards: (am 03/12/02) 1. Sitrength St +,,res shall be of s„ffcient strength. ro . odate n nSHTO ucon loading. way,plus four(4)feet and shall include walkways and handrails. 3. Hydraulic Capacity of Drainage Structures. Drainage structures include, but are not drains, orifices, gates, chutes, dams, levees, dikes, sills,ponds,basins, bays, drops, weirs, sluices, flumes, siphons, and energy dissipators. Drainage structures that convey the flow of named streams, as shown on the United States Geological Survey, 7.5 minute topographic, 1:24,000 scale, Primary Map Series, and in the list in Appendix E, shall be designed with a hydraulic capacity to pass the one hundred (100) year flow. Drainage structures conveying the flow of lesser streams,or other sources of storm water at collector, commercial,or industrial roads,shall be designed to pass the fifty(50)year flow. Drainage structures conveying the flow of lesser streams, or other sources of storm water at all other roads, shall be designed to pass the twenty five(25)year flow. (am. 03/12/02) 4. Bridges and Culverts. Bridges and culverts shall be designed with adequate guardrails (where required), roadway approach grades and curvature to assure safe sight distance. 5. Roadway Fill. An adequate channel and wingwalls shall be provided to protect approach roadway fill from scouring and erosion. K. Street Name And Traffic Control Signs. The names of all streets shall be subject to the approval names, physical conditions and historic features in the surrounding areas. The developer shall be required to furnish and install street name signs and all traffic control signs and devices necessary in accordance with the"Manual of Uniform Traffic Control Devices"and the Colorado Supplement thereto. A street sign plan shall be submitted with the public improvement LAND USE REGULATIONS 4-111 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS plans that demonstrates conformance to this standard. and to perform any work required by the Public Utility Commission in the event any portion of the development involves a railway crossing. SECTION 4-630. SIDEWALK AND TRAIL STANDARDS A. Standards.The sidewalk and trail standards shall be as set forth in the Engineering Criteria Manual, Sidewalk and Trail Standards. (am.12/01/24) A. Trails Standards. The following standards shall apply to any trails or paths required by the Board of County Commissioners through development approval. For standards not specifically listed here, the design, layout and construction details in the Eagle County Trails Plan, dated September 16, 1993 and as subsequently amended, shall apply. environmental s:tivity 1. Minimum Width. The minimum recommended width of a trail or path is ten (10) feet with one to two (1 to 2)feet of clear area, graded for drainage on each side of the trail and surfaced with aggregate base course. See the Eagle County Trails Plan for additional standards on width. 2. Minimum Surfacing. Three (3) inches of asphalt over six (6) inches of compacted and may be required for trails that will be accepted for maintenance by a public agency, particularly for areas prone to flooding,erosion or unstable soils. Concrete trails shall have a minimum thickness of four (1) inches of 3,000 point psi concrete over six (6) inches of proposed development and link with adjacent trails systems will be determined through the development process. 3. Crades. 1%to 2%maximum grade recommended. Sections over 5%grade and under 500 €eet g e ve-acce-ptable i wider trail width-provided. 'no •h .maximum allo ea in very short distances of trail. 1. Drainage. Sloping in one direction at an optimum of 2%, or up to 5% on curves, is preferred over crowning to provide drainage. Hillside trails shall incorporate drainage swales on the uphill side to intercept downhill drainage. Catch basis and culverts may be nee€ssa Drainage strctures s eh rates and shall be located f+ fthe trail determined through the development process, or which maintain, replace or create trail connections to public land shall-be platted as public easements,unless located and approved in the public road right of way. Easements shall be to the Cou ty fer use by the publi 6. Public Improvements. Said trails-er paths shall be considered public improvements and LAND USE REGULATIONS 4-112 EAGLE COUNTY, COLORADO Article 4 Docusign Envelope ID.A71BD6BA-4873-49BB-8D28-F9B3586B8ECF ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS shall be collateralized, constructed and subject to terms and conditions of the other public improvements in the development. 7. Public Lands Access. As part of any development proposal that is adjacent to public lands, existing trail connections to public lands should be maintained or replaced. Creation of public lands access is recommended, where appropriate. Paved surfacing is not recommended for this type of trail,but subject to review through the development process. 8. Private Trails. Trails which arc contained within a subdivision and arc for the exclusive use of its residents shall be designed in accordance with these criteria, with the exception that width of path may be reduced if it is determined that with a combination of trails and attached sidewalks, adequate pedestrian facilities will be provided. B. Sidewalk Standards D. I. Minimum Width. When sidewalks are called for in Table 4 620 J., Summary Of Environmental,Geometric And Design Standards,the minimum width shall be four(II)feet for an attached sidewalk and six (6) feet for a detached sidewalk (provided the detached sidewalk is not a component of the Trails Plan, in which case it would be subject to the standards of that Plan). 2. Minimum Thickness. All sidewalks shall have a minimum thickness of four(4)inches of three thousand(3,000)psi concrete over a compacted six(6)inch CDOT Class 6 aggregate base course(ABC). shoulder on either side brought up flush with the edge of the sidewalk, and sloped down at a grade of four(11)percent away from the sidewalk for drainage purposes. 4. Mountable Curb. When mountable curb is called for in Table 4 620 J., Summary Of Environmental, Geometric And Design Standards, the sidewalk may be a monolithic pour. 5— Curb Ramps. Curb ramps shall be installed as required by the Americans with Disabilities Act in accordance with CDOT Standard M 608 1. 6. Compliance With CDOT Standard. Curbs, gutters and walks shall be constructed to Summary Of Environmental, Geometric And Design Standards. SECTION 4-640. IRRIGATION SYSTEM STANDARDS A. Applicability and Standards. The irrigation system applicability and standards shall be as set forth in the Engineering Criteria Manual,Irrigation System Standards. (am. 12/01/24) A. Surface Water Rights. If there are surface water rights appurtenant to lands proposed to be developed, utilizing an irrigation system, the applicant shall provide evidence of compliance with the requirements of applicable Colorado Law. LAND USE REGULATIONS 4-113 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS B. Irrigation Water. If irrigation water is to be made available in a development, it shall be the Prim—cv al of tm acdcioPion*. Such .:t.. ... .nts "hal. be considered public improvements and shall be collateralized, constructed and subject to the terms and conditions of the othe bl ts ., the de of nt 1. System Standards. The irrigation delivery system shall meet minimum delivery requirements for the development and shall encompass the control of wastewater, drainage water, and surface water resulting from irrigation, and shall protect and deliver the water rights of others using the same water source. 2. Review. The irrigation delivery system shall be reviewed and approved by the County The irrigation delivery system may also be subject to review and approval by the State Engineer. (amd. 07 29 14)- C. Restriction Of Irrigation Methods. Eagle County may restrict the methods of irrigation to be employed in a development in order to prevent an artificial and detrimental rise of the groundwater tableder the s„b.7iyi ed land adjacent la ds crossing the proposed development,unless the applicant can prove conclusively that they have been plus twenty (20) feet, or as otherwise recommended by the ditch owner and as approved by the Board of County Commissioners. the ditch and any attendant structures unless other written agreements arc entered into between the applicant and ditch owner. Such agreement(s) shall be filed as part of the final approval documents. Maintenance within the public way shall require the applicant to obtain a"Permit To Construct Within SECTION 4-650. DRAINAGE STANDARDS Applicability and Standards. The drainage applicability and standards shall be as set forth in the Engineering Criteria Manual, Drainage Standards. (am. 12✓0124) A. +h a � t c ating t, tho „a (1n nnm� e foot o of; rfa LAND USE REGULATIONS 4-114 EAGLE COUNTY, COLORADO Article 4 Docusign Envelope IC.A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS i (3) D ,1 T t u ff; !Al Conveyance of 1nn_.,oar Storm Flo nd (5)lithe,-Technig (a.....O1/O4/O5 Aption-s+ ekatinelK d' h e to a at,.ral water body; or i,,mO ,h12/n2) a f It t a .1' cte.l to .- w nth. stormatnr tr atm nt methodo infiltratiewdeviees-7 f Y re t I1 t t' h nil ;f.. to t 11 hl 1 f idthC7V. CR LAND USE REGULATIONS 4-115 EAGLE COUNTY, COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS i i .al.,with the follow;. stan.lor.ls i,..__ gO5)• eff c ency for ..articles n nne m .a diameter or larger from the two (2) . r twenty four (24\ hour !e o nstructed. ,etland xtended detention with ., nitial releaso etc \ twenty four(24\ hour design storm in determ;n off rates the entire a .atributing fa o�tthe e ha .urea �v a,vrac uaa a a.aa e subject to tho .al of the Co .aty En (orig 01/04 054 • •f f LAND USE REGULATIONS 4-116 EAGLE COUNTY, COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS andior-stru-etu-r-al-best-management-praetiees SECTION 4-660. EXCAVATION AND GRADING STANDARDS (orig 03/12/02) Applicability and Standards.The excavation and grading applicability and standards shall be as set forth in the Engineering Criteria Manual, Excavation and Grading Standards(am.12/01/24)- A. A. Purpose and Applicability. public welfare by regulating grading on private property. 2. Applicability. No person shall do any grading without first I}aving obtained a grading mit o ption f-em .. rading., rmit ro.v, the Eagle! t..E. p.�.a.�ii�vi uai vnyz"zil�rzvra ca 3_ Excavating and Grading Standards current edition of the International Building Code Appendix J. Grading. The current edition will be as specified in Section 3.02 Application of Chapter III of (am 1/4/05) b. Amendments. The standards shall also include amendments to the current edition of the I„ter ationa B„ilding Cole . nt.,ine in Se t:, -3 05 f th B ;ld' vi �.iv ui�vrciuccciar¢x Resolution. A d itiona1 st. a^ ds of ted to the design and placement of earthen landscape ber-1 s ar€ also found in Sectio 4-23p �.'0., C-� lords f cape Berms,and Section 3 340.C.4,Dimensional Limitations for a Fence,Hedge, Wall or Berm. (am 01/04/05) (am. 05/16/06} W ll A t ' „,h;.,.,tion ,-otai • 11 b J > > four (4) feet in height or greater as measured from the bottom of the footing to separate-Lau-i-lding permit for constructioi ngineered drawings stamped by a Professional Engineer licensed in the State of Colorado will be required with the b o SECTION 4-665. EROSION CONTROL STANDARDS (am 03/12/02) Applicability and Standards.The erosion control applicability and standards shall be as set forth in the Engineering Criteria Manual,Erosion Control Standards. (am.12/01/24) A. A Purpose nand licmvmr.T LAND USE REGULATIONS 4-117 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS ♦• t t a with et ..ts i,. O5/O1/O71 Permanent Re-vegetation,Any-disturbed-arewthat-is--not-lmilt-upen-for-ane-(4)-year-or-loager-shall-be- , stabilization, "o•Pcr formed. LAND USE REGULATIONS 4-118 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS stmver-iniets-shall-be-p-roteeted-from-entr),=-4-sediment4aden-water, f f f tr-ap-efrteieney-for-ali-sediments-of-.005-mm-Of-lafger-diameterAf-the- dist-karge-from4he-pead4s-passed-thfeugh-a-filtratien-(ke7-a-eenstrueteti-wetlantWor-tafiltration- be-req-u-iFed,-Silt-tr-aps-nbe-used-to-detain-and-tr-eat-ntnoff-if-t#e-eontFib+tting-drainage-afea-is- less-than-five-(53-aeresi- T-empara-r4jr-Sedtment-P-ends,-Temper-ary-sediment-ponds-th-at-wili-bv-Femeved-after-s-ueeessfulien- ef-the-site-shall-he-design-ed-te-saely-eletaiwand-release-all-storms-up4o-aftd-ineludingthe-twent r flood a„d meet a ., dam and diversion r nts of the Stat >; .".... aa.,.,.. .a,.�a aaawa "`arJ aasraa , ration shall be a „lashed r that d of.. .",jaaa aaaa..aao vaaaraa ivc , 4 b6 �AH� rb!}iti;Jshall Hsu ti-aan erosioirand sediment controll plan prepared by a quali iedl-professional in�lud; me itte„t. ater feat., etI d d th h a a auc-au `� 7 7 ,etla„ds. o other. aters r t ff f th 't LAND USE REGULATIONS 4-119 EAGLE COUNTY, COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8028-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS gFading completed,- „d sedimen* + 1 r � wcs n..n LAND USE REGULATIONS 4-120 EAGLE COUNTY, COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS SECTION 4-670. UTILITY AND LIGHTING STANDARDS Applicability and Standards. The utility and Lighting applicability and standards shall be as set forth in the Engineering Criteria Manual, Utility and Lighting Standards. (am.12✓01/24) 1 A, 1J-tilitEusentents,Easentents-acceptable-to-tbe-ntility-provider-sball-be-shown-on-the-plat- twenty-five-615)-freet-shall-be-provided-iii-the-proposed-developinent-for-acconunedating- utilitieskall-Ile-fifteeii--(4-5)-f-eet,--T-lie-suggested-forni-and-contents-of-said-easentent- dedication-is-fonad-in-Appendix-of-tbese-Regulationsi 1 9 7 1 7 f 11 II f f , f 7 electrical „th a fonstruct on. LAND USE REGULATIONS 4-121 EAGLE COUNTY, COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS SECTION 4-680. WATER SUPPLY STANDARDS A. Potable Water Supply. Potable water supply shall be made available to all platted lots and other developments. 1. Public Water Supply Accessible. Where an approved public water supply is located within four hundred (400) feet of the proposed development, the developer shall connect to such system and install water lines and appurtenances to make the water supply available at the property line of each lot within the development. 2. Public Water Supply Not Accessible. Where an approved water supply is not reasonably accessible or procurable, the applicant shall, at the discretion of the Board of County Commissioners, either: a. Install Central Water System. Install a central water supply system and water lines to each lot from wells or other approved sources that complies with the standards of the Colorado Department of Public Health and Environment and receives the approval of the State Engineer; or b. Submit Evidence of Adequate Supply. Submit evidence satisfactory to the State Engineer that an adequate water supply that complies with the standards of the Colorado Department of Public Health and Environment and Eagle County will be available to each lot in the proposed development. The water supply may be from individual wells using groundwater, provided the lots are of adequate size, as specified herein,and provided the other standards specified herein are met. 3. Calculation of Adequacy of Supply. The adequacy of the water supply for any proposed system shall be calculated based on the total planned development of the subdivision,using standard engineering practices,based on per capita water usage derived from peak demand, storage and fire protection requirements. Fire protection requirements shall be related to location and character of the development. a. Individual Supplies. If individual water supplies are to be used, a report confirming the adequacy of the supply and stating the expected aquifer depths shall be furnished. b. Large Developments. For a development containing more than fifteen (15) lots or water taps or a development on land having varying geology,the report shall be comprehensive so as to be applicable to all lots in the proposed development. c. Community Water System. Where a community water system is proposed, the availability and adequacy of the water sources and associated rights shall be delineated and certified by a Professional Engineer licensed in the State of Colorado. d. Analysis of Water Samples. Representative samples of the water source shall be LAND USE REGULATIONS 4-122 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS analyzed by a reputable laboratory to determine conformance with Colorado drinking water standards. 4. Submission Standards. The preliminary plans for the development shall contain a design of the water supply system at a preliminary engineering level sufficiently detailed to fully represent the mechanics of how the system will operate. The final plans for the development shall contain a design of the system at an engineering level sufficiently detailed to permit accurate cost estimates. 5. Construction and Administration of Facilities. a. Construction Standards. The water supply system in the proposed development shall conform to the standards and specifications of the nearest district that supplies water in the event future connection can be made. b. Phased Construction Permitted. Construction of facilities may be phased upon approval of a phasing plan by the Board of County Commissioners. c. Administration. Where a central water system is to be installed, an organization shall be set up to administer the operation of this system. Administration shall be by an incorporated town,water district or an approved corporation. B. Fire Fighting Facilities. The developer shall provide fire hydrants, water tanks, cisterns and/or dry hydrants within the development capable of providing a fire fighting water supply. Such hydrants, water tanks, cisterns and/or dry hydrants shall be of the type, size and number, and shall be installed in locations as specified in Section 4.430.E.1.a, Water Supply of these Land Use Regulations, or as may be alternatively approved by the Local Fire Authority Having Jurisdiction. (am 12/17/02) SECTION 4-690. SANITARY SEWAGE DISPOSAL STANDARDS A. Sanitary Sewage Disposal System Required. No lots shall be platted and no development shall be permitted unless an economical and reliable method of disposal of sanitary sewage is available to that lot or development. 1. Public Sanitary Sewer System Accessible. Where a public sanitary sewer system is located within four hundred (400) feet of the proposed development, the applicant shall connect to such sanitary sewer system where and whenever feasible and provide adequate connection lines and appurtenances to make the sewer facilities available at the property line of each lot of the development. 2. Public Sanitary Sewer Not Accessible. Where a public sanitary sewer is not located within four hundred (400) feet of the proposed development, the applicant shall install LAND USE REGULATIONS 4-123 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS sewage disposal facilities, or lot owners shall install individual sewage disposal systems for each lot, provided the lots are of adequate size, and provided the other standards specified in the Eagle County Public Health Agency On-Site Wastewater Treatment System(OWTS)Regulations are met. (amd. 07-29-2014) B. Standards for Central Sanitary Sewer System. Where a central sanitary sewer system is to be constructed, the design and construction of the system shall comply with the regulations of the Colorado Department of Public Health and Environment and shall be reviewed and approved by that Department and by the Board of County Commissioners through their authorized representative. 1. Treatment Facilities. Sewage treatment facilities of an approved design shall be constructed to adequately treat all collected sewage. All proposed sewer plants shall make provisions for the handling and disposal of sewage sludge. 2. Collection Sewers. Collection sewers shall be designed and provided to service each lot. 3. Conformance With Standards of Nearest District. The system shall conform to the standards and specifications of the nearest district that supplies sewage treatment facilities, in the event future connection can be made. 4. Administration. Where a community sewage system is to be installed, an organization shall be set up to administer the operation of this system. Administration shall be by an incorporated town, a sanitation district, or an approved corporation with a Public Utilities Commission permit. C. Standards for On-Site Wastewater Treatment Systems(OWTS). 1. Individual Design. Each lot in the development shall be individually designed so that an individual sewage disposal system may be constructed on it that complies with the Eagle County Public Health Agency On-Site Wastewater Treatment System (OWTS) Regulations. The applicant shall identify a primary site and an alternative site for on-site sewage disposal. (amd. 07-29-2014) 2. State and County Review Required. Each development wherein individual systems are proposed for the disposal of sewage shall be reviewed by the County Environmental Health Manager,to determine their compliance with the County's standards for such systems. The County Environmental Health Manager may refer the development plans to the Colorado Department of Public Health and Environment for comment and approval, if required. 3. Required Tests. The applicant shall furnish to the satisfaction of the County Environmental Health Manager or Colorado Department of Public Health and Environment a report summarizing the percolation, groundwater and soil characteristics tests performed. a. Minimum Number and Spacing of Test Holes. The tests shall be performed in LAND USE REGULATIONS 4-124 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-c9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS a sufficient number in separate test holes spaced uniformly over the proposed absorption field sites,such that the results of said tests indicate that site conditions are adequate to permit the installation of the proposed type of soil absorption system without creating sanitation or pollution problems. (1) Test Methods. The absorption and percolation rates shall be determined by the methods prescribed by the County Environmental Health Division determines to be equivalent in accuracy. (2) Developments Having Varying Geology. In developments on land having varying geology,tests shall be run at sufficient locations to assure that each lot will have an acceptable primary and alternate location for an individual system. b. Qualifications. The tests shall be performed by a registered professional engineer licensed in the State of Colorado or a qualified geologist. D. Submission Standards. The preliminary plans for the development shall contain a design of the sewage disposal system at a preliminary engineering level sufficiently detailed to fully represent the mechanics of how the system will operate. The final plans for the development shall contain a design of the system at an engineering level sufficiently detailed to permit accurate cost estimates. LAND USE REGULATIONS 4-125 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION4-7IMPACTFEESAND LAND DEDICATION STANDARDS DIVISION 4-7. IMPACT FEES AND LAND DEDICATION STANDARDS SECTION 4-700. SCHOOL LAND DEDICATION STANDARDS A. Formulas. Pursuant to Section 3028133(4)(a),C.R.S., 1973,as amended,the subdivider of land in each residential subdivision or portion of a subdivision intended for residential use shall allocate and convey sites and land areas for schools, when such are reasonably necessary to serve the proposed subdivision and the future residents thereof, as determined by Eagle County,based upon the School District's long range capital plan and evidence of the impact of the subdivision on the District,by applying the formulas set forth herein. (am o5/15/01) 1. Single-Family Units. Number of units X 0.0151 =dedication requirement in acres. 2. Duplex and MultiFamily Units,excluding Townhouse Units. Number of units X 0.0025 =dedication requirement in acres. 3. Townhouse Units, Defined as Multi-Family Units Where Each Unit is Located on a Separate Platted Lot. Number of units X 0.0054=dedication requirement in acres. 4. Mobile Home Units. Number of units X 0.0151 =dedication requirement in acres. B. Land Shall Be Usable. When land is dedicated for the purpose of providing a school site, it shall be that which is usable by the respective School District for such purpose, as determined by Eagle County, and shall be maintained by the School District in a reasonable manner until developed. Said land shall be held by the County for the School District until required by the School District. In the event that the School District determines subsequent to dedication that such school site is not reasonably necessary, the Board may, at the request of the School District, sell such land. (am 05/15/01) C. Cash-in-Lieu of Land Dedication. When sites and land areas for schools are not reasonably necessary to serve the proposed subdivision and the future residents thereof, the Board, with recommendations from the School District and other affected entities, shall require, in lieu of such conveyance of land, the payment in cash by the subdivider of an amount not to exceed the current full market value of such sites and land area for schools. The Board of County Commissioners shall determine the amount of such payment after considering information and testimony presented at the hearing for the final plat. (am 09/02/03) 1. Appraisal of Land to Be Subdivided. The subdivider shall provide, as part of the application for the final plat, an appraisal of the land area to be platted, prepared by an appraiser licensed or certified in Colorado, of the current full market value of the land LAND USE REGULATIONS 4-126 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS • area being platted.The appraisal report shall be completed as a Summary Appraisal Report using the market approach to appraisal, and shall be dated no more than six (6) months prior to the date of application for the final plat. Full market value shall be based on anticipated market value after completion of platting. (am 09/02/03) 2. Money Shall Be Held By the Board. When money in lieu of land is required or when monies have been paid to the Board from the sale of such dedicated sites for schools, it shall be held by the Board for the acquisition of reasonably necessary sites for the construction of school facilities. (am 09/02/03) D. Dedication Requirements Shall Apply Only Once. School land dedication requirements shall apply only once to the same land area. Dedications shall not be required of re-subdivisions of the same land when a dedication has previously been made unless a net gain in residential units is realized as a result of a re-subdivision. In these instances,school land dedication requirements will be calculated proportionally, based upon the difference between the total number of allowed residential units prior to and after re-subdivision occurs.(am. 7/29/04) E. Dedication Shall Occur at Final Plat. The actual dedication or payment shall occur at the Final Plat stage. SECTION 4-710. TRANSPORTATION IMPACT FEES (orig.05/15/01)(am. 03/09/23) A. Short Title,Authority,and Application 1. Title. This Regulation shall be known and may be cited as the "Transportation Impact Fee Regulation." (orig. 03/09/23) 2. Authority. The Board of County Commissioners has the authority to adopt this Regulation pursuant to the Colorado Constitution and"29-20-101-107,30-28-106, 30-28-133,C.R.S.and all other relevant laws of the State of Colorado. 3. Application. This Regulation shall apply to all lands within unincorporated Eagle County and, pursuant to intergovernmental agreements, all other lands within the county lying within the boundaries of Participating Municipalities. B. Intent and Purpose. 1. Intent. This Regulation is intended to implement and be consistent with the Transportation Plan, Road Capital Improvement Plan (CIP), Transportation Impact Fee Study, ECO Transit Plan, ECO Trails Plan,and the Eagle County Master Plan. (orig. 03/09/23) 2. Purpose. The purpose of this Regulation is the establishment of a system for the imposition of transportation impact fees to assure that new development contributes its proportionate share of the cost of providing, and benefits from the provision of, Road Capital Improvements identified as needed to be built in the Road CIP. (orig. 03/09/23) 3. Regulations, Standards, and Criteria. The regulations, standards, and criteria for the LAND USE REGULATIONS 4-127 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-48713-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS Transportation Impact Fee shall be as set forth in the Engineering Criteria Manual Chapter 2, Transportation Impact Fees. (orig. 03/09/23) SECTION 4-720. EMERGENCY SERVICE IMPACT FEES (orig. 12/13/05) A. Purpose. The purpose of this Section is to: 1. Provide a rational system for identifying and mitigating growth-related costs associated with growth and development and the expansion of emergency services and facilities made necessary by land development activities, a growing population and economic activity levels. 2. Implement the methodology and analysis for the determination of the impact of new development on the need for, and cost of, additional Emergency Service Capital Improvements. 3. Ensure that the Emergency Service Impact Fees established by this Section are based on, and do not exceed, the cost of providing additional Emergency Service Capital Improvements necessitated by new development. 4. Regulate the development of land to ensure that new development bears a proportionate share of the cost of Emergency Service Capital Improvements necessary to provide adequate emergency services within Eagle County. 5. Assure that the system of Emergency Service Impact Fees implemented in this Section is linked to an Emergency Service Capital Improvements program designed to provide the facilities and equipment for which the Emergency Service Impact Fees are imposed. B. Definitions.The following terms as used in this Section shall have the meanings set forth unless it is apparent from the context that they have a different meaning. 1. Developer: A Developer as defined in Chapter 2 of these Eagle County Land Use Regulations. 2. Development: Development as defined in Chapter 2 of these Eagle County Land Use Regulations 3. Emergency Service Capital Improvement: a. Includes: (1) Fire Protection or emergency medical, rescue and ambulance service planning,preliminary architectural and engineering services, architectural and engineering design studies, land surveys, land acquisition, site improvements and off-site improvements associated with new or expanded facilities used for Fire Protection or emergency medical, rescue and ambulance service; LAND USE REGULATIONS 4-128 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS (2) Construction of buildings and facilities used for Fire Protection or emergency medical,rescue and ambulance services; and (3) Purchase of fire suppression or emergency medical,rescue and ambulance apparatus and equipment, including communications equipment, with an average useful life of at least five years, necessary to adequately protect and serve new development and its inhabitants. b. Excludes periodic or routine maintenance of facilities and equipment,personnel costs • or operational expenses. 4. Emergency Service-Generating Development: Any development designed or intended to permit a use of the land that will contain or convert to more dwelling units or floor space than the most intensive use of the land within the twelve (12) months prior to the commencement of Emergency Service-Generating Development in a manner that increases the need for Emergency Service Capital Improvements as identified in the Fiscal Impact Fee Study. 5. Emergency Service-Generating Development, Commencement of: The issuance of a building permit or other applicable approval process on a lot or other parcel of land for which an Emergency Service Impact Fee has not previously been paid. 6. Emergency Service Impact Fee:A fee for Fire Protection or emergency medical,rescue and ambulance service established pursuant to this Section. 7. Emergency Service Provider: A governmental entity providing public Fire Protection, emergency medical,rescue or ambulance services or any combination of such services. 8. Fire Protection:The prevention and extinguishment of fire,protection of life and property from fire, enforcement of municipal, county, district, and state fire prevention codes, and provision of services authorized by statute or typically provided by a public fire department. 9. Fiscal Impact Fee Study: A study that mathematically calculates the fiscal impact of future demand for emergency services of the applicable Emergency Service Provider. 10. Impact Fee Administrator: The Impact Fee Administrator appointed as provided in Section 4-710 of these Eagle County Land Use Regulations, to administer the Emergency Service Impact Fee program established by this Section 4-720. C. Imposition of Emergency Service Impact Fees. Any Developer who has not already dedicated land to defer anticipated impacts of a proposed Emergency Service-Generating Development shall upon Commencement of an Emergency Service-Generating Development pay an Emergency Service Impact Fee in the manner and amount set forth in this Section. 1. Time of Fee Obligation and Payment. a) After the effective date of this Regulation, upon the Commencement of LAND USE REGULATIONS 4-129 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487E-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS the Emergency Service-Generating Development within unincorporated areas of the county, an Emergency Service Impact Fee, pursuant to the terms of this regulation, shall be imposed on each Lot(or other portion)of the Development. The amount of the Emergency Service Impact Fee shall be determined and paid to the Impact Fee Administrator at the time of issuance of a building permit for the Development, or other associated actions of Eagle County having the effect of permitting the development of land. The obligation to pay the Emergency Service Impact Fee shall run with the land, and, therefore, the unpaid obligation to pay fees passes with title for purposes of these regulations. No building permit will be issued, or other land use activity requiring Eagle County approval will commence until all fees due hereunder with respect to the Lot,or parcel of land which is the subject of the building permit application, or other applicable approval process have been paid in full. If any credits are due pursuant to Section 4-72O.H, they shall also be determined at that time. The fee shall be computed separately for the amount of construction activity covered by the permit, if the building permit is for less than the entire Development. If the fee is imposed for an Emergency Service- Generating Development that increases emergency service impact because of a change in use,the fee shall be determined by computing the difference in the fee schedule between the new Emergency Service-Generating Development and the existing Emergency Service-Generating Development. 2. Exemptions. The following shall be exempt from the terms of this Regulation. An exemption must be claimed by the fee payer at the time of application for a building permit. a) Alterations, expansion, or replacement of an existing building where no additional dwelling units are created, the use is not changed, and no additional need for Emergency Service Capital Improvements will be produced. b) The construction of accessory buildings or structures that will not produce additional need for Emergency Service Capital Improvements over and above that produced by the principal building or use of the land. c) The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use,provided that no • additional need for Emergency Service Capital Improvements will be produced over and above that produced by the original use of the land. d) The following types of re-plat will not necessitate payment of Emergency Service Impact Fees LAND USE REGULATIONS 4-130 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS e) Private recreational facilities within a residential subdivision that are restricted for the use of residents and will not generate additional need for Emergency Service Capital Improvements. 3. Waiver by the Board of County Commissioners. The Board of County Commissioners may waive the applicable Emergency Service Impact Fee on the development of low or moderate-income housing or affordable employee housing as defined by Eagle County government in Section 4-710 of these Land Use Regulations,pursuant to C.R.S. 29-20-104.5(5). D. Emergency Service Impact Fee Amount.Upon application by an Emergency Service Provider, supported by a Fiscal Impact Fee Study,the amount of any Emergency Service Impact Fee to be charged shall be set and revised from time to time by resolution of the Board of County Commissioners adopted pursuant to Subsection J.,except that the annual adjustment for inflation provided in Subsection J.1 shall be automatic and shall not require adoption of an implementing resolution. E. Alternative Calculation Study. In lieu of charging the Emergency Service Impact Fee amount adopted pursuant to Subsection D above, a Developer may prepare and submit to the Impact Fee Administrator a site-specific Fiscal Impact Fee Study for the Emergency Service-Generating Development. The site-specific Fiscal Impact Fee Study shall be referred to the Emergency Service Provider serving the Development for comment and recommendations. The site-specific Fiscal Impact Fee Study shall follow the prescribed methodologies and formats established by the applicable Emergency Service Provider and shall show the basis upon which the proposed Emergency Service Impact Fee was calculated, and shall be based on the same level of service and service standards provided for in the Fiscal Impact Fee Study underlying the Emergency Service Impact Fee amount established under Subsection D. The site-specific Fiscal Impact Fee Study shall be prepared and presented by professionals qualified in their respective fields. The Impact Fee Administrator shall consider the documentation submitted by the Developer and recommendation of the Emergency Service Provider but is not required to accept such documentation or recommendation. If the Impact Fee Administrator determines that an acceptable site-specific Fiscal Impact Fee Study has not been presented,the Developer shall pay the Emergency Service Impact Fee based upon the amount set pursuant to Subsection D above. Determinations made by the Impact Fee Administrator pursuant to this Section may be appealed to the Emergency Services Impact Fee Board,consisting of the Board of County Commissioners, by filing a written request with the Clerk to the Board of County Commissioners within ten(10) days of the Impact Fee Administrator's determination. Following the submittal of such request, the Emergency Service Impact Fee Board shall hold a public hearing to determine the amount of the Emergency Service Impact Fee that shall be paid prior to issuing the requested building permit. The decision of the Emergency Service Impact Fee Board is subject to judicial appeal. Pending a judicial appeal of the decision of the Emergency Service Impact Fee Board, the Developer may LAND USE REGULATIONS 4-131 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS pay the Emergency Service Impact Fee determined by the Emergency Service Impact Fee Board and proceed with the Development. F. Time for Payment of Emergency Service Impact Fee. A Developer requesting approval of an Emergency Service-Generating Development shall pay the Emergency Service Impact Fee at the time of issuance of a building permit for the Development,or other associated actions of Eagle County having the effect of permitting the development of land. The obligation to pay the Emergency Service Impact Fee shall run with the land, and,therefore,the unpaid obligation to pay such fees passes with title to the property. No building permit will be issued until all Emergency Service Impact Fees due hereunder with respect to the lot that is the subject of the building permit application have been paid in full. G. Use of Emergency Service Impact Fees. 1. All Emergency Service Impact Fees collected pursuant to this Section shall, within sixty (60) days following payment to the County, be transferred to the applicable Emergency Service Provider. 2. All Emergency Service Impact Fees collected pursuant to this Section shall be deposited by the applicable Emergency Service Provider, in an interest-bearing account that clearly identifies the category, account, or fund of capital expenditure for which such Emergency Service Impact Fee was imposed and the Development for which the Emergency Service Impact Fee was imposed. Any interest or other income earned on moneys deposited in said interest-bearing account shall be credited to the account. 3. Emergency Service Impact Fees shall be used exclusively for Emergency Service Capital Improvements. 4. No Emergency Service Impact Fees shall be used for periodic or routine maintenance, personnel costs,or operational expenses. 5. In the event bonds or similar debt instruments are used to fund Emergency Service Capital Improvements prior to collecting the necessary Emergency Service Impact Fees, once collected, Emergency Service Impact Fees may be used to pay debt service on such bonds or similar debt instruments. 6. In the County's discretion, the County may require the applicable Emergency Service Providers enter into intergovernmental agreements with the County regarding the method of collection and administration of the Emergency Service Impact Fee program, allocating or delegating such functions as the parties deem appropriate. In the event the County collects and administers the Emergency Service Impact Fee program, the County shall retain a reasonable administrative fee not to exceed six percent(6%). H. Credit for Improvements. 1. General Standards. LAND USE REGULATIONS 4-132 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS a. Any person causing the Commencement of an Emergency Service-Generating Development may apply for credit against Emergency Service Impact Fees otherwise due, up to but not exceeding the full obligation for Emergency Service Impact Fees proposed to be paid pursuant to the provisions of this Regulation, for any contributions, construction, or dedication of land accepted or received by Eagle County or the applicable Emergency Service Provider, for purposes of providing Emergency Service Capital Improvements necessitated by the Development. b. Credit shall be in an amount equal to fair market value of the land dedicated for emergency Service Capital Improvements at the time of dedication,the fair market value of the construction at the time of its completion, or the value of the contribution or payment at the time it is made for construction of an Emergency Service Capital Improvement. c. The credit shall not exceed the amount of the Emergency Service Impact Fees due and payable for the Emergency Service-Generating Development. 2. Emergency Service Impact Fee Credits. a. The determination of any credit shall be undertaken through the submission of an application for credit agreement, which shall be submitted to the Emergency Service Impact Fee Committee, which shall consist of the Impact Fee Administrator and one(1)representative appointed by the applicable Emergency Service Provider. b. The application for a credit agreement shall include the following information: (1) If the proposed application involves a credit for any cash contribution, the applicant shall provide a certified copy of the Development approval in which the contribution was agreed;proof of payment,if payment has been made; or the proposed method of payment, if payment has not been made. (2) If the proposed application involves credit for the dedication of land, the applicant shall provide a drawing and legal description of the land; the appraised fair market value of the land at the date a building permit is proposed to be issued for the Emergency Service-Generating Development, prepared by a professional Real Estate Appraiser who is a member of the Member Appraisal Institute (MAI) or who is a member of Senior Residential Appraisers(SRA),and if applicable,a certified copy of the Development permit in which the land was agreed to be dedicated. (3) If the proposed application involves credit for construction, the applicant shall provide the proposed plan of the specific construction prepared and certified by a duly qualified and licensed Colorado engineer or contractor; the projected costs for the suggested improvement, which LAND USE REGULATIONS 4-133 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS shall be based on local information for similar improvements, along with the construction timetable for the completion thereof. Such estimated costs shall include the cost of construction or reconstruction,the cost of all labor and materials, the cost of all lands, property, rights, easements and franchises acquired, financing charges, construction costs of plans and specifications, surveys, costs of professional services, and all other expenses necessary or incident to determining the feasibility or practicability of such construction or reconstruction. 3. Procedure for Review of Credit Applications. a. Within ten (10) days of receipt of the proposed application for credit agreement, the Emergency Service Impact Fee Committee shall determine if the application is complete. If it is determined that the proposed agreement is not complete, the Emergency Service Impact Fee Committee shall send a written statement to the applicant outlining the deficiencies. The Emergency Service Impact Fee Committee shall take no further action on the proposed application for credit agreement until all deficiencies have been corrected or otherwise settled. b. Once the Emergency Service Impact Fee Committee determines the proposed application for credit agreement is complete, it shall be reviewed within thirty (30)days. The application for credit agreement shall be approved if it complies with the standards in this subsection 4-720.H. c. If the application for credit agreement is approved by the Emergency Service Impact Fee Committee, a credit agreement shall be prepared and signed by the applicant and Eagle County or the applicable Emergency Service Provider where the land for which the credit is sought is located. (1) Agreements for pre-impact fee credits shall state the dollar credit that is applicable to the Development and the manner in which the credit will be applied to new building permits within the Development. (2) Agreements for post-impact fee credits shall specifically outline the contribution,payment, construction or land dedication,the time by which it shall be completed, dedicated, or paid, and any extensions thereof, and the dollar credit that will be available and the manner in which the credit will be applied to new building permits within the Development. 4. Appeal of Credit Decision. A fee payer affected by the decision of the Emergency Service Impact Fee Committee regarding credits may appeal such decision to the Emergency Service Impact Fee Board consisting of the Board of County Commissioners. The appeal shall be initiated by filing with the Emergency Service Impact Fee Committee,within ten (10)days of the date of the written decision, a written notice stating and specifying briefly the grounds of the appeal. The Emergency Service Impact Fee Committee shall place such appeal on the Emergency Service Impact Fee Board's agenda for the next regularly scheduled meeting of the Board of County Commissioners. LAND USE REGULATIONS 4-134 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS The Emergency Service Impact Fee Board, after a hearing, shall affirm or reverse the decision of the Emergency Service Impact Fee Committee based on the standards of this Section 4-720.H. If the Emergency Service Impact Fee Board reverses the decision,it shall direct the Emergency Service Impact Fee Committee to readjust the credit in accordance with its findings. The decision of the Emergency Service Impact Fee Board shall be final. Unpaid Emergency Service Impact Fees.The Board of County Commissioners reserves the right to withhold or revoke any permits,certificates,or other approvals for any land or building for which the payment of Emergency Service Impact Fees is delinquent. J. Adjustment and Review of Emergency Service Impact Fees.The amount of the Emergency Service Impact Fee shall be reviewed and adjusted as follows: 1. The Emergency Service Impact Fee shall be adjusted annually for inflation, effective January 15 of each year. The adjustment shall be based upon the percentage change in the United States Bureau of Labor Statistics Consumer Price Index for Denver-Boulder,all items, all urban consumers, or its successor index, or an equivalent index applicable to Eagle County. The applicable Emergency Service Provider shall annually notify in writing the Impact Fee Administrator of the amount of the annual adjustment for inflation. 2. The Board of County Commissioners may, annually, in conjunction with the presentation of the County's proposed budget, consider any further adjustments to the Emergency Service Impact Fee, following consultation with the applicable Emergency Service Provider. 3. No less frequently than every five (5) years, the applicable Emergency Service Provider shall provide to the Board of County Commissioners an updated Emergency Service Fiscal Impact Fee Study,and proposal to update the Emergency Service Impact Fee amount. K. Application. The requirements of this Section shall apply only within the jurisdiction and boundaries of an Emergency Service Provider for which a resolution setting an Emergency Service Impact Fee has been adopted pursuant to Subsection D, above. Pursuant to Section 24-68- 102.5, C.R.S., the provisions of this Section shall apply to all land use applications currently pending at the time this Section becomes effective. LAND USE REGULATIONS 4-135 EAGLE COUNTY,COLORADO Article 4 . Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX DIVISION 4-8. SUSTAINABLE COMMUNITY INDEX (org. 9/17/08) SECTION 4-800. PURPOSE The Sustainable Community Index (SCI) is a development review tool to comprehensively analyze how new developments contribute toward sustainable community development. The intent of the SCI is to give staff,developers,and decision makers an indicator as to the level of sustainability a project includes within it, as well as its contribution to the broader community. Sustainable Community shall be defined as: a community which fosters economic opportunity and social capital while protecting and restoring the natural environment upon which people and economies depend. SECTION 4-801. APPLICABILITY The SCI shall apply to all proposed PUDs,PUD amendments,Final Plats,Major Special Use Permits, and Zone Changes as a required finding to be met for approval. SECTION 4-820.POINT REQUIREMENTS The SCI shall utilize the following point thresholds to be incorporated into the SCI finding: 140+ EXCEEDS MINIMUM STANDARDS 70-139 MEETS MINIMUM STANDARDS 0-69 DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE The point scale above assumes a maximum point score of 210, with 70 (meets minimum standards) and 140 (exceeds minimum standards) representing 33% and 66% thresholds of this maximum number, respectively. For proposals where certain line items from the SCI which are not applicable to the project, the total maximum points and point thresholds shall be adjusted and pro-rated accordingly. A non- applicable point or line item is one which is impossible to include in the project because of its location or existing condition. A point or line item cannot become non-applicable due to a proposed design or recent actions taken by the applicant. For example, a project with 30 non-applicable points would have a maximum of 180 points and the following SCI finding thresholds would apply accordingly: 120+ EXCEEDS MINIMUM STANDARDS 60-119 MEETS MINIMUM STANDARDS 0-59 DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE LAND USE REGULATIONS 4-136 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A7'BD6BA-487B-49BB-8028-F9B3586B8ECF DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX SECTION 4-830. POINT DETAILS SECTION 4-830.1.SITE/LOCATION: 1.1 LOCATION INFILL/REDEVELOPMENT: The project is either infill or adjacent to an existing town or community center (defined as an area with multiple private businesses and services within walking distance of each other). a. Infill site: The site is surrounded on all sides by development. 4 points b. Adjacent site: The site is adjacent to existing development as part of a town or community center on at least one side of the project. 2 points c. Previously developed(deconstruction required): 1 point 1.2 TRANSIT: Over 50%of the development is within walking distance(1/4 mile)to public transit. 5 points 1.3 PROXIMITY TO EXISTING WATER/WASTEWATER: . a. The project water distribution and sewer collection infrastructure connects to existing infrastructure on site or immediately adjacent to the property and is served by water and wastewater treatment facilities operated by the regional water and wastewater treatment provider. 4 points. b. OR, the developer is working with an existing regional water and wastewater service provider to obtain efficient infrastructure tie-in and service.2 points. 1.4 WILDLIFE/ECOLOGICAL COMMUNITIES: Upon biological study of the area, a wildlife plan shall be completed to the satisfaction of the CPW for any critical wildlife habitats as defined by the CPW. Identify and protect any wildlife movement route/corridors on or near the property. 5 points. 1.5 RIPARIAN/WETLAND PRESERVATION: For any site with wetland/stream/water body(s),any development is setback at least 100 feet from the edge of the delineated riparian/wetland vegetation, and avoids any floodplain. 1 point. For any project within 200 feet of a wetland, stream, or water body, a water quality management plan is submitted, including erosion and impact control measures and water quality testing before, during, and after construction to demonstrate no impact to water quality. 2 additional points. 1.6 AGRICULTURAL LAND PRESERVATION: The project is either on previously developed land or is not located on land historically used for LAND USE REGULATIONS 4-137 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX agriculture or suitable for agricultural use as defined by the Natural Resources Conservation Service. 2 points 1.7 EXISTING VEGETATION PRESERVATION: The project avoids disturbance of existing trees and mature shrub species (2 points), or disturbs no more than 10% of existing trees/shrubs on the site (1 point). Such vegetation is fenced off outside of limits of disturbance during construction. If no such vegetation exists on site,item inapplicable. 1.8 BROWNFIELD/BLIGHT REDEVELOPMENT: a. The project redevelops an area that is currently dilapidated or blighted. `Blight' is defined as: an unsightly condition including the accumulation of debris, litter, rubbish, or rubble; fences or structures characterized by holes,breaks,rot, crumbling,cracking peeling, rusting or damage; and any other similar conditions of disrepair and deterioration regardless of the condition of other properties in the neighborhood. 2 points OR b. The project cleans up a brownfield lot. In this case `brownfield' is a property with actual demonstrated past commercial or industrial contamination. A contamination cleanup plan would need to be documented and administered. 3 points 1.9 STEEP SLOPES/RIDGELINES: The project avoids ridgelines and slopes steeper than 20%. 3 points 1.10 STORMWATER MANAGEMENT: a. At least 30%of the runoff is reduced/detained during a 1-inch rain event. 1 point b. 100%of surface runoff travels through bioswales,engineered wetlands,landscaped detention areas, and/or other vegetated drainage features that remove particulates and pollutants from surface runoff, provide onsite rainwater irrigation, and promote natural groundwater recharge. No vegetated drainage feature that drains to a live stream shall be less than 100'. 2 points SECTION 4-830.2. CONNECTIONS/USES: 2.1 OPEN COMMUNITY: The project is not gated; roads/paths/amenities are open to the public for use and connected to the community outside the development project. 2 points 2.2 PUBLIC ACCESS: The project provides public access to existing or appropriate trailheads or access points to public lands or • rivers(new access points must include approval from appropriate jurisdictional authority). 4 points. LAND USE REGULATIONS 4-138 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX 2.3 COMPACT DEVELOPMENT: Residential has a minimum average gross density of 7 units per acre. Non-residential has a minimum floor area ratio (FAR) of 0.50 for mixed use, 0.70 for non-residential only. 5 points 2.4 REDUCED FOOTPRINT: The project is located entirely upon previously developed areas of the property. 1 pt. And/or: Total footprint does not exceed 50%of the property: I point. 2.5 CLUSTERING The project utilizes efficient infrastructure and reduced site impacts by concentrating development in compact clusters or nodes of development and creates or maintains open space on the property. (2 points) 2.6 OPEN SPACE: The project creates or maintains open space through conservation easement that meets the intent of the Eagle County Open Space Criteria (available on the Eagle County website www.eaglecounty.us). The abbreviated criteria and associated points are as follows: a. Scenic Landscapes and Vistas 3 points Preserve the protect Eagle County's outstanding natural beauty and visual quality. b. Regional Heritage,Agriculture and Ranching 3 points Retain Eagle County's history,culture,and agricultural land uses. c. Wildlife,Wildlife Habitat and Migration Routes 3 points Set aside areas critical to the long-term health and vitality of indigenous wildlife. d. Sensitive Lands and Environments 3 points Protect and enhance riparian areas, flood plains, and other sensitive, unique, or endangered ecosystems or environments. e. Physical and Visual Buffers 3 points Promote community separation and distinction,and provide separation between developed areas and sensitive lands. f. Access to Streams,Rivers,Public Lands, and Recreation Opportunities Provide access to public and/or private lands, and improve opportunities for high quality dispersed recreation. 3 points Open Space Potential points: 3 to 18 points 2.7 REDUCED PARKING FOOTPRINT: LAND USE REGULATIONS 4-139 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX a. No more than 20% of the total development footprint is represented in surface parking. 2 points 10%or less: 3 points b. For nonresidential projects, 10% of parking spaces are reserved for carpool vehicles of 2 or more passengers. 1 point c. Covered bicycle storage for minimum 15%of occupants. 1 point d. Covered bicycle storage for minimum 25%occupants. 2 points 2.8 PARKING LOCATION: For all non-residential and/or multi-family buildings, all surface parking must be at the side or rear of the structure,leaving building frontages and streetscapes free of parking lots. Side parking must be adequately screened. For single family/duplex units, garages cannot protrude from the front facade; side/rear parking, access via alley, etc.to promote pedestrian access. a. Parking only to rear of structure(s), or no surface parking lots: 4 points b. Parking to side of structure(not obstructing entrance): 2 points 2.9 REDUCED PARKING: a. Onsite parking does not exceed LUR requirements by more than 5%. 1 point b. A transportation demand management plan demonstrates at least a 15%reduction in parking need than required,and no offsite parking impacts are created: 2 points. c. A 25%reduction in on-site parking: 3 points. (Onsite parking does not exceed the plan's recommendations for parking.) 2.10 JOBS/HOUSING: a. For a commercial project, at least 25% of the floor area is residential. Jobs that would provide incomes able to support 50% of potential residents either exist onsite or within a half mile of the project. 4 points b. For a residential project, at least 25% of the floor area is for commercial uses. The commercial component would create jobs with incomes able to support 50%of potential residents. 4 points 2.11 SCHOOL PROXIMITY: A public school is located within a mile of the project. Children are able to walk or ride from the development to the school safely on designated routes or paths. Distance is measured as traveled on such routes. 3 points. 2.12 DIVERSITY OF USES: LAND USE REGULATIONS 4-140 EAGLE COUNTY,COLORADO Article 4 r Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX The project includes the following non-residential uses(one point for each type): Bank Pharmacy Child care facility(licensed) Church Community/civic center Police/fire station Convenience store Post office Hair care Restaurant Hardware store School Health club or recreation facility Senior care facility Laundry/dry cleaner Supermarket Library Theater Medical/dental office Bar Office,general(not in-home) Liquor Store 2.13 DIVERSITY OF HOUSING TYPES: To enable citizens from a wide range of economic levels and age groups to live within a community, a diversity of housing types is necessary. One point for each housing type above 2 as defined in the following list: Detached residential large(> 1800 ft2,not to exceed 3000 ft2) Detached residential small (< 1800 ft2) Duplex or townhouse large(> 1200 ft2,not to exceed 2000 ft2) Duplex or townhouse small (< 1200 ft2) Multifamily large(> 1000 ft2,not to exceed 2000 ft2) Multifamily small (< 1000 ft2) Live/work large(> 1200 ft2) Live/work small(< 1200 ft2) Accessory Dwelling Unit large(>850 ft2,not to exceed 1000 ft2) Accessory Dwelling Unit small(<850 square feet) 2.14 AFFORDABLE HOUSING: One points for each affordable housing unit provided above what is called for in the housing guidelines. 2.15 AFFORDABLE RENTAL HOUSING: Onsite rental housing is provided. a. Minimum 15%onsite rental housing is attainable for households up to 50%AMI 2 points. b. Beyond item above, 15% additional onsite rental housing is available for households up to 80% AMI. 2 additional points. SECTION 4-830.3. TRANSPORTATION: LAND USE REGULATIONS 4-141 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF 3.1 WALKABLE STREETS: DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX • • LAND USE REGULATIONS 4-142 EAGLE COUNTY,COLORADO Article 4 I♦ Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX a. Each building has a principle front entry that faces a functional public pedestrian space. A functional public pedestrian space is one that has gathering areas nearby and is connected to pedestrian walkways. 2 points b. Sidewalks, footpaths, or woonerfs are available on all streets within and bordering the project. 2 points A`woonerf is defined as a multi-modal plaza or street where pedestrians and bicycles have legal priority over motorists. Cars have access through woonerfs,but their designed speed is 5 mph. c. The public realm is entirely ADA accessible. REQUIRED d. 10'wide sidewalks in front of non-residential buildings. 1 point e. All streets facing non-residential mixed-uses have road designs for 25 mph or slower. 2 points f. All streets in residential-only blocks have road designs for 20 mph or slower. 2 additional points g. At least 50% of the building frontages have less than 18-foot setback and are contiguous to the sidewalk/public realm. 2 points h. Functional entryways for non-residential/mixed-use buildings occur at least every 75 feet on average. 2 points i. All ground-level non-residential interior space has at least 30% transparent glass on the ground-level facade. 2 points j. No blank walls longer than 50 feet occur along sidewalks. Windows, doors, artwork or murals act as breaks to blank walls. 2 points k. On-street parking is provided for at least 70%of streets. 2 points 1. Street trees occur between the street and sidewalk at least every 40 feet. 2 points m. For non-residential projects,at least 50%of ground level space is retail or service(banks/real estate not included). 2 points n. Trees, awnings, or other structures provide shade to at least 50% of sidewalks (tree shading at maturity). 2 points o. Pet pickup stations are provided in appropriate locations throughout the development. 1 point 3.2 STREET NETWORK: The project has a traditional small-block grid pattern. 2 points If not a grid pattern, At least 50% of cul-de-sacs have a bicycle/pedestrian path through-connection. If LAND USE REGULATIONS 4-143 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX topographic or other limitations prevent connection,those are not included in calculation. 1 point 3.3 TRANSIT FACILITIES: Provide transit stops designed pursuant to Eco-Transit or RFTA design specifications for covered,partially enclosed,lighted facilities with bicycle racks,maps and route signage information.2 points Covered bicycle storage: 1 additional point. 3.4 WALKABLE VICINITY ACCESS: Outside services and stores are within walkable distance to the project location. Use www.walkscore to establish the vicinity walkability of the project. A score of: 10-25 gets 1 point 26-50 gets 2 points 51-75 gets 3 points 76-100 gets 4 points 3.5 BICYCLE NETWORK: The project provides accessibility and connection to bicycle paths and routes connecting it to a town of community center,Eco-Trails Core Valley Trail,or Mid-Valley Trail. 3 points 3.6 ACCESS TO PUBLIC SPACES: 90% dwelling units and/or non-residential spaces are within a 1/4 mile of a public green space that is at least '/4 acre in size(cannot be a narrow strip of greenspace). 2 points 3.7 ACCESS TO ACTIVE SPACE: The project allows access to public outdoor recreation areas. a. 90% of dwelling units are within %z mile of a public active space of at least 1 acre (soccer felds, ball fields,basketball court,park with active recreational facilities, etc.) 2 points b. 50% of dwelling units are located within %2 mile of a recreation path or network or that is least 3 miles in length. 1 point c. 50% of dwelling units are located within 3/4 mile of a dog park area (pickup stations required) I point. 3.8 LOCAL FOOD PRODUCTION: a. The project allows for private gardens in sideyards,backyards, and/or balconies. 1 point b. Neighborhood gardens exist as dedicated areas of 100 square feet per dwelling unit that include fencing, irrigation,and raised beds. 2 points LAND USE REGULATIONS 4-144 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX c. The project is within 3 miles of a farmer's market that has been in place at least 2 years and includes no less than 3 local agricultural producers. 1 point SECTION 4-830.4. RESOURCE EFFICIENCY 4.1 LIMITED TURF/EFFICIENT TURF SPECIES: a. Less than 25%of landscaped areas are irrigated turf grass. 1 point b. Irrigated turf grass areas use a species that requires on average 25% or less irrigation than Kentucky blue grass. 1 point 4.2 DIVERSE NATIVE LANDSCAPING: The project uses over 10 or more species of native low-water plant species as a part of its landscape plan. 2 points 4.3 XERISCAPE: The landscape plan demonstrates utilization of the seven principles of xeriscape design: 2 points a. Thoughtful landscape plan for dry/wet zones and plant maturity b. Select low-water-use plants as identified by CSU or recognized source c. Minimize or eliminate turf areas d. Use efficient irrigation(drip systems, EV schedules, etc.) e. Improve the soil f. Use mulches g. Demonstrate appropriate maintenance plan 4.4 SOLAR ORIENTATION: 75% of all buildings in the project have solar orientation. The south-facing façade of the buildings must be at least 1.5 times the east-west façades. 3 points. At least 50%of the south-facing facade area is capable of mounting a solar collection device which would generate at least 90%of an ideal aspect as calculated on www.pvwatt.com.Additional 2 points 4.5 RENEWABLE ENERGY: Provide on-site renewable energy system(s). 3 points for each 5% of total energy consumption offset by system(s). LAND USE REGULATIONS 4-145 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX 4.6 INFRASTRUCTURE RECYCLED CONTENT: Concrete and/or asphalt is at least 75%recycled content. 1 point Any mulch is recycled wood waste chip, and/or recycled tire mulch(for play areas). 1 point 4.7 RECYCLING: The project is designed with recycling containers for co-mingled, newspaper, and cardboard for non- residential,mixed-use,and multi-family projects(REQUIRED). 4.8 LIGHT POLLUTION: The project utilizes dark sky fully shielded down-facing lighting for infrastructure. Lighting doesn't create glare or be unnecessarily overpowered. Buildings shall only have exterior illumination necessary for safety requirements and minimal signage illumination for commercial uses(REQUIRED). 4.9 INNOVATION IN DESIGN: Demonstrate other components of the design that meet the intent of the Sustainable Design Index which is to promote resource efficiency, renewable power, reduced impacts, and social capital/equity. Points reviewed on a case by case basis. • • LAND USE REGULATIONS 4-146 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 7 ENFORCEMENT - EAGLE COUNTY Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 7 ENFORCEMENT TABLE OF CONTENTS ARTICLE 7 ENFORCEMENT TABLE OF CONTENTS PAGE SECTION 7-100. General 7-1 SECTION 7-110. Revocation or Suspension of Special Use Permit,Variance Permit,PUD or Subdivision 7-2 SECTION 7-120. Abatement of Violations 7-3 SECTION 7-130. Notification to Correct Violation 7-6 SECTION 7-140. Other Remedies 7-7 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF • ARTICLE 7 ENFORCEMENT SECTION 7-100. GENERAL A. Authority. The provisions of these Land Use Regulations shall be enforced by the Board of County Commissioners and the County Attorney through their authority to abate any violations, and enjoin, restrain, and prosecute any person violating these Land Use Regulations pursuant to Colorado law. B. Unlawful to Violate These Land Use Regulations. 1. Development or Use of Building, Structure or Land. It shall be unlawful to develop, alter or use any building, structure, or land in unincorporated Eagle County in violation of these Land Use Regulations. Any person violating these Land Use Regulations commits a civil infractio viction thcrcof, shall be punished by a fins of not morc than one hundred {$100) dollars, or Each day during which such illegal action continues shall be deemed a separate offense. (am. 05/01/07) (am. 12/01/24) 2. Subdivision. a. General. Any subdivider or agent of a subdivider who transfers or sells land before a Final Plat for that land has been approved pursuant to the requirements of these Land Use Regulations and recorded or filed in the Office of the Clerk and Recorder shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than five hundred (500) dollars for each parcel or interest in subdivided land which is sold or offered for sale. All fines collected shall be credited to the General Fund of the County. b. Injunction. The Board of County Commissioners has the power to bring an action to enjoin any subdivider from selling subdivided land before a Final Plat for Subdivision for such subdivided land has been approved by the Board of County Commissioners. c. Guarantee of Public Improvements. The Board of County Commissioners or any purchaser of any lot, tract, or tract of land subject to Subdivision which is the security portion of a Subdivision Improvements Agreement shall have the authority to bring an action in any District Court to compel the enforcement of any Subdivision Improvements Agreement on the sale, conveyance, or transfer of title of any lot, tract, or tract of land or any other provision of the Subdivision Improvements Agreement. Such authority shall include the right to compel rescission of any sale, conveyance, or transfer of title of any lot, tract, or tract of land contrary to the provisions of any such restriction set forth on the plat or in any separate recorded instrument,but any such action shall be commenced prior to the issuance of the Building Permit. (am. 05/01/07) Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF d. Suspension. The Board of County Commissioners may suspend or withdraw any approval of a Preliminary Plan or Final Plat for Subdivision, or may require corrective measures to be taken following a determination that the information provided by the subdivider upon which the approval is based is false or inaccurate. A written notice from the Board of County Commissioners or its designated representative shall be served upon the subdivider, setting out a clear and concise statement of the alleged facts and directing the subdivider to appear at a specified regular meeting of the Board of County Commissioners not less than ten (10) calendar days nor more than thirty (30) calendar days after the date of service of notice. The Board of County Commissioners shall determine at that meeting the nature and extent of alleged false or inaccurate information, shall consider any new significant information that has been brought to their attention, and shall, for good cause shown, suspend or withdraw any approval or require certain corrective measures to be taken. This Section shall not apply to any Final Plat for Subdivision where lots have been sold. SECTION 7-110. REVOCATION OR SUSPENSION OF SPECIAL USE PERMIT, VARIANCE PERMIT,PUD OR SUBDIVISION Revocation or suspension of a Special Use Permit, Variance Permit, Preliminary Plan for PUD, or Subdivision (Preliminary Plan or Final Plat for Subdivision) issued pursuant to these Land Use Regulations shall be made under the procedures and standards of this Section, upon a finding that the Special Use Permit, Variance Permit, Preliminary Plan for PUD, or Subdivision (Preliminary Plan or Final Plat for Subdivision) was issued on the basis of erroneous or misleading information or representation, the development violates the terms or conditions of any permit issued pursuant to these Land Use Regulations, the terms or conditions of the Special Use Permit, Variance Permit, PUD, or Subdivision,or these Land Use Regulations. A. Procedure. 1. Initiation by County. If the County determines there are reasonable grounds for the revocation or suspension of a Special Use Permit, Variance Permit, Preliminary Plan for PUD, or Subdivision(Preliminary Plan or Final Plat for Subdivision)under the standards of Section 7-110.B., Standards, the Code Enforcement Officer shall set a hearing before the Board of County Commissioners. 2. Notification. The Code Enforcement Officer shall give the permittee notification by mail a minimum of twenty (20) calendar days prior to the hearing. The notification shall also state the grounds for the revocation or suspension of the Special Use Permit, Variance Permit, Preliminary Plan for PUD, or Subdivision (Preliminary Plan or Final Plat for Subdivision). LAND USE REGULATIONS 7-2 EAGLE COUNTY,COLORADO Appendix 7 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF 3. Revocation or Suspension Hearing.The Board of County Commissioners shall conduct a hearing on the proposed revocation or suspension. 4. Decision of Board of County Commissioners. Within thirty (30) calendar days after the close of the hearing, the Board of County Commissioners shall render a decision on the revocation or suspension of the Special Use Permit, Variance Permit, Preliminary Plan for PUD, or Subdivision (Preliminary Plan or Final Plat for Subdivision) based on Section 7-110.B., Standards. 5. Record. Hearings shall be recorded pursuant to Section 5-210.F.5.f.,Record. B. Standards. A Special Use Permit, Variance Permit, Preliminary Plan for PUD, or Subdivision (Preliminary Plan or Final Plat for Subdivision) shall be revoked or suspended if any one (1) of the following findings is made by the Board of County Commissioners. 1. Based on misleading information or misrepresentation. The permit was issued on the basis of erroneous or misleading information or misrepresentation; or 2. Violation of conditions of permit. The development violates the terms or conditions of the Special Use Permit, Variance Permit, Preliminary Plan for PUD), or Subdivision (Preliminary Plan or Final Plat for Subdivision) issued pursuant to these Land Use Regulations. C. Notification. Notification of the Board of County Commissioners' decision shall be provided by the Code Enforcement Officer to the permittee by mail within thirty (30) calendar days of the decision. D. CumuIative remedy. The Board of County Commissioners'right to revoke or suspend a Special Use Permit, Variance Permit, Preliminary Plan for PUD, or Subdivision (Preliminary Plan or Final Plat for Subdivision) as provided in this Section, shall be cumulative to any other remedy provided by law. SECTION 7-120. ABATEMENT OF VIOLATIONS A. General. Violations of these Land Use Regulations may be abated under the procedures and standards of this Section, at the election of the County Attorney; however, this procedure shall not be the sole remedy available, and the County may enforce these Land Use Regulations in any manner provided by law. B. Procedure. 1. Notification of Violation. If after appraisal by the Code Enforcement Officer, the County determines that any land use within unincorporated Eagle County is in violation of the provisions of these Land Use Regulations, the County may mail a Notice to Abate to the landowner, stating the provisions of these Land Use Regulations being violated, and setting forth a reasonable period of time for the landowner to abate and correct the violation. Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF 2. Hearing to Correct Violation. In the event the landowner fails to comply with the Notice to Abate, a Hearing Officer shall conduct a Hearing to Abate to ascertain whether abatement should be required under the procedures and standards of this Section. a. Notice of Hearing. The County shall provide notice of the Hearing to Abate to the landowner and complainant by certified mail, return receipt requested, a minimum of fourteen (14) calendar days prior to the date established for the hearing. Notice shall be substantially in the format set forth below NOTI"CE OF HEARING ON ABATEMENT OF VIOLATION OF LAND This is a notice of hearing before a Hearing Officer of Eagle County, Colorado, to ascertain whether certain land or structures situated in unincorporated Eagle County, Colorado,known and designated as(street address) ,in said County, and more particularly described as (legal description) with Tax Parcel No constitutes a violation of the County's Land Development Regulations and is subject to abatement pursuant to Section 7-120 thereof,and Section 30-28-124,Colorado Statutes. If the violation is not promptly abated by the landowner, such violation may be abated by County authorities, in which case the cost of any eviction or relocation of an illegal use, rehabilitation, repair, or demolition of an illegal structure will be assessed upon such land, and such costs, together with interest thereon, will constitute a lien upon such land until paid. In addition, the landowner may be cited for violation of the provisions of these Land Development Regulations and subject to a fine. Said alleged violation is of Section _ of these Land Development Regulations, and consists of the following: The method(s)of abatement are: All persons having an interest in said matters may attend the hearing and their testimony and evidence will be heard and given due consideration. Dated this _day of_ ,20_. Time and Date of Hearing: Location of Hearing: Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF b. Recommended by Hearing Officer. (1) General. At the time stated in the Notice of the Hearing to Abate, the Hearing Officer shall conduct a hearing pursuant to the requirements of this Section, and shall hear and consider all relevant evidence, objections or protests, and shall hear testimony under oath of the alleged violator and all other persons having an interest in the hearing. (2) Continuance. The Hearing Officer may continue the hearing from time to time for good cause. (3) Recommended Order. If, after the conclusion of the hearing, the Hearing Officer finds that a violation of these Land Use Regulations does exist and there is sufficient cause to evict or relocate an illegal use or rehabilitate, demolish, remove or repair an illegal structure, the Hearing Officer shall prepare a recommended Order to Abate outlining findings and specifying the nature of the violation, the method of abatement and the time within which the work shall be commenced and completed. The recommended Order to Abate shall then be forwarded to the Board of County Commissioners for final action at a hearing. (4) Notification of Recommended Order. The Hearing Officer shall provide the landowner a copy of the recommended Order to Abate by mail, on the day the recommended Order is forwarded to the Board of County Commissioners for a final decision. b. Decision by Board of County Commissioners. (1) Scheduling Hearing. The Board of County Commissioners shall schedule a hearing on the recommended Order to Abate within thirty (30)calendar days from the date the recommended Order is forwarded to the Board of County Commissioners by the Hearing Officer. (2) Notice of Hearing. The County shall provide the landowner notice of the hearing by certified mail, return receipt requested, a minimum of fourteen(14)calendar days prior to the date of the hearing. (3) Continuances. Continuances of the hearing may be granted by the Board of County Commissioners on request of the landowner for good cause shown. (4) Decision by Board of County Commissioners. At the hearing, the Board of County Commissioners shall provide the landowner or the landowner's representative and the County Attorney an opportunity to make statements about the record established in the hearing held by the Hearing Officer and the recommended Order to Abate. The Board of I Docusign Envelope ID A71BD6BA-487B-49BB-8D28-F9B3586B8ECF County Commissioners shall then review the record and recommended Order to Abate. The recommended Order to Abate, or a modified version thereof, shall be approved if there is competent substantial evidence in the record that a violation of these Land Use Regulations does exist and there is sufficient cause to evict or relocate an illegal use or rehabilitate,demolish,remove or repair an illegal structure. (5) Notice of Decision. The County shall provide a copy of the decision of the Board of County Commissioners to the landowner by mail, return receipt requested. 3. Record. Hearings shall be recorded pursuant to Section 5-120.f.5.f.,Record. C. Effect of Order to Abate. If an Order to Abate is issued it shall mean that the land or structure is in violation of these Land Use Regulations, and the illegal activity shall be discontinued and rehabilitated, repaired, removed, or demolished in the manner and means specifically set forth in the Order to Abate. D. Abatement by County. If the violation is not abated pursuant to the Order to Abate within the prescribed abatement period, the County Attorney shall cause the violation to be abated by County employees or by private contract, or by any other means provided by Colorado law. The County Attorney is authorized to enter upon land for such purposes. The costs, including incidental expenses of abating the violation, shall be the responsibility of the landowner. The term "incidental expenses" shall include, but shall not be limited to, personnel costs, both direct and indirect; costs incurred in documenting the violation; the actual expenses and costs of the County in the preparation of notices, specifications and contracts, and in inspecting the work; and the costs of printing and mailing required hereunder. If the landowner fails to pay,the costs shall become a lien against the land. E. Cumulative Remedy. The County's right to abate a violation of these Land Use Regulations, as provided in this Section, shall be cumulative to any other remedy provided by law. SECTION 7-130. NOTIFICATION TO CORRECT VIOLATION A. General. If the Code Enforcement Officer has personal knowledge of any violation of these Land Use Regulations, the Code Enforcement Officer shall give written notice to the alleged violator by certified mail, return receipt requested. The notification shall state the provisions of these Land Use Regulations being violated, and state that the violator shall correct the violation within ten(10) calendar days of receipt of the notification. (am. 05/01/07) B. Failure to Comply. If the violator fails to correct the violation within ten (10) calendars days, the Code Enforcement Officer may, through the County Attorney, request the Sheriff to issue a summons and complaint against the violator pursuant to Colorado law stating the nature of the violation with sufficient particularity to give notice of the charge to the violator. It shall be the responsibility of the County Attorney to enforce this provision. (am. 05/01/07) Docusign Envelope ID.A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 7: ENFORCEMENT 7-140.OTHER REMEDIES SECTION 7-140. OTHER REMEDIES. A. Civil Remedies. If any person, firm or corporation violates these Land Use Regulations, the Board of County Commissioners through the County Attorney may seek either or both of the following civil remedies. (am. 05/01/07) 1. Injunction. The Board of County Commissioners, through the County Attorney, in addition to other remedies provided by law, may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful use,construction,alteration or development. (orig. 05/01/07) Civil Penalty. Ir addition to the criminal penalties described bolo.=, aAny person,firm or corporation violating these Land Use Regulations may also be subject to imposition,by order of the County Court,of a civil penalty in an amount of not less than five hundred dollars($500)or more than one thousand dollars ($1000). Each day after the issuance of the order of the County Court during which such unlawful activity continues shall be deemed a separate violations and shall be the subject of a continuing penalty in an amount not to exceed one hundred dollars($100) for each such day. Until paid,any civil penalty ordered by the County Court shall,as of recording,be a lien against the property on which the violation has been found to exist. In case the assessment is not paid within thirty days, it may be certified by the County Attorney to the County Treasurer,who shall collect the assessment,together with a ten percent penalty for the cost of collection, in the same manner as other taxes are collected. Any lien placed against a property pursuant to this section shall be recorded with the Eagle County Clerk and Recorder. (orig. 05/01/07) (am. 12/01/24) C. Criminal Remedies. Any person violating any provisions of these Land Use Regulations shall be subject to all criminal penalties authorized by the State of Colorado for such violation, including upon conviction, a fine an imp ' n ent, o�h, and payment of all costs and expenses involved in prosecuting the offense. (am. 12/01/24) LAND USE REGULATIONS 7-9 EAGLE COUNTY,COLORADO Appendix 7 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF Exhibit B -Amended ECLUR 7 M Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF EXHIBIT B CHAPTER 1:GENERAL PROVISIONS INTRODUCTION CHAPTER 1 GENERAL PROVISIONS 1.01 INTRODUCTION These Regulations are divided into six major sections: Chapter I contains the purpose and authority of Eagle County to enact these Regulations, a brief discussion of the general provision of the various regulations, a section on enforcement and amendment procedures. Chapter II contains the Zoning and Subdivision Regulations. This Section addresses the permitted uses and densities allowable in the various zoning categories as well as the procedures required in order to subdivide real property. Chapter III formerly included the Building Resolution which now is a stand alone document adopted by separate resolution. (am. 01/01/25) Chapter IV formerly included regulations pertaining to Individual Sewage Disposal Systems (ISDS); now statutorily referred to as On-Site Wastewater Treatment Systems (OWTS). The Eagle County Public Health Agency On-Site Wastewater Treatment System (OWTS)regulations are promulgated by the Eagle County Board of Health as a stand-alone document. Chapter IV has been reserved for future use. (arnd. 07-29-2014) Chapter V formerly contained regulations addressing construction within County rights-of-way. Those regulations were removed from the Land Use Regulations in 2023, and incorporated into the Eagle County Engineering Manual, which exists as a standalone document. (am. 12/01/24) Chapter VI sets forth the activities and areas of State interest regulated by the County to include: 1) Site selection and construction of major new water and sanitation facilities. 2) Major extension of water and wastewater distribution lines. 3) Efficient utilization of municipal and industrial water projects. 4) Construction activities within floodplains. Taken as a whole, this document provides a comprehensive set of regulations to provide for orderly growth in Eagle County. Depending on the activity, one or more of the regulations may apply. Each Chapter will be available to purchase separately depending Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF CHAPTER 1:GENERAL PROVISIONS INTRODUCTION on the applicant's particular needs. Any questions which might arise concerning the application of these Regulations can be directed to the Department of Community Development. 1.02 PURPOSES This document provides a compendium of regulations which govern land use in the unincorporated areas of Eagle County. These Land Use Regulations are designed to promote the health, safety, convenience, order,prosperity, and welfare of the present and future inhabitants of Eagle County in accordance with the Eagle County Master Plan, including the lessening of congestion and reducing the waste of excessive amounts of roads; promoting energy conservation; securing safety from fire, floodwater and other dangers; providing adequate light and air; classification of land uses and distribution of land development and utilization; protecting the tax base of the County; securing economy in governmental expenditures; fostering the County's agricultural, forestry, resort,business,mining, and other economic bases; protecting both urban and non-urban development; conserving the value of property and encouraging the most appropriate use of land. These Land Use Regulations are further intended to protect the public health, safety, and welfare by regulating activities and development in hazardous areas; protecting lands from activities which would cause immediate or foreseeable material danger to significant wildlife habitat and would endanger a wildlife species; preserving and regulating areas of historical and archaeological importance with respect to the establishment of roads on public lands administered by the federal government. This authority includes authority to prohibit, set conditions or require a permit for the establishment of any road authorized under the general right-of-way granted to the public by 43 U.S.C. 932 (R.S. 2477); regulating the location of activities and development which may result in significant changes in population density; providing for phased development of services and facilities; regulating the use of land on the basis of the impact thereof on the community or surrounding areas; and otherwise planning for and regulating the use of land so as to provide planned and orderly use of land and protection of the environment in a manner consistent with constitutional rights. 1.03 AUTHORITY Eagle County is authorized by law to regulate zoning, planning, subdivision of land, and building by virtue of Section 30-28-101 et seq., C.R.S., and Section 30-28-201 et seq., C.R.S., respectively, as amended; to regulate certain activities on and uses of land by Section 29-20-101 et seq., C.R.S., as amended; to designate and administer Areas and Activities of State Interest by Section 24-65.1-101 et seq. and Section 24-32-111, C.R.S.; to regulate planned unit developments by Section 24-67-104 et seq., C.R.S., as amended; to regulate On-Site Wastewater Treatment Systems (OWTS)by Section 25-10-101 et seq., C.R.S., as amended; and to regulate construction activities within public ways by Section 30-11-107, C.R.S., as amended. (amd. 07-29-2014) Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ,CHAPTER I:GENERAL PROVISIONS 1NTERPRETATIO Eagle County Board of County Commissioners have been given the authority through C.R.S. 30-15-401(1)(a)(V)(C) to adopt reasonable regulations for controlling pollution caused by wood smoke. (am. 11/25/91) 1.04 TEMPORARY REGULATIONS The Board of County Commissioners, if in its opinion conditions require such action, may promulgate, by resolution at a public meeting, regulations of a temporary nature to be effective for a limited period not to exceed 30 days. During this 30 day period, a 15 day public notice shall be given in a newspaper of local distribution, advertising a public hearing to discuss the matter at hand requiring the temporary regulation and may at such public hearing extend the duration of the effectiveness of said regulation for a period not to exceed 6 months. The nature of the temporary regulation may prohibit or regulate in any part or all of the unincorporated territory of Eagle County, the zoning or subdivision of land, or the erection, construction,reconstruction or alteration of any building or structure used or to be used for any business, residential, industrial or commercial purposes. 1.05 INTERPRETATION In the interpretation and application of these Land Use Regulations,.except Chapter II, the following criteria shall govern: 1) The burden of proof is upon the applicant to show full compliance with the purpose of these Land Use Regulations. 2) In their interpretation and application, the provisions of these Land Use Regulations shall be regarded as the minimum requirements for the protection of the public health, safety, comfort, convenience, prosperity and welfare. These Regulations shall therefore be regarded as remedial and shall be • liberally construed to further its underlying purposes. 3) , Whenever both a provision of these Land Use Regulations and any other provision of such Regulations, or any provision in any other law, ordinance, resolution, rule, or regulation of any kind, contain any restrictions covering any of the same subject matter, whichever restrictions are more restrictive or impose higher standards or requirements shall govern. All uses and all locations and bulk permitted under the terms of these Land Use Regulations shall be in conformity with all other provisions of law. 4) These Land Use Regulations are not intended to abrogate or annul any valid subdivision plats, easements, covenants,building permits, legally established lots, or uses established, approved and/or issued before the effective date of these Regulations. Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ,CHAPTER 1:GENERAL PROVISIONS ENFORCEMEN 1.06 CONSTRUCTION The following six statements are rules regarding the construction of language in these Land Use Regulations, except Chapter II: 1) The particular has precedence over the general statements. In the event of any conflict, inconsistency, or incongruity between the general provisions (Chapter I) of these Land Use Regulations and any provision contained in the remaining Chapters of these Land Use Regulations which set forth specific requirements for development(Chapters II-VI), the provisions within the applicable Chapter which sets forth specific requirements shall in all respects govern and control. 2) In case of any difference of meaning or implication between the text of these Land Use Regulations and captions for each section, the text shall control. 3) The word "shall" is always mandatory and not directory. The word "may" is permissive. 4) Words used in present tense include the future, unless the context clearly indicates the contrary. 5) Words used in the singular shall include the plural,unless the context clearly indicates the contrary. Words in one gender shall be deemed to include the other gender. 6) Any definition used in the applicable Colorado Statutes may be used in these Land Use Regulations and if the statutory definitions conflict, then the statutory definitions shall govern. 1.07 SEPARABILITY It is hereby declared to be the legislative intent that the several provisions of these Land Use Regulations shall be severable, in accordance with the provisions set forth below: 1) If any provision of these Land Use Regulations is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that: a) The effect of such decision shall be limited to that provision or provisions which are expressly stated in the decision to be invalid; and b) Such decision shall not affect, impair, or nullify these Regulations as a whole or any other part thereof,but the rest of these Regulations Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF CHAPTER 1:GENERAL PROVISIONS ENFORCEMEN shall continue in full force and effect. 2) If the application of any provision of these Land Use Regulations to any lot, building, other structure or tract of land is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that: a) The effect of such decision shall be limited to that lot, building, other structure or tract of land immediately involved in the controversy, action or proceeding in which the judgment or decree of invalidity was rendered; and b) Such decision shall not affect, impair or nullify these Regulations as a whole or the application of any provision thereof, to any other lot, building, other structure or tract of land. 1.08 REPEAL All prior Resolutions of the Eagle County Board of County Commissioners which are inconsistent with the provisions of these Land Use Regulations are hereby repealed to the extent of such inconsistency only. The repeal of any of the above-mentioned resolutions does not revive any other resolution or portion thereof repealed by said resolution, and such repeals shall not affect or prevent the prosecution or punishment of any person for the violation of any resolution repealed hereby for an offense committed prior to the repeal. 1.09 ADMINISTRATION OVER PLATTING 1) All plans of improvements for.public use and all plans,plats,plots, and replots of land laid out in subdivision or building lots and the roads, alleys, or other portions of the same, intended to be dedicated to a public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto, shall be submitted to the Planning Commission and the County Commissioners for review and subsequent approval, conditional approval, or disapproval. It shall not be lawful to record any such plan or plat in any public office unless the same shall bear thereon, by endorsement or otherwise, the approval of the County Commissioners. 2) No changes, erasures, modifications, or revisions shall be made on the Final Plat after the approval by the County Commissioners without replatting. 1.10 PERMITS No permits of any kind shall be issued by the County Building Department, nor any other administrative office of the County, for the construction of any building or other improvements upon any land to which these Land Use Regulations apply unless and until the requirements thereof have been met. In particular, no permits of any kind will be issued by the County unless or until a landowner or applicant has complied with the Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF CHAPTER 1:GENERAL PROVISIONS ENFORCEMEN provisions of the Land Use Regulations governing the subdivision, platting, partitioning, or other division of land. (am. 12/01/24) 1.11 JURISDICTION These Land Use Regulations shall apply to all lands within the unincorporated territory of Eagle County. 1.12 TITLE These Land Use Regulations shall be referred to as the "Eagle County Land Use Regulations" or "Land Use Regulations." 1.13 EFFECTIVE DATE,FILING WITH COUNTY CLERK AND RECORDER 1) These Land Use Regulations shall become effective upon adoption by the Board of County Commissioners. 2) Upon adoption of these Land Use Regulations and any amendments thereto, the Board of County Commissioners shall file a certified copy of the same in the office of the County Clerk and Recorder which shall be kept and there made available for public inspection during reasonable times. In addition, a certified copy of these Land Use Regulations and any amendments thereto adopted by the Board of County Commissioners shall be certified to the County Clerk and Recorder for recording in the same manner as any other document relating to real property. 1.14 ENFORCEMENT 1.14.01 Generally 1) The Board shall provide for the enforcement of the zoning or other County supplementary regulations by means of withholding building permits. It shall be unlawful to erect, construct, reconstruct, alter or change the use of any building or other structure within the unincorporated territory covered by County such zoning or other general regulations without obtaining a building permit from the County Building Official Inspector, (see Chapters II and-VI of these Land Use Regulations, the Eagle County Public Health Agency OTWS Regulations and the Eagle County Building Resolution for specific exemptions to the respective Regulations). The County Such Building Official Inspector shall not issue any building or other permits unless the plans for the proposed erection, construction, reconstruction, alteration, or use fully conform to all zoning and general regulations then in effect. (am. 12/01/24) 2) It shall be unlawful to erect, construct, reconstruct, alter, maintain or use any building or structure or to use any land in violation of any regulation in, or of any provisions of, any zoning or general regulations of these Land Use Regulations, or any amendments thereto (see Chapters II and VI of these Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF CHAPTER 1:GENERAL PROVISIONS ENFORCEMEN Land Use Regulations, the Eagle County OTWS regulations and the Eagle County Building Resolution for specific exemptions). (am. 12/01/24) a) Any person, firm, or corporation violating any such regulation,provision, or amendment to these Land Use Regulations commits a civil infraction (See also, Chapter II, Section 7). Each day during which such illegal erection, construction, reconstruction, alteration, maintenance, or use continues shall be deemed a separate offense. (am. 05/01/07) (am. 12/01/24) b) Any person, firm or corporation violating these Land Use Regulations may be subject to a civil penalty in an amount of not less than five hundred dollars ($500)nor more than one thousand dollars ($1,000), (See also, Chapter II, Section 7). Each day during which such violation continues shall be deemed a separate offense and shall be the subject of a continuing penalty in an amount not to exceed one hundred dollars ($100) for each such day. (orig. 05/01/07) (am. 12/01/24) c) In addition to other remedies provided by law, the County Attorney may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use. (orig. 05/01/07) 3) The Zoning Administrator, or authorized representative, is authorized to enter upon private property for the purpose of administering these Land Use Regulations. The owner of the property shall give the Zoning Administrator free access after Eagle County has given reasonable notice for such survey or inspection. If access is denied, the Zoning Administrator may apply to the District Court of Eagle County for an order authorizing entry. If a violation shall be found to exist, the Zoning Administrator, or authorized representative, shall give written notice to the violator to correct such violation within ten (10) calendar days after the date of such notice. Should the violator fail to correct the violation within such ten(10) day period, the Eagle County Zoning Administrator, or authorized representative, may request that the County Sheriff issue a summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of said charge to the violator. The summons and complaint shall require that the violator appear in County Court at a definite time and place stated therein to answer and defend the charge. One copy of said summons and complaint shall be served upon the violator by the County Sheriff in the manner provided by law for the service of a criminal summons. One copy each shall be retained by the Sheriff and the Eagle County Department of Community Development, and one copy shall be transmitted by the Sheriff to the Clerk of the County Court. (am. 05/01/07) Notwithstanding the foregoing, the issuance of a written notice as specified in the paragraph next above shall in no way or manner be deemed a prerequisite to the institution of any enforcement proceedings set forth herein; and Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ,CHAPTER 1:GENERAL PROVISIONS ENFORCEMEN provided further, that compliance with such written notice shall not necessarily be deemed to be a defense to any alleged violation of these Land Use Regulations in any court action instituted seeking full compliance therewith, but evidence of compliance with such order may be introduced as matter in mitigation and extenuation. 4) The County Attorney's office is hereby authorized to enforce the provisions of this Section on behalf of the Board of County Commissioners. 1.14.03 Reserved for future use. (amd. 07-29-2014) 1.14.04 Road Cut and Road Construction within Public Ways 1) It shall be unlawful for any person to make, construct, reconstruct, or alter any opening, excavation, tunnel, sidewalk, curb, gutter, street, or to perform any other work of any kind within the public way which will result in physical alteration thereof, unless such person shall first have obtained a road cut and/or road construction permit for the performance of such, and unless such work shall be performed in conformity with the terms and provisions of Chapter 3 of the Eagle County Engineering Criteria Manual. (am. 12/01/24) 2) It shall be unlawful for any person to violate the terms of Chapter 3 of the Eagle County Engineering Criteria Manual, or of any lawful orders or regulations issued incident thereto, including, but not limited to the County Engineering Regulations, Design Standards and Construction Standards. Any such violation shall render the violator appropriate civil proceedings and/or criminal proceedings under Section 43-5-301, C.R.A. 1973, as amended. (am. 12/01/24) 1.14.05 Cumulative Effect The foregoing remedies and enforcement provisions shall be cumulative and not exclusive and shall be in addition to any other remedies and enforcement provisions provided by law. 1.14.06 Non-Liability for Damages These Land Use Regulations shall not be construed to hold Eagle County in any manner responsible for any damages to persons or property resulting from any inspection as herein authorized or resulting from any failure to so inspect, or resulting from the issuance or denial of a building permit as herein provided, or resulting from the institution of court action as hereinabove set forth or the forbearance by Eagle County to so proceed. 1.14.07 Non-Liability of Officials Any County Official or employee, charged with the enforcement of these Land Use Regulations, acting in good faith and without malice on behalf of said County in the Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF CHAPTER I:GENERAL PROVISIONS ENFORCEMEN discharge of his official duties, shall not thereby render himself personally liable for any damages which may accrue to persons or property resulting from any such act or omission committed in the discharge of such duties. Any suit or proceeding instituted against such official or employee, stemming from any act or omission performed by him in the enforcement or attempted enforcement of any provision of these Regulations, shall be defended by the legal officer(s) of the County until final termination of the proceedings. 1.15 AMENDMENTS 1.15.03 Scope and Authority From time to time the Board of County Commissioners may amend any of the provisions of these Land Use Regulations, including but not limited to the number, shape, boundaries, area or requirements of any zone district or other areas and may create new districts and areas. (am. 12/01/24) 1.15.04 Private Applications Any private applicant seeking to propose an amendment under the procedures of this Section to the provisions of these Land Use Regulations shall submit a proposal to the Department of Community Development, which shall include the name and address of the applicant and the language proposed for addition, deletion, or amendment. (am. 12/01/24) 1.15.05 Commencement Amendments to the provisions of these Land Use Regulations may be proposed by a private applicant, the staff, the Planning Commission or the Board. 1.15.06 Referrals 1) Before the Department of Community Development issues a staff report to the Planning Commission on Land Use Regulation amendments, the proposed amendment shall be referred to any appropriate referral agencies for an advisory opinion. The Planning Commission shall then review the staff report and advisory opinions prior to rendering a recommendation to the Board of County Commissioners. (am 12/16/08) Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF CHAPTER 1:GENERAL PROVISIONS PROCEDUR 2) If the proposal would affect land lying wholly or partially within three (3) miles or within the area encompassed by the Comprehensive Plan of any incorporated municipality, such proposal shall be referred to the City Clerk of that municipality for recommendation by the city or town planning commission or city council or town board, or agents designed by them. Failure of the city to make recommendations within thirty(30)days constitutes a waiver of its right to do so. (am 12/16/08) 1.15.07 Public Hearing 1) The Planning Commission shall hold a public hearing prior to recommending the adoption of any amendments or changes to these Land Use Regulations. The time and place of such public hearing shall be advertised by the • Commission at least fifteen(15) days prior to the hearing in a newspaper of general circulation within the County. After considering the testimony at the public hearing and comments from governmental agencies and interested parties, the Planning Commission shall recommend approval, conditional approval or disapproval of the proposed changes or amendments to the County Commissioners. (am 12/16/08) (am. 01/01/25) 2) The Board,before finally adopting any amendments or changes to these Land Use Regulations, shall hold a public hearing thereon, notice of which shall be published once in a newspaper of general circulation in the County at the expense of the applicant at least thirty(30) and not more than sixty(60) days before the hearing. Such notice shall state the date, time and place of the hearing; the place where the proposal and relevant materials may be examined; and a telephone number where inquiries may be answered. (am. 01/01/25) 3) The proposal shall be available for public inspection in the Department of Community Development for thirty(30) days prior to the hearing before the Board of County Commissioners. 1.15.08 Board Action 1) In making its decision the Board shall consider the information disclosed at the public hearing, the Department of Community Development recommendation and any referral agency comments, any comments of incorporated areas to which the proposal was referred, and the advisory recommendation of the Planning Commissions. (am. 12/01/24) Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF CHAPTER 1:GENERAL PROVISIONS PROCEDUR 2) If the proposal recommended by the Planning Commission is substantially altered by the Board, then the Board shall resubmit the altered proposal to the Planning Commission for its approval, disapproval, or suggestions. The Planning Commission shall send its report to the Board within thirty(30) days. 3) The Planning Commission may recommend and the Board may adopt only those amendments which it finds to be in conformance with the policies and regulations of these Land Use Regulations, and the Eagle County Master Plan. 1.16 APPEALS 1.16.03 Appeals to the Board of County Commissioners Except as otherwise specifically provided in Chapter II, appeals to the Board of County Commissioners may be taken by any person aggrieved by his inability to obtain a building permit, or by the decision of any administrative officer or agency based upon or made in the course of the administration or endorsement of the provisions of these Land Use Regulations. Appeals to the Board of County Commissioners may also be taken by any officer, department,board, or bureau of the County affected by the granting or refusal of a building permit or by other decision of an administrative officer or agency based on or made in the course of the administration or enforcement of the provisions of these Land Use Regulations. Such appeal must be made within 30 days after the occurrence of such grievance or decision which is the subject of the appeal. 1.16.04 Procedure 1) Appeals hereunder shall be initiated by the filing of a written Notice of Appeal to the Clerk of the Board of County Commissioners. Said Notice of Appeal shall include the following information: Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF .CHAPTER I:GENERAL PROVISIONS PROCEDUR a) The nature of the decision or grievance by which the appeal is being taken; b) The date of such decision or grievance, and the name of the administrative officer or agency making the same; c) Any applicable rules or regulations pertaining to the decision or grievance being appealed from; d) The name and mailing address of the Appellant; e) Legal description of the property affected; f) Brief factual description setting forth the particulars and reasons for the appeal; and g) Any other information as may be required by the Board of County Commissioners. 2) Upon receipt of a Notice of Appeal, the Clerk of the Board of County Commissioners shall schedule the appeal for hearing before the Board of County Commissioners, which hearing shall not be later than thirty(30) days from the receipt thereof, unless otherwise agreed to by the County and the Appellant. Written notice of the date, time and place of the hearing shall be given not later than ten (10) days prior to the date of hearing to the Appellant and any other person who may be affected thereby. (am. 12/01/24) 3) Not later than ten(10) days prior to the scheduled hearing, any and all exhibits, testimony and evidence of whatsoever kind shall be transmitted to the Clerk of the Board of County Commissioners. 4) At the hearing, the Board of County Commissioners shall consider all the evidence transmitted to the Clerk of the Board of County Commissioners and any additional evidence which it deems appropriate. Strict rules of evidence shall not apply, but all additional oral evidence shall be reduced to writing in summary form. 5) Ruling: Within twenty(20) days from the date of the hearing, the Board of County Commissioners shall issue its written ruling affirming,modifying, or reversing the decision or action which is the subject of the appeal. Copies of the Ruling shall be mailed to the Appellant and any other interested parties. Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF Table of Contents Page Article 1 General Provisions Section 1-100 Title & Short Title 1-1 Section 1-110 Authority 1-1 Section 1-120 Purpose 1-1 Section 1-130 Rules of Construction 1-1 Section 1-140 Applicability 1-4 Section 1-150 Exemptions: Effect of These Land Use Regulations on Previously Approved Development 1-6 Section 1-160 Repealer 1-8 Section 1-170 Severability 1-8 Article 2 Definitions Section 2-100 Purpose 2-1 Section 2-110 Definitions 2-1 Article 3 Zone Districts Division 3-1 General Section 3-100 Establishment of Zone Districts 3-1 Section 3-110 Official Zone District Maps 3-1 Section 3-120 Interpretation of Zone District Boundaries 3-2 Division 3-2 Purposes of Zone Districts Section 3-200 General 3-3 Section 3-210 Residential, Agricultural & Resource Zone Districts 3-3 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF Section 3-220 Commercial & Industrial Zone Districts 3-5 Section 3-230 Planned Unit Development (PUD) Zone District 3-5 Section 3-240 Eagle-Vail PUD 3-6 Division 3-3 Use & Dimensional Standards Section 3-300 Residential, Agricultural & Resource Zone Districts Use Schedule 3-7 Section 3-310 Review Standards Applicable to Particular Residential, Agricultural & Resource Uses 3-12 Section 3-320 Commercial & Industrial Zone Districts Use Schedule 3-51 Section 3-330 Review Standards Applicable to Particular Commercial & Industrial Uses 3-56 Section 3-340 Zone District Dimensional Limitations 3-61 Section 3-350 Floodplain Overlay District 3-69 Article 4 Site Development Standards Division 4-1 Off-Street Parking & Loading Standards Section 4-100 Purpose 4-1 Section 4-110 Applicability 4-1 Section 4-120 Number of Required Parking & Loading Spaces 4-1 Section 4-130 General Standards for Parking & Loading Areas 4-3 Section 4-140 Design Standards for Parking & Loading Areas 4-4 Division 4-2 Landscaping & Illumination Standards Section 4-200 Purpose 4-10 Section 4-210 Applicability 4-11 Section 4-220 Landscape Plan 4-12 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF Section 4-230 Landscaping Design Principles, Standards & Materials 4-14 Section 4-240 Installation & Maintenance Requirements 4-22 Section 4-250 Illumination Standards 4-24 Division 4-3 Sign Regulations Section 4-300 Purpose 4-24 Section 4-310 Applicability 4-25 Section 4-320 Prohibited Signs 4-26 Section 4-330 Sign Standards Applicable in All Zone Districts 4-28 Section 4-340 Sign Standards Applicable to Specific Zone Districts 4-32 Section 4-350 Procedure to Obtain Sign Permit 4-35 Section 4-360 Nonconforming Signs 4-36 Section 4-370 Violations & Penalties 4-37 Division 4-4 Natural Resource Protection Standards Section 4-400 Purpose 4-38 Section 4-410 Wildlife Protection 4-38 Section 4-420 Development in Areas Subject to Geologic Hazards 4-41 Section 4-425 Hillside Development 4-45 Section 4-430 Development in Areas Subject to Wildlife Hazards 4-49 Section 4-440 Wood Burning Controls 4-54 Section 4-450 Ridgeline Protection 4-56 Section 4-460 Environmental Impact Report 4-61 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF Division 4-5 Commercial & Industrial Performance Standards Section 4-500 Purpose 4-65 Section 4-510 Applicability 4-65 Section 4-520 Noise & Vibration Standards 4-65 Section 4-530 Smoke & Particulate Standards 4-65 Section 4-540 Heat, Glare, Radiation & Electrical Interference 4-66 Section 4-550 Storage of Hazardous & Non-hazardous Materials 4-66 Section 4-560 Water Quality Standards 4-66 Division 4-6 Improvements Standards Section 4-600 Purpose 4-67 Section 4-610 Applicability 4-67 Section 4-620 Roadway Standards 4-67 Section 4-630 Sidewalk & Trail Standards 4-101 Section 4-640 Irrigation System Standards 4-102 Section 4-650 Drainage Standards 4-103 Section 4-660 Excavation & Grading Standards 4-106 Section 4-665 Erosion Control 4-106 Section 4-670 Utility & Lighting Standards 4-109 Section 4-680 Water Supply Standards 4-111 Section 4-690 Sanitary Sewage Disposal Standards 4-112 Division 4-7 Impact Fees and Land Dedication Standards Section 4-700 School Land Dedication Standards 4-114 Section 4-710 Road Impact Fees 4-115 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF Section 4-720 Emergency Service Impact Fees 4-138 Division 4-8 Eagle County Efficient Building Code (ECOBUILD): Single- Family, Duplex , Townhouse Section 4-8 Eagle County Efficient Building Code: Single-Family, Duplex, Townhouse 4-145 Division 4-9 Eagle County Efficient Building Code (ECOBUILD): Commercial, Multifamily Section 4-9 Eagle County Efficient Building Code: Commercial, Multifamily 4-159 Division 4-10 Sustainable Community Index Section 4-10 Sustainable Community Index... 4-171 Article 5 Administration Division 5-1 Duties & Responsibilities of Decision-Making, Administrative & Advisory Bodies Section 5-100 Board of County Commissioners 5-1 Section 5-110 Planning Commission 5-2 Section 5-120 Zoning Board of Adjustment 5-6 Section 5-130 Hearing Officer 5-8 Section 5-140 Planning Director 5-9 Section 5-150 Code Enforcement Officer 5-10 Section 5-160 County Attorney 5-10 Section 5-170 County Engineer 5-11 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF Division 5-2 Common Procedures Section 5-200 General 5-12 Section 5-210 Provisions of General Applicability 5-15 Section 5-220 Interpretations 5-24 Section 5-230 Amendments to the Text of These Land Use Regulations or the Official Zone District Map 5-25 Section 5-240 Planned Unit Development (PUD) District 5-30 Section 5-250 Special Uses 5-52 Section 5-260 Variances 5-57 Section 5-270 Subdivision Exemption 5-60 Section 5-280 Subdivision 5-62 Section 5-290 Minor Subdivision 5-81 Section 5-300 Limited Review Use 5-86 Section 5-2100 Certificate of Zoning Compliance 5-88 Section 5-2200 Public Way & Easement Vacations 5-88 Section 5-2300 Beneficial Use Determination 5-90 Section 5-2400 Appeals of Staff Decisions / Interpretations 5-95 Section 5-2500 Vested Property Rights 5-95 Section 5-2600 Temporary Regulations 5-97 Section 5-2700 Correction Plat 5-97 Article 6 Nonconformities Section 6-100 Purpose & Intent 6-1 Section 6-110 Nonconforming Uses & Structures 6-1 Section 6-120 Nonconforming Lots of Record 6-2 Section 6-130 Nonconformities Created By Eminent Domain Proceedings 6-5 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF Article 7 Enforcement Section 7-100 General 7-1 Section 7-110 Revocation or Suspension of Special Use Permit, Variance Permit, PUD or Subdivision 7-2 Section 7-120 Abatement of Violations 7-4 Section 7-130 Notification to Correct Violation 7-7 Section 7-140 Other Remedies 7-8 Docusign Envelope ID.A71BD6BA-487B-49BB-8D28-F9B3586B8ECF Appendix A Final Plat Recording Specifications & Certificate Formats Appendix D Nelson Access Road (As referenced in Article 6, Section 6-120, B.2, Nonconformities) Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4 SITE DEVELOPMENT STANDARDS - EAGLE COUNTY 1 Docusign Envelope ID.A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS TABLE OF CONTENTS TABLE OF CONTENTS DIVISION 4-1.OFF-STREET PARKING AND LOADING STANDARDS 4-4 SECTION 4-100. PURPOSE 4-4 SECTION 4-110.APPLICABILITY 4-4 SECTION 4-120.NUMBER OF REQUIRED PARKING AND LOADING SPACES 4-4 SECTION 4-130.GENERAL STANDARDS FOR PARKING AND LOADING AREAS 4-6 SECTION 4-140.DESIGN STANDARDS FOR PARKING AND LOADING AREAS 4-7 DIVISION 4-2. LANDSCAPING AND ILLUMINATION STANDARDS 4-15 SECTION 4-200.PURPOSE 4-15 SECTION 4-210.APPLICABILITY 4-15 SECTION 4-220. LANDSCAPE PLAN 4-16 SECTION 4-230.LANDSCAPING DESIGN PRINCIPLES,STANDARDS AND MATERIALS 4-18 SECTION 4-240.INSTALLATION AND MAINTENANCE REQUIREMENTS 4-27 SECTION 4-250.ILLUMINATION STANDARDS 4-29 DIVISION 4-3. SIGN REGULATIONS 4-30 SECTION 4-300. PURPOSE 4-30 SECTION 4-310.APPLICABILITY 4-30 SECTION 4-320.PROHIBITED SIGNS 4-32 SECTION 4-330. SIGN STANDARDS APPLICABLE IN ALL ZONE DISTRICTS 4-34 SECTION 4-340. SIGN STANDARDS APPLICABLE TO SPECIFIC ZONE DISTRICTS 4-37 SECTION 4-350.PROCEDURE TO OBTAIN A SIGN PERMIT 4-41 SECTION 4-360.NONCONFORMING SIGNS 4-42 SECTION 4-370.VIOLATIONS AND PENALTIES 4-43 DIVISION 4-4.NATURAL RESOURCE PROTECTION STANDARDS 4-45 SECTION 4-400. PURPOSE 4-45 SECTION 4-410.WILDLIFE PROTECTION 4-45 SECTION 4-420. DEVELOPMENT IN AREAS SUBJECT TO GEOLOGIC HAZARDS 4-48 SECTION 4-425. HILLSIDE DEVELOPMENT 4-52 SECTION 4-430.DEVELOPMENT IN AREAS SUBJECT TO WILDFIRE HAZARDS 4-56 SECTION 4-440.WOOD BURNING CONTROLS 4-61 SECTION 4-450. RIDGELINE PROTECTION 4-63 SECTION 4-460. ENVIRONMENTAL IMPACT REPORT 4-69 DIVISION 4-5.COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS 4-74 SECTION 4-500. PURPOSE 4-74 SECTION 4-510.APPLICABILITY 4-74 LAND USE REGULATIONS 2 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS TABLE OF CONTENTS SECTION 4-520.NOISE AND VIBRATION STANDARDS 4-74 SECTION 4-530. SMOKE AND PARTICULATE STANDARDS 4-74 SECTION 4-540.HEAT,GLARE, RADIATION AND ELECTRICAL INTERFERENCE 4-75 SECTION 4-550. STORAGE OF HAZARDOUS AND NON-HAZARDOUS MATERIALS 4-75 SECTION 4-560.WATER QUALITY STANDARDS 4-76 DIVISION 4-6. IMPROVEMENTS STANDARDS 4-77 SECTION 4-600. PURPOSE 4-77 SECTION 4-610.APPLICABILITY 4-77 SECTION 4-620.ROADWAY STANDARDS 4-77 SECTION 4-630. SIDEWALK AND TRAIL STANDARDS 4-111 SECTION 4-640.IRRIGATION SYSTEM STANDARDS 4-112 SECTION 4-650. DRAINAGE STANDARDS 4-113 SECTION 4-660.EXCAVATION AND GRADING STANDARDS 4-116 SECTION 4-665. EROSION CONTROL STANDARDS 4-116 SECTION 4-670. UTILITY AND LIGHTING STANDARDS 4-120 SECTION 4-680.WATER SUPPLY STANDARDS 4-121 SECTION 4-690. SANITARY SEWAGE DISPOSAL STANDARDS 4-122 DIVISION 4-7.IMPACT FEES AND LAND DEDICATION STANDARDS 4-125 SECTION 4-700. SCHOOL LAND DEDICATION STANDARDS 4-125 SECTION 4-710.TRANSPORTATION IMPACT FEES 4-126 SECTION 4-720.EMERGENCY SERVICE IMPACT FEES 4-127 DIVISION 4-8. SUSTAINABLE COMMUNITY INDEX(org.9/17/08) 4-135 SECTION 4-800. PURPOSE 4-135 SECTION 4-801.APPLICABILITY 4-135 SECTION 4-820.POINT REQUIREMENTS 4-135 SECTION 4-830. POINT DETAILS 4-136 SECTION 4-830.1. SITE/LOCATION: 4-136 SECTION 4-830.2. CONNECTIONS/USES: 4-137 SECTION 4-830.3.TRANSPORTATION: 4-140 SECTION 4-830.4. RESOURCE EFFICIENCY 4-143 LAND USE REGULATIONS 3 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS DIVISION 4-1. OFF-STREET PARKING AND LOADING STANDARDS SECTION 4-100. PURPOSE This Division establishes parking standards for land uses within unincorporated portions of Eagle County. The standards are intended to lessen congestion on streets,to ensure an adequate supply of parking spaces within a reasonable distance of land uses and to provide standards for the design and use of required parking areas. SECTION 4-110. APPLICABILITY The standards of this Division shall apply to all development, including new uses, expansion of existing uses and the change of use of land or structures. SECTION 4-120. NUMBER OF REQUIRED PARKING AND LOADING SPACES A. Off-Street Parking Required. All uses shall be required to provide that number of off-street parking spaces which complies with the standards set forth in Table 4-120, "Minimum Off-Street Parking Standards For Each Use". 1. Multiple Uses. If two (2) or more principal uses occupy a single parcel or structure, the number of required off-street parking spaces for the parcel or structure shall be the additive total for each principal use of the parcel or structure. 2. Shared Parking or Loading Areas.No parking or loading area that is required by these Land Use Regulations shall be a required parking or loading area for another use, unless it can be shown that the peak use periods for required parking or loading areas for two(2)or more uses located on the same or adjoining sites will not overlap with one another. Upon the presentation of satisfactory evidence by the applicant that such shared use will not result in a shortage of parking at any time, the Planning Director may approve a shared use arrangement for said parking or loading area and may reduce the number of off-street parking spaces by up to twenty(20)percent of the total required for all uses. 3. 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. LAND USE REGULATIONS 4-4 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS TABLE 4-120 MINIMUM OFF-STREET PARKING STANDARDS FOR EACH USE Use Parking Standard Single-Family or Duplex Dwelling Unit 3 spaces per dwelling unit' Mobile Home Unit 2 spaces per mobile home space Multi-Family Dwelling Unit: 1 bedroom or studio 2 spaces per dwelling units 2 to 3 bedrooms 2.5 spaces per dwelling unit 4 or more bedrooms 3 spaces per dwelling unit Multi-Housekeeping Dwelling Unit 1 space per bedroom Lodging Unit(including hotel,motel, lodge,boarding house and similar uses) 1 space per room Retail, Service Commercial and Office 1 space per 250 s.f, of net leasable floor area2 Restaurant and Tavern 1 space per every 4 seats 1 space per 100 s.f of floor area used for Auditorium and Public Assembly Areas seating or assembly Public Facilities and Health Facilities (excluding auditorium and public assembly 1 space per 300 s.f. of floor area' areas) Ski Facility: 1 space per 4 persons of maximum allowed Visitors skiers at one time(SAOT) Mountain Employees employees per day/1.3 persons per day Manufacturing Establishment 1 space per 1,000 s.f. of floor area Wholesale Establishment,Warehouse,Rail or Truck Freight Terminals 1 space per 2,000 s.f. of floor area Notes: 1. The parking requirement for a studio or one(1)bedroom dwelling unit shall be 2 spaces per unit. 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 and mechanical areas and storage areas used solely by tenants on the site. 4. Uses Not Listed. The number of required off-street parking spaces for any use not LAND USE REGULATIONS 4-5 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS specifically listed in Table 4-120, "Minimum Off-Street Parking Standards For Each Use", shall be determined by the Planning Commission, considering a report and recommendation by the Planning Director. The report shall identify the standards for any similar uses listed in Table 4-120, "Minimum Off-Street Parking Standards For Each Use", and shall also identify other potentially applicable standards contained in recognized publications or used in communities similar to Eagle County. 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 need. Where the property or use is served or designed to be served by tractor-trailer delivery vehicles,the following standards shall be used in establishing the minimum number of off-street loading berths required: Gross Floor Area Number of of the Building Required Loading Berths or Spaces Up to 10,000 sq. ft. 1 Greater than 10,000 sq. ft. 2 SECTION 4-130. GENERAL STANDARDS FOR PARKING AND LOADING AREAS A. Continuing Obligation. The provision and maintenance of off-street parking and loading spaces that comply with the standards of this Division shall be a continuing obligation of the property owner. 1. Spaces Shall Be Shown With Building Permit Application.No building permit shall be issued until plans are presented showing the area that will be made available for exclusive use to meet the applicable off-street parking and loading standards. A plan drawn to scale, indicating how the applicable off-street parking and loading standards will be fulfilled, shall accompany an application for a building permit. 2. Spaces Shall Remain Available. Any subsequent use of property for which the building permit is issued shall be conditional upon the unqualified continuance and availability of parking and loading spaces that comply with the standards of this Division. 3. Change of Use. Should the owner or occupant of any lot or building change the use to which the lot or building is put,thereby increasing off-street parking and loading requirements,it shall be unlawful and in violation of these Regulations to begin or maintain such altered use until such time as the increased off-street parking and loading requirements are complied with. LAND USE REGULATIONS 4-6 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS B. 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. Inoperable vehicles or materials shall not be stored in required parking spaces. 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,but may be parked in such spaces for overnight storage or parked in designated additional spaces during business hours or for overnight storage. 3. Vehicles for Sale.Vehicles shall not be displayed for sale in any parking area required for a non-residential 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 non- residential use if the repairs render a vehicle inoperable for periods of more than twenty- four(24)hours. 5. Commercial Vehicles on Residential Property. Commercial vehicles or heavy equipment used in a business operation shall not be parked in required parking spaces for a residential use,unless the commercial vehicle is used for a permitted home occupation or is a company vehicle used for commuting that is parked overnight. C. Location of Required Parking Spaces. Required off-street parking spaces shall be located as follows: 1. On The Same Lot. On the same lot as the structure the spaces are intended to serve; or 2. Within a Common Assigned Parking Area. Within a common assigned parking area under the ownership of the individual owners of, and within the same development as,the use the spaces are intended to serve, unless specific arrangements have been approved by the Planning Commission, considering a report and recommendation by the Planning Director. D. Loading and Unloading. Loading and unloading of vehicles serving commercial and industrial uses shall be conducted on private property and not on any street or alley. SECTION 4-140. DESIGN STANDARDS FOR PARKING AND LOADING AREAS A. Standards. The design standards for the Parking and Loading Areas shall be as set forth in the Engineering Criteria Manual,Design Standards for Parking and Loading Areas. (am. 12/01/24) LAND USE REGULATIONS 4-7 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS DIVISION 4-2. LANDSCAPING AND ILLUMINATION STANDARDS SECTION 4-200. PURPOSE (am.5/16/06)(am.12/11/07) A. Purpose. The purpose of this Division is to provide standards for landscaping,water conservation relative to landscaping, and illumination of development within unincorporated portions of Eagle County, so as to maintain and enhance the character of residential neighborhoods, commercial centers and industrial areas. This is accomplished by: 1. Setting minimum standards for planting within residential and non-residential development and associated parking areas; 2. Promoting and facilitating water conservation through the efficient utilization of water for irrigation purposes; 3. Preventing degradation of water resources and related aquatic environments due to soil erosion and low stream flow events. 4. Preventing property damage due to improper drainage. 5. Minimizing unsightliness through the use of landscape buffers and screening around and between the County's more intensively developed areas. 6. Eliminating the spread of noxious weeds or invasive plant species. 7. Establishing standards to prevent illumination from becoming a nuisance to neighboring properties or to motorists,while allowing illumination necessary for safety purposes. SECTION 4-210. APPLICABILITY These regulations are applicable to all new construction in the unincorporated territories of Eagle County, and shall supersede the provisions of any previously approved Planned Unit Development which may contain language contradictory in nature to the intent of these regulations. In the event that a previously approved Planned Unit Development documents, including the Preliminary Plan, the PUD Guide and all supporting materials contain language which is more restrictive than the language found in these regulations,then the more restrictive language shall apply. The standards of this Division shall apply except as follows: (am.12/11/07) A. Existing Structure. The standards of this Division shall not apply to remodeling, repair, restoration or alteration of an existing structure. However, additions or expansions that increase the footprint of a commercial, industrial or multi-family structure by more than twenty-five (25) percent and any landscape berms not previously approved through the Subdivision, PUD or building permit process shall comply with the standards of this Division to the maximum extent possible. Additions or expansions that increase the footprint of a single family or duplex structure by more than twenty-five(25)percent shall submit landscaping plans that indicate adherence to LAND USE REGULATIONS 4-8 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS the landscape water conservation principles contained herein to the maximum extent practicable. In applying this standard to additions or expansion of pre-existing development the property owner may not be required to remove any existing established landscaping including turf grass that was installed on the property in accordance with the provisions of these Land Use Regulations, PUD Guides, Covenants or Design Guidelines that applied at the time of the installation. The Planning Director may require sprinkler system upgrades pursuant to these regulations, if a significant improvement to water conservation over existing conditions is achievable. (am.5/16/06)(am.12/11/07) B. Governmental Entities. Governmental entities responsible for providing recreational amenities including public recreation fields,sports fields,public golf courses and play areas shall be exempt. (orig.12/11/07) C. Golf Courses. Public and private golf courses shall be exempt; although water conservation practices should be implemented on golf courses to the greatest extent practicable. (orig.12/11/07) D. 35 Acre Parcels. The standards of this Division shall not apply to Use by Right residential use on parcels thirty five(35)acres or greater in size within the Resource Zone District. (am.12/11/07) SECTION 4-220. LANDSCAPE PLAN A. Landscape Plan Required. A landscape plan for all multi-family, commercial and industrial development, prepared by a person who by reason of special knowledge of the principles and methodology of landscape architecture and landscape design acquired by professional education, practical experience, or both, is qualified to engage in the practice of landscape architecture and whose competence has been attested through certification as a landscape architect within the State of Colorado, shall be submitted for review as part of an application for building permits and other development applications within Eagle County, except that development specifically exempted in Section 4-210,Applicability. (am.12/11/07) A landscape plan for all single-family and duplex residential structures shall be submitted for review as part of an application for building permit within Eagle County, except that development specifically exempted in Section 4-210, Applicability. The landscape plan is not required to be prepared by a certified landscape architect unless the habitable space of the single-family residence contains more than 5,000 square feet or 10,000 square feet for both halves of a residential duplex structure combined. In these instances,the landscape plan shall be prepared by a certified landscape architect. The landscape plan shall address the following types of issues: (am.12/11/07) 1. Proposed Residential Subdivisions and PUD's. The landscape plan that accompanies a proposed residential subdivision or PUD is intended to address issues such as where and what type of trees and other landscaping will be placed,how common areas will be treated, how areas graded or otherwise disturbed during development will be re-vegetated, during development will be re-vegetated, how landscaped areas will be irrigated and similar concerns. It is not anticipated that landscaping for individual LAND USE REGULATIONS 4-9 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS residential lots will be addressed in the landscape plan for Subdivisions or PUD's. Regulations governing Public Rights of Way and specified clear zones,pursuant to Chapter 5-30.01 and Article 4-230.A39.a of these Land Use Regulations, must be applied. (am 3/12/02)(am.12/11/07) 2. Single-Family and Duplex Lots. The Landscape plan that accompanies building permit applications for single-family and duplex residential structures is intended to address the protection of existing plants, grading, revegetation of disturbed areas and water conservation. (am.12/11/07) 3. Commercial, Industrial, Multi-Family and Other Development. The landscape plan that accompanies a proposed commercial, industrial, multi-family or other type of development is intended to address how areas that are not covered by impervious surfaces will be treated and how such developments will be buffered from surrounding land uses and major streets or roads. (am.12/11/07) B. Conceptual Landscape Plan. The landscape plan submitted with a Preliminary Plan for Subdivision or Sketch Plan for PUD shall be a conceptual plan illustrating the overall intent of the applicant with regard to landscaping of commercial and industrial development, multi-family development and common areas / open space located within single-family and duplex residential development. Site specific landscape plans for single-family and duplex residential lots shall be required with application for building permit. Areas where trees, shrubs and ground cover will be preserved, removed or replaced shall be identified. Proposed landscape areas shall be labeled, to identify the type of landscaping planned and the general size and number of plants that are intended to be installed. (am.12/11/07) C. Detailed Landscape Plan. The landscape plan submitted with a Final Plat for Subdivision or Preliminary Plan for PUD or building permit for a single-family or duplex residence or for any other development requiring a landscape plan shall be a detailed plan showing how the applicant intends to landscape the development. It shall contain the following materials: (am.12/11/07) 1. Drawing. A dated, scale drawing, including topographic information at two (2) foot contour intervals,locating all lot lines and improvements to the property and any easements of record. The drawing shall identify all existing deciduous trees and coniferous trees of six inches(6")in caliper or greater that illustrates which trees will be preserved and which will be removed or relocated,areas where other existing vegetation will either be preserved or removed, and the type, location,size and number of plants that will be installed. Where it would be impractical to identify each tree, the drawing shall outline the dimensions of groves of existing and proposed trees. The drawing shall also show proposed earthen landscape berms, and where, how and what type of irrigation is to be provided. The size, quantity, common name and botanical name of plants used, including ground cover shall be labeled. When seed mixtures are used, the percentages of grass and/or wildflower mixtures and seed application rates shall be specified. (am.5/16/06)(am.12/11/07) 2. Calculations. A summary of all calculations used to determine the landscaping required LAND USE REGULATIONS 4-10 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS for the site shall be provided, whenever applicable. The area of the property that is proposed to be landscaped shall be identified in square feet and as a percentage of the entire property. For single-family and duplex structures, the area proposed to be treated with irrigated turf shall also be measured in square feet and clearly indicated. For required landscaping of parking lots,the amount of the site proposed to be covered by parking areas and the number of parking stalls to be provided shall also be identified. (am.12/11/07) 3. Cost Estimate. With the exception of single-family and duplex structures, an estimate of the cost of supplying and installing the materials depicted in the landscape plan shall be provided. (am.12/11/07) 4. Erosion Control.A description of how erosion will be controlled on-site during and after construction shall be provided either on the landscape plan or in an associated Construction Management Plan. (am.12/11/07) 5. Maintenance Program. With the exception of single-family and duplex structures, a description of the proposed program to maintain the landscaping after it has been installed shall be provided. (am.12/11/07) SECTION 4-230. LANDSCAPING DESIGN PRINCIPLES,STANDARDS AND MATERIALS A. Landscaping Principles Applicable to All Development. (am 12/11/07) 1. Landscape developments shall be designed and installed to maximize the conservation of water by incorporating the following seven (7) basic principles to the greatest extent practicable: a. Landscape improvements should be carefully planned and designed according to water and maintenance needs. (am 12/11/07) b. The extent of turf should be limited to areas where it can be efficiently watered. (am 12/11/07) C. The most efficient irrigation water delivery systems should be used. (orig. 12/11/07) d. Where necessary, the water holding capacity of the soil should be improved through the addition of soil amendments. (orig. 12/11/07) e. Final soil surfaces should be covered with organic or inorganic mulches to control soil temperatures and retain moisture. (orig. 12/11/07) f. New plants should be hardy and drought tolerant, and should be grouped according to sun and moisture needs. (orig. 12/11/07) g. All landscaping and irrigation systems should be routinely maintained to insure LAND USE REGULATIONS 4-11 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS proper function and adjusted to accommodate changes over time. (orig. 12/11/07) h. All landscapes should be regularly maintained with approved methods by the State of Colorado to eliminate noxious weeds or invasive plants as found on the current County noxious plant material list. (orig. 12/11/07) B. Location and Irrigation Standards for Required Landscaping. (orig. 12/11/07) 1. Single Family and Duplex Lots. All portions of lots disturbed by construction and not covered by impervious materials shall be landscaped in a manner consistent with the unique ecosystem and specific environment in which the lot is located. Turf grass shall specifically not be allowed on slopes steeper than 3:1. (orig. 12/11/07) 2. Multi-Family, Commercial and Industrial Development. All portions of lots in residential zones containing multifamily dwellings and all portions of lots in the Commercial Limited (CL), Commercial General (CG), Industrial (I) zone districts and Planned Unit Developments (PUD), as applicable, disturbed by construction and not covered by impervious materials shall be landscaped. Landscaping shall also 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 or roads. Regulations governing Public Rights of Way and specified clear zones,pursuant to Chapter 5-30.01 and Article 4-230.A.9.a of these Land Use Regulations,must be applied.(am 3/12/02) (orig. 12/11/07) 3. Subdivision, Planned Unit Development (PUD) and Cluster Development. Landscaping shall be provided in a residential subdivision, planned unit development or cluster development, in a manner which is most consistent with the character planned for the development, the unique ecosystem and specific environment in which the development is located. Water intensive landscape treatments and turf areas should be minimized to the greatest extent practicable and in conformance with the principles and standards of this Division 4-2. Irrigated turf should not be used as a treatment in traffic medians. Where units are developed in clusters, landscaping should also be provided around clusters of units, to create a buffer between denser clusters and lower density and open areas. Landscaping should preserve or replace existing trees,shrubs and ground cover in areas disturbed by development to the greatest extent practicable while remaining in conformance with Section 4-430, Development in Areas Subject to Wildfire Hazards and Chapter III,Section 3.12.1,Wildland Fire Regulation of these Land Use Regulations. (orig. 12/11/07) 4. Irrigation. Irrigation Plans submitted shall depict a water efficient design responsive to different site water needs based on aspect,exposure,soil conditions and surface treatments. Sketch and Preliminary Plan Applications for Subdivision or PUD shall indicate in text or on a plan the method of irrigation for specific areas (natural un-irrigated, flood irrigation,sprinkler system,drip system, etc.) Applications for Final Subdivision Plat and PUD Final Plat shall include detailed irrigation plans and specifications. Detailed site specific irrigation plans for single-family and duplex LAND USE REGULATIONS 4-12 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS residential lots will be required with application for building permit. (See also Section 4-240.A.5 Installation and Maintenance Requirements, Irrigation System) (orig. 12/11/07) a. Use of Raw Water. Developments on land that has access to agricultural irrigation water rights are required to design and utilize a separate raw water system to accommodate all long term landscape irrigation needs. (orig. 12/11/07) b. Limitation on Pop-up Spray Heads. The use of above-ground, pop-up spray heads shall be limited to manicured turf areas only. Drip, micro jet or other low water consumptive water delivery systems shall be used for all other planted areas. (orig. 12/11/07) (1) Exception for Temporary Irrigation. Non-permanent spray systems may be used on a temporary basis to promote seed germination in revegetated areas. Irrigation shall be discontinued once a healthy stand of vegetation has been established. (orig. 12/11/07) (2) Exception for Homes in Areas of Moderate,High or Extreme Wildfire Danger Above ground spray heads may be used to irrigate landscape improvements within the 15 foot "Zone 1" defensible space area for homes located in areas of moderate,high or extreme wildfire danger. (orig. 12/11/07) (3) Exception for "dirty" water. In those instances where un-filtered irrigation water precludes the use of drip, micro-jet or other low water consumptive delivery systems, alternative water delivery systems may be used to irrigate landscape improvements. (orig. 12/11/07) 5. Living Cover.All required landscape areas shall be landscaped. Non-living ground cover is encouraged, to the greatest extent practicable in the drier climates of the County, and may include decorative gravel, bark mulch, river rock or similar materials. Decorative elements, such as walks, decks, terraces, water features and similar treatments may be provided. (am 12/11/07) 6. 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 spatial distribution patterns. Whenever possible, landscaping should consist of drought- resistant varieties and employ low water consumptive design principles. Plant varieties adapted to local soil conditions and exposures should be used for all areas scheduled for drip irrigation. (am 12/11/07) 7. Save Existing Vegetation. The landscape plan shall be designed so that healthy trees, native vegetation and natural or significant rock outcroppings and other valued features are preserved and integrated with planted areas. Existing trees and shrubs that are LAND USE REGULATIONS 4-13 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS preserved shall count toward the landscaping standards of this Division. Any existing tree in healthy condition of six(6)inches in caliper or greater that is retained may be substituted for two(2)required trees. Conformance with Section 4-430,Development in Areas Subject to Wildfire Hazards and Chapter III, Section 3.12.1, Wildland Fire Regulation of these Land Use Regulations must be adhered to when determining which existing trees and shrubs to preserve. Additionally,vegetation to be preserved must comply with any Wildlife Enhancement Plans included as part of a subdivision and/ or Planned Unit Development approval. (am 12/11/07) 8. Type and Extent of Sod Turf grasses can be high water consumptive plants. Where turf is allowed, drought tolerant turf grasses should be used, unless anticipated uses (sports fields, high traffic areas) specifically require more resilient species. In addition to the avoidance of slopes steeper than 3:1, the following turf area restrictions shall apply to single-family and duplex lots: (orig. 12/11/07) a. Residential structures with habitable space of 2000 square feet or less shall be limited to 3000 square feet of irrigated turf,as depicted on the landscape plan.(orig. 12/11/07) b. Residential structures with habitable space that exceeds 2000 square feet shall be limited to 3000 square feet of irrigated turf,plus 30%of the increment of habitable space exceeding 2000 square feet,as depicted on the landscape plan. (orig. 12/11/07) C. The maximum amount of irrigated turf for any single family or duplex residential structure or lot shall be 5000 square feet. (orig. 12/11/07) d. Allowance for Lots Bordering Golf Course. Single Family and Duplex lots immediately adjacent to manicured turf areas of golf courses shall be allowed an additional 1500 square feet of turf within the side yard or rear yard setback in order to facilitate an appropriate blending of manicured landscape elements. (orig. 12/11/07) e. Exemptions to Irrigated Turf Limitations. The Director of Community Development may exempt homes from the above turf area restrictions if it can be clearly demonstrated that the addition of irrigated turf over and above that allowed will not result in the use of more water than would otherwise have been consumed by a landscape plan conforming to these standards. A written request for exemption is required,and should include details regarding the raw water delivery system, water rights information, a letter from the water provider, ditch operator plan details, specifications, Design Review Board or Home Owners Association approval and any other information deemed relevant by the Director. (orig. 12/11/07) 9. Minimum Size. Landscaping within a clear vision area shall comply with the height limitations of Section 4-230.B.13.a., Clear Vision Area. Otherwise, trees and shrubs depicted on the landscape plan shall be of at least the following minimum size at the time LAND USE REGULATIONS 4-14 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS of their planting, unless a larger tree size is specified in any applicable development permit for buffering, screening or planting on the subject property. (am 12/11/07) a. Deciduous Trees. Deciduous trees shall be a minimum of one and one-half (1-1/2) inches in caliper,measured four(4) feet above the ground. (am 12/11/07) b. Coniferous Trees. Coniferous trees shall be a minimum of four(4)feet in height, measured from the top of the root ball to the top of the tree. (am 12/11/07) c. Ornamental Trees. Ornamental and flowering trees shall be a minimum of one and one-half(1.5) inches in caliper, measured four(4) feet above the ground. (am 12/11/07) d. Shrubs and Vines. Shrubs shall be in a minimum three(3)gallon container, and shall be a minimum of one (1) to two (2) feet in height. Vines shall be in a minimum one(1)gallon container. (am 12/11/07) 10. Minimum Number of Trees and Shrubs within Required Landscape Area. Landscape areas that are provided in order to comply with the maximum lot coverage standards of the Residential Multi-Family (RMF), Residential Suburban Medium Density (RSM), Residential Suburban Low Density (RSL), Commercial Limited (CL), Commercial General (CG), Industrial (I) and Rural Center (RC) zone districts shall comply with the applicable standards from Table 4-230, Number of Trees and Shrubs Within Required Landscape Area. TABLE 4-230 NUMBER OF TREES AND SHRUBS WITHIN REQUIRED LANDSCAPE AREA* Dimensions of Required Landscape Area Minimum Number of Required Trees and Shrubs Ten(10)to fifteen(15)feet in width One (1) tree and six (6) shrubs per two hundred-fifty(250)sq. ft. of landscaped area Fifteen(15)to twenty-five(25)feet in width One(1)tree and six(6)shrubs per two hundred- seventy-five(275) sq. ft. of landscaped area More than twenty-five(25)feet in width One (1) tree and six (6) shrubs per three hundred(300) sq. ft. of landscaped area Note * See text of Section 4-230 B.7 to determine applicability of these standards. (am 12/11/07) 11. Trees within a Paved Area.Any tree planted within a paved area shall be placed in a tree vault and shall have a tree grate installed around its trunk. A structural soil mix LAND USE REGULATIONS 4-15 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID.A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS composed of the following three components mixed in the following proportions by weight is required: crushed stone (100 parts); clay loam (20 parts), and; hydrogel (0.03 parts) which provides support for the paved system while allowing for the expansion of the root system. (am 12/11/07) 12. 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 properly designed for this function. Hardy tree and shrub species appropriate for planting in snow storage areas should be utilized in designated snow storage areas. (am 12/11/07) 13. Obstructions Prohibited. a. Clear Vision Area. A clear vision area shall run along property lines and along the entrance to the site. Plant materials shall be limited to thirty (30) inches in height at maturity within the clear vision area,so as to avoid visibility obstructions or blind corners at intersections. (am 12/11/07) b. Fire Hydrants and Utilities.Landscaping shall be installed so it does not obstruct fire hydrants or utility boxes and so it will not grow into any overhead utility lines. c. Street Trees.Any tree planted along the street shall be located a minimum of five (5) feet from the curb or the edge of the street,to provide room for snow plowing, street maintenance and opening of car doors. The installation of street trees and associated irrigation systems shall be subject to review and inspection by the County Engineering Department and, for planting along public streets or roads only, the County Road and Bridge Department, to ensure the trees do not create use conflicts or safety hazards and to determine maintenance responsibilities for the trees. (am 12/11/07) 14. Standards for Landscape Berms. Earthen landscape berms shall conform to the following processes and standards: (prig. 05/16/06) a. Pursuant to Section 4-660.A.2, Excavation and Grading Standards, proposals for landscape berms not previously approved through the Subdivision, PUD or building permit process must obtain a grading permit or an exemption from a grading permit from the Eagle County Engineer. b. All berms shall conform to Section 4-230 B.13.a.,Clear Vision Area. c. All berms shall conform to dimensional limitations listed under Section 3- 340.C.4,Fence,Hedge,Wall or Berm. Proposals for earthen berms not conforming to Section 3-340:C.4, Fence, Hedge, Wall or Berm, shall be required to obtain approval from Eagle County as detailed in Section 4-230.B.15, Approval Process for Large Landscape Berms. LAND USE REGULATIONS 4-16 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS d. Earthen berms shall be located outside of stream setbacks, and shall not impact wetlands or riparian areas. e. Earthen berms shall not encroach into public rights of way, drainage easements, access easements or utility easements, unless evidence has been submitted indicating approval of the placement of the berm by the holder of the right-of-way or easement. f. Berm slopes shall be no steeper that 2:1. Berm contours shall be smoothly undulated along both the linear face and the crest to mimic natural topographic features. g. Berms shall be designed to have a natural appearance, and shall specifically avoid the appearance of a levy or a dam. Where physical space allows, the pattern of berms on the landscape should be discontinuous in nature. Breaks between separate berm segments should be purposefully located to facilitate drainage, pedestrian movement, wildlife movement, utilities, and/or the preservation of public view corridors. Separate berm segments may overlap one another by no more than 10%of their combined length. h. Landscape plant materials used should vary in size and species, and should be placed in natural appearing groups along the toe, slopes and crest of the berm. The type of trees and shrubs selected and their position on the berm should be considerate of the local climate, soil conditions and exposure. i. Berm design and placement shall reflect consideration for the well-being of wildlife. Southern exposures near roads can attract animals in the early spring and densely planted areas near roads provide hiding places from which animals can suddenly appear. j. All earthen berms shall be fully revegetated to prevent erosion and to provide a sustainable and attractive vegetative cover. 15. Approval Process for Large Landscape Berms. Berms taller than eight (8) feet as measured from natural grade at any point on the side of the berm that faces an adjacent property or longer than 150 feet in length shall be required to obtain a Finding of No Significant Impact(FONSI)from the Director of Community Development or'approval of a Site Specific Development Plan by the Board of County Commissioners. (orig. 05/16/06) a. Submittal requirements for large landscape berms shall include the following: (1) Minimum Contents of application as detailed in Section 5-210.D.2, (2) A detailed landscape plan as described in Section 4-220.C, and LAND USE REGULATIONS 4-17 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS (3) Any other information, analysis or study as deemed relevant and appropriate by the Director of Community Development b. Determination. Based upon review of the application material and the information obtained at the pre-application meeting, the Director may determine that a Finding of No Significant Impact(FONSI) is warranted. (1) Finding of No Significant Impact(FONSI). The Director of Community Development may determine that a Finding of No Significant Impact (FONSI) should be issued if the construction of the berm in its proposed location is consistent with the spirit and intent of related standards and is unlikely to have any significant adverse impact to adjacent properties or public resources or amenities. In the instance that a FONSI is made, and upon expiration of the reconsideration period described below, the applicant may pursue obtaining a Grading Permit for the construction of the berm. (2) Notice of Director's Determination of a FONSI. (a) Upon the Director's Determination of a FONSI,the Director shall notify the applicant by mail,and shall notify the Board,the County Administrator and the County Attorney of the Determination by e-mail or memorandum. (b) The Notice of Director's Determination of the FONSI shall be published once in the County legal newspaper not more than fourteen (14)days following the Determination. The notice shall describe the Project and the procedure for requesting reconsideration as set forth below. (3) Reconsideration of Director's Determination of a FONSI. (a) Call-up by the Board. Within fourteen(14)days after publication of the Director's Determination of a FONSI,the Board may decide to reconsider the Determination. Such reconsideration shall be made at the next regularly scheduled meeting of the Board for which proper notice can be accomplished. (b) Request for Reconsideration by Affected Party. Any affected party seeking a reconsideration of the Director's Determination of a FONSI shall file a written request with the Board within fourteen (14)days of the date of publication in the newspaper of the Notice of the Director's Determination of the FONSI. The Board shall reconsider the Director's Determination of the FONSI at the next regularly scheduled meeting for which proper LAND USE REGULATIONS 4-18 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS notice can be accomplished. The affected party may request a reasonable extension if necessary. c. Approval Required. If the Director determines that a Finding of No Significant Impact(FONSI)is not appropriate,the application will be forwarded to the Board of County Commissioners for consideration. At a public hearing, the Board of County Commissioners shall consider the application, the relevant support materials, and any public testimony. After the close of the public hearing, the Board may uphold the Director's determination, overturn the Director's determination or overturn the Director's determination with conditions. C. Landscaping Standards Within Off-Street Parking Areas. All off-street parking areas containing fifteen (15) or more spaces, except for enclosed or sub-grade parking structures, shall provide the following forms of landscaping: (am 12/11/07) 1. Planting Strips. There shall be a planting strip provided along all property lines where a street right-of-way is located adjacent to the parking area. a. Width.The planting strip shall have a minimum width of ten(10)feet. b. Screen.A minimum of eighty(80)percent of the length of the planting strip shall be used to screen the parking area from the street. The screen shall be a minimum of thirty (30) inches in height and may consist of a berm, wall, plant material or combination thereof, however, the clear vision area shall be maintained. See related standards under 4-230.A.10, Standards for Landscape Berms, and Section 3-340.C.4,Dimensional Limitations for Fence,Hedge,Wall or Berm. (am. 5/16/06) c. Trees.A minimum of one(1)tree shall be planted for every twenty-five(25)linear feet of the planting strip. The trees may be grouped together,provided the grouping does not leave a gap between individual trees or tree groups that exceeds forty(40) feet. (am 12/11/07) 2. Interior Planting Areas.Planting areas shall be established to break up the interior of all parking areas. a. Minimum Area.A minimum of five(5)percent of the interior area of the parking area shall be required landscaping. b. Islands. One (1) planting island that is a minimum of six (6) feet wide shall be provided for every fifteen (15) parking spaces. The planting islands shall be dispersed throughout the parking area,to provide visual relief and shade. c. Parking Rows.Where double rows of parking are planned,there shall be a center planting strip installed that is a minimum of seven (7) feet wide. Where LAND USE REGULATIONS 4-19 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS any parking row is adjacent to a circulation way,there shall be a planting strip installed that is a minimum of seven(7)feet wide. d. Trees. There shall be a minimum of one (1) tree planted in each planting island. Within each planting strip, there shall be a minimum of one (1) tree planted for every twenty-five(25) linear feet of planting area. SECTION 4-240. INSTALLATION AND MAINTENANCE REQUIREMENTS A. For All developments Except Single Family and Duplex Lots. 1. Collateral. Prior to the issuance of any development permit, the Planning Director may require the applicant to submit to the County a surety or cash bond, letter of credit or other collateral found to be suitable by the County Attorney to guarantee the installation of the required landscaping and irrigation system. The collateral shall be in an amount equal to one hundred-twenty-five (125) percent of the total cost of supplying and installing the materials depicted in the approved landscape plan,based on the cost estimate provided by the applicant and accepted by the County. When collateral has not been required to be submitted prior to the issuance of a development permit, then no certificate of occupancy shall be issued for any portion of the development until the required landscaping has been installed or until a suitable collateral has been provided to guarantee that required landscaping will be installed within the first planting season following occupancy of the property. Collateral shall not be required for the landscaping and irrigation systems on individual single-family or duplex residential lots. (am 12/11/07) 2. Certification and Release. Following installation of the required landscaping, the applicant shall certify that the landscaping has been installed in conformance with the approved plan. The performance guarantee shall be released within ten(10)working days following receipt of the certification and inspection by the County. 3. County Use of Security. In the event the landscaping for items contained within the cost estimate is not installed,or is installed in a manner that does not conform with the approved plan, the County may draw upon the security to bring the landscaping into conformance with the approved plan. 4. Required Time For Completion. All required landscaping shall be installed within the first planting season following occupancy of the property. When phasing of a project's construction is approved, then installation of required landscaping may be phased consistent with the project's approved development phasing. For the purposes of this regulation,planting season begins April lst and extends through October 31st. (am 12/11/07) 5. Irrigation System. Irrigation shall only be applied to that portion of the landscaped area that is live cover that cannot be naturally sustained with adequate moisture for the types of plants existing or installed. With the exception of exemptions listed in Section 4- 230.A.3.b,the use of above-ground spray heads shall be limited to manicured turf areas LAND USE REGULATIONS 4-20 EAGLE COUNTY,COLORADO Article 4 • Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS only. Drip,micro jet or other low water consumptive water delivery systems shall be used for all other planted areas. A non-potable raw water system should be utilized whenever practical, so long as it can be demonstrated to be an efficient and environmentally conscientious approach to the satisfaction of the Planning Director.The use of other water- conserving techniques such as Smart Controllers (Smart Controllers measure the site- specific soil moisture content,temperature,wind speed, soil type and can be programmed for different plant types) grey water systems, the avoidance of day-time irrigation,the installation of rain sensors, and the design of irrigation zones that accommodate the physical characteristics of the site and/or the groupings of vegetation installed must be employed to the greatest extent practicable. (am 12/11/07) 6. Maintenance.All landscaping shall be healthy at the time of its installation and shall meet the standards of the American Association of Nurserymen. Landscaping shall be maintained so that it remains alive, or replacement is required and shall be enforced pursuant to Chapter I, Section 1.14 Enforcement of these land use regulations. (am 12/11/07) a. Landowner Responsible. Maintenance of landscaped areas shall be the responsibility of the landowner. b. Replacement. Landscaping that does not survive within the first three (3) years after it is planted shall be replaced within three(3)months after it perishes, unless that date is not during a planting season, in which case it shall be replaced during the first month of the next planting season. The replacement vegetation shall be similar in size, type and amount to the vegetation that perished, so the integrity of the landscape plan is preserved and shall be in compliance with any approved Wildlife Enhancement Plans included as part of a subdivision and/or Planned Unit development approval. (am 12/11/07) c. Noxious Plant Materials.Weed control shall be required.Plant materials as listed on the most current noxious plant material list adopted by the Board of County Commissioners shall not be allowed as landscaping, and must otherwise be managed in compliance with applicable State and County regulations. (am 12/11/07). B. For Single Family and Duplex Lots (orig. 12/11/07) 1. Required Time For Completion. Notwithstanding requirements related to any other applicable permits, unless provided by the terms of deed restrictions, a subdivision improvements agreement or the terms of the Planned Unit Development documents, the owner of a single-family or duplex residence shall be required to complete installation of the landscaping, per the approved plan, within one growing season after receiving a Certificate of Occupancy. For the purposes of this regulation,growing season begins April 1st and extends through October 31S` • 2. Irrigation System. Irrigation shall only be applied to that portion of the landscaped area LAND USE REGULATIONS 4-21 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS that is live cover that cannot naturally be provided with adequate moisture for the types of plants existing or installed. The use of above-ground spray heads shall be limited to manicured turf areas only. Drip,micro jet or other low water consumptive water delivery systems shall be used for all other planted areas. The use of non-potable or raw water irrigation systems, wherever practical, efficient and environmentally conscientious, is required. To the greatest extent practicable, the landowner is else encouraged to employ other water-conserving techniques such as the avoidance of day-time irrigation, the installation of rain sensors, Smart Controllers(Smart Controllers measure the site-specific soil moisture content, temperature, wind speed, soil type and can be programmed for different plant types) and the efficient design of irrigation zones that accommodate the physical characteristics of the site and/or the groupings of vegetation installed. 3. Maintenance Responsibility. The landowner shall be responsible for the maintenance of all landscaped areas. Periodic weed control shall be required,and plant materials listed on the most current noxious plant material list adopted by the Board shall not be allowed as landscaping, and must otherwise be managed in compliance with applicable State and County regulations. SECTION 4-250. ILLUMINATION STANDARDS A. Purpose. This section establishes standards for controlling illumination to prevent intense glare or direct illumination that would create a nuisance detract from the use or enjoyment of adjoining property or cause traffic hazards to motorists. B. Standards. Exterior illumination shall not cast glare directly onto adjacent properties. Low Pressure Sodium (LPS) lamps are the preferred illumination source but other sources can be considered depending upon the filtering, shielding,height and number of sources. Mercury vapor lamps are discouraged. Streetlights used for illumination of public ways are encouraged to be 20 feet or less in height. Outdoor lighting used for decorative effects (architectural illumination, flag and monument lighting,illumination of trees,bushes,etc.)should be located,aimed,or shielded so as to minimize stray light trespassing across property boundaries. LAND USE REGULATIONS 4-22 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS DIVISION 4-3. SIGN REGULATIONS SECTION 4-300. PURPOSE The purpose of this Division is to provide a comprehensive system of reasonable, effective, consistent, content-neutral and non-discriminatory standards for signs. These standards control the construction, size, type, location and maintenance of signs and sign structures within the unincorporated portions of Eagle County so as to: A. Protect Appearance. Protect the appearance of the community and enhance the attractiveness of Eagle County as a place to live, do business and visit. B. Identification. Enable places of residence and commerce to be easily identified and allow the communication of information necessary for the conduct of business. C. Compatible. Permit signs that are compatible with their surroundings and aid in orientation, but preclude placement in a manner that conflicts with the principal uses of the site,adjacent land uses, or adjacent signs, or interferes with, obstructs the vision of, or distracts motorists, bicyclists or pedestrians. D. Limit Size and Number. Limit the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business. E. Lessen Hazards.Lessen hazardous situations,confusion and visual clutter caused by proliferation, improper placement or installation, illumination, animation and excessive height, area and bulk of signs that compete for the attention of motorists,bicyclists and pedestrians. F. Safety. Protect the public from the dangers of unsafe signs, and require signs to be constructed, installed and maintained in a safe manner. SECTION 4-310. APPLICABILITY A. General. The provisions of this Division shall apply to the display, construction, erection, alteration, use, maintenance and location of all signs within the unincorporated areas of Eagle County, except as specifically exempted in Section 4-310 B., Exempt Signs. All signs displayed, constructed,erected or altered after the date of the adoption of this Division shall be in conformance with its applicable provisions. All signs that are existing at the time of the adoption of this Division shall not be altered or enlarged without being in conformance with this Division. B. Exempt Signs.The following types of signs shall be allowed in all zone districts and are not subject to the requirement to obtain a sign permit, pursuant to Section 4-350, Procedure to Obtain Sign Permit. This exemption shall not be construed to relieve the owner from complying with any other applicable provisions of this Division. LAND USE REGULATIONS 4-23 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS 1. Signs Less than Six(6)Square Feet in Area.All signs,whether permanent or temporary, that do not.exceed six(6) square feet in sign area,provided that there is not more than one (1) such sign per individual business,parcel, lot, or group of contiguous lots under single ownership. 2 Signs Required By Law. Signs required or specifically authorized for a public purpose by any law. 3. Public Notices.Public notices or signs relating to an emergency. 4. Traffic Signs. Signs erected in public rights-of-way by a local, state or federal governmental agency controlling or directing traffic. 5. Information Signs on Public Property. All information signs on or directing people to public property, provided such signs are related to the use of the property and are erected and maintained by the agency responsible for the public property. 6. Official Notices Posted By Government.Official government notices and notices posted by governmental officers in the performance of their duties to provide warning,necessary information, direction or other regulated purposes. 7. Hazard Warning Signs. Temporary or permanent signs erected by a public utility company or construction company to warn of dangerous or hazardous conditions. 8. Temporary Signs.Temporary signs for a special civic event,such as pennants or banners. Such displays may be erected three(3)weeks prior to the opening of the event and shall be removed one (1)week after completion of the event. 9. Historic Plaques. Memorial tablets or commemorative plaques installed by an historical agency, including cornerstones for buildings. 10. Scoreboards. Scoreboards used for athletic events, provided they do not exceed twenty (20)feet in height and sixtyfour(64) square feet in size. 11. Holiday Decorations. Decorations, clearly incidental and customary and commonly associated with any national, local or religious holiday. 12. Signs Affixed to Vehicle. Any signs permanently affixed to a truck, train, automobile, airplane or other operable vehicle that is not placed in a location for the purpose of advertising a product,service or activity or to direct people to a business or activity located on the premises or nearby. 13. Flags. Flags of any state, nation, government and any other flag not specifically used for advertising purposes. Flags shall not exceed sixtyfour(64) square feet in size. 14. Works of Fine Art. Works of fine art that in no way identify or advertise a product or LAND USE REGULATIONS 4-24 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS business. 15. Religious Emblem.Any religious emblem or insignia. 16. Addresses. Mail boxes,address numbers or residential nameplates. 17. Gravestones.Any gravestone. SECTION 4-320. PROHIBITED SIGNS The following types of signs or advertising devices are expressly prohibited in all zone districts: A. Structurally Unsafe.Signs that are structurally unsafe or constitute a hazard to safety or health by reason of inadequate maintenance or dilapidation. B. Signs Blocking Ingress or Egress. Signs that have been installed or maintained so as to prevent free ingress or egress from any door,window or fire escape. No sign of any kind shall be attached to a stand pipe or fire escape, except those signs that may be required by other codes, regulations, or ordinances. C. Signs Obstructing Visibility. Signs that obstruct or interfere with traffic signs or signals or with the visibility of operators of vehicles, bicycles or other conveyances using the public right of way or that are located within a clear vision area. D. Signs Resembling Traffic Control Devices. Signs that are of a size, location,movement,content, coloring or manner of illumination that may be confused with or construed as a traffic control device,but have not been erected or authorized to be erected by a governmental agency. E. Metal Signs.Signs with metallic surfaces,unless such surfaces are treated to reduce reflection from sunlight or artificial illumination. F. Signs Creating Optical Illusion. Signs that create an optical illusion of movement by means of a design which presents a pattern capable of reversible perspective,giving the illusion of motion or changing of copy. G. Signs With Moving Parts. Signs with visible moving, revolving or rotating parts, flashing or fluttering lights or other illuminating devices that have a changing brightness or intensity or color or any mechanical movement or apparent movement achieved by electrical,electronic or mechanical means, except for time,temperature and date signs or holiday decorations. H. Displays With Open Light Bulbs. External displays,other than temporary decorative holiday lighting,that consist of unshielded or open light bulbs. I. Signs Making Sounds. Any sign that contains a radio, phonograph, whistle, bell or other soundmaking device. LAND USE REGULATIONS 4-25 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID.A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS J. Signs Without Adequate Clearance From Power Lines. Signs that have been constructed or maintained with less horizontal or vertical clearance from authorized communication or energized electrical power lines than that prescribed by State law. K. Off-Premises Signs. Signs not located upon the property or business identified or advertised by the sign. L. Vehicle Signs. Signs placed on vehicles or trailers that are parked or located for the apparent purpose of advertising a product, service or activity or to direct people to a business or activity located on the premises or nearby. M. Portable Signs. Portable or wheeled signs or advertising devices, except for operable and licensed motorized vehicles and licensed trailers used in the pursuit of regular daytoday business having the name of the permitted use(s) or service(s)offered. N. Obsolete Signs. Signs that are located on property that becomes vacant and unoccupied for a period of six (6) months or more, or a sign that pertains to a time, event or purpose that no longer applies shall be considered obsolete. The sign face of an obsolete sign shall be removed by the owner of the sign or the owner of the property. A sign that is not so removed by the owner may be removed by the Planning Director, as authorized by Section 4-370, Violations and Penalties. Provided, however, that the following types of signs shall be excepted from these provisions: 1. Exception for Change of Ownership. Permanent signs displayed on a business temporarily suspended because of a change of ownership or management of the business shall not be construed to be obsolete unless the property remains vacant or the business is closed for a period of six(6)months or more. 2. Exception for Seasonal Business.Permanent signs displayed on a business that is open only on a seasonal basis shall not be construed to be obsolete unless the property remains vacant or the business is closed for a period of twelve(12)months or more. O. Obscene Signs.Signs or pictures of an obscene,indecent or immoral character,such as will offend public morals or decency in accordance with constitutional standards. P. Three Dimensional Signs.Three(3)dimensional signs,such as statues,real or simulated,utilized for advertising purposes. Q. Balloons. Balloons or similar types of lighterthanair objects tethered to the ground by lines or other methods, except for those used in conjunction with special events that do not exceed three (3)days in duration. R. Signs on Natural Features. Signs painted on rocks or other natural features. LAND USE REGULATIONS 4-26 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS SECTION 4-330. SIGN STANDARDS APPLICABLE IN ALL ZONE DISTRICTS A. Relationship to Other Regulations. The County's sign standards recognize other regulations pertaining to signage (such as the State of Colorado, Department of Highways, "Rules and Regulations Pertaining to Outdoor Advertising," effective January 1, 1984). Where any provision of this Section covers the same subject matter as other applicable regulations, the more restrictive regulation shall apply. B. Signs Limited to On-Premises Advertising. Signs shall identify or advertise interests conducted only on the lot of the sign location. C. Comprehensive Sign Plan. All buildings or lots containing more than one (1) business shall be required to submit a comprehensive sign plan showing all proposed signage in the building or lot. The comprehensive sign plan shall allocate to individual businesses their portion of the total sign area permitted for the building or lot. It shall also contain provisions that ensure that all signs in the building or on the lot will have a consistent appearance in terms of color, size, shape, lettering, graphics and illumination. D. Conform to Other Codes. Signs and sign structures shall be designed and constructed to conform to the National Electric Code, including but not limited to consideration for wind loads, seismic loads, allowable stresses, materials and anchorage requirements. The following shall also be required: (am. 12/01/24) 1. Safety Standards. a. Wind Load. Signs over ten (10) feet in height and/or forty (40) square feet in surface area shall be engineered to withstand a wind loading of a minimum of thirty (30)pounds per square foot of sign area without failure of face retention system or sign structure. Engineering data sufficient to prove the reliability of the structure and the foundation shall be submitted with the drawings at the time of permit application. b. Electric Wiring. Electrical wiring for energizing an electrical sign shall be underground, in the case of freestanding signs, and behind the sign cabinet, in the case of wall or projecting signs. All electrical work shall be in conformance with the National Electric Code, which may require an electrical permit that will be subject to review by the Eagle County Building Department. (am. 12/01/24) c. Support. Roof signs, signs mounted on marquees, or projecting signs, shall be engineered in such a manner that no guy wires are needed for support, other than for the sign structure itself. d. Damage By Moving Vehicles. Anchors and supports shall be guarded and protected when near driveways, parking lots or similar locations where they could be damaged by moving vehicles. Signs attached to masonry, concrete or steel LAND USE REGULATIONS 4-27 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS shall be safely and securely fastened thereto by means of metal anchors, bolts or approved expansion screws of sufficient size and anchorage to safely support the loads applied. No anchor or support of any sign, except flat wall signs, shall be connected to or supported by a parapet wall that is not braced. e. Unsafe Signs Are a Violation. Signs in danger of falling down or that become insecure or otherwise represent an unsafe condition shall constitute a violation under the provisions of this Division and shall be removed or corrected by the sign owner. 2. Maintenance Standards. Signs and sign structures shall be maintained at all times in a state of good repair,with all braces,bolts,clips,supporting frame and fastenings free from deterioration, insect infestation, rot, rust or loosening. All signs shall be kept neatly finished, including all metal parts and supports thereof that are not galvanized or of rust resistant metals. E. Sign Area Measurement. 1. Area To Be Measured. The area of a sign shall be measured in conformance with this Section,provided that the structure or bracing of a sign shall be omitted from measurement unless such structure or bracing is made part of the message or face of the sign. Where a sign has two(2)display faces,the area of one(1)side shall be considered the total area for that sign. 2. Sign With Backing. The area of all signs with backing or a background, material or otherwise,that is part of the overall sign display shall be measured by determining the sum of the areas in each square,rectangle,triangle,portion of a circle or any combination thereof that creates the smallest single continuous perimeter enclosing the extreme limits of the display surface or face of the sign including all frames,backing, face plates,nonstructural trim or other component parts not otherwise used for support. 3. Signs Without Backing. The area of all signs without backing or a background, material or otherwise, that is part of the overall sign display shall be measured by determining the sum of the areas of each square,rectangle,triangle,portion of a circle or any combination thereof that creates the smallest single continuous perimeter enclosing the extreme limits of each word, written representation (including any series of letters), emblems or figures of similar character. 4. Combined Signs. The area of any sign having parts both with and without backing shall be measured by determining the total area of all squares, rectangles, triangles,portions of a circle or any combination thereof constituting the smallest single continuous perimeter enclosing the extreme limits of either of the following combinations: a. Display Surface. The display surface or face of the sign including all frames, backing, face plates,nonstructural trim; or LAND USE REGULATIONS 4-28 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS b. Other Parts. Other component parts not otherwise used for support. F. Illumination. Illumination of any sign permitted by this Division shall meet the following standards: 1. Shade, Shield or Direct. Illuminated signs shall be shaded, shielded or directed to not cause glare or otherwise adversely impact residential areas. 2. Not Cause Hazard.Neither the direct or reflected light from any light source shall create a traffic hazard to operators of motor vehicles on public thoroughfares or approaches to public thoroughfares. 3. Not Blink, Flash or Move. No sign shall have blinking, flashing, moving or fluttering lights or other illuminating devices that have a changing light intensity,brightness or color. 4. Not Resemble Traffic Device. Colored lights shall not be used at any location or manner so as to be confused with or construed as a traffic control device. G. Height and Setback Calculation. Height and setback calculations for signs in all zone districts shall be determined by the following method: No sign shall extend above the planes formed by intersecting imaginary lines from the lot lines to the setback lines, at a height of twenty-five (25) feet, (when existing building(s) conform to the required setbacks)or to the top of the tallest building on the lot,whichever is greater. The truncated pyramid formed by these planes is the height/setback limit. All signs in all zone districts shall conform to the above calculation, unless specifically exempted. Refer to the illustration on the following page. LAND USE REGULATIONS 4-29 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS HEIGHT/SIGN SETBACK CALCULATION PROPERTY LINE / 25' BUILDING SETBACK 4--ACTUAL BUILDING HEIGHT OR HEIGHT/SETBACK LIMITATION LINE THE SIGN NAY BE SET ANYWHERE WITHIN THfs PROPERTY LINE TRUNCATED PYRAUD - 25' OR 50' SETBACK —�� BUILDING SETBACK LINE The formula for calculating Example: Setback requiremnet for an 8" high sign sign height and/or setback on a vacant lot with o 50' setback is: is: sign setback = sign height ' = - - =16' from the property line. bldg. setback bldg_ height 50 25 SECTION 4-340. SIGN STANDARDS APPLICABLE TO SPECIFIC ZONE DISTRICTS A. Signs Allowed in All Residential, Agricultural and Resource Zone Districts. The following signs shall be allowed by sign permit in all Residential, Agricultural and Resource Zone Districts, as identified in Section 3-210, Residential, Agricultural and Resource Zone Districts. 1. Residential Identification Sign.One(1)residential building,lot or occupant identification sign per dwelling unit (identifying the name and/or address), provided the total sign area does not exceed twelve(12) square feet. LAND USE REGULATIONS 4-30 EAGLE COUNTY, COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS 2. Special Use Identification Sign. One (1) identification sign per approved special use, provided the total sign area does not exceed thirty-two (32) square feet, or as further restricted under the conditions of the special use permit. 3. Subdivision Identification Sign. One (1) identification sign per subdivision entrance in residential developments, provided that the sign area of each sign shall not exceed thirty-two (32) square feet and the maximum height of such signs shall not exceed eight (8)feet. Such signage shall not be required to meet the height/setback calculation,provided that the sign shall not be located within an intersection clear zone and shall not impede drainage. 4. Identification Sign for Model Home. One (1) identification sign per model home within an approved subdivision, provided that the sign area does not exceed sixteen(16) square feet and the maximum height shall not exceed six (6) feet. Such signage shall not be required to meet the height/setback calculation,provided that the sign shall not be located within an intersection clear zone and shall not impede drainage. 5. Sign For Vacant Land. One (1) sign for the sale, rent or lease of vacant land, provided that the total sign area shall not exceed sixteen(16)square feet,the sign is not illuminated, and the sign is limited to one (1) sign per parcel, lot, or group of contiguous lots under single ownership. Said sign shall be removed within seven(7)days following completion of the land sale,rental or lease. 6. Sign For Dwelling Units. Signs for the sale, rental or lease of dwelling units under construction or to be constructed, provided that no more than one (1) sign is located adjacent to each street abutting the subdivision, and providing that the total sign area of each sign does not exceed sixteen (16) square feet. No such sign shall remain erected for more than two(2)years or until the last dwelling unit is sold,whichever comes first. 7. Construction Sign. One (1) construction sign for each construction project not to exceed thirty-two(32)square feet in sign area. Two(2)individual tradesmen may display separate signs, not to exceed sixteen (16) square feet each, in addition to the thirty-two (32) square foot construction sign. Such signs may be erected ten (10) days prior to beginning construction and shall be removed after six (6) months or upon completion of construction whichever is later. Construction signs shall not count toward the total sign area allowed per lot. B. Signs Allowed Only in Certain Residential,Agricultural and Resource Zone Districts.The following signs shall only be allowed by sign permit in the residential, agricultural or resource zone districts specified herein. 1. Signs Advertising Products Raised on Premises. Signs advertising the sale of products produced or raised on the premises shall be allowed in the Resource(R),Resource Limited (RL), Agricultural Residential (AR), Agricultural Limited (AL), Rural Residential (RR) and Fulford Historical(FH)zone districts,provided that the total sign area shall not exceed twentyfour(24) square feet and shall not be illuminated. LAND USE REGULATIONS 4-31 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS 2. Directory Sign. One (1) directory sign shall be allowed for each lot, parcel, or group of contiguous lots under single ownership located in the Residential Suburban Low Density (RSL), Residential Suburban Medium Density (RSM), Residential Multi-Family (RMF) zone districts. The sign shall not exceed sixteen (16) square feet in sign area or eight(8) feet in height. Directory signs may be illuminated, in compliance with the provisions of this Division. One(1)individual directory sign,not exceeding eight(8)square feet in sign area, shall also be permitted for each multifamily structure. C. Signs Allowed In Commercial And Industrial Zone Districts. The following signs shall be allowed by sign permit in the Commercial and Industrial zone districts identified in Section 3-220, Commercial and Industrial Zone Districts. 1. Individual Business Signs. Individual businesses shall not exceed one (1) square foot of sign area per linear foot of building frontage for the first thirty-two(32) feet and one-third (1/3) of a square foot of sign area per linear foot of building frontage in excess of thirty-two (32) feet. In no case shall the total sign area for an individual business exceed a maximum of sixty-four(64) square feet,per street frontage. 2. Multiple Business Signs. Multiple businesses (business or shopping centers) shall be required to submit a comprehensive sign plan showing all proposed signage within the business center. The comprehensive sign plan shall comply with the provisions of Section 4-340.D.2., Comprehensive Sign Plan and the following standards: a. Business Center. The business center itself shall be allowed one (1) square foot of sign area per linear foot of building frontage for the first thirty-two(32)feet and one-third(1/3)of a square foot of sign area per linear foot of building frontage in excess of thirty-two (32) feet. In no case shall the total sign area for a business center exceed a maximum of sixty-four(64) square feet,per street frontage. b. Individual Business.Each individual business within the business center shall be allowed twenty (20) square feet of sign area in addition to that permitted for the business center. c. Allocation to Businesses. Allocation of total aggregate sign area to individual businesses or tenants is not specified by these Regulations,but instead shall be the responsibility of the property owner or authorized agent. 3. Directory Sign. One(1)directory sign per street frontage shall be allowed,identifying the individual businesses within the business center, provided that the total sign shall not exceed forty (40) square feet in area nor ten (10) feet in height. The directory sign shall not be included in the total sign area allowed for the business center, and shall not be required to meet the height and setback calculation, provided that the sign shall not be located within an intersection clear zone nor shall it impede drainage. LAND USE REGULATIONS 4-32 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS 4. Directional Signs. Directional signs shall be allowed,provided that the total sign area of each sign shall not exceed six (6) square feet or eight(8) feet in height. Directional signs shall not be included in the total sign area allowed per individual business or multiple business and shall not be required to meet the height/setback calculation,provided that the signs shall not impair visibility for traffic movement and shall not impede drainage. 5. Sign for New Business. One(1)sign shall be permitted for each new or relocated business, for a period not to exceed thirty(30)days,to allow the business sufficient time to install a permanent sign. The area of the sign shall not exceed thirtytwo (32) square feet, which shall not be included in the total sign area allowed for each business. 6. Sale,Rent or Lease Sign. One(1)for sale,for rent or for lease sign per business shall be allowed,provided that the total sign area of each sign shall not exceed sixteen(16) square feet in sign area. Said sign shall be removed within thirty (30) days of completion of the sale, rent or lease of the business. This temporary sign shall not be included in the total sign area allowed for each business. 7. Sign for Vacant Land. For sale, for rent or lease signs advertising vacant land shall be allowed, provided that the total sign area of all such signs shall not exceed sixteen (16) square feet and shall be limited to one (1) sign per parcel, lot or group of contiguous lots under single ownership. Said signs shall be removed within seven (7) days following completion of the land sale, rental or lease. These signs shall not be included in the total sign area allowed for each business. 8. Construction Sign. One (1) construction sign for each construction project shall be allowed, not to exceed thirty-two (32) square feet in sign area. Two (2) individual tradesmen may display separate signs not to exceed sixteen(16)square feet each in addition to the thirty-two (32) square foot construction sign. Such signs may be erected ten (10) days prior to beginning construction and shall be removed after six (6) months, or completion of construction,whichever is later. Construction signs shall not be included in the total sign area allowed for each business. 9. Window Signs. Window signs shall be allowed,provided that no more than twenty-five (25) percent of the exterior window area, per street frontage, is covered by signs. Window signs shall not be included in the total sign area allowed for each business. D. Signs Allowed in a Planned Unit Development(PUD). 1. PUD Sign Plan. Signs within a Planned Unit Development(PUD) shall comply with all provisions of this Division,unless specifically varied by the approval of a comprehensive sign plan for the development. If a comprehensive PUD sign plan has been approved by the Board of County Commissioners, the provisions of that sign plan shall supersede any conflicting parts of this Division: 2. Comprehensive Sign Plan. Any Planned Unit Development may, by or through its managing body, submit to the County a comprehensive sign plan for the control and LAND USE REGULATIONS 4-33 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID.A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS regulation of signs within the PUD. The application and review procedures to amend an approved PUD,as specified in Section 5-240 F.3.m.,Amendment, shall be followed for the review and approval of the PUD sign plan and any amendments thereto. 3. Application and Review Procedures. No application for a sign permit in a PUD shall be approved by Eagle County unless the application has been authorized for submission by the managing body of the PUD. Applications shall be submitted to the Eagle County Planning Department, together with two (2) copies of a sketch of the proposed sign(s)and any other pertinent information. The staff shall review the application to determine whether the proposed signage is consistent with the comprehensive PUD sign plan, as approved by the Board of County Commissioners. SECTION 4-350. PROCEDURE TO OBTAIN A SIGN PERMIT The following procedure shall be followed in order to erect and maintain a sign after the effective date of these regulations (which was February 21, 1989). A sign permit shall also be required at any time the area of an existing sign is increased. A. Permit Required. A sign permit for all signs shall be obtained from the Planning Department, unless the sign is specifically listed as exempt, pursuant to Section 4-310 B., Exempt Signs. No permit shall be required for the maintenance of a sign or for a change of copy, provided that the sign conforms to the standards of this Division. B. Pre-Existing Signs. A sign permit shall not be required for signs erected prior to May 8, 1978, provided that said signs conform to the standards of this Division. C. Application Form. Application for a permit to erect or display a sign in Eagle County shall be made to the Eagle County Planning Department on standard forms provided by the Department. Application forms shall be completed and signed by the property owner or authorized agent, and submitted with the appropriate fee, as established from time-to-time by Eagle County. Only complete applications shall receive consideration for approval. D. Drawing. All requests for a sign permit shall be accompanied by a drawing that is fully drawn to dimensions, showing the sign structure and proposed lighting. A site plan shall also be submitted, showing the location, setbacks, height and sign area of all proposed and existing signage on the lot. E. Electrical Permit.All requests for a new illuminated sign or that require replacement or extension of electrical wiring shall be accompanied by an application for an electrical permit. F. Inspection. The applicant shall request an inspection by Eagle County within three (3)months of the date of issuance of a sign permit. The sign permit shall expire three(3)months after its date of issuance if the sign has not been inspected and received final approval. A single three (3) month time extension may be granted by the County, if the extension is requested by the applicant in writing prior to expiration of a valid permit. LAND USE REGULATIONS 4-34 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS G. Permit is For Life of Sign.A sign permit shall be issued for the life of the sign. H. Amendments. If, after a sign permit has been issued by Eagle County, it becomes necessary to change, modify, or alter the structural characteristics of the sign, or otherwise deviate from the terms or conditions of said permit,such amendment may be allowed,upon approval by the County, without additional permit fees being assessed. Such approval may only be granted by the County upon a finding that said amendment conforms to the provisions of this Division. A written record of such approval shall be entered upon the original permit application and maintained in the files of the Eagle County Planning Department. SECTION 4-360. NONCONFORMING SIGNS A. General Provisions. Section 4-300, Purpose, describes the County's intentions for the administration of signs in Eagle County. In order to reach those intentions,the eventual termination of signs that do not conform to these regulations is both reasonable and desirable. B. Policy for Legally Nonconforming Signs. The provisions of this Section allow nonconforming signs to continue, while at the same time assuring that the neighborhood in which the nonconforming sign exists will eventually benefit from the substantial compliance of permanent and temporary signs with these regulations. C. Determination That Sign is Legally Nonconforming.A legally nonconforming sign is any sign that: 1. Does Not Conform to Original Sign Regulations.Was lawfully erected as of the effective date of this Division, which was February 21, 1989, and has been lawfully maintained in accordance with the provisions of any prior regulations, but does not conform to this Division; or 2. Does Not Conform to Amended Sign Regulations. Was lawfully erected as of or after the effective date of this Division, which was February 21, 1989, and has been lawfully maintained in accordance with the provisions of this Division,but which sign,by reason of amendment to the provisions of this Division after the effective date hereof, does not conform to this Division. D. Continuation of Legally Nonconforming Signs. 1. Sign May Not Be Changed. Any legally nonconforming sign may be continued in operation and maintained after the effective date of this Division,which was February 21, 1989, provided no such sign shall be changed in any manner that increases the nonconformity of such sign. 2. Burden Rests Upon Owner. The burden of establishing a sign to be legally nonconforming under this Division rests entirely upon the person claiming such status for a sign. LAND USE REGULATIONS 4-35 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS E. Termination of Legally Nonconforming Signs. The right to use, operate or maintain a legally nonconforming sign shall terminate upon any of the following: 1. Abandonment. Signs pertaining to activities or occupants that are no longer using a property shall be removed from the premises within six (6) months after the associated activity or occupant has vacated the premises. Any such sign not removed within the required period shall constitute a nuisance and shall be subject to removal by action of Eagle County. 2. Violation. Any violation of this Division and/or any preexisting Eagle County sign provisions shall immediately terminate the right to maintain such sign. 3. Destruction,Damage or Obsolescence.The right to maintain any legally nonconforming sign shall terminate whenever the sign sustains damage in excess of fifty (50)percent of its replacement cost,or becomes obsolete or substandard to the extent that the sign becomes a hazard. 4. Condemnation. The Board of County Commissioners may choose to condemn a nonconforming sign. Recommendations for condemnation may be made by the Planning Director,when the sign is found to be in violation of this Division. 5. Failure to Maintain. The right to continue use of a legally nonconforming sign shall terminate if the sign is not maintained in good structural and visual condition, as determined by the Board of County Commissioners,based upon the recommendations of the Planning Director. SECTION 4-370. VIOLATIONS AND PENALTIES A. Inspection and Order to Repair.The Planning Director shall inspect and shall have the authority to order the repair, alteration, painting or removal, at the owner's expense, of any sign that constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation or obsolescence. B. Written Order. When the Planning Director finds that a violation of this Division exists,he shall issue a written order to the alleged violator. The order shall specify those provisions of this Division that the individual may be in violation of and shall state that the individual has ten(10)days from the date of the order in which to correct the alleged violation, or to file a variance application with the Planning Department. C. Removal of Obsolete Sign. If, upon inspection, the Planning Director finds that a sign has been abandoned, he shall issue a written order to the owner of the sign and/or owner or occupant of the premises stating the nature of the violation and requiring that person to remove or repair the sign within ten (10)days from the date of the order. In cases of emergency, the Planning Director may cause the immediate removal of any sign that endangers the public or is structurally, materially, electrically or otherwise defective, without notice, at the expense of the owner of the sign or premises. LAND USE REGULATIONS 4-36 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS D. Removal of Prohibited Sign. In the case of a prohibited sign, the sign owner or owner of the premises shall be required to remove the offending sign(s)within two(2)days of receipt of written notification served on the sign owner or owner of the premises personally, or by certified mail, return receipt requested. If return receipt is not received within ten (10) days, then the Planning Director shall serve the notice upon the alleged violator. If the sign is not removed two (2) days thereafter, then the County may remove the offending sign(s) and recover the costs from the owner of the sign(s)or the premises. E. Sign Does Not Comply With Permit.If the Planning Director finds that the sign under any permit issued does not comply with the information supplied in the permit application and/or is in violation of this Division, or finds that there has been any misrepresentation in connection with the application for the permit,he shall notify the sign owner of such findings and notify the sign owner that the violation must be corrected within five (5)working days. The sign owner shall have five (5) working days in which to reply to such notification. If such correction is not made within the five (5) day period, the Planning Director shall revoke the permit and shall serve written notice thereof upon the sign owner. F. Violation. It is a violation of this Division for any person to perform or order the performance of any act that is contrary to the provisions of this Division,or to fail to perform any act that is required by any of the provisions hereof. In the case of a continuing violation, each twentyfour (24)hour period in which the violation exists constitutes a separate violation. G. Penalties. Penalties for violations of this Division shall be as provided in Article 7, Enforcement. LAND USE REGULATIONS 4-37 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS DIVISION 4-4. NATURAL RESOURCE PROTECTION STANDARDS SECTION 4-400. PURPOSE The purposes of this Division are: (1) to provide for the protection of wildlife, riparian areas and other natural resources; (2) to ensure that development on steep and unstable slopes and other areas subject to geologic hazards is accomplished in a manner that protects the safety of inhabitants and minimizes environmental and aesthetic impacts;and(3)to preserve ambient air quality and water quality and quantity, to maintain the County's healthy, attractive mountain environment for residents and visitors. SECTION 4-410. WILDLIFE PROTECTION A. Purpose. As natural land and native wildlife habitat is developed for human use, the need to minimize the negative impact of humans on wildlife and their habitat increases. The purpose of the Wildlife Protection Section is to protect and maintain wildlife in Eagle County and minimize the risk of dangerous interaction between humans and wildlife. This is done through the development review process whereby potential wildlife habitat is identified and appropriate avoidance, minimization and/or impact mitigation techniques are suggested that will sufficiently protect the wildlife species and their habitats. (am 3/12/02) B. Wildlife Analysis. 1. Applicability. At the discretion of the Planning Director, the provisions of this Section may apply to any application for a Special Use Permit, Subdivision or Planned Unit Development(PUD). (am 3/12/02) 2. Procedure for Wildlife Analysis. An applicant for development that is subject to the provisions of this Section 4-410.B, Wildlife Analysis, shall submit a Wildlife Analysis as part of the application. The purpose of the Wildlife Analysis is to identify the location of wildlife habitat or migration routes, determine potential impacts of development, and identify appropriate avoidance, minimization, and/or impact mitigation techniques. The County encourages the assistance of competent professional technicians at this stage of the planning process. (am 3/12/02) 3. Referral to Colorado Parks and Wildlife. As part of the review of the application, the Planning Director, shall refer to the Colorado Parks and Wildlife(CPW)all applications as identified in Section 4-410.B.1, Applicability. Referral of Final Plat applications will be at the discretion of the Planning Director. (am 3/12/02) 4. Review by CPW. CPW will be requested to review the application and determine whether there is potential impact to wildlife habitat or migration routes. During their review, CPW should take into consideration potential impacts to the following: a. Elk Migration Corridors and Patterns LAND USE REGULATIONS 4-38 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS b. Elk Production Areas c. Elk Severe Winter Ranges and Winter Concentration Areas d. Mule Deer Staging Areas and Migration Corridors e. Mule Deer Severe Winter Ranges, Winter Ranges, and Winter Concentration • Areas f. Bighorn Sheep Migration Patterns g. Bighorn Sheep Winter Concentration Areas h. Bighorn Sheep Production Areas i. Bald Eagle Roost Sites j. Golden Eagle Nest Sites k. Peregrine Falcon Nest Sites 1. Sage Grouse Production Area m. Lynx Occupied Habitat. n. Other pertinent wildlife habitat or activity areas. (am 3/12/02) 5. Recommendation By CPW. Considering the potential impact to wildlife, the CPW shall review the application, including the Wildlife Analysis, and make recommendations pertaining to important habitat or migration routes of wildlife species which may be affected by the proposed development. The recommendation shall identify appropriate avoidance,minimization, and/or impact mitigation techniques. (am 3/12/02) 6. Consideration. The County shall consider the content of the Wildlife Analysis and the recommendations of the CPW during the development review process. (am 3/12/02) C. Wildlife Proof Refuse Container/Dumpster Enclosure Standards (orig. 3/12/02) 1. Applicability. The provisions of this Section shall apply to any application for a Special Use Permit, Subdivision or Planned Unit Development (PUD). The provisions of this Section may apply entirely or in part to the application for a Limited Review at the discretion of the Planning Director. 2. Definitions. LAND USE REGULATIONS 4-39 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID.A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS a. Wildlife-any undomesticated animal,including but not limited to elk,deer,sheep, lynx, skunks, squirrels, bears, raccoons, coyotes, mountain lions, bobcats and foxes. b. Wildlife Proof Refuse Container-a fully enclosed container constructed of non- pliable material to prevent access by wildlife and meets the standards of these Land Use Regulations. A dumpster, or similar trash receptacle of heavy construction may be a Wildlife Proof Refuse Container. c. Wildlife Proof Dumpster Enclosure-a fully enclosed structure consisting of four sides and a roof or cover of sufficient design and construction to prevent access by wildlife. The door or cover must have a latching mechanism, the sides of the structure must extend to within two inches of the ground, and ventilation openings must be covered with a heavy gauge steel mesh or other material of sufficient strength to prevent access by Wildlife. Wildlife Proof Dumpster Enclosures are subject to all building codes and planning and zoning requirements. • d. Wildlife Resistant Refuse Container - a fully enclosed container that can be constructed of pliable materials but must be reinforced to deter access by wildlife. 3. General Requirements. a. Refuse Container Design. All refuse containers, regardless of size, that receive wastes shall be either a Wildlife Proof Refuse Container as recommended by the Division of Wildlife (All Refuse Haulers will be issued a list of recommended refuse containers created by the county with direct input by the Colorado Parks and Wildlife. This list will be kept on record at the Eagle County Building), or a Wildlife Resistant refuse container which is stored within a building, house, garage, or approved Wildlife Proof Dumpster Enclosure. The lid must fit tightly and have a latching mechanism resistant to animal access. Any refuse container and/or dumpster which has been compromised by wildlife shall be replaced within 14 days. b. Dumpster Design. All dumpsters,regardless of size,that receive food waste shall be of a design that is Wildlife Proof, with drain holes no greater than one(1) inch in diameter. Dumpster lids must have a closure mechanism and/or a latching device and be approved by the Colorado Parks and Wildlife,or their designee. All lids must: (1) Fully enclose(cover)the dumpster opening; (2) Have edges that fit flush(not turned up or bent); (3) Have closure mechanisms which will withstand opening by an animal and will remain closed when on their side or upside down; LAND USE REGULATIONS 4-40 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS (4) Have acceptable latching devices, such as cables,bars and/or handles and must lock into place with a pin or other mechanism; and (5) Be constructed to withstand the weight of a full grown bear (approximately 450 pounds). c. Outdoor Compactor Design. Compactors must be Wildlife Proof. No trash may be exposed and doors must be kept closed except when loading or removing refuse. d. Time Limit. Refuse for curb-side pick up shall only be allowed to remain by the curb during daylight hours. Refuse containers which do not meet the standards of Section 4-410.C.3. "General Requirements,"must be wildlife resistant and may only remain outdoors from dawn to dusk on the day of trash pick-up. SECTION 4-420. DEVELOPMENT IN AREAS SUBJECT TO GEOLOGIC HAZARDS A. Purpose. There are certain types of lands in Eagle County that have the potential to pose hazards to human life and safety and to property due to their geologic characteristics. These lands include, but are not limited to, avalanche hazard areas, rockfall hazard areas, landslides, debris fans, talus slopes, areas containing expansive soils and rocks, and areas susceptible to ground subsidence. Development in these hazard areas also has the potential to cause significant impacts on the environment, including loss of soil and vegetation cover, which can cause increased runoff and consequent erosion and sedimentation. (am. 02/06/07) These regulations are intended to ensure that development avoids geologic hazard areas whenever possible. Where it is not possible for development to avoid these areas,mitigation techniques shall be provided to reduce or minimize the potential impacts of these hazards on the occupants of the property and,as applicable,the occupants of adjacent properties. B. Maps Incorporated. There are two(2)sets of maps that depict the potential geologic hazard areas in unincorporated Eagle County. The first such map set is known as"Bedrock Geological,Surficial Deposits and Potential Geologic Hazards Map, Eagle County, Colorado", prepared by Charles S. Robinson and Associates, Inc., Golden, Colorado, 1975. The second such map set is known as "Bedrock Geological, Surficial Deposits and Potential Geologic Hazards Map, Eagle County, Colorado",prepared by Allan E.Miller,Consulting Geologist,Steamboat Springs,Colorado, 1977- 78. These two(2)maps sets are hereinafter referred to collectively as"The Eagle County Geologic Hazard Maps" and are hereby incorporated herein by reference. A copy of the map sets are available for review by the public in the Office of the Planning Director during normal business hours. C. Applicability. The.provisions of this Section 4-420, Development in Areas Subject to Geologic Hazards, shall apply to the following: (am. 02/06/07) 1. Lands Designated on Geologic Hazard Maps. Applications for Building Permit, Subdivision Exemption, Subdivision, Special Use, or Planned Unit Development LAND USE REGULATIONS 4-41 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS proposed on lands that are designated on the Eagle County Geologic Hazards Maps as avalanche hazard areas, rockfall hazard areas, landslides, debris fans, talus slopes, areas containing expansive soils and rocks, and areas susceptible to ground subsidence. 2. Exemptions. The following types of development shall be exempt from the provisions of this Section 4-420, Development in Areas Subject to Geologic Hazards. a. Previously Subdivided Lot. The development of a single-family residence duplex, multi-family structure,commercial,industrial or institutional structure on a lot that, received prior subdivision approval by Eagle County and,which bears the Board of County Commissioners Certificate. Also, any development conducted pursuant to a valid, approved special use permit shall be exempt. The development of said uses shall comply with any geologic hazard mitigation requirements applied by Eagle County to the approval of the subdivision, Planned Unit Development or Special Use Permit. (am. 02/06/07) b. Existing Structure. The remodeling,repair,restoration,alteration or expansion of any existing structure. D. Procedure. 1. General. Review of development that is subject to the provisions of this Section 4-420, and shall require referral of the application to the Colorado Geological Survey(CGS). 2. Geologic Hazards Analysis. An applicant for development that is subject to the provisions of this Section 4-420, Development in Areas Subject to Geologic Hazards, shall submit a Geologic Hazards Analysis. The purpose of the.Geologic Hazards Analysis is to determine, on a site specific basis, the location and degree of severity of the geologic hazards encumbering the property. The Geologic Hazards Analysis shall be prepared by a professional qualified geologist or registered engineer who has the expertise to map and evaluate geologic hazards and to assess their potential impacts on the development. The map depicting slopes may be prepared by a surveyor registered in Colorado. (am. 02/06/07) a. Building Permit Applications. For development requiring a Building Permit,the application shall include those materials described under Subsection 4- 420.D.2.e.(2), Preliminary Plan/Special Use Permits, in addition to the materials required for the Building Permit application pursuant to Chapter III of these Regulations. (orig. 03/09/23) b. Subdivision Exemption.For development requiring a Subdivision Exemption,the application shall include those materials described under Subsection 4- 420.D.2.e.(2), Preliminary Plan/Special Use Permits, in addition to the materials required for the Subdivision Exemption application pursuant to Article 5, Section 5-270 Subdivision Exemption. (orig. 03/09/23) LAND USE REGULATIONS 4-42 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS c. Minor Subdivision. For development requiring a Minor Subdivision of land, excluding condominium maps, subdivision of townhomes, duplexes or patio homes, and lot line adjustments, the application shall include those materials described under Subsection 4-42O.D.2.c.(2),Preliminary Plan/Special Use Permits in addition to the materials required for a Minor Subdivision application pursuant to Article 5, Section 5-290 Minor Subdivision. (orig. 02/06/07) d. Development Involving Subdivision, Special Use Permit, or Planned Unit Development Review. For any development subject to the procedures and standards of this Section that involves Subdivision, Special use Permit, or Planned Unit Development review, the Geologic Hazards Analysis shall be submitted in two(2) steps,as follows: (orig. 03/09/23) (1) Sketch Plan. The Geologic Hazards Analysis submitted with the sketch • plan shall provide an initial investigation of the feasibility that the development can comply with this Section. It shall contain the following materials: (a) Map. A map of the property that depicts the general locations of geologic hazards regulated by this Section in relationship to planned development areas. The map shall depict contours at a minimum of ten(10)foot intervals. (am. 02/06/07) (b) Report. A brief report describing, in a general manner, whether the development is able to avoid the geologic hazards or proposes to mitigate the impacts of those hazards on the development. If mitigation is proposed, a general description of the form that mitigation is proposed to take shall also be provided. (2) Preliminary Plan/Special Use Permits. The Geologic Hazards Analysis submitted with the Preliminary Plan or Special Use Permit shall provide a site specific analysis of how the development will comply with this Section. It shall contain the following materials: (am. 02/06/07)(orig. 03/09/23) (a) Site Specific Analysis. A site specific analysis of the property that depicts the locations of geologic hazards regulated by this Section in relation to planned development areas. The map shall also provide an accurate survey depiction, at two (2) foot contour intervals, of those portions of the property that contain slopes in excess of thirty(30)percent. (b) Impact Evaluation. An evaluation of the potential impacts of the geologic hazards on the proposed development and potential impacts on any property surrounding the subject property. This LAND USE REGULATIONS 4-43 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS shall include an evaluation of any recent natural or human-made activity associated with the geologic hazards and shall provide an expert opinion as to the degree of severity of the potential geologic hazards. (am. 02/06/07) (c) Building Envelopes. For newly proposed development or redevelopment, building envelopes shall be utilized, where applicable, to ensure that structures will be located in areas free of geologic hazards or that have been properly mitigated as to all identified hazards. Subdivision Plat Notes shall be utilized to identify geological hazards present outside of platted building envelopes,as applicable. (am. 02/06/07) (d) Report. A complete report identifying how the proposed development will comply with the standards of this Section, including proposed hazard mitigation and avoidance measures. 3. Referral to Colorado Geological Survey. During the staff review of the application, the Planning Director shall refer the application and Geologic Hazards Analysis to CGS. Referral of Final Plat applications will be at the discretion of the Planning Director. The Report must be prepared by a registered professional engineer or geologist. a. Review By CGS.CGS shall review the application and Geologic Hazards Analysis and provide comments to the County on potential geologic hazards posed to persons and property. The purpose of this review is to make use of the expertise and judgment of CGS to evaluate the potential impacts of these hazards on development and to determine the appropriate avoidance or mitigation techniques that may best apply to the proposed development. (am. 02/06/07) b. Revision of Analysis May Be Required. If CGS determines there are geologic hazards on the property that are not shown on the Eagle County Geologic Hazard Maps and have not been addressed by the applicant, or that the Geologic Hazards Analysis is otherwise incomplete or inadequate, the County may require the applicant to revise the Geologic Hazards Analysis to properly address said hazards. 4. Recommendation By CGS. Considering the geologic characteristics of the property and potential geologic hazards associated with those characteristics, the CGS shall make recommendations regarding the potential impacts of the hazards and determine appropriate avoidance or mitigation techniques. 5. Consideration. The County shall consider the content of the Geologic Hazards Analysis and the recommendations of the CGS during the development review process. LAND USE REGULATIONS 4-44 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS SECTION 4-425. HILLSIDE DEVELOPMENT(orig. 02/06/07) A. Purpose. To protect the property and quality of life of present and future residents by regulating development on steep valley-side slopes. By requiring development that occurs upon steep slopes to adhere to specified review procedures, performance standards and design guidelines intended to implement the following design objectives: • 1. To enhance the quality of life of existing and future residents by the preservation and protection of the County's steep valley-side slopes; 2. To contribute to the natural hillside character of the existing neighborhoods and developments in the County by limiting the alteration to topography and natural drainage ways; 3. To preserve and protect the unique landforms and special natural features and aesthetic qualities of the hillside areas; 4. To ensure that new development is sensitive to the existing natural setting and that the protection design minimizes the removal of significant vegetation and natural features to the greatest extent practicable; 5. To integrate natural features into project design; 6. To respect the existing views toward and from steep valley-side slopes and privacy of the adjacent homes; 7. To encourage the use of innovative design techniques and solutions which minimize disturbance and protect sensitive areas; 8. To recognize community concerns related to development and its impact upon visually significant hillsides. B. Methodology. Adoption of regulations requiring that development on such slopes respect existing natural drainage ways, land forms, vegetation, visually sensitive areas, viewsheds and privacy considerations. C. Applicability. Except as provided in Section 4-425.G. hereof, the provisions of this Section 4-425 shall apply to applications for subdivisions,planned unit developments, special use permits and building permits, whether for single-family residential, duplex residential, multi-family residential, commercial, industrial or institutional structures, and including ancillary stormwater drainage appurtenances,access roads,driveways and parking areas,on land that contains slopes of thirty(30)percent or more. D. Application Requirements 1. Subdivisions,Planned Unit Developments and Special Use Permits. a. Minor Subdivisions. An application for minor subdivisions, excluding condominium maps, subdivision of townhomes, duplexes or patio homes, and lot line adjustments, shall include the materials described under this Section 4-425,in addition to the materials required under Article 5, Section 5-290 Minor Subdivision. LAND USE REGULATIONS 4-45 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID.A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS b. Subdivision and Planned Unit Development. An application for subdivision and planned unit development sketch plans and preliminary plans shall include the materials described under this Section 4-425, in addition to the materials required for subdivision application under Article 5, Section 5-280 Subdivision and/or Article 5, Section 5-240 Planned Unit Development District. ' c. Special Use Permits. An application for a special use permit shall include the materials required under this Section 4-425, in addition to the materials required under Article 5, Section 5-250 Special Uses. d. Required Materials. All subdivision,planned unit development and special use permit applications must include: (1) A slope analysis map shall be prepared by a professional engineer or professional land surveyor registered in the State of Colorado depicting the site contours as follows: (a) Sketch plans shall provide a topographic map that depicts contours at a minimum of ten(10)foot intervals. (b) Preliminary plans and special use permits shall provide a scaled site grading plan that depicts existing and proposed final grades with a maximum of two (2) foot contours. Site plans must illustrate the existing grades and improvements for the entire property in question unless the County Engineer approves a different area of interest. Areas on the map that contain slopes that are greater than 30%, and which will remain undisturbed, may be shown at ten(10) foot contours. (2) A scaled site plan including all existing and proposed improvements and pertinent natural features such as rock outcroppings and significant groupings of existing vegetation,prepared at a scale of 1"=50 feet or less; and (3) An impact evaluation report, i.e., a narrative evaluation of the potential impacts of development on slopes greater than 30% within the proposed development, as well as potential impacts on adjacent surrounding properties; the report shall include an evaluation of any natural or pre- existing human-made alterations to the natural site grade; conclusions and recommendations for grading procedures; soil design criteria for any structures or embankments required to accomplish the proposed grading; and, where necessary, slope stability studies, and recommendations and conclusions regarding site geology. LAND USE REGULATIONS 4-46 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS e. The topographic contour map, grading plan, site plan, elevation drawing and impact evaluation report evaluated for consistency with the governing zone district standards and in accordance with the following review criteria: (1) All standards of the governing zone district must be met (minimum setbacks,maximum height,lot coverage,driveway and road grades,access points, etc.); (2) Disturbance of the natural terrain should be minimized to the extent practicable: (a) Cuts and Fills should be minimized to the extent practicable and visually compatible stabilization measures should be used for Cut and Fill slopes; (b) Natural land forms should be preserved to the extent practicable and natural features such as slopes and rock formations should be incorporated into the site design to the extent practicable; (c) Existing,natural vegetation should be preserved and incorporated into the project design to the greatest extent practicable; (3) Visual impacts upon off-site areas should be avoided or reasonably mitigated: (a) Structures should be finished in earthtone architectural treatments and colors to make the structure less conspicuous as viewed from off-site. White and other light colors should be avoided. (b) Structures should be sited so that there is a mountain or hillside backdrop. (c) Existing vegetation should be preserved to the extent practicable and supplementary wildfire resistive landscaping introduced, to offset the visual impact of the structural mass on highly visible building sites. (Reference Colorado State Forest Service Publication 6.305,Firewise Plant Materials or, the version of this publication currently in effect.) Minimal water usage is recommended to avoid erosion and similar degradation of the site; where erosion control methods include hillside revegetation, temporary•irrigation may be utilized until the vegetation is established. LAND USE REGULATIONS 4-47 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION4-4 NATURAL RESOURCE PROTECTION STANDARDS E. Outside Referral. During the staff review of the application,the Planning Director may refer the application to any applicable referral agency. F. Consideration of Application. The County shall consider the content of the application and the recommendations of the referral agencies,as applicable,during the development review process to determine whether the proposed development in its proposed location is consistent with the spirit and intent of related standards and is unlikely to have any significant adverse impact to adjacent properties or the public health, safety and welfare. As a result of such consideration, the County may make the following determinations, among others. 1. Based upon site-specific slope characteristics, all newly proposed building sites must be sized appropriately to accommodate primary structures, ancillary structures, ancillary stormwater drainage appurtenances, parking structures, roads, driveways, parking areas and septic systems, well heads and all other necessary utilities for development within all zone districts. Each proposed building site shall be evaluated lot-by-lot based on the materials provided in accordance with the application requirements detailed in this Section 4-425. 2. Building Envelopes. For newly proposed development or redevelopment, building envelope placement must give due consideration to the review criteria of this Section 4-425. G. Building Permits. An application for a building permit for new single-family, duplex,multi- family,commercial,industrial or institutional structures and grading permits on any portion of a lot or parcel of land containing slopes greater than 30%, shall include the following material,provided that applications for permits for development within building envelopes on plats previously approved by the Board of County Commissioners that bear the Board of County Commissioners' Certificate shall be exempt from the requirements of this Section 4-425.G. 1. A scaled site grading plan that depicts existing and proposed final grades with a maximum of two (2) foot contours. Site plans must illustrate the existing grades and improvements for the entire property in question unless the County Engineer approves a different area of interest. Areas on the map that contain slopes that are greater than 30%, and which will remain undisturbed, may be shown at ten(10) foot contours. The slope analysis map shall be prepared by a surveyor registered in Colorado; 2. A scaled site plan including all existing and proposed improvements and pertinent natural features such as rock outcroppings and significant existing vegetation,prepared at a scale of 1"=20 feet or less; 3. A scaled Hillside building elevation drawing, including proposed grades, existing grades and scaled cross section(s)depicting the most prominent view(s)of the proposed building. The elevation and cross section drawings must be prepared at a scale of 1 inch =20 feet or less. LAND USE REGULATIONS 4-48 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS H. Review Criteria for Building Permit Applications. The materials submitted in support of a building permit application shall be reviewed for consistency with the following criteria: 1. All standards of the governing zone district must be met (minimum setbacks, maximum height, lot coverage,driveway and road grades,access points, etc.); 2. Disturbance of the natural terrain should be minimized to the extent practicable: a. Cuts and Fills should be minimized to the extent practicable and visually compatible stabilization measures should be used for Cut and Fill slopes; b. Natural land forms should be preserved to the extent practicable and natural features such as slopes and rock formations should be incorporated into the site design to the extent practicable; c. Existing, natural vegetation should be preserved and incorporated into the project design to the greatest extent practicable. 3. Visual impacts upon off-site areas should be avoided or reasonably mitigated; a. Structures should be sited so that there is a mountain or hillside backdrop; b. Structures should be finished in earthtone architectural treatments and colors to make the structure less conspicuous as viewed from off-site. White and other light colors should be avoided; c. Existing vegetation should be preserved where practicable to soften the impact of structural mass of buildings located in highly visible areas, and in such areas supplementary wildfire resistive landscaping should also be introduced, as necessary. d. Driveways should not be the predominant feature of the front yard; shared driveways are encouraged, when appropriate. Paved and other structural areas outside the main building mass should be softened by preserving the pre-existing vegetation where practicable; e. Minimal water usage is recommended to avoid further aggravating geologic hazard impacts. Where erosion control methods and visual impact mitigation include hillside revegetation, temporary irrigation may be utilized until the vegetation is established. SECTION 4-430. DEVELOPMENT IN AREAS SUBJECT TO WILDFIRE HAZARDS A. Purpose. There are certain regions of Eagle County that have the potential to pose hazards to LAND USE REGULATIONS 4-49 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS human life and safety and to property because they can be threatened by wildfire. These regulations are intended to provide standards to reduce or minimize the potential impacts of wildfire hazards on properties,the occupants of properties and the occupants of adjacent properties,as well as to facilitate access to manmade structures by firefighters in the event of a wildfire. Development should attempt to avoid high and extreme wildfire hazard areas whenever possible. (am 12/17/02) B. Applicability. The provisions of this Section shall apply to any application for a Special Use Permit, Subdivision or Planned Unit Development(PUD). (am 12/17/02) C. Vegetation Management Plan. All applications identified in Section 4-430.B,Applicability,shall include a Vegetation Management Plan. The Vegetation Management Plan shall be prepared by a natural resource professional with expertise in the field of vegetation management and wildfire mitigation. (orig. 12/17/02) 1. Special Use Applications. For development requiring a Special Use Permit, the application shall include those materials described under Subsection 4-430.C.2.b, Preliminary Plan. (orig. 12/17/02) 2. Development Involving Subdivision or PUD Review. (orig. 12/17/02) a. Sketch Plan. The Vegetation Management Plan submitted with the sketch plan shall provide an initial site-specific evaluation. Following is the minimum information to be included in the plan: (1) A statement of objectives for the Vegetation Management Plan; (2) A site-specific wildfire analysis addressing topographic and vegetation features; (3) A vegetation inventory, analysis and map which identifies and assesses the major timber stands and vegetation according to National Fire Protection Association (NFPA) Bulletin Number 299, Standard for Protection of Life and Property from Wildfire,1997 Edition or, the version of the referenced publication currently in effect. b. Preliminary Plan. The Vegetation Management Plan submitted with the preliminary plan shall provide a detailed site specific analysis which includes the following minimum information; (1) A schedule delineating how the wildfire mitigation actions identified in the plan will be implemented including, but not limited to, overlot vegetation thinning, creation of fuel-breaks and the installation of working fire hydrants, fire cisterns and or/dry hydrants prior to the introduction of combustible construction materials on the site; LAND USE REGULATIONS 4-50 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS (2) Communication capabilities during construction with the Local Fire Authority Having Jurisdiction and the type of communication system. A physical address is required for E-911 purposes; (3) Detailed specification of fire protection equipment and emergency preparedness actions to be installed or implemented and maintained within the subdivision during construction; (4) Detailed mitigation actions including, but not limited to, thinning and removal of trees and vegetation designed to mitigate wildfire hazard areas. The use of building envelopes may be required to locate structures outside of severe hazard areas, off of steep slopes and outside of draws and canyons; (5) Identification of the entities responsible for implementing the plan, constructing required improvements, and maintenance in perpetuity of the improvements and appropriate easements, if any; (6) A map identifying major timber stands and vegetation, locations of fire hydrants, water tanks, cisterns and/or dry hydrants, as well as locations and flows or capacity of fire hydrants, water tanks, cisterns and/or dry hydrants. D. Procedure. 1. Referral to Colorado State Forest Service. As part of the review of the application,the Planning Director shall refer to the Colorado State Forest Service (CSFS) all applications as identified in Section 4-43O.B., Applicability. Referral of Final Plat applications will be at the discretion of the Planning Director. 2. Review and Classification of Degree of Hazard By CSFS. CSFS reviews the application and determines whether there is a low, moderate, high, or extreme degree of severity of wildfire hazard posed to persons and property pursuant to the National Fire Protection Association (NFPA) Bulletin Number 299,Standard for Protection of Life and Property from Wildfire, 1997 Edition or,the version of the referenced publication currently in effect. CSFS considers the Vegetation Management Plan, Defensible Space and proposed design of the subdivision or PUD(including the planned roads and water supply facilities and the configuration and location of lots), the topography of the site, the types and density of vegetation present, the fire protection measures proposed by the applicant and other related factors in making its determination. (am 12/17/02) 3. CSFS Response. Considering the degree of severity of wildfire hazard that is posed to persons and property, the CSFS shall also comment on the potential effectiveness of the Vegetation Management Plan and the mitigation techniques proposed. These recommendations shall be based on guidelines promulgated by CSFS (see, for example, "Creating Wildfire-Defensible Zones,No. 6.302 or currently accepted standards.)and may include, but are not limited to the following wildfire hazard mitigation techniques: (am 12/17/02) LAND USE REGULATIONS 4-51 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-4878-49BB-8D28-F9B3586B8ECF ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS a. Locations. Recommendations to locate structures outside of severe hazard areas, off of steep slopes and outside of draws and canyons. b. Manipulate Vegetation. Recommendations to manipulate the density and form of vegetation, so as to create defensible space buffers around locations where structures are proposed including: Removal of tree limbs hanging near chimneys, establishing fuel-breaks, reduction of on-site vegetative fuel hazards through strategic thinning and clearing to promote overall health of on-site vegetation by reducing the severity of the hazard. The form and the extent of the recommendations to manipulate vegetation shall relate directly to the severity of the hazard that is present. (am 12/17/02) c. Building Design. Recommendations to use fire rated or non-combustible roof materials,to require pitched roofs,and to sheath,enclose or screen projections and openings above and below the roofline, as applicable. Compliance with these recommendations shall occur prior to building permit issuance. (am.12/01/24) d. Water Supply. Where access to a pressurized water system with fire hydrants is not provided,recommendations may be made to ensure the availability of a water supply for individual structures, in the form of access to a pond, installation of an underground water storage tank,provision for dry hydrants, or similar methods. e. Access. Recommendations to provide separate routes of entrance and exit into the subdivision or PUD, to lay out roads so as to create fuel breaks and to ensure the adequacy of access by emergency vehicles, including the provision of regularly spaced turnouts along roadways, the establishment of adequate grades and sight distances and the prohibition of dead end streets in the development. Depending upon the length of the road, fire hazard rating,number of units proposed,topography and the recommendation of the Local Fire Authority Having Jurisdiction, the Board of County Commissioners may,at their discretion,grant a variance from the required improvement standard. (am 12/17/02)(am 03/21/06) f. Maintenance. Recommendations to keep roofs cleared of debris and to store flammable materials and firewood away from structures. Firebreaks, turnaround areas and emergency access routes shall be maintained. (am 12/17/02) 4. Compliance. The County shall consider the recommendations of the CSFS and apply the appropriate recommendations as conditions of approval of the sketch and preliminary plan. The applicant shall demonstrate how the development complies with all of the CSFS recommendations made conditions of approval by the County. (am 12/17/02) E. Standards. (orig. 12/17/02) LAND USE REGULATIONS 4-52 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS • 1. Water Supply and Access. The following standards for water supply and access shall apply to all applications as identified in Section 4-430.B.,Applicability. a. Water Supply. (1) Fire Hydrants. (a) Fire hydrants shall be provided when a water distribution system will serve the proposed development and shall meet the required fire flow as defined in the fire code in effect at the time of application or as otherwise determined by the Local Fire Authority Having Jurisdiction. (b) The water distribution system shall be capable of delivering the required fire flow for each hydrant connected to the distribution system within the proposed subdivision as delineated in the fire code in effect at the time of application, or as otherwise required by the Local Fire Authority Having Jurisdiction. (c) Fire hydrants shall be located at the intervals defined in the fire code in effect at the time of application, and shall be located so that all structures are within a maximum five hundred(500)feet as defined in the fire code in effect at the time of application or as otherwise determined by the Local Fire Authority Having Jurisdiction. (d) Fire hydrants shall be located in the public right-of-way or at other locations as required and approved by the Local Fire Authority Having Jurisdiction. (e) Fire hydrants shall be accessible to fire fighting apparatus from County maintained roads, privately maintained roads or unobstructed emergency vehicle lanes as determined by the Local Fire Authority Having Jurisdiction. (2) Water tanks,cisterns and/or dry hydrants. Water tanks,cisterns and/or dry hydrants shall be provided in developments that are not served by hydrants unless the Local Fire Authority Having Jurisdiction has approved an alternative fire protection water supply system. (a) Water tanks and cisterns shall meet the requirements of the 1997 Uniform Fire Code as adopted by Eagle County, or as defined in the fire code in effect at the time of application. Depending upon the recommendation of the Local Fire Authority Having Jurisdiction, the Board of County Commissioners may, at their discretion, grant a variance from the required improvement standard. (b) A dedicated turn-around shall be placed no more than fifty (50) LAND USE REGULATIONS 4-53 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION4-4 NATURAL RESOURCE PROTECTION STANDARDS feet from a water tank or dry hydrant cistern and the discharge from the water tank or dry hydrant cistern shall be within eight (8) feet of the nearest usable portion of the dedicated right- of-way, unless otherwise approved by the Local Fire Authority Having Jurisdiction. (c) Dry hydrants may be provided in combination with or in lieu of cisterns, water tanks or other approved fire protection water supply systems. Dry hydrants shall be installed in accordance with the standards ofNFPA Bulletin Number 1142,Suburban and Rural Fire Fighting 2001 Edition or, the version of the referenced publication currently in effect. The Local Fire Authority Having Jurisdiction may approve an alternative standard. An average home size of 5000 square feet shall be assumed unless further modified within the development. b. Access. With the exception of properties proposed to be served by driveways or by urban cul-de-sacs, separate routes of entrance and exit into the development shall be provided. Roads shall be laid out with consideration for creating fuel breaks and to ensure the adequacy of access by emergency vehicles, including the provision of regularly spaced turnouts along roadways, the establishment of adequate grades and sight distances and the prohibition of dead end streets longer than 1000 feet or serving more than 25 contiguous lots within the development. Reference ROADWAY STANDARDS ECM Section 8.3.9.a and Section8.9.1.h. Depending upon the length of the road, fire hazard rating, number of units proposed, topography and the recommendation of the Local Fire Authority Having Jurisdiction,the Board of County Commissioners may, at their discretion, grant a variance from the required improvement standard.(am. 12/01/24) SECTION 4-440. WOOD BURNING CONTROLS A. Findings and Intent. The Eagle County Board of County Commissioners hereby find and declare air quality to be an important part of the health, safety and welfare of the community. The Board of County Commissioners have a duty to protect and improve air quality in and around Eagle County, not only for the health, safety and general welfare of its residents and visitors, but also because air pollution resulting from the use of wood burning devices reduces the desirability of Eagle County as a recreation and tourism destination, thus affecting the aesthetic and economic welfare of the County. The Board of Commissioners find and declare the present level of degradation of air quality to be unacceptable and recognize the need to achieve the maximum practical degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution caused by wood smoke. It is the intent of the Board of County Commissioners to enact reasonable regulations to control pollution caused by wood smoke for the purpose of improving the air quality, aesthetic features and economy of Eagle County. LAND USE REGULATIONS 4-54 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS B. General Requirements. 1. Only New Technology Devices Permitted. Building or mechanical permits shall only be issued for the installation of wood burning devices that comply with the standards of a new technology device, as defined herein, or unless the installation is otherwise exempt from these Regulations. 2. Existing Wood Burning Devices. Buildings with wood burning devices in existence on the effective date of this regulation shall be permitted to replace existing wood burning devices with new technology devices. 3. Exemptions. Section 4-440.C., Maximum Number of Wood Burning Devices in New Structures, does not apply to parcels thirty five (35) acres or greater in size, zoned Resource, and the sole source of heat is a new technology device. C. Maximum Number of Wood Burning Devices in New Structures. The maximum number of wood burning devices permitted within new structures in unincorporated Eagle County shall be as follows: 1. R, RL, AR, AL, and RR Zone Districts. One (1) new technology device shall be permitted per building within the Resource (R), Resource Limited (RL), Agricultural Residential (AR), Agricultural Limited (AL), and Rural Residential (RR) zones, unless exempt under Section 4-440.B.3. Exemptions. 2. RC,RSL,RSM,RMF and FH Zone Districts. Within the Rural Center(RC),Residential Suburban Low Density(RSL),Residential Suburban Medium Density (RSM),Residential Multi-Family(RMF), and Fulford Historical (FH)zone districts,the following limitations shall apply: a. Single-Family and Duplex Units. One (1) new technology device shall be permitted per dwelling unit in single-family and duplex dwellings. b. Multi-Family Units. Wood burning devices shall not be permitted within multi- family dwelling units;however,one(1)new technology device shall be permitted in the common area of a building containing multi-family units. 3. RC, CL, CG, and I Zone Districts. Within the RC (Rural Center), Commercial Limited (CL),Commercial General(CG)and Industrial(I)zone districts,the following limitations shall apply: a. Commercial and Industrial Uses. One (1) new technology device shall be permitted per each building that contains commercial and industrial use(s); or b. Hotel or Motel Use. One(1)conventional open-hearth fireplace shall be permitted in the common area of a building that contains a motel or hotel use. LAND USE REGULATIONS 4-55 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF Said fireplace shall be constructed with glass doors and shall have the ability to regulate the amount of outside return air enterin the fire chamber. ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL SOURCE PROTECTION STANDARDS 4. Approved PUD. Within any approved planned unit development (PUD), including the Eagle-Vail PUD, the following limitations shall apply, unless alternative limitations are approved as part of the PUD Guide: a. Single-Family and Duplex Units. One (1) new technology device shall be permitted per dwelling unit in single-family and duplex dwellings. b. Multi-Family Units. Wood burning devices shall not be permitted within multi- family dwelling units; however, one (1) new technology device shall be permitted in the common area of a building containing multi-family units. c. Commercial and Industrial Uses. One (1) new technology device shall be permitted per each building that contains commercial and industrial use(s); or d. Hotel or Motel Use. One(1)conventional open-hearth fireplace shall be permitted in the common area of a building that contains a motel or hotel use. Said fireplace shall be constructed with glass doors and shall have the ability to regulate the amount of outside return air entering the fire chamber. SECTION 4-450. RIDGELINE PROTECTION A. Purpose. The purpose of the Ridgeline Protection Section is to preserve and maintain the County's scenic aesthetic resources as viewed from certain roadway corridors that are important to the character and economy of Eagle County. This is accomplished by the establishment of ridgeline areas within which the location and design of new development or redevelopment is reviewed to maintain and preserve the natural appearance of the mountain skyline by avoiding penetration or interruption of the natural skyline. (See definition of `Ridgeline' in Article 2: Definitions). (am.07/17/06) B. Areas Subject to Analysis. All undeveloped lands located near or on a ridgeline or intermediate ridge which are visible from the following transportation routes (am.07/17/06): BRUSH CREEK ROAD GYPSUM CREEK ROAD US HIGHWAY 82 Corridor COLORADO RIVER LAKE CREEK ROAD US HIGHWAY 24 ROAD Corridor EL JEBEL ROAD SQUAW CREEK ROAD US HIGHWAY 131 Corridor FRYING PAN ROAD WEST LAKE CREEK I-70 Corridor ROAD C. Applicability. The provisions of this Section 4-450, Ridgeline Protection, shall apply to LAND USE REGULATIONS 4-56 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS applications for Building Permits, Subdivision, Special Use, or PUD. (am.07/17/06) D. Exemptions.These standards shall not apply to: (orig.07/17/06) 1. Activity or development that has been previously approved through the Building Permit or Special Use Permit process prior to the date of adoption of these regulations; 2. All lots within platted subdivisions, approved by the Board of County Commissioners, which prior to the effective date of these Ridgeline regulations have designated building envelopes, assigned building areas or otherwise include previously approved ridgeline protection and/or mitigation standards. 3. Development which has received approval from the Board of County Commissioners through the PUD process specifically granted a variation from this section; or properties which have received a Variance from the Zoning Board of Adjustment granting a Variance from this section; 4. Telecommunication Facilities which have received Special Use Permits incorporating visual mitigation measures; 5. Public Utility Facilities which have demonstrated that no other feasible and prudent alternative sites exist; 6. Fences constructed primarily of wire; E. Standards. All non-exempt development located in identified areas shall comply with the following standards: (orig.07/1 7/06) 1. The proposed development, where feasible, shall minimize potential visual impacts by utilizing existing topography and natural vegetation;however,after wildfire mitigation no part of any building shall silhouette the skyline at any time of year. 2. The proposed development height and bulk shall be designed to avoid the silhouetting of buildings from ridgelines. Mitigation techniques may include,but not be limited to either distributing the structural mass into a series of smaller forms;or utilizing stepped rooflines. 3. More restrictive minimum structural setbacks and/or height controls (heights less than normally permitted in underlying zone district)may be necessary to preserve public views from identified transportation routes, as determined by a site specific visual analysis. F. Procedure.(am.07/17/06) 1. An applicant for development that is subject to the provision of this Section 4-450, LAND USE REGULATIONS 4-57 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS Ridgeline Protection, shall submit a visual analysis. The purpose of the visual analysis is to illustrate the anticipated visual effects of the proposed development and to describe how the potential visual impacts will be mitigated. a. Building Permit. For new development on ridgeline, or potential ridgeline areas which requires a building permit, the application shall include those materials described under Subsection 4-450.F.(2), Preliminary Plan in addition to the required materials necessary for the building permit application, and Pursuant to Section 4-450.G.1 FONSI Determination. (am.07/17/06) b. Special Use Application. For development requiring a special use permit, the application shall include those materials described under Subsection 4- 450.D.1b.d.(2),Preliminary Plan in addition to the required materials necessary for the special use permit application. (am.07/17/06) c. Minor Subdivision. For development requiring a Minor Subdivision,pursuant to Section 5-290 Minor Subdivision with the exception of a minor subdivision for the purpose of subdividing condominiums, townhomes, patio homes or duplex structures,the application shall include those materials described under Subsection 4-450.D.1.d.(2), Preliminary Plan (unless otherwise exempted per Section 4- 450.D) in addition to the required materials necessary for the minor subdivision application. (am.07/17/06) d. Development Involving Subdivision or PUD Review. For any development subject to the procedures of this Section that involves Subdivision or PUD review, the Visual Analysis shall be submitted in the following stages: (am.07/17/06) (1) Sketch Plan. Within the sketch plan application, the applicant shall submit an initial investigation of potential visual impacts and mitigation techniques. It shall contain the following materials: (a) Map. A map of the property that depicts the general locations of ridgeline areas protected by this Section in relationship to planned development areas. (b) Preliminary Visual Analysis. The Visual Analysis should provide sufficient information to clearly identify visually sensitive areas where development may require mitigation to prevent impacts upon the skyline. (am.07/17/06) (c) Written Statement. A brief written statement describing, in a general manner,where the development is proposed to be located in relation to the ridgeline areas and the design elements that will LAND USE REGULATIONS 4-58 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS be used to mitigate visual impacts. (am.07/17/06) (2) Preliminary Plan. Within the preliminary plan application,the applicant shall submit a detailed visual analysis. It shall illustrate the existing features of the site, as viewed from the applicable transportation route(s). The analysis shall depict the location and design of the proposed development, from identified vantage points. Vantage points shall be in half-mile increments along the identified transportation route(s) (see Section 4-450.B Areas Subject to Analysis). The visual analysis shall also include: (am.07/17/06) (a) Illustrations. Illustrations of the mass and form of the proposed development. These may be provided as a photograph of the property, onto which the development has been rendered, a computer simulation, an architectural site section or other similar visual display technique.When the property is visible from two or more identified roadways, a visual analysis of the site must be provided from vantage points along all applicable transportation routes. (am.07/17/06) (b) Proposed Mitigation Controls. Proposed Mitigation Controls including,but not limited to the following: (am.07/17/06) (i) Structural Finish Materials and Colors. Statements or samples describing the materials and colors proposed to be used in all structures; (orig.07/1 7/06) (ii) Height limitations which may be more restrictive than the current definition for calculating building height (as found within Article 2: Definitions) or as the governing zone district allows; (orig.07/1 7/06) (iii) Proposed Building envelopes; (orig.07/1 7/06) (iv) Natural and introduced landscaping for the purpose of screening and preserving public view sheds. (orig.07/17/06) • (v) Other mitigation controls to prevent impacts to the skyline. (orig.07/17/06) (c) Map. A map locating proposed roads and utilities and identifying the area proposed for development. (d) Plans. Grading, landscaping and illumination plans. LAND USE REGULATIONS 4-59 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS (e) Written Statement. A written statement shall be submitted depicting how the development mitigates visual impacts on affected ridgelines. (3) Final Plat. Within the final plat application, the applicant shall submit those materials necessary to provide the County with assurances that the development will meet all of its commitments for ridgeline development agreed to during preliminary plan review. Such assurances may include, but not be limited to covenants,deed restrictions and financial guarantees, or any other forms of mitigation as approved by the Board of County Commissioners. For developments that do not require a final plat, this information shall be provided with the preliminary plan. (am.07/17/06) 2. Review by County. The County shall review the application and visual analysis to determine whether there is potential visual impact to the ridgelines from transportation routes as identified in Section 4-450.B Areas Subject to Analysis. It is the intent that development subject to this Section 4-450,Ridgeline Protection,be located in such a manner that it does not appear to penetrate above the crest of a ridge whereby the proposed development has no backdrop and penetrates the skyline. (am.07/17/06) G. Approval Process for New Development Not Exempted In Section 4-450.D.Exemptions.Any proposed development which is not exempted pursuant to Section 4-450.D.Exemptions for parcels of land on ridgeline, or potential ridgeline areas must receive a Finding of No Significant Impact (FONSI) from the Director of Community Development. The FONSI determination process shall occur concurrently with review of a Building Permit, unless the proposed new development is approved by the Board of County Commissioners through the Subdivision, PUD or Special Use Permit process, in such instances, a FONSI is not necessary. (orig.07/17/06) 1. FONSI Determination. Prior to administering a FONSI determination, the Planning Director must find that all of the following criterion has been satisfied: a. The newly proposed development has been located to avoid ridgeline areas to the greatest extent practicable; b. The newly proposed development cannot be readily seen from the roadways delineated in section 4-450.B of these regulations; c. The proposed structural addition/expansion will not change the visual aspect of the existing structure or further breach the skyline; d. That there are other circumstances including but not limited to:topography,access, geologic aspects,location and lot shape; and that no other alternative building site exists other than what is proposed; LAND USE REGULATIONS 4-60 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS e. The applicant has demonstrated, to the satisfaction of the Planning Director that Section 4-450.E. Standards has been incorporated into the proposed development. Based upon review of the Building Permit application materials and additional evidence as supplied by the applicant, the Director of Community Development may find that a Finding of No Significant Impact(FONSI) is appropriate. 2. Finding of No Significant Impact (FONSI). The Director of Community Development may determine that a Finding of No Significant Impact (FONSI) should be issued if the proposed building permit in its proposed location is consistent with the spirit and intent of related standards and is unlikely to have any significant adverse impact to adjacent properties or the public health, safety and welfare. In the instance that a FONSI is made, and upon expiration of the reconsideration period described below, the building permit application will be issued pending compliance with all other applicable elements of these Land Use Regulations.jam. 12/01/24) a. Notice of Director's Determination of a FONSI. (1) Upon the Director's Determination of a FONSI, the Director shall notify the applicant by mail,and shall notify the Board,the County Administrator and the County Attorney of the Determination by e-mail or memorandum. (2) The Notice of Director's Determination of the FONSI shall be published once in the County legal newspaper not more than fourteen (14) days following the Determination. The notice shall describe the Project and the procedure for requesting reconsideration as set forth below. b. Reconsideration of Director's Determination of a FONSI. (1) Call-up by the Board. Within fourteen(14) days after publication of the Director's Determination of a FONSI,the Board may decide to reconsider the Determination. Such reconsideration shall be made at the next regularly scheduled meeting of the Board for which proper notice can be accomplished. (2) Request for Reconsideration by Affected Party. Any affected party seeking a reconsideration of the Director's Determination of a FONSI shall file a written request with the Board within fourteen(14)days of the date of publication in the newspaper of the Notice of the Director's Determination of the FONSI. The Board shall reconsider the Director's Determination of the FONSI at the next regularly scheduled meeting for which proper notice can be accomplished. The affected party may request a reasonable extension if necessary. • LAND USE REGULATIONS 4-61 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 3. Approval Required. If the Director determines that a Finding of No Significant Impact (FONSI) is not appropriate, the application will be forwarded to the Board of County Commissioners for consideration. At a public hearing, the Board of County Commissioners shall consider the application, the relevant support materials, and any public testimony. After the close of the public hearing, the Board may uphold the Director's determination, overturn the Director's determination or overturn the Director's determination with conditions. SECTION 4-460. ENVIRONMENTAL IMPACT REPORT A. Purpose. The purpose of an Environmental Impact Report is to provide complete information on the environmental effects of proposed development to the County Commissioners, the Planning Commission and the general public. In addition,the purpose is to ensure that long term protection of the environment is a criterion to be considered in planning,and that development decisions,both public and private, take into account the relative merits of possible alternative actions. This is accomplished by, providing procedures for review and evaluation of the environmental effects of proposed projects prior to granting of permits or other authorizations for commencement of development. B. Applicability. Unless exempted by Subsection 4-460 D. Exemptions, an Environmental Impact Report is required for applications of subdivision,special use,or PUD that may significantly affect the environment, either during construction or an a continuing basis. C. Application and Review. The Environmental Impact Report shall accompany the initial application submittal for the development proposal. Any subsequent submittal shall include the Environmental Impact report and reflect any revisions or additional information requested by the Planning Director,the Planning Commission or Board of County Commissioners. D. Exemptions. An Environmental Impact Report shall not be required when a phase of a development for which an Environmental Impact Report was previously submitted and reviewed covering all phases of the entire development, provided that the development was approved originally and not subsequently altered in any material respect. E. Report Contents. 1. Environmental Impact Report. The Environmental Impact Report shall contain information and analysis,in sufficient detail and adequately supported by technical studies, to enable the Planning Commission and the County Commissioners to judge the environmental impact of the proposal and to judge measures proposed to reduce or negate any harmful or undesirable environmental impacts. The Planning Director, Planning Commission and or County Commissioners may require submission of information in addition to that listed in this section. The Environmental Impact Report shall include all necessary information to adequately address the specific Environmental Conditions(Section 4-460 E.2.)affected. LAND USE REGULATIONS 4-62 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 2. Environmental Conditions. The following is a list of Environmental Conditions to be considered. a. By significantly altering an ecological unit or land form,such as a ridgeline,saddle, draw,ravine,hillside,cliff, slope,creek,marsh,watercourse, or other natural land form feature. b. By directly or indirectly affecting a wildlife habitat, feeding,or nesting ground. c. By significantly altering or removing native grasses, trees, shrubs, or other vegetative cover. d. By significantly affecting the appearance or character of a significant scenic area or resource, or involving buildings or other structures that are of a size, bulk, or scale that would be in marked contrast to natural or existing cultural features. e. By potentially resulting in avalanche, landslide, siltation, settlement, flood, or other significant land form change or hazard to health and safety. f. By discharging toxic or thermally abnormal substances, or involving use of herbicides or pesticides, or emitting significant smoke, gas, steam, dust, or other particulate matter. g. By involving any process which results in significant odor that may be objectionable or damaging. h. By requiring any waste treatment, cooling, or settlement pond, or requiring transportation of solid or liquid wastes to a treatment or disposal site. i. By discharging significant volumes of solid or liquid wastes. j. By increasing the demand on existing or planned sewage disposal,storm drainage, or other utility systems to a level which is likely to cause an adverse impact on the environment. k. By involving any process which generates significant noise that may be offensive or damaging. 1. By either displacing significant numbers of people or resulting in a significant increase in population. m. By preempting a site which is desirable for recreational uses or planned open space. n. By significantly altering local traffic patterns or causing an increase in traffic volume or transit service need. LAND USE REGULATIONS 4-63 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS O. By being a part of a larger project which, at any future stage, may involve any of the impacts listed above. 3. Preparation. The Environmental Impact Report shall be prepared by qualified professionals. 4. Inclusions. The Environmental Impact Report shall include: a. Overview of Development Proposal. A general statement identifying and describing the proposed development in terms such as site area, numbers of residential units, proposed height and bulk of buildings, building floor area in square feet, and such other data as will contribute to a clear understanding of the scale of the development. Project boundaries, and boundaries of the area within which environmental impact is likely to be significant shall be shown on a site map. b. Other Reviewers. A list of other regulatory review agencies and the specific environmental protection regulations to which the proposed development will be subject(e.g. air, water, solid waste, etc.). c. Summary. A summary of the Inventory and Analysis sections of the Environmental Impact Report and supporting technical studies shall be provided and prepared using terms that can be assessed and evaluated by county officials and the general public. d. Inventory and Analysis. The Inventory and Analysis shall address and incorporate the applicable Environmental Conditions pursuant to Section 4-460 E.2.,Environmental Conditions, as follows: (1) Text,maps,photographs,and other appropriate illustrative material may be used as part of the Inventory and Analysis section of the Environmental Impact Report. (2) The Environmental Impact Report shall include an inventory of existing environmental characteristics of the site that exist prior to the proposed development. (3) The Environmental Impact Report shall include a comprehensive qualitative and quantitative analysis of any environmental impacts of the proposed development. The analysis portion of the Environmental Impact Report shall assess the following items in reasonable detail: (a) Adverse effects, which cannot be avoided if the proposal is implemented. LAND USE REGULATIONS 4-64 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS (b) Mitigating measures proposed to minimize the impact. (c) Possible alternatives to the proposed action. (d) Temporary, secondary and cumulative long term effects of the proposal,which either significantly reduce or enhance the state of the environment. (e) Irreversible environmental changes resulting from implementation of the proposal. (f) How, if applicable,the proposal is part of a large project which at any future stage may increase impacts. e. Environmental Topics to Address. Each Environmental Impact Report shall include inventory information and analysis of impacts on the following natural systems: (1) Hydrologic - existing surface drainage and watershed characteristics, groundwater and soil permeability characteristics, natural or man-made water features and characteristics (such as streams,wetlands,ponds, etc.) and any potential changes or impacts caused by the development proposal. (2) Atmospheric - airshed characteristics, potential emissions, and any potential changes or impacts caused by the development proposal. (3) Geologic - all land forms (ridgelines, ravines, etc.), slopes, soil characteristics, potential hazards areas, and any potential changes or impacts caused by the development proposal such as landslide, flood, settlement, siltation, avalanche or other. (4) Biotic - vegetation and wildlife habitats feeding, breeding, nesting or critical habitats including but not limited to upland, riparian and wetland, and any potential changes or impacts including but not limited to intrusion, obstruction,removal or alteration of vegetation. (5) Wastes, Noise and Odors - levels and characteristics of any toxic, noxious or abnormal substances, smoke, odors, gas, wastes, steam, dust or other particulate matter. (6) Visual - views and scenic values, and any potential changes, impacts, or marked contrasts that would affect the scenic area or resource. (7) Circulation and Transportation - volumes and traffic flow patterns, transit service needs, alternative transit systems and potential changes or impacts. LAND USE REGULATIONS 4-65 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID.A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS f. Related Studies and Requirements. If the land development proposal is subject to other standards in these Land Use Regulations that are of a related environmental nature, reports used to meet those standards may be used to satisfy certain requirements for information and analysis in the Environ-mental Impact Report, so long as the preparer clearly identifies how and where a reviewer will find that information within the submittal package. • LAND USE REGULATIONS 4-66 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-5 COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS DIVISION 4-5. COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS SECTION 4-500. PURPOSE The purpose of this Division is to provide appropriate standards for the operation of commercial and industrial uses in Eagle County. These standards are intended to protect people and property from the health and safety hazards associated with excessive noise, vibration, smoke, heat, glare,radiation,fumes and water pollutants and from the improper storage of hazardous and non-hazardous materials. SECTION 4-510. APPLICABILITY This Division shall apply to all commercial and industrial uses located within unincorporated Eagle County. SECTION 4-520. NOISE AND VIBRATION STANDARDS A. Maximum Permissible Noise Levels. Every use shall be operated such that the noise level produced does not inherently and recurrently exceed sixty(60)decibels,during the hours of 7:00 A.M. to 7:00 P.M., or fifty-five (55) decibels from 7:00 P.M. to 7:00 A.M. During the hours of 7:00 A.M. to 7:00 P.M., the noise levels permitted may increase a maximum of five (5) decibels for a period not to exceed fifteen(15)minutes in any one(1)hour. 1. Measured Along Property Boundary. Noise levels shall be measured at any point along any boundary line of the property on which the use is located. 2. Measurement When There Are Multiple Uses on a Single Parcel. Where more than one (1)use is located on a property,then the noise levels shall also be measured along any wall of any other building on the property. B. Vibration Generated. Every use shall be so operated that it does not inherently and recurrently generate a ground vibration that is perceptible, without instruments, at any point along any boundary line of the property on which the use is located. Where more than one (1)use is located on a property,then this standard shall also be measured along any wall of any other building on the property. SECTION 4-530. SMOKE AND PARTICULATE STANDARDS A. Smoke Emission. Every use shall be so operated that it does not emit smoke exceeding a density (opacity)of twenty(20)percent. B. Emission of Particulate Matter. Every use shall be so operated that it does not emit particulate matter exceeding two-tenths(0.2)grains per cubic foot of the flue gas at a stack temperature of five hundred(500)degrees Fahrenheit. LAND USE REGULATIONS 4-67 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-5 COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS C. Projection of Dust or Fumes. Every use shall be operated so that dust or fumes shall not project beyond the boundary line of the property on which the use is located. Where more than one (1) use is located on a property, then each use shall be operated so that dust or fumes do not project onto any wall of any other building on the property. SECTION 4-540. HEAT,GLARE,RADIATION AND ELECTRICAL INTERFERENCE Every use shall be operated so it does not emit a dangerous or discomforting degree of heat,glare, radiation or electrical interference and does not interfere with the normal operation of other equipment or instruments, including normal radio or television reception beyond any boundary line of the property on which the use is located. Sources of emissions shall be shielded,operated indoors or pointed away from neighboring properties. Where more than one(1)use is located on a property,then these standards shall also apply along any wall of any other building on the property. SECTION 4-550. STORAGE OF HAZARDOUS AND NON-HAZARDOUS MATERIALS A. Storage of Hazardous Materials. 1. Flammable or Explosive Materials. Flammable or explosive liquids, solids, or gases shall be stored so as to comply with all applicable local,state and federal regulations, with particular attention to any standards adopted by the applicable fire district. Hazardous materials stored on-site shall be reported to the County's Emergency Planning Committee, in compliance with the Superfund Amendments Reauthorization Act,Title III,as amended. 2. Outdoor Storage in Closed Containers. All materials or wastes which might cause fumes or dust or that constitute a fire hazard or that may be edible by or otherwise be attractive to vectors may be stored outdoors only when stored in closed containers. 3. Safety. More restrictive standards for the storage of hazardous materials may be applied when required for the safety of occupants of other land uses in proximity to the storage area or to address other pertinent neighborhood conditions. B. Enclosure. All outdoor storage for commercial and industrial uses shall be enclosed by a sight obscuring fence, wall or landscaped berm, concealing it from view from adjacent properties and, if possible,from any public right-of-way. The fence or wall shall not exceed eight(8)feet in height, and shall be built according to plans submitted to and approved by the Planning Director,to ensure its design and materials do not detract from adjacent uses. C. Prevent Transfer By Natural Causes. No materials or wastes shall be stockpiled, deposited or otherwise placed upon a property in such form or manner that they may be transferred off the property by natural causes or forces. LAND USE REGULATIONS 4-68 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-5 COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS SECTION 4-560. WATER QUALITY STANDARDS No water pollutant shall be discharged by manufacturing or other processing, unless otherwise permitted by the Colorado Water Quality Control Division. In a case in which potential hazards exist, it shall be necessary to install safeguards and mitigation acceptable to the County Environmental Health Manager and in compliance with the laws of the State of Colorado and the Environmental Protection Agency before operation of the facility may begin. All required site tests, including but not limited to percolation tests,groundwater resource tests and drainage and discharge analysis, as may be required, shall be accomplished before operation of the facilities may begin. LAND USE REGULATIONS 4-69 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS DIVISION 4-6. IMPROVEMENTS STANDARDS SECTION 4-600. PURPOSE This Division sets forth the minimum design criteria and standards for infrastructure development in unincorporated Eagle County. The criteria and standards are intended to protect and promote the public health, safety and welfare of the residents and visitors of Eagle County. SECTION 4-610. APPLICABILITY A. General Improvements and their appurtenances within unincorporated Eagle County shall be planned and designed in compliance with this Division. These standards shall apply to all development that occurs within unincorporated Eagle County. 1. Minimum Requirements.The designer should be aware that whenever unusual or complex circumstances are anticipated in conjunction with a proposed development, additional information or analysis beyond the minimums set forth herein may be required by the County Engineer. 2. Plans Shall Be Prepared By Professional Engineer. All plans,reports and specifications for development or redevelopment of improvements addressed within this Division shall be prepared by, or under the direct supervision of, a Professional Engineer, licensed in the State of Colorado. Final public improvement plans, reports and specifications shall bear the seal and signature of the Professional Engineer responsible for their preparation. C. Public Improvements Guarantee. Applicable public improvements shall be guaranteed pursuant to Section 5-240,Planned Unit Development(PUD)District, Section 5-250, Special Uses, Section 5-280, Subdivision, or Section 5-290,Minor Subdivision. SECTION 4-620. ROADWAY STANDARDS B. Intent. The intent of these standards is to promote and provide a system of county roads that LAND USE REGULATIONS 4-70 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS blend with and fit the mountainous terrain and environment of Eagle County and, outside of the primary arterial corridors in the County,to protect the country road ambience enjoyed and desired by residents and visitors alike, and to allow for maximum creativity of the designer in achieving these goals. These standards provide the designer the means of designing and constructing or reconstructing improvements and other infrastructure that offers maximum convenience to the user at minimum cost, both initially at the time of construction and in the future during maintenance, while also providing for basic safety and functional needs to ensure adequate access to all properties for fire,police and other vital services,on a system of roads that is experiencing increasing use. C. Regulations, Standards, and Criteria. The regulations, standards, and criteria for the Roadway Standards shall be as set forth in the Engineering Criteria Manual,Roadway Standards. (am.12/01/24) SECTION 4-630. SIDEWALK AND TRAIL STANDARDS A. Standards.The sidewalk and trail standards shall be as set forth in the Engineering Criteria Manual, Sidewalk and Trail Standards. (am.12/01/24) SECTION 4-640. IRRIGATION SYSTEM STANDARDS A. Applicability and Standards.The irrigation system applicability and standards shall be as set forth in the Engineering Criteria Manual, Irrigation System Standards. (am.12/01/24) SECTION 4-650. DRAINAGE STANDARDS A. Applicability and Standards.The drainage applicability and standards shall be as set forth in the Engineering Criteria Manual,Drainage Standards. (am.12/01/24) SECTION 4-660. EXCAVATION AND GRADING STANDARDS (orig 03/12/02) A. Applicability and Standards.The excavation and grading applicability and standards shall be as set forth in the Engineering Criteria Manual,Excavation and Grading Standards(am.12/01/24) SECTION 4-665. EROSION CONTROL STANDARDS (am 03/12/02) A. Applicability and Standards.The erosion control applicability and standards shall be as set forth in the Engineering Criteria Manual,Erosion Control Standards. (am.12/01/24) SECTION 4-670. UTILITY AND LIGHTING STANDARDS Applicability and Standards.The utility and Lighting applicability and standards shall be as set forth in the Engineering Criteria Manual,Utility and Lighting Standards. (am.12/01/24) SECTION 4-680. WATER SUPPLY STANDARDS A. Potable Water Supply. Potable water supply shall be made available to all platted lots and other developments. 1. Public Water Supply Accessible. Where an approved public water supply is located within four hundred (400) feet of the proposed development, the developer shall connect LAND USE REGULATIONS 4-71 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS to such system and install water lines and appurtenances to make the water supply available at the property line of each lot within the development. 2. Public Water Supply Not Accessible. Where an approved water supply is not reasonably accessible or procurable, the applicant shall, at the discretion of the Board of County Commissioners,either: a. Install Central Water System. Install a central water supply system and water lines to each lot from wells or other approved sources that complies with the standards of the Colorado Department of Public Health and Environment and receives the approval of the State Engineer; or b. Submit Evidence of Adequate Supply. Submit evidence satisfactory to the State Engineer that an adequate water supply that complies with the standards of the Colorado Department of Public Health and Environment and Eagle County will be available to each lot in the proposed development. The water supply may be from individual wells using groundwater, provided the lots are of adequate size, as specified herein, and provided the other standards specified herein are met. 3. Calculation of Adequacy of Supply. The adequacy of the water supply for any proposed system shall be calculated based on the total planned development of the subdivision,using standard engineering practices,based on per capita water usage derived from peak demand, storage and fire protection requirements. Fire protection requirements shall be related to location and character of the development. a. Individual Supplies. If individual water supplies are to be used, a report confirming the adequacy of the supply and stating the expected aquifer depths shall be furnished. b. Large Developments. For a development containing more than fifteen (15) lots or water taps or a development on land having varying geology,the report shall be comprehensive so as to be applicable to all lots in the proposed development. c. Community Water System. Where a community water system is proposed, the availability and adequacy of the water sources and associated rights shall be • delineated and certified by a Professional Engineer licensed in the State of Colorado. d. Analysis of Water Samples. Representative samples of the water source shall be analyzed by a reputable laboratory to determine conformance with Colorado drinking water standards. 4. Submission Standards. The preliminary plans for the development shall contain a design of the water supply system at a preliminary engineering level sufficiently detailed to fully represent the mechanics of how the system will operate. The final plans for the development shall contain a design of the system at an engineering level sufficiently detailed to permit accurate cost estimates. LAND USE REGULATIONS 4-72 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 5. Construction and Administration of Facilities. a. Construction Standards. The water supply system in the proposed development shall conform to the standards and specifications of the nearest district that supplies water in the event future connection can be made. b. Phased Construction Permitted. Construction of facilities may be phased upon approval of a phasing plan by the Board of County Commissioners. c. Administration. Where a central water system is to be installed, an organization shall be set up to administer the operation of this system. Administration shall be by an incorporated town,water district or an approved corporation. B. Fire Fighting Facilities. The developer shall provide fire hydrants, water tanks, cisterns and/or dry hydrants within the development capable of providing a fire fighting water supply. Such hydrants, water tanks,cisterns and/or dry hydrants shall be of the type, size and number, and shall be installed in locations as specified in Section 4.430.E.1.a, Water Supply of these Land Use Regulations, or as may be alternatively approved by the Local Fire Authority Having Jurisdiction. (am 12/17/02) SECTION 4-690. SANITARY SEWAGE DISPOSAL STANDARDS A. Sanitary Sewage Disposal System Required. No lots shall be platted and no development shall be permitted unless an economical and reliable method of disposal of sanitary sewage is available to that lot or development. 1. Public Sanitary Sewer System Accessible. Where a public sanitary sewer system is located within four hundred (400) feet of the proposed development, the applicant shall connect to such sanitary sewer system where and whenever feasible and provide adequate connection lines and appurtenances to make the sewer facilities available at the property line of each lot of the development. 2. Public Sanitary Sewer Not Accessible. Where a public sanitary sewer is not located within four hundred (400) feet of the proposed development, the applicant shall install LAND USE REGULATIONS 4-73 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS sewage disposal facilities, or lot owners shall install individual sewage disposal systems for each lot, provided the lots are of adequate size, and provided the other standards specified in the Eagle County Public Health Agency On-Site Wastewater Treatment System(OWTS)Regulations are met. (amd. 07-29-2014) B. Standards for Central Sanitary Sewer System. Where a central sanitary sewer system is to be constructed, the design and construction of the system shall comply with the regulations of the Colorado Department of Public Health and Environment and shall be reviewed and approved by that Department and by the Board of County Commissioners through their authorized representative. 1. Treatment Facilities. Sewage treatment facilities of an approved design shall be constructed to adequately treat all collected sewage. All proposed sewer plants shall make provisions for the handling and disposal of sewage sludge. 2. Collection Sewers. Collection sewers shall be designed and provided to service each lot. 3. Conformance With Standards of Nearest District. The system shall conform to the standards and specifications of the nearest district that supplies sewage treatment facilities, in the event future connection can be made. 4. Administration. Where a community sewage system is to be installed, an organization shall be set up to administer the operation of this system. Administration shall be by an incorporated town, a sanitation district, or an approved corporation with a Public Utilities Commission permit. C. Standards for On-Site Wastewater Treatment Systems(OWTS). 1. Individual Design. Each lot in the development shall be individually designed so that an individual sewage disposal system may be constructed on it that complies with the Eagle County Public Health Agency On-Site Wastewater Treatment System (OWTS) Regulations. The applicant shall identify a primary site and an alternative site for on-site sewage disposal. (amd. 07-29-2014) 2. State and County Review Required. Each development wherein individual systems are proposed for the disposal of sewage shall be reviewed by the County Environmental Health Manager,to determine their compliance with the County's standards for such systems. The County Environmental Health Manager may refer the development plans to the Colorado Department of Public Health and Environment for comment and approval, if required. 3. Required Tests. The applicant shall furnish to the satisfaction of the County Environmental Health Manager or Colorado Department of Public Health and Environment a report summarizing the percolation, groundwater and soil characteristics tests performed. a. Minimum Number and Spacing of Test Holes. The tests shall be performed in LAND USE REGULATIONS 4-74 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS a sufficient number in separate test holes spaced uniformly over the proposed absorption field sites, such that the results of said tests indicate that site conditions are adequate to permit the installation of the proposed type of soil absorption system without creating sanitation or pollution problems. (1) Test Methods. The absorption and percolation rates shall be determined by the methods prescribed by the County Environmental Health Division determines to be equivalent in accuracy. (2) Developments Having Varying Geology. In developments on land having varying geology,tests shall be run at sufficient locations to assure that each lot will have an acceptable primary and alternate location for an individual system. b. Qualifications. The tests shall be performed by a registered professional engineer licensed in the State of Colorado or a qualified geologist. D. Submission Standards. The preliminary plans for the development shall contain a design of the sewage disposal system at a preliminary engineering level sufficiently detailed to fully represent the mechanics of how the system will operate.. The final plans for the development shall contain a design of the system at an engineering level sufficiently detailed to permit accurate cost estimates. LAND USE REGULATIONS 4-75 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS DIVISION 4-7. IMPACT FEES AND LAND DEDICATION STANDARDS SECTION 4-700. SCHOOL LAND DEDICATION STANDARDS A. Formulas. Pursuant to Section 3028133(4)(a),C.R.S., 1973,as amended,the subdivider of land in each residential subdivision or portion of a subdivision intended for residential use shall allocate and convey sites and land areas for schools, when such are reasonably necessary to serve the proposed subdivision and the future residents thereof, as determined by Eagle County,based upon the School District's long range capital plan and evidence of the impact of the subdivision on the District,by applying the formulas set forth herein. (am 05/15/01) 1. Single-Family Units. Number of units X 0.0151 =dedication requirement in acres. 2. Duplex and MultiFamily Units,excluding Townhouse Units. Number of units X 0.0025 =dedication requirement in acres. 3. Townhouse Units, Defined as Multi-Family Units Where Each Unit is Located on a Separate Platted Lot. Number of units X 0.0054=dedication requirement in acres. 4. Mobile Home Units. Number of units X 0.0151 =dedication requirement in acres. B. Land Shall Be Usable. When land is dedicated for the purpose of providing a school site, it shall be that which is usable by the respective School District for such purpose, as determined by Eagle County, and shall be maintained by the School District in a reasonable manner until developed. Said land shall be held by the County for the School District until required by the School District. In the event that the School District determines subsequent to dedication that such school site is not reasonably necessary, the Board may, at the request of the School District, sell such land. (am 05/15/01) C. Cash-in-Lieu of Land Dedication. When sites and land areas for schools are not reasonably necessary to serve the proposed subdivision and the future residents thereof, the Board, with recommendations from the School District and other affected entities, shall require, in lieu of such conveyance of land, the payment in cash by the subdivider of an amount not to exceed the current full market value of such sites and land area for schools. The Board of County Commissioners shall determine the amount of such payment after considering information and testimony presented at the hearing for the final plat. (am 09/02/03) 1. Appraisal of Land to Be Subdivided. The subdivider shall provide, as part of the application for the final plat, an appraisal of the land area to be platted, prepared by an appraiser licensed or certified in Colorado, of the current full market value of the land LAND USE REGULATIONS 4-76 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS area being platted.The appraisal report shall be completed as a Summary Appraisal Report using the market approach to appraisal, and shall be dated no more than six (6) months prior to the date of application for the final plat. Full market value shall be based on anticipated market value after completion of platting. (am 09/02/03) 2. Money Shall Be Held By the Board. When money in lieu of land is required or when monies have been paid to the Board from the sale of such dedicated sites for schools, it shall be held by the Board for the acquisition of reasonably necessary sites for the construction of school facilities. (am 09/02/03) D. Dedication Requirements Shall Apply Only Once. School land dedication requirements shall apply only once to the same land area. Dedications shall not be required of re-subdivisions of the same land when a dedication has previously been made unless a net gain in residential units is realized as a result of a re-subdivision. In these instances,school land dedication requirements will be calculated proportionally, based upon the difference between the total number of allowed residential units prior to and after re-subdivision occurs.(am. 7/29/04) E. Dedication Shall Occur at Final Plat. The actual dedication or payment shall occur at the Final Plat stage. SECTION 4-710. TRANSPORTATION IMPACT FEES (orig.05/15/01)(am. 03/09/23) A. Short Title,Authority,and Application 1. Title. This Regulation shall be known and may be cited as the "Transportation Impact Fee Regulation." (orig. 03/09/23) 2. Authority. The Board of County Commissioners has the authority to adopt this Regulation pursuant to the Colorado Constitution and"29-20-101-107,30-28-106, 30-28-133, C.R.S. and all other relevant laws of the State of Colorado. 3. Application. This Regulation shall apply to all lands within unincorporated Eagle County and, pursuant to intergovernmental agreements, all other lands within the county lying within the boundaries of Participating Municipalities. B. Intent and Purpose. 1. Intent. This Regulation is intended to implement and be consistent with the Transportation Plan, Road Capital Improvement Plan (CIP), Transportation Impact Fee Study, ECO Transit Plan, ECO Trails Plan, and the Eagle County Master Plan. (orig. 03/09/23) 2. Purpose. The purpose of this Regulation is the establishment of a system for the imposition of transportation impact fees to assure that new development contributes its proportionate share of the cost of providing, and benefits from the provision of, Road Capital Improvements identified as needed to be built in the Road CIP. (orig. 03/09/23) 3. Regulations, Standards, and Criteria. The regulations, standards, and criteria for the LAND USE REGULATIONS 4-77 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS Transportation Impact Fee shall be as set forth in the Engineering Criteria Manual,Transportation Impact Fees. (orig. 03/09/23) SECTION 4-720. EMERGENCY SERVICE IMPACT FEES (orig.12/13/05) A. Purpose.The purpose of this Section is to: 1. Provide a rational system for identifying and mitigating growth-related costs associated with growth and development and the expansion of emergency services and facilities made necessary by land development activities, a growing population and economic activity levels. 2. Implement the methodology and analysis for the determination of the impact of new development on the need for, and cost of, additional Emergency Service Capital Improvements. 3. Ensure that the Emergency Service Impact Fees established by this Section are based on, and do not exceed, the cost of providing additional Emergency Service Capital Improvements necessitated by new development. 4. Regulate the development of land to ensure that new development bears a proportionate share of the cost of Emergency Service Capital Improvements necessary to provide adequate emergency services within Eagle County. 5. Assure that the system of Emergency Service Impact Fees implemented in this Section is linked to an Emergency Service Capital Improvements program designed to provide the facilities and equipment for which the Emergency Service Impact Fees are imposed. B. Definitions.The following terms as used in this Section shall have the meanings set forth unless it is apparent from the context that they have a different meaning. 1. Developer: A Developer as defined in Chapter 2 of these Eagle County Land Use Regulations. 2. Development: Development as defined in Chapter 2 of these Eagle County Land Use Regulations 3. Emergency Service Capital Improvement: a. Includes: (1) Fire Protection or emergency medical, rescue and ambulance service planning,preliminary architectural and engineering services, architectural and engineering design studies, land surveys, land acquisition, site improvements and off-site improvements associated with new or expanded facilities used for Fire Protection or emergency medical, rescue and ambulance service; LAND USE REGULATIONS 4-78 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS (2) Construction of buildings and facilities used for Fire Protection or emergency medical,rescue and ambulance services; and (3) Purchase of fire suppression or emergency medical,rescue and ambulance apparatus and equipment, including communications equipment, with an average useful life of at least five years, necessary to adequately protect and serve new development and its inhabitants. b. Excludes periodic or routine maintenance of facilities and equipment,personnel costs or operational expenses. 4. Emergency Service-Generating Development: Any development designed or intended to permit a use of the land that will contain or convert to more dwelling units or floor space than the most intensive use of the land within the twelve (12) months prior to the commencement of Emergency Service-Generating Development in a manner that increases the need for Emergency Service Capital Improvements as identified in the Fiscal Impact Fee Study. 5. Emergency Service-Generating Development, Commencement of: The issuance of a building permit or other applicable approval process on a lot or other parcel of land for which an Emergency Service Impact Fee has not previously been paid. 6. Emergency Service Impact Fee: A fee for Fire Protection or emergency medical, rescue and ambulance service established pursuant to this Section. 7. Emergency Service Provider: A governmental entity providing public Fire Protection, emergency medical, rescue or ambulance services or any combination of such services. 8. Fire Protection:The prevention and extinguishment of fire,protection of life and property from fire, enforcement of municipal, county, district, and state fire prevention codes, and provision of services authorized by statute or typically provided by a public fire department. 9. Fiscal Impact Fee Study: A studythat mathematicallycalculates the fiscal impact of P Y p future demand for emergency services of the applicable Emergency Service Provider. 10. Impact Fee Administrator: The Impact Fee Administrator appointed as provided in Section 4-710 of these Eagle County Land Use Regulations, to administer the Emergency Service Impact Fee program established by this Section 4-720. C. Imposition of Emergency Service Impact Fees. Any Developer who has not already dedicated land to defer anticipated impacts of a proposed Emergency Service-Generating Development shall upon Commencement of an Emergency Service-Generating Development pay an Emergency Service Impact Fee in the manner and amount set forth in this Section. 1. Time of Fee Obligation and Payment. a) After the effective date of this Regulation, upon the Commencement of LAND USE REGULATIONS 4-79 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS • the Emergency Service-Generating Development within unincorporated areas of the county, an Emergency Service Impact Fee, pursuant to the terms of this regulation,shall be imposed on each Lot(or other portion)of the Development. The amount of the Emergency Service Impact Fee shall be determined and paid to the Impact Fee Administrator at the time of issuance of a building permit for the Development, or other associated actions of Eagle County having the effect of permitting the development of land. The obligation to pay the Emergency Service Impact Fee shall run with the land, and, therefore, the unpaid obligation to pay fees passes with title for purposes of these regulations. No building permit will be issued, or other land use activity requiring Eagle County approval will commence until all fees due hereunder with respect to the Lot,or parcel of land which is the subject of the building permit application, or other applicable approval process have been paid in full. If any credits are due pursuant to Section 4-720.H, they shall also be determined at that time. The fee shall be computed separately for the amount of construction activity covered by the permit, if the building permit is for less than the entire Development. If the fee is imposed for an Emergency Service- Generating Development that increases emergency service impact because of a change in use,the fee shall be determined by computing the difference in the fee schedule between the new Emergency Service-Generating Development and the existing Emergency Service-Generating Development. 2. Exemptions. The following shall be exempt from the terms of this Regulation. An exemption must be claimed by the fee payer at the time of application for a building permit. a) Alterations, expansion, or replacement of an existing building where no additional dwelling units are created, the use is not changed, and no additional need for Emergency Service Capital Improvements will be produced. b) The construction of accessory buildings or structures that will not produce additional need for Emergency Service Capital Improvements over and above that produced by the principal building or use of the land. c) The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use,provided that no additional need for Emergency Service Capital Improvements will be produced over and above that produced by the original use of the land. d) The following types of re-plat will not necessitate payment of Emergency Service Impact Fees LAND USE REGULATIONS 4-80 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS e) Private recreational facilities within a residential subdivision that are restricted for the use of residents and will not generate additional need for Emergency Service Capital Improvements. 3. Waiver by the Board of County Commissioners. The Board of County Commissioners may waive the applicable Emergency Service Impact Fee on the development of low or moderate-income housing or affordable employee housing as defined by Eagle County government in Section 4-710 of these Land Use Regulations,pursuant to C.R.S. 29-20-104.5(5). D. Emergency Service Impact Fee Amount.Upon application by an Emergency Service Provider, supported by a Fiscal Impact Fee Study,the amount of any Emergency Service Impact Fee to be charged shall be set and revised from time to time by resolution of the Board of County Commissioners adopted pursuant to Subsection J.,except that the annual adjustment for inflation provided in Subsection J.1 shall be automatic and shall not require adoption of an implementing resolution. E. Alternative Calculation Study. In lieu of charging the Emergency Service Impact Fee amount adopted pursuant to Subsection D above, a Developer may prepare and submit to the Impact Fee Administrator a site-specific Fiscal Impact Fee Study for the Emergency Service-Generating Development. The site-specific Fiscal Impact Fee Study shall be referred to the Emergency Service Provider serving the Development for comment and recommendations. The site-specific Fiscal Impact Fee Study shall follow the prescribed methodologies and formats established by the applicable Emergency Service Provider and shall show the basis upon which the proposed Emergency Service Impact Fee was calculated, and shall be based on the same level of service and service standards provided for in the Fiscal Impact Fee Study underlying the Emergency Service Impact Fee amount established under Subsection D. The site-specific Fiscal Impact Fee Study shall be prepared and presented by professionals qualified in their respective fields. The Impact Fee Administrator shall consider the documentation submitted by the Developer and recommendation of the Emergency Service Provider but is not required to accept such documentation or recommendation. If the Impact Fee Administrator determines that an acceptable site-specific Fiscal Impact Fee Study has not been presented,the Developer shall pay the Emergency Service Impact Fee based upon the amount set pursuant to Subsection D above. Determinations made by the Impact Fee Administrator pursuant to this Section may be appealed to the Emergency Services Impact Fee Board,consisting of the Board of County Commissioners, by filing a written request with the Clerk to the Board of County Commissioners within ten(10) days of the Impact Fee Administrator's determination. Following the submittal of such request, the Emergency Service Impact Fee Board shall hold a public hearing to determine the amount of the Emergency Service Impact Fee that shall be paid prior to issuing the requested building permit. The decision of the Emergency Service Impact Fee Board is subject to judicial appeal. Pending a judicial appeal of the decision of the Emergency Service Impact Fee Board,the Developer may LAND USE REGULATIONS 4-81 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS pay the Emergency Service Impact Fee determined by the Emergency Service Impact Fee Board and proceed with the Development. F. Time for Payment of Emergency Service Impact Fee. A Developer requesting approval of an Emergency Service-Generating Development shall pay the Emergency Service Impact Fee at the time of issuance of a building permit for the Development,or other associated actions of Eagle County having the effect of permitting the development of land. The obligation to pay the Emergency Service Impact Fee shall run with the land, and,therefore,the unpaid obligation to pay such fees passes with title to the property. No building permit will be issued until all Emergency Service Impact Fees due hereunder with respect to the lot that is the subject of the building permit application have been paid in full. G. Use of Emergency Service Impact Fees. 1. All Emergency Service Impact Fees collected pursuant to this Section shall, within sixty (60) days following payment to the County, be transferred to the applicable Emergency Service Provider. 2. All Emergency Service Impact Fees collected pursuant to this Section shall be deposited by the applicable Emergency Service Provider, in an interest-bearing account that clearly identifies the category, account, or fund of capital expenditure for which such Emergency Service Impact Fee was imposed and the Development for which the Emergency Service Impact Fee was imposed. Any interest or other income earned on moneys deposited in said interest-bearing account shall be credited to the account. 3. Emergency Service Impact Fees shall be used exclusively for Emergency Service Capital Improvements. 4. No Emergency Service Impact Fees shall be used for periodic or routine maintenance, personnel costs, or operational expenses. 5. In the event bonds or similar debt instruments are used to fund Emergency Service Capital Improvements prior to collecting the necessary Emergency Service Impact Fees, once collected, Emergency Service Impact Fees may be used to pay debt service on such bonds or similar debt instruments. 6. In the County's discretion, the County may require the applicable Emergency Service Providers enter into intergovernmental agreements with the County regarding the method of collection and administration of the Emergency Service Impact Fee program, allocating or delegating such functions as the parties deem appropriate. In the event the County collects and administers the Emergency Service Impact Fee program, the County shall retain a reasonable administrative fee not to exceed six percent(6%). H. Credit for Improvements. 1. General Standards. LAND USE REGULATIONS 4-82 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS a. Any person causing the Commencement of an Emergency Service-Generating Development may apply for credit against Emergency Service Impact Fees otherwise due, up to but not exceeding the full obligation for Emergency Service Impact Fees proposed to be paid pursuant to the provisions of this Regulation, for any contributions, construction, or dedication of land accepted or received by Eagle County or the applicable Emergency Service Provider, for purposes of providing Emergency Service Capital Improvements necessitated by the Development. b. Credit shall be in an amount equal to fair market value of the land dedicated for emergency Service Capital Improvements at the time of dedication,the fair market value of the construction at the time of its completion, or the value of the contribution or payment at the time it is made for construction of an Emergency Service Capital Improvement. c. The credit shall not exceed the amount of the Emergency Service Impact Fees due and payable for the Emergency Service-Generating Development. 2. Emergency Service Impact Fee Credits. a. The determination of any credit shall be undertaken through the submission of an application for credit agreement, which shall be submitted to the Emergency Service Impact Fee Committee, which shall consist of the Impact Fee Administrator and one(1)representative appointed by the applicable Emergency Service Provider. b. The application for a credit agreement shall include the following information: (1) If the proposed application involves a credit for any cash contribution, the applicant shall provide a certified copy of the Development approval in which the contribution was agreed;proof of payment,if payment has been made; or the proposed method of payment,if payment has not been made. (2) If the proposed application involves credit for the dedication of land, the applicant shall provide a drawing and legal description of the land; the appraised fair market value of the land at the date a building permit is proposed to be issued for the Emergency Service-Generating Development, prepared by a professional Real Estate Appraiser who is a member of the Member Appraisal Institute (MAI)or who is a member of Senior Residential Appraisers(SRA),and if applicable,a certified copy of the Development permit in which the land was agreed to be dedicated. (3) If the proposed application involves credit for construction, the applicant shall provide the proposed plan of the specific construction prepared and certified by a duly qualified and licensed Colorado engineer or contractor; the projected costs for the suggested improvement, which LAND USE REGULATIONS 4-83 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS shall be based on local information for similar improvements, along with the construction timetable for the completion thereof. Such estimated costs shall include the cost of construction or reconstruction,the cost of all labor and materials, the cost of all lands, property, rights, easements and franchises acquired, financing charges, construction costs of plans and specifications, surveys, costs of professional services, and all other expenses necessary or incident to determining the feasibility or practicability of such construction or reconstruction. 3. Procedure for Review of Credit Applications. a. Within ten (10) days of receipt of the proposed application for credit agreement, the Emergency Service Impact Fee Committee shall determine if the application is complete. If it is determined that the proposed agreement is not complete,the Emergency Service Impact Fee Committee shall send a written statement to the applicant outlining the deficiencies. The Emergency Service Impact Fee Committee shall take no further action on the proposed application for credit agreement until all deficiencies have been corrected or otherwise settled. b. Once the Emergency Service Impact Fee Committee determines the proposed application for credit agreement is complete, it shall be reviewed within thirty (30)days. The application for credit agreement shall be approved if it complies with the standards in this subsection 4-720.H. c. If the application for credit agreement is approved by the Emergency Service Impact Fee Committee, a credit agreement shall be prepared and signed by the applicant and Eagle County or the applicable Emergency Service Provider where the land for which the credit is sought is located. (1) Agreements for pre-impact fee credits shall state the dollar credit that is applicable to the Development and the manner in which the credit will be applied to new building permits within the Development. (2) Agreements for post-impact fee credits shall specifically outline the contribution,payment, construction or land dedication,the time by which it shall be completed, dedicated, or paid, and any extensions thereof, and the dollar credit that will be available and the manner in which the credit will be applied to new building permits within the Development. 4. Appeal of Credit Decision. A fee payer affected by the decision of the Emergency Service Impact Fee Committee regarding credits may appeal such decision to the Emergency Service Impact Fee Board consisting of the Board of County Commissioners. The appeal shall be initiated by filing with the Emergency Service Impact Fee Committee,within ten (10)days of the date of the written decision,a written notice stating and specifying briefly the grounds of the appeal. The Emergency Service Impact Fee Committee shall place such appeal on the Emergency Service Impact Fee Board's agenda for the next regularly scheduled meeting of the Board of County Commissioners. LAND USE REGULATIONS 4-84 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS The Emergency Service Impact Fee Board, after a hearing, shall affirm or reverse the decision of the Emergency Service Impact Fee Committee based on the standards of this Section 4-720.H. If the Emergency Service Impact Fee Board reverses the decision,it shall direct the Emergency Service Impact Fee Committee to readjust the credit in accordance with its findings. The decision of the Emergency Service Impact Fee Board shall be final. Unpaid Emergency Service Impact Fees.The Board of County Commissioners reserves the right to withhold or revoke any permits,certificates,or other approvals for any land or building for which the payment of Emergency Service Impact Fees is delinquent. J. Adjustment and Review of Emergency Service Impact Fees.The amount of the Emergency Service Impact Fee shall be reviewed and adjusted as follows: 1. The Emergency Service Impact Fee shall be adjusted annually for inflation, effective January 15 of each year. The adjustment shall be based upon the percentage change in the United States Bureau of Labor Statistics Consumer Price Index for Denver-Boulder,all items, all urban consumers, or its successor index, or an equivalent index applicable to Eagle County. The applicable Emergency Service Provider shall annually notify in writing the Impact Fee Administrator of the amount of the annual adjustment for inflation. 2. The Board of County Commissioners may, annually, in conjunction with the presentation of the County's proposed budget, consider any further adjustments to the Emergency Service Impact Fee, following consultation with the applicable Emergency Service Provider. 3. No less frequently than every five (5) years, the applicable Emergency Service Provider shall provide to the Board of County Commissioners an updated Emergency Service Fiscal Impact Fee Study, and proposal to update the Emergency Service Impact Fee amount. K. Application. The requirements of this Section shall apply only within the jurisdiction and boundaries of an Emergency Service Provider for which a resolution setting an Emergency Service Impact Fee has been adopted pursuant to Subsection D, above. Pursuant to Section 24-68- 102.5, C.R.S., the provisions of this Section shall apply to all land use applications currently pending at the time this Section becomes effective. LAND USE REGULATIONS 4-85 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX DIVISION 4-8. SUSTAINABLE COMMUNITY INDEX(org.9/17/08) SECTION 4-800. PURPOSE The Sustainable Community Index (SCI) is a development review tool to comprehensively analyze how new developments contribute toward sustainable community development. The intent of the SCI is to give staff,developers, and decision makers an indicator as to the level of sustainability a project includes within it, as well as its contribution to the broader community. Sustainable Community shall be defined as: a community which fosters economic opportunity and social capital while protecting and restoring the natural environment upon which people and economies depend. SECTION 4-801. APPLICABILITY The SCI shall apply to all proposed PUDs,PUD amendments,Final Plats, Major Special Use Permits,and Zone Changes as a required finding to be met for approval. SECTION 4-820.POINT REQUIREMENTS The SCI shall utilize the following point thresholds to be incorporated into the SCI finding: 140+ EXCEEDS MINIMUM STANDARDS 70-139 MEETS MINIMUM STANDARDS 0-69 DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE The point scale above assumes a maximum point score of 210, with 70 (meets minimum standards) and 140 (exceeds minimum standards) representing 33% and 66% thresholds of this maximum number, respectively. For proposals where certain line items from the SCI which are not applicable to the project, the total maximum points and point thresholds shall be adjusted and pro-rated accordingly. A non- applicable point or line item is one which is impossible to include in the project because of its location or existing condition. A point or line item cannot become non-applicable due to a proposed design or recent actions taken by the applicant. For example, a project with 30 non-applicable points would have a maximum of 180 points and• the following SCI finding thresholds would apply accordingly: 120+ EXCEEDS MINIMUM STANDARDS 60-119 MEETS MINIMUM STANDARDS 0-59 DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE LAND USE REGULATIONS 4-86 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX SECTION 4-830. POINT DETAILS SECTION 4-830.1.SITE/LOCATION: 1.1 LOCATION INFILL/REDEVELOPMENT: • The project is either infill or adjacent to an existing town or community center (defined as an area with multiple private businesses and services within walking distance of each other). a. Infill site: The site is surrounded on all sides by development. 4 points b. Adjacent site: The site is adjacent to existing development as part of a town or community center on at least one side of the project. 2 points c. Previously developed(deconstruction required): 1 point 1.2 TRANSIT: Over 50% of the development is within walking distance(1/4 mile)to public transit. 5 points 1.3 PROXIMITY TO EXISTING WATER/WASTEWATER: a. The project water distribution and sewer collection infrastructure connects to existing infrastructure on site or immediately adjacent to the property and is served by water and wastewater treatment facilities operated by the regional water and wastewater treatment provider. 4 points. b. OR,the developer is working with an existing regional water and wastewater service provider to obtain efficient infrastructure tie-in and service. 2 points. 1.4 WILDLIFE/ECOLOGICAL COMMUNITIES: • Upon biological study of the area, a wildlife plan shall be completed to the satisfaction of the CPW for any critical wildlife habitats as defined by the CPW. Identify and protect any wildlife movement route/corridors on or near the property. 5 points. 1.5 RIPARIAN/WETLAND PRESERVATION: For any site with wetland/stream/water body(s),any development is setback at least 100 feet from the edge of the delineated riparian/wetland vegetation, and avoids any floodplain. 1 point. For any project within 200 feet of a wetland, stream, or water body, a water quality management plan is submitted, including erosion and impact control measures and water quality testing before, during, and after construction to demonstrate no impact to water quality. 2 additional points. 1.6 AGRICULTURAL LAND PRESERVATION: The project is either on previously developed land or is not located on land historically used for LAND USE REGULATIONS 4-87 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX agriculture or suitable for agricultural use as defined by the Natural Resources Conservation Service. 2 points 1.7 EXISTING VEGETATION PRESERVATION: The project avoids disturbance of existing trees and mature shrub species (2 points), or disturbs no more than 10% of existing trees/shrubs on the site (1 point). Such vegetation is fenced off outside of limits of disturbance during construction. If no such vegetation exists on site,item inapplicable. 1.8 BROWNFIELDBLIGHT REDEVELOPMENT: a. The project redevelops an area that is currently dilapidated or blighted. `Blight' is defined as: an unsightly condition including the accumulation of debris, litter, rubbish, or rubble; fences or structures characterized by holes,breaks,rot, crumbling,cracking peeling,rusting or damage; and any other similar conditions of disrepair and deterioration regardless of the condition of other properties in the neighborhood. 2 points OR b. The project cleans up a brownfield lot. In this case `brownfield' is a property with actual demonstrated past commercial or industrial contamination. A contamination cleanup plan would need to be documented and administered. 3 points 1.9 STEEP SLOPES/RIDGELINES: The project avoids ridgelines and slopes steeper than 20%. 3 points 1.10 STORMWATER MANAGEMENT: a. At least 30%of the runoff is reduced/detained during a 1-inch rain event. 1 point b. 100%of surface runoff travels through bioswales,engineered wetlands,landscaped detention areas, and/or other vegetated drainage features that remove particulates and pollutants from surface runoff, provide onsite rainwater irrigation, and promote natural groundwater recharge. No vegetated drainage feature that drains to a live stream shall be less than 100'. 2 points SECTION 4-830.2. CONNECTIONS/USES: 2.1 OPEN COMMUNITY: The project is not gated; roads/paths/amenities are open to the public for use and connected to the community outside the development project. 2 points 2.2 PUBLIC ACCESS: The project provides public access to existing or appropriate trailheads or access points to public lands or rivers(new access points must include approval from appropriate jurisdictional authority). 4 points. LAND USE REGULATIONS 4-88 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX 2.3 COMPACT DEVELOPMENT: Residential has a minimum average gross density of 7 units per acre. Non-residential has a minimum floor area ratio (FAR)of 0.50 for mixed use, 0.70 for non-residential only. 5 points 2.4 REDUCED FOOTPRINT: The project is located entirely upon previously developed areas of the property. 1 pt. And/or: Total footprint does not exceed 50%of the property: 1 point. 2.5 CLUSTERING The project utilizes efficient infrastructure and reduced site impacts by concentrating development in compact clusters or nodes of development and creates or maintains open space on the property. (2 points) 2.6 OPEN SPACE: The project creates or maintains open space through conservation easement that meets the intent of the Eagle County Open Space Criteria (available on the Eagle County website www.eaglecounty.us). The abbreviated criteria and associated points are as follows: a. Scenic Landscapes and Vistas 3 points Preserve the protect Eagle County's outstanding natural beauty and visual quality. b. Regional Heritage,Agriculture and Ranching 3 points Retain Eagle County's history,culture,and agricultural land uses. c. Wildlife,Wildlife Habitat and Migration Routes 3 points Set aside areas critical to the long-term health and vitality of indigenous wildlife. d. Sensitive Lands and Environments 3 points Protect and enhance riparian areas, flood plains, and other sensitive, unique, or endangered ecosystems or environments. e. Physical and Visual Buffers 3 points Promote community separation and distinction,and provide separation between developed areas and sensitive lands. f. Access to Streams,Rivers, Public Lands, and Recreation Opportunities Provide access to public and/or private lands, and improve opportunities for high quality dispersed recreation. 3 points Open Space Potential points: 3 to 18 points 2.7 REDUCED PARKING FOOTPRINT: LAND USE REGULATIONS 4-89 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX a. No more than 20% of the total development footprint is represented in surface parking. 2 points 10%or less: 3 points b. For nonresidential projects, 10% of parking spaces are reserved for carpool vehicles of 2 or more passengers. 1 point c. Covered bicycle storage for minimum 15%of occupants. 1 point d. Covered bicycle storage for minimum 25%occupants. 2 points 2.8 PARKING LOCATION: For all non-residential and/or multi-family buildings, all surface parking must be at the side or rear of the structure,leaving building frontages and streetscapes free of parking lots. Side parking must be adequately screened. For single family/duplex units,garages cannot protrude from the front façade; side/rear parking, access via alley, etc.to promote pedestrian access. a. Parking only to rear of structure(s),or no surface parking lots: 4 points b. Parking to side of structure(not obstructing entrance): 2 points 2.9 REDUCED PARKING: a. Onsite parking does not exceed LUR requirements by more than 5%. 1 point b. A transportation demand management plan demonstrates at least a 15%reduction in parking need than required,and no offsite parking impacts are created: 2 points. c. A 25%reduction in on-site parking: 3 points. (Onsite parking does not exceed the plan's recommendations for parking.) 2.10 JOBS/HOUSING: a. For a commercial project, at least 25% of the floor area is residential. Jobs that would provide incomes able to support 50% of potential residents either exist onsite or within a half mile of the project. 4 points b. For a residential project, at least 25% of the floor area is for commercial uses. The commercial component would create jobs with incomes able to support 50%of potential residents. 4 points 2.11 SCHOOL PROXIMITY: A public school is located within a mile of the project. Children are able to walk or ride from the development to the school safely on designated routes or paths. Distance is measured as traveled on such routes. 3 points. 2.12 DIVERSITY OF USES: LAND USE REGULATIONS 4-90 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX The project includes the following non-residential uses (one point for each type): Bank Pharmacy Child care facility(licensed) Church Community/civic center Police/fire station Convenience store Post office Hair care Restaurant Hardware store School Health club or recreation facility Senior care facility Laundry/dry cleaner Supermarket Library Theater Medical/dental office Bar Office,general(not in-home) Liquor Store 2.13 DIVERSITY OF HOUSING TYPES: To enable citizens from a wide range of economic levels and age groups to live within a community, a diversity of housing types is necessary. One point for each housing type above 2 as defined in the following list: Detached residential large(> 1800 ft2,not to exceed 3000 ft2) Detached residential small (< 1800 ft2) Duplex or townhouse large(> 1200 ft2,not to exceed 2000 ft2) Duplex or townhouse small(< 1200 ft2) Multifamily large(> 1000 ft2,not to exceed 2000 ft2) Multifamily small (< 1000 ft2) Live/work large(> 1200 ft2) Live/work small(< 1200 ft2) Accessory Dwelling Unit large(>850 ft2,not to exceed 1000 ft2) Accessory Dwelling Unit small(< 850 square feet) 2.14 AFFORDABLE HOUSING: One points for each affordable housing unit provided above what is called for in the housing guidelines. 2.15 AFFORDABLE RENTAL HOUSING: Onsite rental housing is provided. a. Minimum 15%onsite rental housing is attainable for households up to 50%AMI 2 points. b. Beyond item above, 15% additional onsite rental housing is available for households up to 80% AMI. 2 additional points. SECTION 4-830.3. TRANSPORTATION: LAND USE REGULATIONS 4-91 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF 3.1 WALKABLE STREETS: DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX LAND USE REGULATIONS 4-92 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586BSECF DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX a. Each building has a principle front entry that faces a functional public pedestrian space. A functional public pedestrian space is one that has gathering areas nearby and is connected to pedestrian walkways. 2 points b. Sidewalks, footpaths, or woonerfs are available on all streets within and bordering the project. 2 points A`woonerf is defined as a multi-modal plaza or street where pedestrians and bicycles have legal priority over motorists. Cars have access through woonerfs,but their designed speed is 5 mph. c. The public realm is entirely ADA accessible. REQUIRED d. 10'wide sidewalks in front of non-residential buildings. 1 point e. All streets facing non-residential mixed-uses have road designs for 25 mph or slower. 2 points f. All streets in residential-only blocks have road designs for 20 mph or slower. 2 additional points g. At least 50% of the building frontages have less than 18-foot setback and are contiguous to the sidewalk/public realm. 2 points h. Functional entryways for non-residential/mixed-use buildings occur at least every 75 feet on average. 2 points i. All ground-level non-residential interior space has at least 30% transparent glass on the ground-level facade. 2 points j. No blank walls longer than 50 feet occur along sidewalks. Windows, doors, artwork or murals act as breaks to blank walls. 2 points k. On-street parking is provided for at least 70%of streets. 2 points 1. Street trees occur between the street and sidewalk at least every 40 feet. 2 points m. For non-residential projects,at least 50%of ground level space is retail or service(banks/real estate not included). 2 points n. Trees, awnings, or other structures provide shade to at least 50% of sidewalks (tree shading at maturity). 2 points o. Pet pickup stations are provided in appropriate locations throughout the development. 1 point 3.2 STREET NETWORK: The project has a traditional small-block grid pattern. 2 points If not a grid pattern, At least 50% of cul-de-sacs have a bicycle/pedestrian path through-connection. If LAND USE REGULATIONS 4-93 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX topographic or other limitations prevent connection,those are not included in calculation. 1 point 3.3 TRANSIT FACILITIES: Provide transit stops designed pursuant to Eco-Transit or RFTA design specifications for covered,partially enclosed,lighted facilities with bicycle racks,maps and route signage information.2 points Covered bicycle storage: 1 additional point. 3.4 WALKABLE VICINITY ACCESS: Outside services and stores are within walkable distance to the project location. Use www.walkscore to establish the vicinity walkability of the project. A score of: 10-25 gets 1 point 26-50 gets 2 points 51-75 gets 3 points 76-100 gets 4 points 3.5 BICYCLE NETWORK: The project provides accessibility and connection to bicycle paths and routes connecting it to a town of community center,Eco-Trails Core Valley Trail,or Mid-Valley Trail. 3 points 3.6 ACCESS TO PUBLIC SPACES: 90% dwelling units and/or non-residential spaces are within a 1/4 mile of a public green space that is at least '/4 acre in size(cannot be a narrow strip of greenspace). 2 points 3.7 ACCESS TO ACTIVE SPACE: The project allows access to public outdoor recreation areas. a. 90% of dwelling units are within '/Z mile of a public active space of at least 1 acre (soccer felds, ball fields,basketball court,park with active recreational facilities, etc.) 2 points .b. 50% of dwelling units are located within Y2 mile of a recreation path or network or that is least 3 miles in length. 1 point c. 50% of dwelling units are located within 3/4 mile of a dog park area (pickup stations required) 1 point. 3.8 LOCAL FOOD PRODUCTION: a. The project allows for private gardens in sideyards,backyards, and/or balconies. 1 point b. Neighborhood gardens exist as dedicated areas of 100 square feet per dwelling unit that include fencing, irrigation,and raised beds. 2 points LAND USE REGULATIONS 4-94 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX c. The project is within 3 miles of a farmer's market that has been in place at least 2 years and includes no less than 3 local agricultural producers. 1 point SECTION 4-830.4. RESOURCE EFFICIENCY • 4.1 LIMITED TURF/EFFICIENT TURF SPECIES: a. Less than 25%of landscaped areas are irrigated turf grass. 1 point b. Irrigated turf grass areas use a species that requires on average 25% or less irrigation than Kentucky blue grass. 1 point 4.2 DIVERSE NATIVE LANDSCAPING: The project uses over 10 or more species of native low-water plant species as a part of its landscape plan. 2 points 4.3 XERISCAPE: The landscape plan demonstrates utilization of the seven principles of xeriscape design: 2 points a. Thoughtful landscape plan for dry/wet zones and plant maturity b. Select low-water-use plants as identified by CSU or recognized source c. Minimize or eliminate turf areas d. Use efficient irrigation(drip systems,EV schedules, etc.) e. Improve the soil f. Use mulches g. Demonstrate appropriate maintenance plan 4.4 SOLAR ORIENTATION: 75% of all buildings in the project have solar orientation. The south-facing façade of the buildings must be at least 1.5 times the east-west facades. 3 points. At least 50%of the south-facing façade area is capable of mounting a solar collection device which would generate at least 90%of an ideal aspect as calculated on www.pvwatt.com.Additional 2 points 4.5 RENEWABLE ENERGY: Provide on-site renewable energy system(s). 3 points for each 5% of total energy consumption offset by system(s). LAND USE REGULATIONS 4-95 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID A71BD6BA-487B-49BB-8D28-F9B3586B8ECF DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX 4.6 INFRASTRUCTURE RECYCLED CONTENT: Concrete and/or asphalt is at least 75%recycled content. 1 point Any mulch is recycled wood waste chip, and/or recycled tire mulch(for play areas). 1 point 4.7 RECYCLING: The project is designed with recycling containers for co-mingled, newspaper, and cardboard for non- residential, mixed-use, and multi-family projects (REQUIRED). 4.8 LIGHT POLLUTION: The project utilizes dark sky fully shielded down-facing lighting for infrastructure. Lighting doesn't create glare or be unnecessarily overpowered. Buildings shall only have exterior illumination necessary for safety requirements and minimal signage illumination for commercial uses (REQUIRED). 4.9 INNOVATION IN DESIGN: Demonstrate other components of the design that meet the intent of the Sustainable Design Index which is to promote resource efficiency, renewable power, reduced impacts, and social capital/equity. Points reviewed on a case by case basis. LAND USE REGULATIONS 4-96 EAGLE COUNTY,COLORADO Article 4 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 7 ENFORCEMENT - EAGLE COUNTY Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 7• ENFORCEMENT TABLE OF CONTENTS ARTICLE 7 ENFORCEMENT TABLE OF CONTENTS PAGE SECTION 7-100. General 7-1 SECTION 7-110. Revocation or Suspension of Special Use Permit,Variance Permit,PUD or Subdivision 7-2 SECTION 7-120. Abatement of Violations 7-3 SECTION 7-130. Notification to Correct Violation 7-6 SECTION 7-140. Other Remedies 7-7 LAND USE REGULATIONS 7-i EAGLE COUNTY,COLORADO Appendix 7 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 7: ENFORCEMENT 7-100.GENERAL ARTICLE 7 ENFORCEMENT SECTION 7-100. GENERAL A. Authority. The provisions of these Land Use Regulations shall be enforced by the Board of County Commissioners and the County Attorney through their authority to abate any violations,and enjoin, restrain,and prosecute any person violating these Land Use Regulations pursuant to Colorado law. B. Unlawful to Violate These Land Use Regulations. 1. Development or Use of Building, Structure or Land. It shall be unlawful to develop, alter or use any building, structure, or land in unincorporated Eagle County in violation of these Land Use Regulations. Any person violating these Land Use Regulations commits a civil infraction. Each day during which such illegal action continues shall be deemed a separate offense. (am. 05/01/07) (am. 12/01/24) 2. Subdivision. a. General. Any subdivider or agent of a subdivider who transfers or sells land before a Final Plat for that land has been approved pursuant to the requirements of these Land Use Regulations and recorded or filed in the Office of the Clerk and Recorder shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than five hundred (500) dollars for each parcel or interest in subdivided land which is sold or offered for sale. All fines collected shall be credited to the General Fund of the County. b. Injunction. The Board of County Commissioners has the power to bring an action to enjoin any subdivider from selling subdivided land before a Final Plat for Subdivision for such subdivided land has been approved by the Board of County Commissioners. c. Guarantee of Public Improvements. The Board of County Commissioners or • any purchaser of any lot, tract, or tract of land subject to Subdivision which is the security portion of a Subdivision Improvements Agreement shall have the authority to bring an action in any District Court to compel the enforcement of any Subdivision Improvements Agreement on the sale, conveyance,or transfer of title of any lot, tract, or tract of land or any other provision of the Subdivision Improvements Agreement. Such authority shall include the right to compel rescission of any sale, conveyance, or transfer of title of any lot, tract, or tract of land contrary to the provisions of any such restriction set forth on the plat or in any separate recorded instrument,but any such action shall be commenced prior to the issuance of the Building Permit. (am. 05/01/07) LAND USE REGULATIONS 7-1 EAGLE COUNTY,COLORADO Appendix 7 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 7: ENFORCEMENT 7-110.REVOCATION OR SUSPENSION OF SPECIAL USE PERMIT VARIANCE PERMIT PUD OR SUBDIVISION d. Suspension. The Board of County Commissioners may suspend or withdraw any approval of a Preliminary Plan or Final Plat for Subdivision, or may require corrective measures to be taken following a determination that the information provided by the subdivider upon which the approval is based is false or inaccurate. A written notice from the Board of County Commissioners or its designated representative shall be served upon the subdivider, setting out a clear and concise statement of the alleged facts and directing the subdivider to appear at a specified regular meeting of the Board of County Commissioners not less than ten (10) calendar days nor more than thirty (30) calendar days after the date of service of notice. The Board of County Commissioners shall determine at that meeting the nature and extent of alleged false or inaccurate information,shall consider any new significant information that has been brought to their attention, and shall, for good cause shown, suspend or withdraw any approval or require certain corrective measures to be taken. This Section shall not apply to any Final Plat for Subdivision where lots have been sold. SECTION 7-110. REVOCATION OR SUSPENSION OF SPECIAL USE PERMIT, VARIANCE PERMIT,PUD OR SUBDIVISION Revocation or suspension of a Special Use Permit, Variance Permit, Preliminary Plan for PUD, or Subdivision(Preliminary Plan or Final Plat for Subdivision)issued pursuant to these Land Use Regulations shall be made under the procedures and standards of this Section,upon a finding that the Special Use Permit, Variance Permit,Preliminary Plan for PUD,or Subdivision(Preliminary Plan or Final Plat for Subdivision) was issued on the basis of erroneous or misleading information or representation,the development violates the terms or conditions of any permit issued pursuant to these Land Use Regulations,the terms or conditions of the Special Use Permit,Variance Permit,PUD,or Subdivision, or these Land Use Regulations. A. Procedure. 1. Initiation by County. If the County determines there are reasonable grounds for the revocation or suspension of a Special Use Permit, Variance Permit, Preliminary Plan for PUD, or Subdivision (Preliminary Plan or Final Plat for Subdivision)under the standards of Section 7-110.B., Standards, the Code Enforcement Officer shall set a hearing before the Board of County Commissioners. 2. Notification. The Code Enforcement Officer shall give the permittee notification by mail a minimum of twenty (20) calendar days prior to the hearing. The notification shall also state the grounds for the revocation or suspension of the Special Use Permit, Variance Permit, Preliminary Plan for PUD, or Subdivision (Preliminary Plan or Final Plat for Subdivision). LAND USE REGULATIONS 7-2 EAGLE COUNTY,COLORADO Appendix 7 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 7: ENFORCEMENT 7-120.ABATEMENT OF VIOLATIONS 3. Revocation or Suspension Hearing. The Board of County Commissioners shall conduct a hearing on the proposed revocation or suspension. 4. Decision of Board of County Commissioners. Within thirty(30)calendar days after the close of the hearing, the Board of County Commissioners shall render a decision on the revocation or suspension of the Special Use Permit,Variance Permit,Preliminary Plan for PUD, or Subdivision(Preliminary Plan or Final Plat for Subdivision)based on Section 7- 1 10.B., Standards. 5. Record. Hearings shall be recorded pursuant to Section 5-210.F.5.f.,Record. B. Standards. A Special Use Permit, Variance Permit, Preliminary Plan for PUD, or Subdivision (Preliminary Plan or Final Plat for Subdivision)shall be revoked or suspended if any one(1)of the following findings is made by the Board of County Commissioners. 1. Based on misleading information or misrepresentation. The permit was issued on the basis of erroneous or misleading information or misrepresentation; or 2. Violation of conditions of permit. The development violates the terms or conditions of the Special Use Permit, Variance Permit, Preliminary Plan for PUD), or Subdivision (Preliminary Plan or Final Plat for Subdivision) issued pursuant to these Land Use Regulations. C. Notification. Notification of the Board of County Commissioners' decision shall be provided by the Code Enforcement Officer to the permittee by mail within thirty (30) calendar days of the decision. D. Cumulative remedy. The Board of County Commissioners'right to revoke or suspend a Special Use Permit,Variance Permit,Preliminary Plan for PUD,or Subdivision(Preliminary Plan or Final Plat for Subdivision)as provided in this Section, shall be cumulative to any other remedy provided by law. SECTION 7-120. ABATEMENT OF VIOLATIONS A. General. Violations of these Land Use Regulations may be abated under the procedures and standards of this Section, at the election of the County Attorney; however, this procedure shall not be the sole remedy available, and the County may enforce these Land Use Regulations in any manner provided by law. LAND USE REGULATIONS 7-3 EAGLE COUNTY,COLORADO Appendix 7 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 7: ENFORCEMENT 7-120.ABATEMENT OF VIOLATIONS B. Procedure. 1. Notification of Violation. If after appraisal by the Code Enforcement Officer,the County determines that any land use within unincorporated Eagle County is in violation of the provisions of these Land Use Regulations, the County may mail a Notice to Abate to the landowner,stating the provisions of these Land Use Regulations being violated, and setting forth a reasonable period of time for the landowner to abate and correct the violation. 2. Hearing to Correct Violation. In the event the landowner fails to comply with the Notice to Abate, a Hearing Officer shall conduct a Hearing to Abate to ascertain whether abatement should be required under the procedures and standards of this Section. a. Notice of Hearing. The County shall provide notice of the Hearing to Abate to the landowner and complainant by certified mail,return receipt requested, a minimum of fourteen(14)calendar days prior to the date established for the hearing. Notice shall be substantially in the format set forth below LAND USE REGULATIONS 7-4 • EAGLE COUNTY,COLORADO Appendix 7 Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 7: ENFORCEMENT 7-120.ABATEMENT OF VIOLATIONS NOTICE OF HEARING ON ABATEMENT OF VIOLATION OF LAND This is a notice of hearing before a Hearing Officer of Eagle County,Colorado,to ascertain whether certain land or structures situated in unincorporated Eagle County, Colorado, known and designated as(street address) , in said County, and more particularly described as (legal description) with Tax Parcel No constitutes a violation of the County's Land Development Regulations and is subject to abatement pursuant to Section 7-120 thereof, and Section 30-28-124,Colorado Statutes. If the violation is not promptly abated by the landowner, such violation may be abated by County authorities, in which case the cost of any eviction or relocation of an illegal use,rehabilitation,repair,or demolition of an illegal structure will be assessed upon such land, and such costs, together with interest thereon, will constitute a lien upon such land until paid. In addition,the landowner may be cited for violation of the provisions of these Land Development Regulations and subject to a fine. Said alleged violation is of Section_of these Land Development Regulations,and consists of the following: The method(s)of abatement are: All persons having an interest in said matters may attend the hearing and their testimony and evidence will be heard and given due consideration. Dated this day of ,20_. Time and Date of Hearing: Location of Hearing: . LAND USE REGULATIONS 7-5 EAGLE COUNTY,COLORADO Appendix 7 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 7: ENFORCEMENT 7-120.ABATEMENT OF VIOLATIONS b. Recommended by Hearing Officer. (1) General. At the time stated in the Notice of the Hearing to Abate, the Hearing Officer shall conduct a hearing pursuant to the requirements of this Section, and shall hear and consider all relevant evidence, objections or protests,and shall hear testimony under oath of the alleged violator and all other persons having an interest in the hearing. (2) Continuance. The Hearing Officer may continue the hearing from time to time for good cause. (3) Recommended Order. If,after the conclusion of the hearing,the Hearing Officer finds that a violation of these Land Use Regulations does exist and there is sufficient cause to evict or relocate an illegal use or rehabilitate, demolish, remove or repair an illegal structure, the Hearing Officer shall prepare a recommended Order to Abate outlining findings and specifying the nature of the violation, the method of abatement and the time within which the work shall be commenced and completed. The recommended Order to Abate shall then be forwarded to the Board of County Commissioners for final action at a hearing. (4) Notification of Recommended Order. The Hearing Officer shall provide the landowner a copy of the recommended Order to Abate by mail,on the day the recommended Order is forwarded to the Board of County Commissioners for a final decision. b. Decision by Board of County Commissioners. (1) Scheduling Hearing. The Board of County Commissioners shall schedule a hearing on the recommended Order to Abate within thirty (30)calendar days from the date the recommended Order is forwarded to the Board of County Commissioners by the Hearing Officer. (2) Notice of Hearing. The County shall provide the landowner notice of the hearing by certified mail,return receipt requested,a minimum of fourteen (14)calendar days prior to the date of the hearing. (3) Continuances. Continuances of the hearing may be granted by the Board of County Commissioners on request of the landowner for good cause shown. (4) Decision by Board of County Commissioners. At the hearing,the Board of County Commissioners shall provide the landowner or the landowner's representative and the County Attorney an opportunity to make statements about the record established in the hearing held by the Hearing Officer and the recommended Order to Abate. The Board of LAND USE REGULATIONS 7-6 EAGLE COUNTY,COLORADO Appendix 7 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 7: ENFORCEMENT 7-130.NOTIFICATION TO CORRECT VIOLATION County Commissioners shall then review the record and recommended Order to Abate. The recommended Order to Abate, or a modified version thereof, shall be approved if there is competent substantial evidence in the record that a violation of these Land Use Regulations does exist and there is sufficient cause to evict or relocate an illegal use or rehabilitate, demolish,remove or repair an illegal structure. (5) Notice of Decision. The County shall provide a copy of the decision of the Board of County Commissioners to the landowner by mail, return receipt requested. 3. Record. Hearings shall be recorded pursuant to Section 5-120.f.5.f.,Record. C. Effect of Order to Abate. If an Order to Abate is issued it shall mean that the land or structure is in violation of these Land Use Regulations, and the illegal activity shall be discontinued and rehabilitated, repaired, removed, or demolished in the manner and means specifically set forth in the Order to Abate. D. . Abatement by County. If the violation is not abated pursuant to the Order to Abate within the prescribed abatement period,the County Attorney shall cause the violation to be abated by County employees or by private contract, or by any other means provided by Colorado law. The County Attorney is authorized to enter upon land for such purposes. The costs, including incidental expenses of abating the violation,shall be the responsibility of the landowner. The term"incidental expenses" shall include,but shall not be limited to,personnel costs, both direct and indirect; costs incurred in documenting the violation; the actual expenses and costs of the County in the preparation of notices, specifications and contracts, and in inspecting the work; and the costs of printing and mailing required hereunder. If the landowner fails to pay,the costs shall become a lien against the land. E. Cumulative Remedy. The County's right to abate a violation of these Land Use Regulations, as provided in this Section, shall be cumulative to any other remedy provided by law. SECTION 7-130. NOTIFICATION TO CORRECT VIOLATION A. General. If the Code Enforcement Officer has personal knowledge of any violation of these Land Use Regulations,the Code Enforcement Officer shall give written notice to the alleged violator by certified mail, return receipt requested. The notification shall state the provisions of these Land Use Regulations being violated, and state that the violator shall correct the violation within ten (10) calendar days of receipt of the notification. (am. 05/01/07) B. Failure to Comply. If the violator fails to correct the violation within ten(10)calendars days,the Code Enforcement Officer may, through the County Attorney, request the Sheriff to issue a summons and complaint against the violator pursuant to Colorado law stating the nature of the violation with sufficient particularity to give notice of the charge to the violator. It shall be the responsibility of the County Attorney to enforce this provision. (am. 05/01/07) LAND USE REGULATIONS 7-7 EAGLE COUNTY,COLORADO Appendix 7 Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF ARTICLE 7: ENFORCEMENT 7-140.OTHER REMEDIES SECTION 7-140. OTHER REMEDIES. A. Civil Remedies. If any person, firm or corporation violates these Land Use Regulations,the Board of County Commissioners through the County Attorney may seek either or both of the following civil remedies. (am. 05/01/07) 1. Injunction. The Board of County Commissioners, through the County Attorney, in addition to other remedies provided by law, may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful use,construction, alteration or development. (orig. 05/01/07) 2. Civil Penalty. Any person, firm or corporation violating these Land Use Regulations may also be subject to imposition,by order of the County Court,of a civil penalty in an amount of not less than five hundred dollars ($500) or more than one thousand dollars ($1000). Each day after the issuance of the order of the County Court during which such unlawful activity continues shall be deemed a separate violations and shall be the subject of a continuing penalty in an amount not to exceed one hundred dollars ($100) for each such day. Until paid, any civil penalty ordered by the County Court shall, as of recording,be a lien against the property on which the violation has been found to exist. In case the assessment is not paid within thirty days,it may be certified by the County Attorney to the County Treasurer,who shall collect the assessment,together with a ten percent penalty for the cost of collection, in the same manner as other taxes are collected. Any lien placed against a property pursuant to this section shall be recorded with the Eagle County Clerk and Recorder. (orig. 05/01/07) (am. 12/01/24) B. Criminal Remedies. Any person violating any provisions of these Land Use Regulations shall be subject to all criminal penalties authorized by the State of Colorado for such violation, including upon conviction,a fine and payment of all costs and expenses involved in prosecuting the offense. (orig. 05/01/07)(am. 12/01/24) LAND USE REGULATIONS 7-8 - EAGLE COUNTY,COLORADO Appendix 7