Loading...
HomeMy WebLinkAboutR19-049 Amending the Eagle County Land Use Regulations LUR-009043-2019 Commissioner 5 tip moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2019VIA - IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS Eagle County File No. LUR-009043-2019 WHEREAS,the Board of County Commissioners of Eagle, State of Colorado (hereinafter the "Board"), is authorized,pursuant to State enabling legislation including,but not limited to, C.R.S. 30-28-101, et seq.,to plan for and regulate the use and development of land 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,the Board has adopted such zoning and subdivision regulations,which land use regulations have been incorporated into one comprehensive document entitled "Eagle County Land Use Regulations" (hereinafter the "ECLUR"),pursuant to Resolution No. 82-26, and as subsequently amended; and WHEREAS,on or about April 1, 2019,the Eagle County Department of Community Development initiated proposed amendments to Articles 3, 4, and 5, and Appendix A of the ECLURs as attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, such proposed amendments were referred to both the Eagle County Planning Commission and the Roaring Fork Valley Regional Planning Commission for their review and comment; and WHEREAS,the Eagle County Planning Commission reviewed the proposed amendments at a work session on May 22, 2019, and at a public hearing July 10, 2019, and submitted their comments and recommendations with respect thereto to the Board; and WHEREAS,the Roaring Fork Valley Regional Planning Commission reviewed the proposed amendments at a work session on May 30, 2019, and at a public hearing on July 11, 2019, and submitted their comments and recommendations with respect thereto to the Board; • and Eagle County, CO 201912108 Regina O'Brien 08/01/2019 Pgs: 403 12:16:37 PM REC: $0.00 DOC: $0.00 WHEREAS,after public notice was given pursuant to law,the Board held a work session on June 10, 2019, and a public hearing on July 23, 2019,to consider the proposed amendments; and WHEREAS,the Board hereby determines that the proposed amendments are necessary and proper for the protection of the public health, safety,welfare and best interest of the inhabitants of the County of Eagle, State of Colorado. NOW, THEREFORE, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, comments from the Eagle County Community Development Department, comments from public officials and agencies, recommendation of the Planning Commission, and comments from all interested parties, the Board finds as follows: 1. That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. 2. That all standards required for approval of amendments to the text of the Land Use Regulations have been met as set forth in Section 5 -230.D.of the ECLUR. 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 on Exhibit A, attached hereto and incorporated herein, are hereby approved effective July 23,2019. THAT,these amendments to the ECLUR shall not 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 Exhibit, 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,this Resolution is necessary for the public health, safety, and welfare of the inhabitants of the County of Eagle, State of Colorado. MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, on this 30th day of July, 2019, nunc pro tunc July 23, 2019. 2 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its 0, '14BOARD OF COUNTY COMMISSIONERS ATTEST: to K o►i-lia (Zl *r. ,Ate By: k41• Clerk to the Board nn McQueeney y', ; ount Commissionair v 1//il1 ' „ . I , r Kathy C ndler-Henry Commissioner Matt Sche Commissioner 414-44 Commissioner Cfl'(aeV Dl y4,lz. - seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner McQueeney 114. Commissioner Chandler-Henry 4-14 4 Commissioner Scherr • 3 • t - F k 4 • ARTICLE 3 ZONE DISTRICTS - EAGLE COUNTY ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS ARTICLE 3 ZONE DISTRICTS TABLE OF CONTENTS PAGE DIVISION 3-1. GENERAL 3-3 Section 3-100. Establishment of Zone Districts 3-3 Section 3-110. Official Zone District Maps 3-3 Section 3-120. Interpretation of Zone District Boundaries 3-4 DIVISION 3-2. PURPOSES OF ZONE DISTRICTS 3-5 Section 3-200. General 3-5 Section 3-210. Residential and Agricultural Zone Districts 3-5 Section 3-220. Commercial and Industrial Zone Districts 3-7 Section 3-230. Planned Unit Development(PUD)Zone District 3-7 Section 3-250.Floodplain Overlay Zone District 3-8 DIVISION 3-3. USE AND DIMENSIONAL STANDARDS 3-9 Section 3-300. Residential,Agricultural and Resource Zone Districts Use Schedule 3-10 Section 3-310. Review Standards Applicable to Particular Residential,Agricultural and Resource Uses 3-14 Section 3-320. Commercial and Industrial Zone Districts Use Schedule 3-52 Section 3-330. Review Standards Applicable to Particular Commercial and Industrial Uses 3-58 Section 3-340. Zone District Dimensional Limitations 3-68 Section 3-350. Floodplain Overlay Zone District 3-71 3-2 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS ARTICLE 3 ZONE DISTRICTS DIVISION 3-1.GENERAL SECTION 3-100. ESTABLISHMENT OF ZONE DISTRICTS A. Purpose. The purpose of this Article is to establish the zone districts and zone district overlays that regulate the type and intensity of land uses within the unincorporated area of Eagle County. B. Division of County Into Zone Districts. The unincorporated area of Eagle County is hereby divided into the minimum number of zone districts necessary to achieve the compatibility of uses and character within each zone district, to implement the Master Plan and to achieve the purposes of these Land Use Regulations. C. Zone Districts Established. The following zone districts and zone district overlays are hereby established: (am.05/15/07) 1. RMF. Residential Multi-Family 2. RSM. Residential Suburban Medium Density 3. RSL. Residential Suburban Low Density 4. RR. Rural Residential 5. AL. Agricultural Limited 6. AR. Agricultural Residential 7. RL. Resource Limited 8. R. Resource 9. BC. Backcountry 10. RP. Resource Preservation 11. FH. Fulford Historical 12. CL. Commercial Limited 13. CG. Commercial General 14. I. industrial 15. RC. Rural Center 16. PUD. Planned Unit Development 17. FO Floodplain Overlay SECTION 3-110. OFFICIAL ZONE DISTRICT MAPS A. Maps Established. The location and boundaries of the zone districts established by these Land Use Regulations with the exception of the FO Zone District Maps are shown on the maps entitled "Eagle County Official Zone District Maps". The Official Zone District Maps and all explanatory materials contained thereon are hereby established and adopted as part of these Land Use Regulations, incorporated into these Land Use Regulations by reference and made a part hereof. The Official Zone District Maps shall be identified by signature of the Chairman of the Board of County Commissioners and bear the date of their adoption. The FO Zone District Maps are listed in Section 3-350 D. Official Floodplain Maps. (am 01/04/05) 3-3 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS B. Location.The Official Zone District Maps are filed in the Office of the County Clerk. A copy of the Official Zone District Maps is on display and available for inspection during normal business hours in the Planning Department. The FO Zone District Maps are on file and available from the Office of the County Engineer. (am 01/04/05) C. Amendment. If, pursuant to Section 5-230, Amendments to the Text of These Land Use Regulations or the Official Zone District Map, an amendment is made to the Official Zone District Maps, such amendment shall be entered on the maps by the Planning Director promptly following its adoption. A note shall be entered on the maps, indicating the number of the amending resolution and the date of its adoption. The FO Zone District Maps shall be amended pursuant to Section 5-230, Amendments to the Text of These Land Use Regulations or the Official Zone District Map, and records of such amendments shall be kept by the Office of the County Engineer. (am 01/04/05) SECTION 3-120. INTERPRETATION OF ZONE DISTRICT BOUNDARIES The Planning Director shall be authorized to determine the precise location of any zone district boundaries shown on the Official Zone District Maps. The Planning Director shall follow the rules of this Section in determining the precise location of zone district boundaries. The County Engineer shall be authorized to determine the precise location of the boundaries of the FO zone district as outlined in Section 3-350 D. (am 01/04/05) A. Boundaries Follow Municipal or County Limits. Zone district boundary lines shown as following or approximately following municipal or county limits shall be construed as following such limits. B. Boundaries Follow Section Lines, Platted Lot Lines or Right-of-Way Center Lines. Zone district boundary lines shown as following or approximately following section lines or platted lot lines shall be construed as following such lines. Zone district boundary lines shown as following or approximately following a road, alley or railroad right-of way shall be construed to lie on the centerline of such right-of-way. 1. Land Not Platted or Lot Divided By Zone District Boundary. For land which has not been platted, or where a zone district boundary divides a lot or parcel, the location of such boundary, unless indicated by dimension, shall be determined by scale of the zone district maps. 2. Vacated Right-Of-Way. Where a zone district boundary coincides with a right-of-way line and said right-of-way is subsequently vacated, the zone district boundary shall continue to follow the centerline of the former right-of-way. 3. Land Not Designated in Any Zone District. Land that is not part of a public right-of-way and that is not designated on the Official Zone District Map as being in any zone district shall be considered to be included in that adjacent zone district that is the most restrictive with regard to minimum lot area standards, even when such zone district is separated from the land in question by a public right-of-way. C. Boundaries Follow Streams or Rivers. Zone district boundary lines shown as following or approximately following the centerline of streams,rivers or other continuously flowing watercourses shall be construed as following the channel of such watercourse. In the event of a natural change in the 3-4 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS location of such stream, river, or other watercourse, the zone district boundary shall be construed as moving with the channel. In any instance where the channel moves beyond the Eagle County limits, the zone district boundary shall remain coterminous with the County limits. DIVISION 3-2 . PURPOSES OF ZONE DISTRICTS SECTION 3-200. GENERAL This Division specifies the purpose and intent of the zone districts established by these Land Use Regulations. The zone districts have been organized into four broad classifications. These are: residential, agricultural and resource zone districts; commercial and industrial zone districts; planned unit development(PUD)district; and floodplain overlay district. (am 01/04/05) SECTION 3-210. RESIDENTIAL AND AGRICULTURAL ZONE DISTRICTS (am. 05/15/07) A. Residential Multi-Family (RMF). The purpose of the Residential Multi-Family (RMF) zone district is to provide for higher density residential development within the County's community centers, where transportation facilities, necessary infrastructure and employment opportunities are already available. This is accomplished by permitting development of single-family, duplex and multi-family residences on lots of six thousand(6,000) square feet or larger and by setting maximum lot coverage and maximum floor area standards appropriate for such uses and lots. The zone district also permits the development of small,convenience-type commercial uses to serve the neighborhood. B. Residential Suburban Medium Density (RSM). The purpose of the Residential Suburban Medium Density (RSM) zone district is to provide for moderate density residential development within the County's community centers, where transportation facilities, necessary infrastructure and employment opportunities are already available. This is accomplished by permitting development of single-family, duplex and multi-family residences on lots of eight thousand (8,000) square feet or larger and by setting maximum lot coverage and maximum floor area standards appropriate for such uses and lots. The zone district also permits the development of small, convenience-type commercial uses to serve the neighborhood. C. Residential Suburban Low Density (RSL). The purpose of the Residential Suburban Low Density (RSL) zone district is to provide for relatively low density residential neighborhoods within and at the periphery of the County's community centers and rural centers. This is accomplished by permitting development of single-family, duplex and multi-family residences on lots of fifteen thousand (15,000) square feet or larger and by setting standards that limit the maximum lot coverage and maximum floor area of structures. D. Rural Residential (RR). The purpose of the Rural Residential (RR) zone district is to serve as a transition area between the denser development found in towns, community centers and rural centers and the lower densities found in the County's agricultural and resource areas. This is accomplished by permitting development of single-family dwelling units on lots of two(2)acres or more. (am/1/07/07) E. Agricultural Limited (AL). The purpose of the Agricultural Limited (AL) zone district is to maintain the rural character of areas outside of the County's towns, community centers, rural centers and 3-5 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS resorts, while allowing for some appropriate residential development. This is accomplished by permitting development of single-family dwelling units on relatively larger lots of five (5) acres or more, or by encouraging clustered development on smaller lots within those portions of a property that do not contain environmental resources or natural hazard areas and by maintaining the remainder of the property as common open space or agricultural land. F. Agricultural Residential (AR). The purpose of the Agricultural Residential(AR)zone district is to maintain the rural character of outlying areas of Eagle County, while allowing for compatible low density residential development. This is accomplished by permitting development of single-family dwelling units on relatively larger lots of ten(10)acres or more,or by encouraging clustered development on smaller lots within those portions of a property that do not contain environmental resources or natural hazard areas and by maintaining the remainder of the property as common open space or agricultural land. G. Resource Limited (RL). The purpose of the Resource Limited (RL) zone district is to protect areas of Eagle County that contain valued natural resources and agricultural uses, while allowing some relatively low density development to occur. This is accomplished by permitting development of single- family dwelling units on relatively larger lots of twenty (20) acres or more, or by encouraging clustered development on smaller lots within those portions of a property that do not contain environmental resources or natural hazard areas and by maintaining the remainder of the property as common open space or agricultural land. H. Resource (R). The purpose of the Resource (R) zone district is to maintain the open rural character of Eagle County and to protect and enhance the appropriate use of natural resources and agricultural uses in the County including water, minerals, fiber and open land. This is accomplished by limiting residential development to very low density single-family uses on lots of thirty-five(35)acres or larger, or by encouraging clustered development on smaller lots within those portions of a property that do not contain environmental resources or natural hazard areas and by maintaining the remainder of the property as common open space or ranch land, and by limiting new commercial development to uses that have a resource orientation and to small recreation areas that comply with Master Plan policies for such uses. I. Backcountry (BC). The purpose of the Backcountry (BC) zone district is to preserve and enhance the unique character of Eagle County's remote and unspoiled natural areas for the benefit of all residents. The Backcountry (BC) zone district has been applied to all wilderness lands located within Eagle County so as to: (1) protect and regulate the appropriate use of natural resources found in these areas, including water, wetlands, minerals, fiber, open space, wildlife, wildlife habitat, airsheds, watersheds, and aesthetics; (2) protect these lands against air, noise and water pollution, destruction of scenic beauty, disturbance of the ecology and environment; and (3) avoid geologic, wildfire and flood hazards. J. Resource Preservation (RP). The purpose of the Resource Preservation (RP) zone district is to preserve the open character and associated public benefits of those lands in Eagle County, and not located entirely within the boundaries of an existing city or town, that are owned by the Federal Government on the date of adoption of this zone district in the event of sale of such lands by the federal government into private ownership. This is accomplished by disallowing certain land uses; requiring County approval for other land uses which may negatively impact the scenic quality and open character of these lands and by limiting residential development to one dwelling unit per 80 acres. (orig.5/15/07) 3-6 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS K. Fulford Historical (FH). The purpose of the Fulford Historical (FH) zone district is to provide for limited residential development within the existing historical Townsite of Fulford, while preserving the rural character of Eagle County. Commercial uses are not permitted within the zone district, but arts and crafts operations that retain the residential character of the Townsite are permitted, pursuant to Section 5-250, Special Uses. SECTION 3-220. COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS A. Commercial Limited (CL). The purpose of the Commercial Limited (CL) zone district is to provide for the range of commercial uses needed to meet the daily or frequent shopping needs of neighborhood residents in the immediate area. Uses permitted in this zone district are limited to those listed under the retail, restaurant, personal service and office categories of the use schedule and generally exclude those listed under the industrial, service-commercial and wholesale categories of the use schedule. B. Commercial General (CG). The purpose of the Commercial General (CG) zone district is to provide for the broad range of commercial operations and services required for the proper and convenient functioning of commercial centers serving the larger regions of the County. Uses permitted in this zone district include those listed under the retail, restaurant, personal service, office and industrial, service- commercial and wholesale categories of the use schedule. C. Industrial (I). The purpose of the Industrial (I) zone district is to provide appropriate areas for light and general industrial and service businesses, in locations where conflicts with residential, commercial and other land uses can be minimized. Uses permitted in this zone district include primarily those listed under the industrial,service-commercial and wholesale categories of the use table. D. Rural Center (RC). The purpose of the Rural Center (RC) zone district is to recognize and provide for existing small residential centers or crossroads developments. Uses permitted in this zone district include relatively moderate to lower density residential uses and convenience-oriented commercial uses that serve the needs of residents in the surrounding area and visitors and other passers- by. SECTION 3-230. PLANNED UNIT DEVELOPMENT(PUD)ZONE DISTRICT The purpose of the Planned Unit Development (PUD) zone district is to permit variations from the strict application of the standards of the County's other zone districts in order to allow flexibility for landowners to creatively plan for the overall development of their land and thereby, to achieve a more desirable environment than would be possible through the strict application of the minimum standards of these Land Use Regulations.This is done through the application of performance standards that: A. Permit Integration of Uses. Permit the integration, rather than separation of uses, so that necessary commercial, recreational, and educational facilities are conveniently located in relation to housing; 3-7 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS B. Efficient Land Use Patterns. Establish land use patterns that promote and expand opportunities for public transportation and for efficient, compact networks of streets and utilities that lower development and maintenance costs and conserve energy; C. Preserve Lands. Preserve valued environmental resource lands and avoid the development of natural hazard areas; D. Maintain Water Quality. Maintain and enhance surface and ground water quality and quantity in Eagle County; E. Contribute to Trails System. Improve and enhance the County=s multi-use trail system and maintain access to public lands and rivers; F. Incentives for Affordable Housing. Establish incentives for applicants to assure that long term affordable housing will be developed; and G. Achieve Master Plan. Ensure that the purposes of the Eagle County Master Plan and these Land Use Regulations are achieved; and H. Air Quality. Maintain and enhance air quality in Eagle County; and I. Wildlife. Protect and maintain critical wildlife habitat and migration corridors. SECTION 3-250. FLOODPLAIN OVERLAY ZONE DISTRICT (org.01/04/05) The purpose of the Floodplain Overlay(FO)zone district is to manage development while protecting public safety in the floodplain. This is an overlay zone district and shall be applied as a supplemental regulation on existing zoned areas containing Special Flood Hazard Areas and areas removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill(LOMR-F), including Planned Unit Development zone district and the Eagle-Vail PUD zone district. The FO zone district is superimposed on the existing zoning and all restrictions and requirements herein are in addition to those of the underlying zone district. All land use review processes that apply to the underlying zone district shall remain in full force and effect. In the case of overlapping or conflicting requirements,the most restrictive provision shall apply. (am. 01/07/14) 3-8 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS DIVISION 3-3.USE AND DIMENSIONAL STANDARDS SECTION 3-300. RESIDENTIAL AND AGRICULTURAL ZONE DISTRICTS USE SCHEDULE (am. 05/15/07) Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule", categorizes the uses that are applicable to the County's resource, agricultural and residential zone districts. The table utilizes the following symbols: A. Use By Right. "R" indicates uses that are uses by right. The Planning Director shall verify that development of a use by right complies with all applicable provisions of these Land Use Regulations, pursuant to Section 5-2100,Certificate of Zoning Compliance. B. Special Review Uses. "S" indicates uses that are allowed, subject to Special Review. The Planning Commission shall make a recommendation and the Board of County Commissioners shall conduct a public hearing to determine whether the special use complies with all of the standards and requirements of these Regulations,pursuant to Section 5-250, Special Uses. C. Limited Review Uses. "L" indicates uses that are allowed, subject to limited review. The Planning Director shall verify that development of the use complies with all of the standards and requirements of these Land Use Regulations, pursuant to Section 5-2100, Certificate of Zoning Compliance and Section 5-300, Limited Review Use. (am 9/27/99) D. Uses Not Allowed. "N" indicates uses that are not allowed. E. Standards. The "Standards" column refers the reader to particular sub-sections of Section 3-310, Review Standards Applicable to Particular Residential,Agricultural and Resource Uses,when applicable. F. Uses Not Listed.Uses that are not listed in Table 3-300 shall be considered to be uses that are not allowed,unless one(1)of the following occurs: 1. Regulations Amended. An amendment to these Regulations is adopted, pursuant to Section 5- 230, Amendments to the Text of These Land Use Regulations or the Official Zone District Maps, that lists the use in the table and indicates in which zone districts the use is a use by right, allowed by limited review,or allowed by special review and in which zone districts it is not allowed;or 2. Determination of Similar Use. The Planning Director determines, pursuant to Section 5-220, Interpretations, that the proposed use is sufficiently similar to a use listed in Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule". A use that is determined to be similar to a listed use shall be subject to the same standards as the use to which it was determined to be similar. 3-9 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS TABLE 3-300 RESIDENTIAL AND AGRICULTURAL ZONE DISTRICTS USE SCHEDULE(am.05/15/07) Uses: R=Use By Right;L=Allowed by Limited FI RMF RSM RSL RR AL AR RL R RP BC2 Standards Review;S=Allowed by Special Review;N=Not Allowed Residential Uses Accessory Dwelling N N N L3 L3 L3 L L R N N Sec.3-310 A Conservation Subdivision NNNNN S SSS NN Sec.3-310 B Customary Accessory Residential Uses R R R R R R R R R R R Duplex Dwelling NR R R NNNNNNN Mobile Home Park NS S S N N N N N N N Sec.3-310 Y Multi-Family Dwelling NR R R NNNNNNN Multi-Housekeeping Dwelling NL L L NNNNNNN Sec 3-310 Z Single-Family Dwelling R R R R R R R R R S S Time Share and Fractional Fee Estates N S S NNNNNNNN Home Uses Bed and Breakfast NS SS SS S S L N N Sec.3-310 C Day Care Center NS S SS S SS S N N Sec.3-310 D Day Care Home R R R R R R R R R NN Group Home NS S SS S S S S N N Sec.3-310 E Home Business NS SS S S SS S N N Sec.3-310 F Home Occupation R R R R R R R R R RN Sec.3-310F Public Facilities,Utilities and Institutional Uses Airport,Landing Strip,Utility or Air Carrier NNNNNNNN S N N Sec.3-310 G Cemetery NNNNN S S S S NN Church LLL S S S S S SNN Community or Public Building S S SS SS S S SNN Concentrated Solar Device NNNNNNNNNNN Educational Facility S SS S SS S S SNN 3-10 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS Electric Power Generation Facility N S S S S S S S S S N Sec.3-310 H Electric Power Transmission Line SS S S S SS SS SNSec.3-310H Fire Station S S 5 5 5 S S S S SN Ilelistop N N N N N N S S S N N Library NR R R R R R RRNN Water or Wastewater Projects(am 02/11/03) SS S SS S S S S S S Sec.3-310 1 Natural Gas Transmission Line SS S S SS SS S S S Sec.3-310 H Park,Open Space or Greenbelt RR R R R R R R R S S Sec.3-310 J Postal Substation NNS SSS S S S N N Recycling Collection or Drop Off Center NL L L L L L L L SNSec.3-310K Reservoirs and Dams engineered to contain more than N N N N N S S S S SNSee.3-310 L ten(10)acre feet of water Sanitary Landfill N N N N N N N N S S N Snow Dump/Snow Storage Area L L L L L L L L L L S Small Hydro Electric Energy R S S R R R R R R RNSec.3-310Cc Solar Farm over 10-kw NS S S SR RRR NN Sec.3-310 Bb Solar Farm over 80-kw NS S SSSS S S N N Sec.3-310 Bb Structure-integrated or Ancillary Ground-Mounted Sec.3-310 Bb R R R R R R R R R R R Solar Energy System Transfer Station N N N S SS S SS SN Utility Distribution Facilities S R RR R R R R R S SSec.3-310 H Utility Substation N S SS SSS S S SNSec.3-310H Water Diversion Structures,Ditches and Pipeline Structures engineered to convey fifteen(15)cfs of S R R R R R R R R R S water or less or designed to serve as a domestic supply for less than ten(10)dwelling units Water Diversion Structures,Ditches and Pipeline Structures engineered to convey more than fifteen NS S S S S SS SS S Sec.3-310 M (15)cfs of water or designed to serve as a domestic supply for more than ten(10)dwelling units _ Water or Wastewater Treatment Facility NS S S , S SS S S S N Sec.3-310 N Water Impoundment NNS S RR R R R R S Sec.3-310 N Water Storage Facility SS _ S S S S S S SS NSec.3-310N Wind Energy Systems-Small Scale S S L L R R R R RRNSec.3-310Dd 3-11 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS Wind Energy Systems-Large Scale NNNNS S S S S SN Commercial Uses/Personal Services Convenience Grocery Store' NS S S S S S S SNN Kennel NNNNNNN S S NN NNNNNNNNNNN Marijuana Social Club or Lounge(orig. 12/31/13) Self Service Laundromats NS S S S S S S SNN Studio For Arts and Crafts S L L L L L L L L N N Sec.3-310 0 Veterinary Hospital NNNNS S S S SNN Landscape Storage Yard NNNNS S SS S S N Sec.3-310 Ee Industrial Uses6 Extraction or Exploration(gravel pit,petroleum or NNNNNNN S S S S Sec.3-310 P natural gas well,coal or ore mine) Land Application of domestic or industrial sludge NNNNNNN S S S N Sec.3-310 Q Junkyard NNNNNNNN S NN Processing(including alfalfa pellet mill,saw mill, gravel crushing,asphalt or concrete batch plant,but NNNNNNNN S S N Sec.3-310 P excluding primary wood and firewood processing) Telecommunication Facilities NS S S S S S S S S N Sec.3-310 Gg Telecommunication Facility Modification NL L L L L L L L L N Sec.3 310 Gg Agricultural Uses Agriculture and Customary Accessory Agricultural NNNNR R R R R7 S N Buildings Boarding Stable N N N N S S S SR SN Farmers Market NNNNS S S S SNN Farm or Ranch Stand/Sales of Agricultural Products NNNN L L L L L L N Sec.3-310 R Feedlot NNNNNNNN S NN Forestry NNNNNNNNR S S Sec.3-310 S Livestock Sales Yard NNNNNNNN S NN Sales of Commercial Firewood NNNNNNNN S S N Tree Storage NNNNNL L L L N N Sec.3-310 Aa NNNNNN S S S N N Sec.3-310 F.f Marijuana Cultivation,Manufacturing or Testing (am.12/31/13) 3-12 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS Resort/Recreation/Amusement Uses Drive-in Theater N N N N S S S N N N N Golf Course or Golf Driving Range N N N N S S S S S N N Mass Gatherings N N N N N N N N L L S Sec.3-310 T Outfitter and Guide N N N N R R R R R R R Sec.3-310 U Polo Field N N N S S S S S S N N Recreational Vehicle Park N N N N S S S S S S N Resort Recreational Facility;Day or Resident Camp N N N N N N N N S S S Sec.3-310 V Riding Stable N N S S S S S S R8 S N Ski Area N N N N N N S S S S S Sports Complex N N N N N S S S S N S Sports Shooting Range N N N N S S S S S S N Temporary Uses Temporary Building or Use N S S S S S S S S S N Sec.3-310 W Temporary Housing N L L L L L L L L L N Sec.3-310 X Notes: 1. Existing uses located within the boundaries of each"Fulford Parcel"as of September 1, 1988,and identified on the"Fulford Land Use Map No. 1",on file in the offices of the Eagle County Department of Community Development,shall be considered uses by right in the Fulford Historical(FH)zone district. 2. In addition to other considerations,the applicant shall adequately demonstrate that environmental hazards and impacts resulting from any proposed construction of dwelling units,out buildings,or other structures within the Backcountry(BC)zone district are adequately mitigated,resulting in no net adverse impact upon the environment. 3. An accessory dwelling unit proposed as part of a cluster development shall be allowed by Special,rather than Limited Review. 4. A convenience store may also conduct retail gas sales,but automobile service and repair shall only be allowed in commercial and industrial zone districts;see Table 3-320.The maximum size for a convenience store is 3,500 square feet of floor area. 5. The maximum size for a laundromat is 2,000 square feet of floor area. 6. In addition to the standards listed for particular uses,see also Article 4,Division 5,Commercial/Industrial Performance Standards. 7. Dwellings for persons and their immediate families employed principally or seasonally in a bonafide agricultural or ranching activity on a minimum of 35 acres are also allowed. 8. Use By Right riding stables in the Resource zone district shall be allowed on lots of 35 acres or greater in size. Riding stables occurring on lots less than 35 acres in size in the Resource zone district shall require a Special Use Permit. 9. Temporary Construction Trailers shall not be subject to Special Review,but shall conform to all applicable building code requirements and to those standards defined in Article 2 of these Land Use Regulations.(am 11/08/05) 3-13 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS SECTION 3-310. REVIEW STANDARDS APPLICABLE TO PARTICULAR RESIDENTIAL,AGRICULTURAL AND RESOURCE USES Certain uses are important to the County's character and functions, but may not be appropriate in all circumstances within a particular zone district. Such uses cannot be judged solely by standards common to all uses in the zone district or by the standards applicable to all uses that are allowed by review. They also require individualized standards to review their location, site plan,operating characteristics, intensity and similar factors. Those uses in the residential, agricultural and resource zone districts for which such additional standards have been identified are listed in the "Standards" column of Table 3-300 "Residential, Agricultural and Resource Zone Districts Use Schedule". The standards for each of these uses are established herein. The definitions of these uses are found in Section 2-110,Definitions. The following section addresses: A. Accessory Dwelling Unit B. Conservation Subdivision(am 11/07/07) C. Bed and Breakfast D. Day Care Center E. Group Home F. Home Business G. Airport,Landing Strip,Utility or Air Carrier H. Utility Transmission and Distribution Facilities I. Water and Sewer Projects (am 02/11/03) J. Park, Open Space or Greenbelt K. Recycling Collection or Drop-Off Center L. Reservoirs and Dams M. Water Diversion Structures,Ditches and Pipeline Structures N. Water Storage or Impoundment Facility, Water or Wastewater Treatment Facility O. Studio for Arts and Crafts P. Exploration,Extraction and Processing Operations Q. Land Application of Sludge R. Farm or Ranch Stand/Sales of Agricultural Products S. Forestry T. Mass Gatherings U. Outfitter and Guide V. Resort Recreational Facility W. Temporary Building or Use X. Temporary Housing Y. Mobile Home and Recreational Vehicle Parks Z. Multi-Housekeeping Dwelling Unit Aa. Tree Storage(orig 03/12/02) Bb. Solar Energy System (am 03/24/15) Cc. Small hydro Electric Energy(orig 09/11/07) Dd. Small Scale Wind Energy Systems (orig 09/11/07) Ee. Landscape Storage Yard(orig. 10/09/07) Ff. Marijuana Cultivation,Manufacturing or Testing(orig. 12/31/13) 3-14 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS Gg. Telecommunication Facilities SECTION 3-310. REVIEW STANDARDS APPLICABLE TO PARTICULAR RESIDENTIAL,AGRICULTURAL AND RESOURCE USES A. Accessory Dwelling Unit. 1. Applicability. Accessory dwelling units shall be permitted as a Use By Right on parcels that conform with the minimum lot size standard in the Resource zone district and by Limited Review on parcels that conform with the minimum lot size standard in the Resource Limited, Agricultural Residential, Agricultural Limited, Rural Residential and Residential Suburban Low Density zone districts. An accessory dwelling unit may be allowed on legal, nonconforming lots or parcels subject to Special Review (see Section 6-120, Nonconforming Legal Lots of Recordi. Upon specific request at the time of subdivision application, accessory dwelling units may also be allowed in Planned Unit Developments. (am 11-08-05) 2. Number. No more than one (1) accessory dwelling unit shall be permitted in conjunction with and in addition to the principal use of the parcel. (am 11-08-05) 3. Size and Use. The size of accessory dwelling units shall be determined by the zone district and parcel size as follows: Minimum Accessory Unit Zone District Parcel Size Max. Floor Area R 35 acres 1,800 sq. ft. RL 20 acres 1,200 sq. ft. AR 10 acres 1,000 sq. Al. 5 acres 850 sq. ft. RR 2 acres 850 sq. ft. RSL 15,000 sq. ft. 600 sq. ft. PUD-As approved. Accessory dwelling units are not allowed in conjunction with duplex or multi-family units nor shall short term rentals (less than 14 days)be allowed. (am 3/12/02) (am 11/08/05) 4. Floor Area Calculation. In the RSL zone district, the floor area contained within the accessory dwelling unit shall count toward the maximum allowable floor area permitted on the parcel. (orig 11-08-05) 5. Location. An accessory dwelling unil may be located within or attached to the structure containing the principal use of the parcel, or may be detached from that structure if: 1) it is located within or above a garage: 2) it is located within a lawful accessory building; or 3) it is independent from any structure located within the Resource (R), Resource Limited (RL) or Agricultural Residential (AR) zone district. (am 3/12/02) (am 11-08-05) 6. Parking. There shall be one (l) additional off-street parking space provided for any accessory dwelling unit that is a studio or one bedroom unit. Any accessory dwelling unit containing two (2) or more bedrooms shall have two (2)off-street parking spaces. (am 11-08-05) 3-15 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS 7. Ownership. The accessory dwelling unit shall not be condominiumized or sold separately from the principal use of the parcel. (am 11/08/05) 8. Dimensional Limitations. Accessory dwelling units shall be developed so as to conform to all setback, height, lot coverage, floor area and other dimensional limitations of the underlying zone district, but shall not count towards any applicable density limitations for the property. Accessory dwelling units are included in the calculation of single family equivalents (SFE)as set forth in Chapter 6, Eagle County Guidelines for Matters of State Interest(see Chapter 6, Section 6.01.04)(am 11/08/05) 9. Adequate Facilities. It shall be demonstrated that the accessory dwelling unit will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection,and roads. (am 11/08/05) B. Conservation Subdivision. (am. 11/07/07) 1. Applicability. Conservation Subdivisions shall allow lots smaller than would otherwise be allowed by the governing zone district,to be grouped or"clustered"in one or more limited areas on the subject property,the location of which is determined through adherence to certain design standards. Density bonuses would be allowed. In exchange,the balance of the property must be set aside as a permanent Conservation/Agricultural Lands Tract. The maximum densities allowed in Conservation Subdivisions shall be as set forth in Table 5-295, Maximum Number of Dwelling Units per Acre by Zone District, and as further provided in Section 5-295,Conservation Subdivision. Table 3-310.B. Maximum Number of Dwelling Units per Acre by Zone District Percent of Site(%)Designated Resource Agricultural Agricultural as Conservation/Agricultural Resource Limited Residential Limited Land Tract At least 67%but less than 75% 1 /25 1 / 14 1 /7 1 /3.5 At least 75%but less than 85% 1 /20 1 / 12 1 /6 1 /3 85%or more 1 /17.5 1 / 10 1/5 1 /2.5 C. Bed and Breakfast. 1. Parking. The bed and breakfast shall provide one (1) parking space for each accommodations unit, in addition to any parking required for the primary residential dwelling unit. 2. Maximum Number of Accommodation Units. The bed and breakfast shall not contain more than six (6) separate rental guest accommodation units. Morning meals shall be provided for guests in one common eating area and/or to the guest room. (am 9/27/99) 3. Owner Shall Live on Premises. Operation of the bed and breakfast shall be secondary and incidental to the primary residential use. (am 9/27/99) 3-16 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS D. Day Care Center. 1. Parking. A day care center shall provide one (1) off-street parking space per non-resident employee. This space shall be provided in addition to any parking required for the principal use of the property. 2. Drop-off/Pick-up Area. A day care center shall have one (1) designated on- or off-street drop- off/pick-up space for every six (6) children. The space shall be available during operating hours for loading and unloading of children. If the space is located on-street, it shall be located on the same side of the street as the day care facility and shall not be used as a parking space. 3. Play Area. A day care center shall have an on-site play area that meets the State standard for facilities of this size, as specified in "Minimum Rules and Regulations for Child Care Centers of the Colorado Department of Social Services". 4. Working Telephone.A day care center shall have a working telephone on the premises. 5. Local and State Codes. Day care centers shall demonstrate their compliance with all applicable state and local health, safety, fire and building codes, including, but not limited to, all applicable requirements of the Colorado Department of Human Services and the Eagle County Department of Social Services. E. Group Home. The applicant shall submit a report with the application for the group home that identifies potential impacts from the proposal and shows how those impacts will be mitigated. The report shall include site plans and interior building plans that depict living spaces, recreation areas, off-street parking, and other special needs of the facility and shall also address the following standards: 1. Child Care. Child care facilities shall comply with all requirements for licensing as either a Foster Care Home or Specialized Group Home, as is defined by the Colorado Department of Social Services. 2. Neighborhood Density. A group home should not be located within seven hundred-fifty (750) feet of any other group home. 3. Necessary Facilities. A group home may only be located in an area where the applicant demonstrates that necessary public facilities and services for the occupants can be provided, including, but not limited to water supply, sewage disposal,fire and police protection and transportation. F. Home Business and Home Occupation. 1. Home Business. a. Use Subordinate. The use of a dwelling for a home business shall be clearly incidental and subordinate to its use for residential purposes and shall not change its basic residential character. b. Activity Conducted Indoors. All activities associated with a home business shall be conducted indoors. Materials and equipment used in the home business shall be stored in a building. 3-17 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS c. Employment.A home business shall be conducted by persons residing on the premises and by no more than two(2)employees residing off-premises. d. Patrons. A home business may serve patrons on the premises,provided all other standards of this Section are met. e. Parking. A home business shall provide one (1) off-street parking space for each employee working on-site and residing off-premises and one (1) space for patrons of the business. These spaces shall be provided in addition to the parking required for the principal residential use of the property. f. Sales.Incidental sale of supplies or products associated with the home business shall be permitted on the premises. A home business whose primary activity is retail sales shall be prohibited, except if the home business is for catalogue sales. g. Nuisance. A home business shall not produce noise, electrical or magnetic interference, vibrations, heat, glare, odors, fumes, smoke, or dust and shall not operate at such hours or in such a manner as to create a public nuisance, disturb neighbors or alter the residential character of the premises. h. Codes. The building housing the home business shall comply with all County or State building, fire and safety codes applicable to the particular business. i. Signs and Illumination. Signs and other outdoor structures advertising the home business shall not be permitted. Illumination of the structure housing the home business shall be limited to that which is customary for the primary residential use of the property. 2. Home Occupation. a. Use Subordinate. The use of a dwelling for a home occupation shall be clearly incidental and subordinate to its use for residential purposes and shall not change its basic residential character. b. Activity Conducted Indoors. All activities associated with a home occupation shall be conducted indoors. Materials and equipment used in the home business shall be stored in a building. c. Parking. A home occupation shall not generate the need for any additional parking other than that required for the principal residential use of the property. d. Sales. Incidental sale of supplies or products associated with a home occupation shall be permitted on the premises. A home occupation whose primary activity is retail sales shall be prohibited, except if the home occupation is for catalogue sales. e. Nuisance. A home occupation shall not produce noise, electrical or magnetic interference, vibrations, heat, glare, odors, fumes, smoke, or dust and shall not operate at such hours or in such a manner as to create a public nuisance, disturb neighbors or alter the residential character of the premises. f. Codes. The building housing the home occupation shall comply with all County or State building,fire and safety codes applicable to the particular business. 3-18 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS g. Signs and Illumination. Signs and other outdoor structures advertising the home occupation shall not be permitted. Illumination of the structure housing the home occupation shall be limited to that which is customary for the primary residential use of the property. G. Airport,Landing Strip,Utility or Air Carrier. 1. Environmental Impact Report. An applicant for an airport, utility or air carrier shall submit an Environmental Impact Report,containing the materials specified in Section 4-460. 2. Conflicts. An Airport Utility shall not conflict with: a. Existing Facility.Any site or operation of any existing aircraft facility; b. Airport Plan.Any official county, state or federal airport plan; or c. Government Agency Regulation or Requirement. Any reservation, easement, rightofway regulation or requirement of the Federal Aviation Administration,or of any other governmental agency. H. Utility Transmission and Distribution Facilities. Nothing in these Regulations shall be construed to prohibit construction or installation of a public utility use or structure necessary for transmission of commodities or services of a utility company, through mains or distribution lines, in any zone district. Storage, maintenance facilities, substation or exchanges, and business offices shall only be permitted in those zone districts where such uses are allowed or are allowed by review. The location of power transmission lines with a capacity of sixty-nine (69) kilovolts or greater and pipelines for major transmission shall be subject to the requirements of Section 5-250, Special Uses. I. Water or Sewer Projects. (am 02/11/03) 1. Major new domestic water or sewer systems, major extensions of such systems and municipal and industrial water projects shall comply with the following standards: a. Abstract. The applicant shall submit an abstract of the proposal indicating the scope and need for the facility. b. State Review. Preliminary review and comment on the proposal by the appropriate agency of the Colorado Department of Natural Resources and the Colorado Department of Health shall be provided within sixty(60)days of submission of the application to the County. c. Alternatives. Alternatives to the proposed facility shall be evaluated, including but not limited to alternative locations and the no development alternative. d. Demographic Data. Any demographic data needed to fulfill the requirements of this Section shall be consistent with the data used for the 208 Areawide Waste Treatment Management Planning for Region XII,Colorado. 2. Waiver Provision. The Special Review Use permit application for water and sewer projects may be waived in whole or in part by the Board of County Commissioners upon a written petition by the applicant showing that: (am 02/11/03) 3-19 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS a. A permit application pursuant to Chapter 6, sections one though five of the Eagle County Guidelines and Regulations for Matters of State Interest has been submitted to the Eagle County Permit Authority relative to this land use which would be the subject of a special use permit application. (am 02/11/03) b. Compliance with the Special Review Use permit requirements would be unreasonably burdensome for the applicant. Such a waiver may be granted upon a determination by the Board of County Commissioners that requiring a Special Review Use permit in addition to the permits(s)required under the Eagle County Guidelines and Regulations for Matters of State Interest would serve no further legitimate planning, zoning or other land use objective. (am 02/11/03) J. Park,Open Space or Greenbelt. 1. Designation. Land designated as a park, open space or greenbelt through dedication or reservation, or other reason, shall be indicated as such on the plat or other document recorded to formalize the project approval. 2. Ownership. Park, open space or greenbelt land and any facilities thereon shall be provided and maintained either by a unit of government, by a nonprofit corporation or by private interests as part of a subdivision or development of land for use by the inhabitants thereof; ownership of the land may be deeded or reserved to a property owner's association or it may be dedicated to the public; or as required by any condition for granting of approval of an application, including designation of a park or other open recreation use. K. Recycling Collection or Drop Off Center. A recycling collection or drop off center shall either be developed in association with another use on the same site,whose owner shall provide for maintenance of the site, or shall require the recycling entity to demonstrate how the collection or drop off center will be maintained in a clean and sanitary manner. L. Reservoirs and Dams.Reservoirs and dams engineered to contain more than ten(10)acre feet of water shall comply with all applicable state specification and the following standards: 1. Public Need. The use shall serve an obvious public need or shall serve the needs of the agricultural use of the property 2. Not Create Hazard. The reservoir or dam shall not create a hazard to the existing populated areas of Eagle County, either during construction or afterwards. 3. Maintenance.The reservoir shall be properly maintained. 4. No Adverse Affects. The reservoir or dam site shall not adversely affect wildlife, the environment,or stream flows of existing streams to the detriment of the fish population. 5. Minimize Damage. The dam or reservoir shall be located so as to minimize damage caused to owners of private land and water rights in the vicinity. 3-20 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS 6. Not Burden Existing Electrical Energy Supplies. The reservoir or dam shall not create a burden upon existing supplies of electrical energy so as to jeopardize existing domestic and future domestic uses. 7. Not Burden Landfill. The bed of the dam or reservoir shall be capable of being adequately cleared without creating a burden upon the Eagle County sanitary landfill. M. Water Diversion Structures,Ditches,and Pipeline Structures. Water diversion structures, ditches,and pipeline structures engineered to convey more than fifteen(15)cubic feet of water per second of time or designed to serve as a domestic supply for ten(10)units or more shall comply with the following standards: 1. Public Need. Such uses shall serve an obvious public need. 2. Energy Supply. There shall be a sufficient supply of electrical energy to serve the diversion, ditch, pipeline, and any accessory pumping facilities, so as not to jeopardize existing or future domestic requirements. 3. Safety. The ditch, pipeline, or diversion shall be built in a prudent manner, so as to preserve the public safety. 4. Minimum Use of Land. The ditch, diversion, or pipeline shall be environmentally engineered so as to use the minimum amount of private land. 5. No Adverse Impacts on Wildlife. The facilities shall not adversely affect fish populations, wildlife habitat,or migratory ranges. 6. No Adverse Impacts on Private or Public Property. The facilities shall not adversely affect private or public property owners in the vicinity. Appropriate studies shall be conducted to show the impact of said diversions, ditches,and pipelines upon the entirety of water users in Eagle County. 7. Preliminary Subdivision Plan. This use shall only require Special Review when it is not specifically addressed in an approved preliminary subdivision plan. N. Water Storage Facility, Water Impoundment, Water Treatment Facility or Wastewater Treatment Facility. These uses shall only require Special Review when they are not specifically addressed in an approved preliminary subdivision plan. 0. Studio for Arts and Crafts. 1. Activity within Building. All activity associated with the studio shall be conducted within a building. 2. Retail Sales.Retail sales shall be limited to one-of-a-kind goods fabricated on the lot. 3. Fulford Historical (FH) Zone District. In the Fulford Historical (FH)zone district only, instead of the above limitations,the following shall apply: a. Storage.All storage of materials shall occur within a building. 3-21 • ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS b. Accessory. The studio shall be secondary and accessory to a residence and shall not change the residential character of the primary use. c. Noise.Noise shall not exceed sixty(60)decibels at any property line. d. Sales.There shall be no sales or exchange of goods on the lot. P. Exploration,Extraction and Processing Operations. 1. Environmental Impact Report. An applicant proposing an exploration, extraction, or processing operation shall submit an Environmental Impact Report. The Report shall be prepared in accordance with Section 4-460,Environmental Impact Report, of these Regulations by technically qualified professional experts. Included in the Report shall be a depiction of the location, scope and design of the proposed use, and an explanation of its operational characteristics and impacts. The requirement to submit said Report may be waived by the Planning Commission. 2. Compliance. Proof shall also be submitted that the proposed use shall be designed and operated in compliance with all applicable laws and regulations of the county, state and federal governments and shall not adversely affect: a. Water.Existing lawful use of water,through depletion or pollution of surface runoff, stream flow or groundwater; b. Adjacent Land Uses. Adjacent land uses,through generation of vapor, dust, smoke,noise, glare, vibration, or other emanations; or c. Wildlife. Wildlife and domestic animals, through creation of hazardous attractions to wildlife, impacts on wildlife habitat,or patterns, or other means. 3. Site Plan. On parcels of land greater than one (1) acre, a detailed site plan shall be submitted, including landscaping sufficient to meet the standards found in Section 4-230, Landscaping Design Standards and Materials. Security may be required to guarantee landscaping, drainage, and erosion control, if deemed necessary by the Board of County Commissioners, and as specified in Section 4-240, Installation and Maintenance Requirements. 4. Fabrication, Service and Repair. All fabrication, service and repair activities associated with the use shall be conducted within a building (except for incidental repair activities), unless the applicant demonstrates that it is not practical to do so and ensures that all impacts from outside activities are mitigated. 5. Storage. All storage of materials associated with the operation shall occur within a building, or shall be obscured by an opaque fence. Q. Land Application. Land application of sludge for beneficial use as fertilizer, mulch or soil conditioner(on areas of land greater than one [1] acre) shall only be permitted for domestic or industrial purposes and shall be subject to the following standards: 3-22 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS 1. Application Contents. The application shall contain the following materials: a. Site Plan. A detailed site plan showing the location of all buildings, dwellings, ditches, dry gullies, lakes, ponds, springs and wells within a one thousand (1,000) foot radius of the sludge application. b. Topography. Topographic information concerning the sludge application site, with the direction of drainage shown. c. Soils Analysis. A soils analysis that includes an analysis of the amount of sludge that can be applied to the site without exceeding the limits of chemical nutrients for the specific crop grown. d. Ground Water. Depth of highest seasonal ground water table and at least three (3) piezometric tubes,two(2)down-gradient of the site and one(1) up-gradient where the water table is less than ten(10) feet from the surface anywhere on the site. 2. Review Standards. The application shall meet the following standards: a. Slope Limitations. Sludge shall not be placed on lands of greater than fifteen(15) percent slope. On lands of six(6)to fifteen(15) percent slopes, sludge shall have a solids content of sixteen(16)percent or greater. b. Drainage.The drainage plan shall show that sludge leachate will not discharge off-site. c. Stream Setback. No sludge shall be allowed within two hundred (200) feet of live streams, irrigation return flows, ponds or reservoirs. The setback distance shall be measured from the annual high water elevation or from the designated one hundred(100)year floodplain. d. Odor Control. An odor control plan shall be provided where three(3)or more dwelling units are within one thousand(1,000)feet of the proposed application area. e. Operating Plan.An annual operating plan shall be provided that addresses the following items: (1) Season and Rates. Yearly application season and yearly application rates. (2) Truck Trips. The average number of truck trips per day on County roads. (3) Soil and Plant Tissue Analysis.The operating plan shall state that a soil and plant tissue analysis will be submitted to the County annually in August. It shall also state that an application will be submitted to the County for an alternate application site when either soil or plant tissue analysis indicates chemical limits will be exceeded in the current year. f. State Regulations. The more restrictive of the above County standards and the Colorado Domestic Sewage Sludge Regulations shall apply. g. Exemption for Dried Sludge. Dried sludge that has been stabilized or composted, as determined by State Sewage Sludge Regulations, shall be exempt from these standards. R. Farm or Ranch Stand/Sales of Agricultural Products. 3-23 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS 1. Location. A farm or ranch stand at which primarily raw agricultural products are sold shall be located on the same property on which the product was grown or produced and shall be limited to properties within the Agricultural Limited(AL), Agricultural Resource (AR), Resource Limited(RL)and Resource(R)zone districts. 2. Parking.Adequate off-street parking shall be provided for the sales area. 3. Traffic Safety. The sales area shall be adequately set back from the adjacent road and shall be so situated so that it does not block any required access to or exit from the site, does not disrupt vehicular or pedestrian circulation in the surrounding area and does not cause a traffic hazard or safety problem. 4. Structures and Signs. Any temporary structures or identification signs used for the operation shall comply with all applicable County regulations. 5. Size. The applicant shall demonstrate that the size of the stand is the minimum necessary for the proposed operation. S. Forestry. 1. Limitations. Forestry activities shall be limited to extraction, felling and trimming trees, and removal of wood materials, including primary processing. 2. Processing Prohibited in Backcountry Zone District. Primary processing of forestry products shall not be permitted in the Backcountry(BC)zone district. T. Mass Gatherings. 1. Limit on Attendance. Events of five hundred or more persons, conducted in venues other than previously designated areas which were designed and approved specifically to accommodate such events (i.e.: Eagle County Fairgrounds), shall be limited by the availability of services including: Public restroom facilities, potable water, emergency medical services and parking. The Department of Environmental Health must review and approve the minimum potable water and sanitation requirements and food handling procedures - if applicable, as well as, any required environmental impact mitigation. The Eagle County Sheriffs Office must review and approve parking, circulation and security plans associated with the Mass Gathering event. (am 3/12/02) 2. Concerns to Address. The application for the mass gathering shall state: The number of people expected to attend the gathering; a description of the type of gathering; dates and times the gathering will be held; estimated length of stay of attendees; location of the gathering, and; how the following list of services will be accommodated by the Event Organizer in compliance with all applicable County and State regulations: (orig 3/12/02) a. First aid Provisions-includes persons with certified emergency medical training b. Food service&liquor license-if applicable c. Parking d. Law enforcement and/or security persons e. Sewage disposal 3-24 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS f. Solid waste disposal - If food wastes are to be present on the mass gathering site from dusk to dawn, Wildlife Proof Refuse containers and/or dumpsters may be required at the discretion of the Planning Director. g. Traffic control h. Water supply i. Environmental Impacts-Plans to mitigate environmental degradation due to the proposed Mass Gathering event. j. At the discretion of the Planning Director, a Traffic Impact Report may be required. 3. Site Plan. Applicant must submit a site plan identifying: a. Location of event activities. b. Location of vendors. c. Parking areas including both on site and off site. d. On site and off site traffic circulation patterns. e. Location of First Aid treatment areas. f. Location of solid waste disposal. g. Location of restrooms. h. Location of water stations. i. Location of operators headquarters at the mass gathering. j. Location of any temporary structures necessary to support the mass gathering event, such as: Tents, stages, trailers etc. All temporary structures associated with the mass gathering event must be removed from the site within 72 hours following the event. 4. Standards. The following standards are intended as general requirements for all mass gathering events. Not all mass gathering events can be anticipated to generate identical impacts or service requirements. The applicant for a mass gathering permit may propose appropriate alternative standards which will be evaluated and may be approved at the discretion of the reviewing department or agency. a. Restrooms. (1) One restroom/portable unit per 50 attendees for events of four (4) or more hours. One restroom/portable unit per 100 attendees for events of less than four(4)hours (2) Disposal and cleaning plans for toilets must be reviewed and approved by the Department of Environmental Health; (3) Restroom facilities must be kept clean and sanitary at all times. (4) Depending upon the nature of the mass gathering event, event location, length of the event and time of year, the Director of Environmental Health may approve alternative plans for >Restroom= provisions. b. Potable Water Supply. (1) A continuous supply of potable water must be on hand at all times throughout the mass gathering event; (2) A minimum of two water stations at any mass gathering event; (3) One gallon of potable water per person for any event with attendance time of four (4) or more hours. One-half gallon per person for events of less than four(4)hours; (4) Water source, quality and handling must meet county and state regulations as approved by the Department of Environmental Health; (5) Interruptions of potable water supply must be reported immediately to Environmental Health. 3-25 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS (6) Depending upon the nature of the mass gathering event, event location, length of the event and time of year, the Director of Environmental Health may approve alternative >Potable Water Supply= provisions. c. Food Service-If the mass gathering event is to include food service. (1) Describe refrigeration and food handling procedures. (2) All food service must be in compliance with applicable county and state health regulations. d. Parking. (1) No more than 100 private vehicle parking spaces per acre. (2) Evidence that adequate parking and safe access for any proposed transit, private vehicles, bicycles and pedestrians must be provided. (3) Depending upon the nature of the mass gathering event, event location, length of the event and time of year,the Eagle County Sheriff=s Office may approve alternative>Parking=plans. e. Emergency Medical. (1) All mass gathering events must provide plans for handling medical emergencies. (2) Plans for the provision of Emergency Medical services must be approved, in writing, by the applicable emergency medical provider. f. Security. (1) Law enforcement and/or security persons must be provided at a ratio of one per 100 people in attendance. (2) Depending upon the nature of the mass gathering event, event location, and length of the event, the Eagle County Sheriff=s Office may approve alternative>Security=plans. U. Outfitter and Guide. Retail sales of goods by an outfitter and guide operation shall be prohibited, unless the underlying zone district specifically allows said retail sales or unless the sales are incidental to the outfitter and guide service. V. Resort Recreational Facility. Where a resort recreational facility provides accommodations, the maximum number of accommodations shall be limited as follows: 1. Resource (R) Zone District. Twelve (12) dwelling units or forty-eight (48) beds of visitor capacity may be allowed in the Resource(R)zone district;and 2. Backcountry (BC) Zone District. One (1) dwelling unit or twenty (20) beds of visitor capacity may be allowed in the Backcountry(BC)zone district. W. Temporary Building or Use. 1. Use Limitations. Temporary buildings shall only be used to conduct a use that is allowed, or a use that is allowed by limited review or by special review, in the underlying zone district. 2. Health and Safety Codes. Temporary buildings or uses shall comply with all applicable regulations concerning health, sanitation,safety and access. 3-26 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS 3. Removal. The applicant shall provide positive assurance that the temporary building or use shall be removed or operations shall be ceased by the required time,as follows: a. Removal by County at Owner's Expense. The County shall be given permission by the applicant and owner to remove the temporary building or use at the owner's expense if, at any time, the building is determined to be out of compliance with these Land Use Regulations. b. Deposit. A deposit of an amount determined by the Board may be required from the applicant to defray the County's costs to remove a temporary building or use. X. Temporary Housing. An owner of a lot may live on his lot while a new house is being constructed on the same lot, provided the original unit is removed at the completion of the new unit, and provided the applicant submits an adequate site plan and associated materials that demonstrate compliance with the following standards: 1. Water Supply and Sewage Disposal. The applicant shall submit evidence of an adequate water supply and method of sewage treatment. a. Self-Contained Camper Units. For self-contained camper units,the applicant shall show a valid commitment for hauling water and sewage. b. Other Units.For units which are not self-contained, adequate water and sewage facilities shall be provided,with specifications approved by the County Environmental Health Office. c. Mobile Homes.For mobile homes or other temporary housing,the applicant shall have water and sewage treatment systems that are approved by the Environmental Health Office. d. Prohibitions. In no case shall unsafe water be used for drinking nor shall raw sewage be discharged on the ground surface. 2. Approved Subdivision. If the subject lot is located in an approved subdivision,the Covenants of that subdivision must allow such temporary housing. The applicant shall be responsible for demonstrating approval by the property owner's association. 3. Time Limit.The maximum allowable time length of the permit is six(6)months. 4. Maximum Number.Not more than one (1) temporary housing unit shall be located on a house construction site. The inhabitants of the unit shall be the owners of the lot or construction employees. 5. Maintenance. Temporary housing sites shall be maintained in a clean, sanitary and safe condition, free from hazardous or noxious materials, weeds and refuse. The property owner shall be responsible for ensuring compliance. 6. Fire Protection. Adequate fire protection shall be provided. A water storage tank may be required if County Environmental Health Office and local fire protection officials deem it necessary. 7. Trash Collection. A thirty (30) gallon (four [4] cubic foot) container shall be provided, or the equivalent, in a central trash collection facility. Said container(s) shall be durable, washable, 3-27 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS nonabsorbent metal or plastic with tightfitting lids. Refuse shall be removed from site not less than once per week. 8. Enforcement. Once the permit for temporary housing is granted,the applicant shall comply with all the foregoing regulations or the County will issue a stop work order for the construction project until the temporary housing site is brought into compliance with the regulations. The certificates of occupancy for a construction project shall be withheld until the temporary housing is removed and the site is restored to the satisfaction of the County. Y. Mobile Home and Recreational Vehicle Parks. 1. Purpose and Intent.The purpose of these standards is as follows: a. Health and Safety. To provide minimum requirements for the protection of the health and safety of the occupants of mobile home parks and the general public. b. Minimum Standards. To provide minimum standards for mobile home and recreational vehicle parks and to provide for permits for expansions, additions and alterations to existing parks. c. Resolve Hazards.To ensure that if any hazard to health, safety or welfare exists within the park, it is resolved in reasonable time. d. Comply With Other Codes. To comply with applicable sections of the Colorado Department of Health, Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code and the National Electrical Code. 2. Hookup Permits. a. Permit Required to Move. It shall be unlawful for any mobile home park owner to allow a mobile home for occupancy to be moved into a mobile home space or to be moved from one mobile home space to another within a mobile home park without first obtaining a hookup permit. b. Permit Required to Occupy.It shall be unlawful for any person to occupy a mobile home within a mobile home park in unincorporated Eagle County without first obtaining a hookup permit and a certificate of an approved final inspection of all hookup requirements, as listed in this section,whenever a mobile home is first moved into a mobile home park and whenever a mobile home is moved from one space to another within a mobile home park. c. Application for permit. (1) Permit Required. All owners of individual mobile home units located within a mobile home park who are required to obtain permits according to this Section shall apply to the Building Department for a hookup permit and give the Department notice at least twenty-four (24) hours in advance of the requested inspection. (2) Permit Application Contents. The mobile home hookup permit application shall be made in writing and shall be accompanied by the following information: 3-28 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS (a) Applicant Identification. The name, address, mailing address and telephone number of the applicant. If the applicant is not the owner of the mobile home unit(but is acting on the owner's behalf) for which a permit is being sought, the applicant shall also include the name of the owner of the unit and documentation of the authority and/or legal relationship of the applicant allowing him to occupy the mobile home unit. (b) Park Manager Identification. The name, mailing address and telephone number of the park manager. (c) Mobile Home Park Identification. The name of the mobile home park in which the applicant's unit is located and the location of the unit within the park. (d) Manufacturer Identification. The mobile home manufacturer's identification number. (e) Site Plan. A site plan that locates the mobile home on the lot and shows all adjoining structures and roads. (f) Inspection Fee. An inspection fee in the amount established from time-to-time by Eagle County. (3) Review of Application,Inspection,Permit. (a) Authority to Issue Permit. The Building Official, after receiving the application and providing for review by the Environmental Health Department and the Planning Department, shall be authorized to issue a hookup permit. (b) Inspection. The Building Inspector and the Environmental Health Manager are hereby authorized to inspect any unit that is subject to the provisions of this Section and to review the construction or maintenance of the unit or improvements to the unit that are relevant to this Section. Staff from the Building Department or the Environmental Health Department shall inspect the mobile home hookups prior to occupancy. (c) Permit Denial. The Building Official may deny any hookup permit if the application is in any way incomplete,according to Section 3-310 Y.2.c., Application for Permit, or if the mobile home proposed to be moved, or the proposed location, does not meet the standards of this Section. (d) Standards. The Building Inspector may issue a hookup permit for a mobile home after considering the following: i) Report. The comments provided in reports from the Planning and Environmental Health departments. ii) Utility Connections. Whether the proposed connections for water supply, sewage disposal, electricity and gas will be adequate and safe. iii) Tie Down. Whether the proposed blocking and tie down will be adequate and safe. 3-29 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS iv) Address. Whether the street address or space numbers or letters will be visible from the access street,by day or night. v) Steps. Whether there will be safe and approved steps,landings,handrails and guardrails. d. Denial of Certificate of Approved Final Inspection of Hookup Requirements. (1) Reasons for Denial. The Building Official may deny occupancy of any mobile home if he determines that the mobile home hookup does not comply with the minimum standards of this Section and that the mobile home cannot be safely occupied. (2) Specify Requirements for Subsequent Application. If the Building Official denies either a hookup permit or a certificate of final inspection approval, he shall specify what requirements must be complied with prior to consideration of a subsequent permit application. The applicant may resubmit the application upon satisfactory evidence that the requirements of this Section have been complied with in full. 3. Standards for Parks in Existence Prior to the Effective Date of These Regulations. Mobile home or recreational vehicle parks in existence prior to the effective date of the County's initial mobile home and recreational vehicle park regulations (October 19, 1974) shall be subject to the following standards. a. Drainage. The park shall be drained, graded and surfaced where necessary to facilitate drainage, and prevent movement and shall be free from depressions in which water collects and stagnates. b. Clean Sanitary Condition. The park shall be maintained in a clean sanitary condition at all times. Grasses, weeds and other such vegetation not considered as part of the ornamental landscape shall not exceed twelve(12)inches in height. c. Occupancy. A mobile home located in a mobile home park shall only be occupied as a dwelling when it is properly placed on a conforming mobile home lot and is connected to all utilities, including water, sewer, electricity or gas. Utility service connections shall be located on the lot served. d. Water Supply. All mobile homes, service buildings and other facilities shall be provided at all times with an adequate supply of water, and shall be served by a water system designed, constructed and protected in accordance with Colorado Department of Health recommendations. e. Sewage Disposal. All mobile homes, service buildings and other facilities shall be provided at all times with an adequate means of sewage disposal in accordance with Department of Colorado Public Health and Environment recommendations. f. Refuse. The storage, collection and disposal of refuse in a mobile home park shall be so conducted as to control odors, rodents, insects, accidents, fire hazards, air pollution or other nuisance conditions. 3-30 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS g. Signs. Each mobile home in a park shall be clearly identified by street address or space numbers or letters visible from the access street, by day or night. Street signs shall be provided on all vehicular streets. h. Structural Support. The mobile home space shall provide a sound base for the structural support of the mobile home to prevent shifting,heaving or uneven settling. i. Access to Connections. Where skirting is provided, readily operable doors or access panels shall be installed to permit convenient access to the water,sewer and gas connections. j. Structural Alterations. Structural alterations to any mobile home shall comply with all applicable provisions of these Land Use Regulations and the Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, National Electrical Code and the Department of Colorado Public Health and Environment. k. Setbacks.A mobile home shall not be placed less than ten(10)feet from its longest side or three (3) feet on its shortest side respectively to any other mobile home, building, fence or other obstruction. Noncombustible storage sheds shall be exempt from this standard, provided they do not block emergency or utility access. 4. Standards for New Mobile Home Parks or Additions To Existing Parks. a. Site Improvements. (1) Access.The park shall have access to a public road. (2) Drainage. The park shall be located on a well-drained site, that is graded or drained and is free from stagnant pools of water. (3) Landscaping.The site plan shall include a landscaping plan prepared in accordance with Section 4-220 Landscape Plan. (4) Minimum Setbacks. (a) Mobile Home Space. The minimum setbacks for mobile home units from each mobile home space line shall be: i) Front. Twenty(20)feet from the front space line. ii) Side. Twenty(20)feet between units. iii) Rear. Five(5)feet from the rear space line. (b) Mobile Home Park Boundaries. The mobile home park space shall comply with the following setbacks: i) Front Yard. The mobile home park space shall be set back a minimum of fifty(50)feet from an arterial or collector road or twenty-five(25)feet from a local or mountain road. 3-31 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS ii) Side or Rear Property Line. The mobile home park space shall be set back a minimum of twenty(20)feet from any side or rear property line. (c) Fire Protection. All mobile homes,modular homes, or habitable appurtenances shall be set back be a minimum of twenty(20)feet from each other, for fire protection. (5) Mobile Home Spaces. Each mobile home space shall contain a minimum of three thousand-eight hundred (3,800) square feet of area per single-wide unit, and five thousand (5,000) square feet for a double or multi-wide unit, exclusive of park driveways. The area in which the mobile home is placed shall be graded for drainage and improved to prevent shifting or settling of the mobile home. Anchors or tiedowns shall be provided as necessary to prevent overturning of mobile homes. (6) Parking. Each mobile home space shall contain a minimum of two (2) paved offstreet parking spaces,for use by automobiles. (7) Driveways and Walkways. All mobile home spaces shall abut upon an appropriately surfaced driveway that provides unobstructed access to a public street or highway. The minimum unobstructed width of such driveways shall be twenty-five(25)feet. All driveways and walkways within the park shall be sufficiently illuminated to ensure safety for park residents. Walkways that are not less than three (3) feet wide shall be provided along drives, as required for safety and convenience of inhabitants. (8) Paving. All mobile home park roads shall be engineered and surfaced with asphalt, concrete or gravel. (am 3/12/02) (9) Maintenance. All mobile home lots and stands shall be maintained in a clean and sanitary condition, free from hazardous or noxious materials, weeds and refuse. The unit owner shall be responsible for ensuring compliance. b. Water Supply and Distribution. (1) Comply With Standards.A domestic water supply that is in compliance with the drinking water standards of the Colorado Department of Health shall be provided in each mobile home park. Where a public supply of water of satisfactory quantity, quality, and pressure is available, connection shall be made thereto and it shall be the exclusive supply used. When such a public water supply is not available, a central water supply system may be developed and used if it meets standards of the Department of Colorado Public Health and Environment. (2) Located To Avoid Contamination. Every well or suction line of the water supply system shall be located and constructed in such a manner that neither underground nor surface contamination will reach the water supply from any source. (3) Treatment. The treatment of a private water supply shall be in accordance with applicable state and local laws and regulations. (4) Minimum Supply. The water source shall be capable of supplying a minimum of four hundred- fifty(450)gallons per day per mobile home. 3-32 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS (5) Connection.The water supply system shall be connected by pipes to all mobile homes,buildings, and other facilities requiring water. (6) Equipment. All water piping, fixtures and other equipment shall be constructed and maintained in accordance with state and local regulations and requirements and shall be of a type and in locations approved by the County Environmental Health Office. (7) Pressure. The system shall be so designed and maintained as to provide a pressure of not less than twenty (20) nor more than eighty (80) psi, under normal operating conditions at service buildings and other locations requiring potable water supply. (8) Minimum Horizontal Separation. A minimum horizontal separation of ten (10) feet shall be maintained between all domestic water lines and sewer lines. (9) Underground Valves. Underground stop and waste valves shall not be installed on any water service. (10) Water-Riser Pipes. Waterriser pipes shall extend a minimum of four (4) inches above ground elevation unless recessed in a box or sleeve. The pipe shall be a minimum of three-quarter (3/4) inch. The water outlet shall be capped when a mobile home does occupy the lot. (11) Prevent Freezing. Adequate provisions shall be made to prevent freezing of main service lines, valves and riser pipes and to protect risers from heaving and thawing actions of the ground during freezing weather. Surface drainage shall be diverted from the location of the riser pipe. (12) Shutoff Valve. A shutoff valve below the frost line shall be provided near the waterriser pipe on each mobile home lot. c. Sewage Disposal. (1) Adequate System Required.An adequate sewage system shall be provided in each mobile home park for the purpose of conveying and disposing of all sewage. Such system shall be designed, constructed and maintained in accordance with state and local laws. (2) Sewer Lines. All sewer lines shall be located in trenches of sufficient depth to be free of breakage from traffic or other movements and shall maintain a minimum horizontal separation of ten(10) feet from all domestic water lines. Sewers shall be at a grade that will insure a velocity of two(2)feet per second when flowing full. All sewer lines shall be constructed of materials that comply with state or local laws and shall meet the Department of Colorado Public Health and Environment design criteria. (3) Sewage Treatment and/or Discharge. Where the sewer lines of the park are not connected to a public sewer, all proposed sewage disposal facilities shall be approved by the Environmental Health Manager prior to construction. Effluents from sewage treatment facilities shall not be discharged into any waters of the State, except with prior approval of the Department of Colorado Public Health and Environment. 3-33 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS (4) Sewer Riser Pipe. Each mobile home stand shall be provided with a minimum four (4) inch diameter sewer riser pipe. The sewer riser pipe shall be so located on each stand that the sewer connection to the mobile home system outlet will approximate a vertical position. (a) Minimum Dimensions. The sewer connection shall have a nominal inside diameter of a minimum of three (3) inches and the slope of any portion thereof shall be a minimum of oneeighth(1/8) inch per foot. The sewer connection shall consist of one (1) pipe line only, with no more than one (1) stand served by one (1) individual sewer connection. Underground branch fittings of four (4) inch lines shall not be permitted. All joints shall be watertight. (b) Materials. All materials used for sewer connections shall be rigid or semirigid, corrosive resistant,nonabsorbent and durable. The inner surface shall be smooth. (c) Plugging. Provisions shall be made for plugging the sewer riser pipe when a mobile home does not occupy the lot. The rim of the riser pipe shall extend a minimum of four (4) inches above ground elevation,unless such riser pipe is protected within a recessed box or sleeve. d. Fire Protection. Adequate fire protection shall be provided and shall be in compliance with all applicable fire codes and standards. e. Service Building. (1) Applicability. The requirements of this Section shall apply to service buildings, recreation buildings and other community service facilities such as management offices; repair shops and storage areas; sanitary facilities; laundry facilities; indoor recreation areas; and commercial uses supplying essential goods or services for the exclusive use of park occupants. (2) Structural Requirements for Buildings. (a) Protection. All portions of the structure shall be properly protected from damage by ordinary uses and by decay, corrosion, termites, and destructive elements. Exterior portions shall be of such materials and be so constructed and protected as to prevent entrance or penetration of moisture and weather. (b) Sanitary or Laundry Facilities. All rooms containing sanitary or laundry facilities shall: (i) Walls. Have sound resistant walls extending to the ceiling between male and female sanitary facilities. Walls and partitions around showers, bathtubs, lavatories and other plumbing fixtures shall be constructed of dense,non-absorbent waterproof material or be covered with moisture resistant material. (ii) Windows. Have a minimum of one (1) window or skylight facing directly to the outdoors. The minimum aggregate gross area of windows for each required room shall be not less than ten(10) percent of the floor area served by them. A minimum of one(1)window shall be capable of being easily opened, or the room shall have a mechanical device that will adequately ventilate the room. (iii) Toilets. Have toilets locked in separate compartments equipped with self closing doors. Shower stalls shall be of the individual type. The rooms shall be screened to prevent direct view of the interior when the exterior doors are open. 3-34 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS (iv) Illumination. Have illumination levels maintained as follows: aa. Five(5)foot candles for general seeing tasks; and bb. Forty (40) foot candles for laundry room work area and toilet room in front of mirrors. (v) Hot and Cold Water. Have hot and cold water furnished to every lavatory, sink, bathtub, shower and laundry fixture,and cold water furnished to every water closet and urinal. f. Supervision. (1) Attendant. The duly authorized attendant or caretaker shall be in charge at all times to keep the park,its facilities and equipment in a clean,orderly and sanitary condition. (2) Owner Answerable. The park owner shall be answerable for the violation of any provision of these Regulations,except those that expressly involve unit owners or tenants. (3) Refuse Handling. The storage, collection and disposal of refuse in a mobile home park shall be so arranged as not to create health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. All refuse shall be disposed of at either a municipal or County designated landfill site, at a minimum once per week. See Section 4-410.0 Wildlife Proof Refuse Container/Dumpster Enclosure Standards. (am 3/12/02) (4) Pest Control. Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the County Environmental Health Office and the Department of Colorado Public Health and Environment. (5) Pet Control. The owners or managers of a mobile home park, or the owners or persons in charge of any dog, cat, or other pet animal shall keep such animal on a leash,not exceeding ten(10)feet, or shall confine such animals within the unit space or designated areas within the park, and shall not permit such animal to commit any nuisance. Animals are restricted to household pets only. (6) Electrical Distribution and Communication Wiring. (a) Distribution System. Each mobile home park shall contain an electrical distribution system to each lot or site, consisting of wiring, fixtures, equipment and appurtenances hereto that shall be installed and maintained in accordance with the applicable electrical code currently in force. Telephone and cable TV systems may be installed and maintained. (b) Approval By Utility. All plans for the above services shall have the approval of the responsible utility prior to County approval of mobile home park plans. 5. Standards For Major Recreational Vehicle Parks or Additions to an Existing Park.A major recreational vehicle park shall be limited to supplying parking spaces for travel trailers, camper vehicles 3-35 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS and/or tent camping on sites of five (5) acres or more. Each camping space will be provided with individual water, sewer and electric hook-ups or, water and sanitation facilities will be provided within common areas in close proximity to each camping space. Permanent occupancy in a recreational vehicle park shall not be allowed. (am 03/12/02) a. Site Improvements. (1) Access.The park shall have access to a public road. (2) Drainage. The park shall be located on a well-drained site that is graded or drained and is free from stagnant pools of water. (3) Landscaping. The site plan shall include a landscaping plan prepared in accordance with Section 4-220 Landscape Plan. (4) Minimum Area.A major recreational vehicle park shall contain a minimum of five(5)acres. (am 3/12/02) (5) Minimum Setbacks. (a) Vehicles. Recreational vehicles and/or tents shall be set back a minimum of twenty (20) feet from each other. (b) Boundaries. The recreational vehicle park shall comply with the following minimum setbacks: (i) Front Yard. The recreational vehicle park shall be set back a minimum of fifty(50)feet from an arterial or collector road or twenty-five(25)feet from a local or mountain road. (ii) Side or Rear Property Line. The recreational vehicle park shall be set back a minimum of twenty(20)feet from any side or rear property line. (6) Minimum Facilities for Recreational Vehicle Spaces. The area devoted to each recreational vehicle space shall be adequate to accommodate the following facilities: (a) Picnic Facilities. Each space shall be provided with a United States Forest Service approved fireplace or fire circle,a picnic table and a welldrained,level site. (am 3/12/02) (b) Parking Space. Each space shall provide one(1)graveled parking space; (c) Vehicle Barriers. Adequate barriers shall be provided to confine vehicles to driveways and parking spaces. (7) Driveways. All recreational vehicle spaces shall abut upon a driveway graded for drainage and maintained in a rut and dust free condition, that provides unobstructed access to a public street or highway. The minimum unobstructed width of such driveways shall be fifteen (15) feet for oneway traffic or twentyfive(25)feet for twoway traffic. No parking shall be permitted on the driveways. 3-36 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS (8) Clean and Sanitary Condition. The park owner shall be responsible for ensuring that the recreational vehicle park is maintained in a clean and sanitary condition, free from hazardous or noxious materials,weeds and refuse. b. Water Supply and Distribution. (1) Comply With Standards.A domestic water supply that is in compliance with the drinking water standards of the Colorado Department of Health shall be provided in each mobile home and recreational vehicle park. Where a public supply of water of satisfactory quantity, quality and pressure is available, connection shall be made thereto and it shall be the exclusive supply used. When such a public water supply is not available, a central water supply system may be developed and used if it meets standards of the Department of Colorado Public Health and Environment. (2) Located To Avoid Contamination. Every well or suction line of the water supply system shall be located and constructed in such a manner that neither underground nor surface contamination will reach the water supply from any source. (3) Treatment. The treatment of a private water supply shall be in accordance with applicable state and local laws and regulations. (4) Connection. The park's water supply system shall be connected by pipes to all recreational vehicles, buildings, and other facilities requiring water. (5) Equipment. All water piping, fixtures and other equipment shall be constructed and maintained in accordance with state and local regulations and requirements and shall be of types and in locations accepted by the County Environmental Health Office. (6) Pressure. The system shall be so designed and maintained as to provide a pressure of not less than twenty (20) nor more than eighty (80) psi, under normal operating conditions at service buildings and other locations requiring portable water supply. (7) Separation. A minimum horizontal separation of ten (10) feet shall be maintained between all domestic water lines and sewer lines. (8) Underground Valves. Underground stop and waste valves shall not be installed on any water service. (9) Supply.The water supply shall be capable of supplying fifty(50)gallons per space per day for all spaces lacking individual water connections and a hundred(100) gallons per space per day for all spaces provided with individual water connections. (10) Individual Water Service Connections. If facilities for individual water service connections are provided,the following requirements shall apply: (a) Riser Pipes. Riser pipes provided for individual water service connections shall be so located and constructed that they will not be damaged by the parking of recreational vehicles. Water riser pipes shall extend a minimum of four(4)inches above ground elevation unless recessed in a box or sleeve. The pipe size shall be three-quarter(3/4)inch. 3-37 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS (b) Prevent Freezing. Adequate provisions shall be made to prevent freezing of main service lines, valves and riser pipes. (c) Valves. Valves shall be provided near the outlet of each water service connection. They shall be turned off and the outlets capped or plugged when not in use. (d) Connection. The park=s water supply system shall be connected by pipes to all recreational vehicles, buildings, and other facilities requiring water. (11) Water Stations. (a) Stations for Recreational Vehicle Area. Each recreational vehicle parking area shall be provided with one (1) or more easily accessible watering stations for filling water storage tanks. Such water supply outlets shall consist of at least a water hydrant and the necessary appurtenances and shall be protected against the hazards of back flow and back siphonage. (b) Stations for Tent Camping Area. Each tent camping area shall be provided with at least one(1) individual watering station no more than two hundred (200) feet from any tent camping space; such station to be constructed similar to individual water service connections as provided under this Section, except that riser height shall be between thirty (30) inches and thirty two (32) inches and a splash pad shall be installed around the base. c. Sewage Disposal.An adequate sewage system shall be provided in each recreational vehicle park for the purpose of conveying and disposing of all sewage. Such system shall be designed, constructed and maintained in accordance with state and local laws. (1) Sewer Line. All sewer lines shall be located in trenches of sufficient depth to be free of breakage from traffic or other movements and shall maintain a minimum horizontal separation of ten(10)feet from all domestic water lines. Sewers shall be at a grade that will insure a velocity of two (2) feet per second when flowing full. All sewer lines shall be constructedof materials that comply with state or local laws and with Department of Colorado Public Health and Environment design criteria. (2) Sewage Treatment and/or Discharge. Where the sewer lines of the park are not connected to a public sewer, all proposed sewage disposal facilities shall be approved by the Environmental Health Office prior to construction. Effluents from sewage treatment facilities shall not be discharged into any waters of the State except with prior approval of the Department of Colorado Public Health and Environment. (3) Individual Sewer Connections. If facilities for individual sewer connections are provided, the following requirements shall apply: (a) Sewer Riser Pipe. The sewer riser pipe shall be a minimum of four(4) inches in diameter shall be trapped below the ground surface and shall be so located on the trailer space that the sewer connection to the trailer system will approximate a vertical position. (b) Sewer Connection. The sewer connection shall have a nominal inside diameter of a minimum of three(3)inches, and the slope of any portion thereof shall be a minimum of oneeighth(1/8)inch per foot. All joints shall be watertight. 3-38 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS (c) Materials. All materials used for sewer connections shall be corrosive resistant, nonabsorbent and durable. The inner surface shall be smooth. (d) Plugging. Provisions shall be made for plugging the sewer riser pipe when a trailer does not occupy the space. Surface drainage shall be diverted away from the riser. (4) Sink Wastes. No liquid wastes from sinks shall be discharged into or allowed to accumulate on the ground surface. (5) Sewage Treatment and/or Discharge. Where the sewer lines of the travel trailer parking area are not connected to a public sewer, all proposed sewage disposal facilities shall be approved by the County Environmental Health Office prior to construction. Effluents from sewage treatment facilities shall not be discharged into any waters of the state except with prior approval of the Colorado State Department of Health. d. Fire Protection. Adequate fire protection shall be provided and shall be in compliance with all applicable fire codes and standards.Defensible space and fire breaks will be considered as part of the Special Use Permit review process. (am 03/12/02) e. Electrical Distribution and Communication Wiring. (1) Electrical Distribution System.Each recreational vehicle park shall contain an electrical distribution system to each lot or site,consisting of wiring, fixtures, equipment and appurtenances thereto which shall be installed and maintained in accordance with the applicable electrical code currently in force. Telephone and cable TV systems may be installed and maintained. (2) Approval By Utility.All plans for the above services shall have the approval of the responsible utility prior to County approval of park plans. f. Service Building. (1) Applicability.The requirements of this Section shall apply to service buildings,recreation buildings and other community service facilities such as management offices;repair shops and storage areas;sanitary facilities; laundry facilities; indoor recreation areas;and commercial uses supplying essential goods or services for the exclusive use of park occupants. (2) Structural Requirements for Buildings. (a) Protection. All portions of the structure shall be properly protected from damage by ordinary uses and by decay,corrosion,termites, and destructive elements. Exterior portions shall be of such materials and be so constructed and protected as to prevent entrance or penetration of moisture and weather. (b) Sanitary or Laundry Facilities. All rooms containing sanitary or laundry facilities shall: (i) Walls. Have soundresistant walls extending to the ceiling between male and female sanitary facilities. Walls and partitions around showers,bathtubs, lavatories and other plumbing fixtures shall be constructed of dense,non-absorbent waterproof material or be covered with moisture resistant material. 3-39 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS (ii) Windows. Have a minimum of one(1)window or skylight facing directly to the outdoors. The minimum aggregate gross area of windows for each required room shall be not less than ten(10)percent of the floor area served by them. At least one(1)window shall be able to be easily opened, or the room shall have a mechanical device that will adequately ventilate the room. (iii) Toilets. Have toilets locked in separate compartments equipped with self closing doors, shower stalls shall be of the individual type. The rooms shall be screened to prevent direct view of the interior when the exterior doors are open. (iv) Illumination. Have illumination levels maintained as follows: aa. Five(5)foot candles for general seeing tasks; and bb. Forty(40)foot candles for laundry room work area and toilet room in front of mirrors. (v) Hot and Cold Water. Have hot and cold water furnished to every lavatory, sink,bathtub, shower and laundry fixture,and cold water furnished to every closet and urinal. (3) Required Community Sanitary Facilities. (a) Central Service Building. A central service building containing the necessary toilet and other plumbing fixtures specified shall be provided in recreational vehicle parking areas that provide spaces for vehicles and for tent camping areas. Service buildings shall be conveniently located within a radius of approximately three hundred(300)feet to the spaces served. Provided that when a recreational park is designed for and exclusively limited to use by self-contained vehicles,no public sanitary facilities shall be required. (b) Sanitary Facilities for Women. Sanitary facilities for women shall include a minimum of one and one-half(1-1/2)flush toilet,one(1)lavatory and one(1)shower for each fifteen(15)recreational vehicle or tent spaces or fractional number thereof. (c) Sanitary Facilities for Men. Sanitary facilities for men shall include a minimum of one(1)flush toilet,one(1)urinal, one(1)lavatory and one(1)shower for each fifteen(15)recreational vehicle or tent spaces or fractional number thereof. (d) Recreational Vehicle Park Connected to Resort. When a recreational vehicle park requiring a service building is operated in connection with a resort or other business establishment,the number of sanitary facilities for such business establishment shall be in excess of those required by the schedule of recreational vehicle spaces and shall be based on the maximum number of persons allowed to use such facilities. g. Supervision. (1) Attendant.The attendant or caretaker shall be in charge at all times to keep the park,its facilities and equipment in a clean,orderly and sanitary condition. 3-40 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS (2) Owner Answerable.The owner shall be answerable for the violation of any provision of these Regulations. (3) Refuse Handling.The storage,collection, and disposal of refuse in a recreational vehicle park shall be so arranged as to not create health hazards,rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. All refuse shall be disposed of at either a municipal or County designated landfill site, at minimum once per week. See Section 4-410.0 Wildlife Proof Refuse Container/Dumpster Enclosure Standards. (am 03/12/02) (4) Pest Control. Grounds,buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects land rodents shall conform with the requirements of the County Environmental Health Office and the Department of Colorado Public Health and Environment. (5) Pet Control. The owners or managers of a recreational vehicle park,or all owners or persons in charge of any dog, cat,or other pet animal shall have such animal on a leash,not exceeding ten(10)feet or shall confine such animals within the space or designated areas within the park,and shall not permit such animal to commit any nuisance. Animals are restricted to household pets only. 6. Minor Recreational Vehicle Parks. A minor recreational vehicle park shall be limited to supplying parking spaces for travel trailers,camper vehicles and/or tent camping on sites of a minimum one(1)acre and a maximum of five(5)acres. Individual hook-ups for water, sewer and electric are not required for each camping space.Rather,water and sanitation facilities will be provided within common areas in close proximity to each camping space. Permanent occupancy in a recreational vehicle park shall not be allowed. (orig 03/12/02) a. Limits. A Minor Recreation Vehicle Park shall: (1) Contain sites for no more than five(5)recreation vehicles per acre with a maximum of five(5) acres or as otherwise approved throughout the Special Use Permit review process. (2) Permit individual recreational vehicles to remain in the Minor Recreation Vehicle Park no more than 14 consecutive nights. b. Site Improvements. (1) Access. The park shall have access to a public road. (2) Drainage. The park shall be located on a well-drained site,that is graded or drained and is free from stagnant pools of water. (3) Landscaping. The site plan shall include a landscaping plan prepared in accordance with Section 4-220 c. Standards. (1) Minor Recreation Vehicle Parks shall not be required to conform to Section3-310.Y.5., Standards For Major Recreational Vehicle Parks or Additions to an Existing Park, except that: 3-41 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS (a) Minor Recreation Vehicle Parks shall conform to Section 3-310.Y.5.a., Site Improvements, above, except that the minimum area shall be one(1)acre,and; (b) Minor Recreation Vehicle Parks shall conform to Section 3-310.Y.5.b.(11), Water Stations and; (c) Minor Recreation Vehicle Parks shall conform to Section 3-310.Y.5.f. (3)Required Community Sanitary Facilities,and; (d) Minor Recreation Vehicle Parks shall conform to Sections 3-310.Y.5.g., Supervision. 7. Application Procedures for Mobile Home and Recreational Vehicle Parks. A Special Use Permit, issued pursuant to Section 5-250, Special Uses, is required to establish a mobile home or recreational vehicle park or for additions to existing parks. Z. Multi-Housekeeping Dwelling Unit. 1. Parking. There shall be a minimum of one(1)off-street parking space per bedroom. 2. Dimensional Limitations. Multi-Housekeeping Dwelling Units shall only be permitted on parcels that conform to the minimum lot size standards of the underlying zone district. Aa. Tree Storage. (orig 03/12/02) 1. Use.This use shall be limited to the open storage of trees or plant materials only. Tree storage sites shall expressly not be used as contractor storage yards, as further defined by these regulations.(am 11-08-05) 2. Sales. There shall be no retail sales of trees or retail clientele allowed on the property. All tree sales must occur off the property at such businesses as a greenhouse or nursery. (am 11- 08-05) 3. Advertisement. Tree Storage areas shall not be advertised, nor shall signs advertising the business for which the trees are being stored be allowed. (am 11-08-05) 4. Operation. Operation of noise producing equipment shall be limited to the hours of 8am to 5pm. Monday through Saturday. (am 11-08-05) 5. Nuisance. The land owner/operator shall ensure minimal noise,dust and garbage. Construction trash may not be stored on the site and dead plant materials must be promptly removed. (am 11-08-05) 6. Proof of Adequate Water. Proof of adequate and legal water to be used for irrigation purposes must be provided with application.(am 11-08-05) 7. Access. Proof of adequate and legal access to the site shall be provided. (am 11- 08-05) 3-42 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS Bb. Solar Energy System Solar Energy Systems able to convert radiant energy from the sun into clean renewable energy are generally encouraged in Eagle County. It is the goal of this section of the Land Use Regulations to allow for development of Solar Energy Systems while encouraging responsible design,and providing for appropriate public process when the scale,location,and/or design presents neighborhood,area, and/or community impacts. 1. Reflectivity. All Solar Energy Systems shall incorporate anti-reflectivity coating provided by the manufacturer, as well as non-reflective materials for racking, structural,and/or other associated equipment. Concentrated Solar Devices are prohibited. 2. Setbacks. All Solar Energy Systems shall comply with dimensional limitations articulated Table 3-340, including height, setback,and lot coverage. 3. Structure-Integrated Solar Energy System. A Structure-Integrated Solar Energy System shall be allowed as a use by right regardless of production capacity. Such systems shall be incidental to the primary use of the structure and subject property,and are encouraged to be flush with the roof/top and/or wall,architecturally integrated, and utilize anti-reflective materials. 4. Ground-Mounted Solar Energy Systems. a. Ancillary Ground-Mounted Solar Energy Systems. Ancillary Ground-Mounted Solar Energy Systems 15-feet or less in height measured from the highest point of the improvement to existing or finished grade,whichever is more restrictive; shall be allowed as a use by right. b. Solar Farm. Solar farms over 80-kw rated nameplate capacity or equivalent in rural areas of the county, and over 10-kw rated nameplate capacity or equivalent in community centers, designated community buffer areas,and in zone districts articulated in Table 3-300 shall complete a Special Use Review and approval pursuant to Section 5-250 and Standards identified below in Section 3-310 Bb.4. 5. Standards. The following standards shall apply to Solar Energy Systems completing special use review in addition to the standards specified pursuant to Section 5-250 Special Use: a. Setbacks. All Solar Energy Systems must comply with required height and setback requirements as defined in Table 3-340: Schedule of Dimensional Limitations. b. Design minimizes adverse visual impact. The project applicant shall demonstrate through visual impact analysis,materials, and/or screening to the extent practicable,that the project will not create adverse visual impact to neighboring properties, surrounding areas,and community buffers as further 3-43 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS detail necessary to support Section 5-250.B.4 Design Minimizes Adverse Impact. c. Utility grid interconnection. The project applicant shall provide to the County the system design and interconnection to the grid; and evidence such design has been accepted or approved by the associated utility provider. d. Longevity and reclamation. The project applicant shall identify the proposed timeline for its use, and shall submit a reclamation plan specifying the reclamation of the project site which will occur upon termination of use. Cc. Small Hydroelectric Energy Device. 1. Magnitude.Hydroelectric projects over 500 kW in capacity would require a Special Use Permit. 2. Equipment.Wheel turbines,generators, and other mechanical equipment shall be enclosed in a wheelhouse/pumphouse structure. The structure shall be detached from other structures and sized only to house necessary mechanical equipment for the hydroelectric system. The wheelhouse and associated piping/penstock would be allowed to be constructed within the 75' stream setback. 3. Impacts.All system components, including the wheelhouse and pipe(s)shall not create visual or auditory impacts,or create impediments or other unnatural hazards upon wildlife. The system shall be designed to blend with its natural surroundings. 4. Other Restrictions. Any construction must comply with noise and vibration standards pursuant to Article 4 in these regulations; as well as any applicable building/mechanical/electrical code requirements. 5. Aquatic Environment.It shall be demonstrated by a certified riparian biologist or similar applicable professional that aquatic and riparian biology will not be adversely impacted by the system. Systems in place in fish bearing streams must have systems installed which prevent fish from entering the system. 6. Environmental Concerns.Must be in compliance with Federal Energy Regulation Commission 4.30(29)EPA Regulations,Colorado Division of Water Resources, Army Corps of Engineers,and other applicable standards. 7. Dams. Dams are not allowed for small hydroelectric systems.Partial diversion structures such as weirs or head gates are allowed with proper permitting.Diversion from the river/stream shall be designed so that minimum stream flows are not threatened in the reach between the intake and return of the hydroelectric system. Dd. Small Scale Wind Energy Systems. 1. Height.Maximum height of the tower'structure not including blade radius shall not exceed 80'. 3-44 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS 2. Setback.Minimum setback of tower base is 2 times tower height from any property line. Minimum setback from any habitable structure on the property is combined height of the tower and blade radius unless the base of the tower is attached or integral to the primary residence. 3. Ridgeline.Any construction must comply with ridgeline protection standards pursuant to Section 4-450 in ECLUR;with noise and vibration standards pursuant to Section 4-520 in ECLUR; as well as any applicable building/mechanical/electrical code requirements. 4. Lighting. Wind power equipment shall not be illuminated unless required by FAA, create glare, and shall blend with the surrounding environment with integrated natural colors. Ee. Landscaping Storage Yard 1. Parking and Storage.A landscaping storage yard shall demonstrate adequate parking for employees working from the site. Employee parking shall be behind any structures on site and/or effectively screened. One parking space shall be required for each employee. Any heavy equipment, work vehicles,or machinery stored on the property would require demonstrated storage space inside a garage, shed, or other enclosure. Provide an itemized list of all equipment to be used on the property including any delivery vehicles. 2. Signs and Illumination. Signs, illumination,and other outdoor structures advertising the business shall not be permitted. 3. Patrons. Patrons shall not be served on the premises. 4. Sales. Sales of supplies,services,or products shall not be permitted on the premises. 5. Nuisance. The landscaping storage yard shall be in compliance with Noise and Vibration Standards(Section 4-520);Smoke and Particulate Standards(Section 4-530);Heat,Glare, Radiation and Electrical Interference Standards(Section 4-540); Storage of Hazardous and Non-Hazardous Materials Standards(Section 4-550)and Water Quality Standards(Section 4-560); and shall not operate or generate vehicle traffic in such a manner as to create a public nuisance or disturb neighbors. Hours of operation shall be restricted to daylight only, and may be further restricted if necessary. 6. Screening/fencing. A fencing and/or landscaping plan is required that demonstrates adequate visual screening from adjacent properties, applicable view corridors, and/or public roads and rights of way. In some cases wildlife fencing may be required to prevent deer and elk from causing damage to trees and/or plants on the property. 7. Scale. The use shall be in a scale that retains a rural character,and maximizes open space on the subject property. This shall be clearly reflected in the amount of materials, structures,and number of employees accessing the property. 8. Wildfire Hazard. In applicable wildfire hazard areas,building materials and storage of plant and tree materials shall be in compliance with Section 4-430 Development in Areas Subject to Wildfire Hazard Areas. 3-45 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS 9. Access. Legal access shall be established for the operation pursuant to Section 4-620.9. Where required, an access permit may be necessary for the proposed operation. Road Impact Fees may apply pursuant to Section 4-710. A plan for employees accessing the property and delivery of any materials onto the property must be included, including maximum number of deliveries allowed per month,time of deliveries,and vehicles making such deliveries to the subject property. 10. Performance Standards. The landscaping storage yard shall comply with Article 4,Division 4- 5,Commercial and Industrial Performance Standards of these land use regulations and shall not operate in such a manner as to create a public nuisance. Hours of operation shall be restricted to daylight only, and may be further restricted if necessary. Vehicles equipped with backup alarms shall incorporate new technology backup alarm systems. 11. Special Use Permit Renewal Process. The Special Use Permit for landscape storage yard shall be valid for a period of five years after its issuance. The Director of Community Development shall review the Special Use upon request by the applicant. If conformance with the above-referenced performance standards is demonstrated,the Special Use may be renewed for a period of five years. Ff. Marijuana Cultivation,Manufacturing or Testing(orig. 12/31/13) 1. Separation Requirements. Marijuana cultivation,manufacturing or testing in the Resource, Resource Limited and Agricultural Residential zone districts shall meet the following separation requirements at time of their establishment: a. Marijuana cultivation,manufacturing or testing are prohibited from locating within 200 feet of: (1) Any residence located on adjacent properties,but excluding residential units that are located within the subject property; (2) Any drug or alcohol rehabilitation facility; (3) Any public community center or publicly owned or maintained building or facility open for use to the general public; (4) Any public school or private school; (5) Any public park,playground,boat ramp,or other similar recreational amenity open to the public;or (6) Any licensed child care facility. b. The 200 foot separation is measured in a direct line between the closest point of the agricultural building or customary accessory agricultural building within which the marijuana cultivation, manufacturing or testing use is located,and the closest point on the lot or parcel of land upon which any of the above itemized uses are located. In the instance where 50%or more of a freestanding agricultural building or customary accessory agricultural building is located outside of the 200 foot separation area then the entire building shall be deemed compliant with the 200 foot separation requirement. c. Marijuana cultivation,manufacturing or testing shall not be allowed as a home occupation or 3-46 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS home business as defined within Chapter 2,Article 2,Definitions of these Land Use Regulations. d. A marijuana cultivation,manufacturing or testing use lawfully operating is not rendered in violation of these Land Use Regulations by the subsequent location of any sensitive use as delineated in Section 3-310.I.a., above. 2. Minimum Lot Size.Each lot proposed for use in the cultivation,manufacturing or testing of marijuana products shall contain the minimum acreage required for the zone district in which the use is proposed. 3. Parking and Storage.Any application for marijuana cultivation,manufacturing or testing shall include demonstration of adequate parking for employees working from the site. Employee parking shall be effectively screened. One parking space shall be required for each employee unless the applicant successfully demonstrates that shared parking and/or other parking mitigation measures are appropriate for the site and proposed use(s). Any heavy equipment,work vehicles, or machinery stored on the property may require demonstrated storage space inside a garage, shed, or other enclosure.Additional parking may be required and shall be addressed within the special use permit on a case-by-case basis at the discretion of the Planning Director. 4. Signs and Illumination.No signs advertising the special use shall be permitted on the property. Residential property identification signs shall comply with the provisions of Division 4-3, Sign Regulations,Eagle County Land Use Regulations. 5. Sales.Retail sales of supplies, services, or products shall not be permitted on the premises. 6. Visual Screening. A fencing and/or landscaping plan may be required depending on the proximity of the proposed cultivation,manufacturing or testing uses to neighboring properties or public rights of way. Such plan shall demonstrate adequate visual screening of outdoor storage areas,cultivation, manufacturing or testing operations,from adjacent properties, applicable view corridors,and/or public roads and rights of way. 7. Scale. The use and layout of the subject property shall be at a scale that retains a rural character of the immediate vicinity,and which maximizes open space on the subject property. This shall be clearly reflected in the amount and size of structures proposed on the subject property,as well as the number of employees accessing the property. 8. Adequate Water.Demonstration that the subject property and use(s)proposed will be provided legal,physical,adequate and dependable water shall be provided at the time of application. 9. Wildfire Hazard. In applicable wildfire hazard areas,building materials and plans,storage of materials, and/or landscaping plans shall be in compliance with Section 4-430 Development in Areas Subject to Wildfire Hazard Areas. 10. Access. Legal access shall be established for the cultivation,manufacturing or testing operation pursuant to Section 4-620.9. Where required,an access permit may be necessary for the proposed special use(s). Road Impact Fees may apply pursuant to Section 4-710. A plan for employees accessing the property and delivery of any materials onto the property must be included,including maximum number of 3-47 ARTICLE 3. ZONE DISTRICTS TABLE OF CONTENTS deliveries allowed per month,time of deliveries, and vehicles making such deliveries to the subject property. 11. Odor Mitigation Plan.The applicant shall demonstrate compliance with Eagle County Marijuana Business license, as may be amended from time to time. Specifically,the applicant may be required to provide an Odor Mitigation Plan and/or report detailing the effective mitigation of any odors of the proposed use(s)or the mitigation and rectification of any past odors reported from cultivation, manufacturing or testing activities on the subject property. Such report shall include proof that the design for the purification of air and odor shall have been either prepared or approved by a professional licensed mechanical engineer to the standards contained in the Local Regulations requiring proper ventilation systems so that odors are filtered and do not materially interfere with adjoining properties. 12. Security.The special use permit shall comply with any and all applicable State rules and regulations for on-site security. Gg. Telecommunication Facilities 1. These regulations implement Section 6409(a)of the Middle Class Tax Relief and Job Creation Act of 2012 ["Spectrum Act"],as interpreted by the Federal Communications Commission's ["FCC"or "Commission"] Acceleration of Broadband Deployment Report&Order,adopted October 17, 2014, which requires a state or local government to approve any Eligible Facilities Request for a modification of an existing Tower or Base Station that does not substantially change the physical dimensions of such Tower or Base Station. 2. Definitions unique to Telecommunication Facilities: Base Station. A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. Base Station includes, without limitation: a. Equipment associated with wireless communications services such as private, broadcast,and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. b. Radio transceivers,antennas,coaxial or fiber-optic cable,regular and backup power supplies, and comparable equipment,regardless of technological configuration [including Distributed Antenna Systems ["DAS"] and small-cell networks]. c. Any structure other than a tower that,at the time the relevant application is filed with Eagle County under this section, supports or houses equipment described in G.2.a and b, above,that has been reviewed and approved under the applicable zoning or siting process,or under another State or local regulatory review process,even if the structure was not built for the sole or primary purpose of providing that support. Collocation. The mounting or installation of Transmission Equipment on an Eligible Support Structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. Eligible Facilities Request. Any request for modification of an Existing Tower or Base Station that does not Substantially Change the physical dimensions of such Tower or Base Station, involving: a. Collocation of new Transmission Equipment; 3-48 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS b. Removal of Transmission Equipment; or c. Replacement of Transmission Equipment. Eligible Support Structures. Any Tower or Base Station as defined in this section,provided that it is Existing at the time the relevant application is filed with Eagle County under this section. Existing. A constructed Tower or Base Station is Existing for purposes of this section if it has been reviewed and approved under the applicable zoning or siting process,or under another State or local regulatory review process,provided that a Tower that has not been reviewed and approved because it was not in a zoned area when it was built,but was lawfully constructed,is Existing for purposes of this section. Personal Wireless Services. Commercial mobile services,unlicensed wireless services,and common carrier wireless exchange access services. Personal Wireless Service Facilities. Facilities for the provision of personal wireless services. Site. For Towers other than Towers in the public rights-of-way,the current boundaries of the leased or owned property surrounding the Tower and any access or utility easements currently related to the site. For Towers in the public right-of-way,a Site is further restricted to that area comprising the base of the structure and to other Transmission Equipment already deployed on the ground. For other Eligible Support Structures,a Site is further restricted to that area in proximity to the structure and to other Transmission Equipment already deployed on the ground. Substantial Change. A modification substantially changes the physical dimensions of an Eligible Support Structure if it meets any of the following criteria: a. For Towers other than Towers in the public rights-of-way, it increases the height of the Tower by more than 10%or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty(20)feet,whichever is greater;for other Eligible Support Structures, it increases the height of the structure by more than 10%or more than ten(10)feet,whichever is greater. Changes in height should be measured from the original support structure in cases where the deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the Tower or Base Station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passing of the Spectrum Act. b. For Towers other than Towers in the public rights-of-way, it involves adding an appurtenance to the body of the Tower that would protrude from the edge of the tower more than twenty(20)feet,or more than the width of the Tower structure at the level of the appurtenance,whichever is greater;for other Eligible Support Structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six(6)feet; c. For any Eligible Support Structure,it involves installation of more than the standard number of new equipment cabinets for the technology involved,but not to exceed four cabinets; or,for Towers in the public rights-of-way and Base Stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure,or else involves installation of ground cabinets that are more than 10%larger in height or overall volume than any other ground cabinets associated with the structure; d. It entails any excavation or deployment outside the current Site; e. It would defeat the concealment elements of the Eligible Support Structure; or 3-49 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS f. It does not comply with conditions associated with the siting approval of the construction or modification of the Eligible Support Structure or Base Station equipment,provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in Section G.2.a through d of this definition of Substantial Change. Transmission Equipment. Equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including,but not limited to,radio transceivers,antennas,coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including,but not limited to,private broadcast,and public safety services,as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. Tolling. To delay, suspend or hold off the effect of the shot clock for the review of the telecommunication application. Tower. Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including,but not limited to,private,broadcast, and public safety services,as well as unlicensed wireless services and fixed wireless services such as microwave backhaul,and the associated site. 3. Application Review Procedures: a. Application. When an applicant states in writing that a request for modification is covered by this regulation,Eagle County shall prepare and make publicly available an application form which shall be limited to the information necessary for Eagle County to consider whether an application is an Eligible Facilities Request. The application may not require the applicant to demonstrate a need or business case for the proposed modification. b. Type of Review. Upon receipt of an application for an Eligible Facilities Request pursuant to this regulation,the Planning Department shall review such application to determine whether the application so qualifies. c. Timeframe for Review. Within sixty(60)days of the date on which an applicant submits an application seeking approval under this regulation,Eagle County shall approve the application unless it determines that the application is not covered by this regulation. d. Conditional Approval. Eagle County may require a covered Eligible Facility request to comply with generally applicable building, structural,electrical,and safety codes or with other laws codifying objective standards reasonably related to health and safety, and Eagle County may condition approval on such compliance. In particular,Eagle County may require compliance with generally applicable health and safety requirements on the placement and operation of backup power sources, including noise ordinances,if any. In addition,Eligible Facility requests must still comply with any relevant Federal requirements, including any applicable Commission,FAA,NEPA or Section 106 requirements. e. Tolling of the Timeframe for Review. The sixty(60)-day review period begins to run when the application is filed, and may be tolled only by mutual agreement of Eagle County and the applicant,or in cases where the Planning Department determines that the application is incomplete. The timeframe for review is not tolled by a moratorium on the review of applications. 1) To toll the timeframe for incompleteness,Eagle County must provide written notice to the applicant within 30 days of receipt of the application specifically delineating all missing documents or information required in the application. Such delineated information is limited to documents or information meeting the standard under paragraph 3 a.of this section. 3-50 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS 2) The timeframe for review begins running again when the applicant makes a supplemental submission in response to Eagle County's notice of incompleteness. 3) Following a supplemental submission,Eagle County will notify the applicant within ten(10)days if the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in paragraph e. of this section. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness. f. Interaction with Section 332(c)(7)of the Telecommunications Act(47 U.S.C. Sec 332(c)(7)). If Eagle County determines that the applicant's request is not covered by Section 6409(a)as delineated under this regulation,the presumptively reasonable timeframes under Section 332(c)(7)of the Telecommunications Act will begin to run from the issuance of Eagle County's decision that the application is not a covered request and the applicant must apply for a Special Use Permit. To the extent such information is necessary,Eagle County may request additional information from the applicant to evaluate the application under Section 332(c)(7),pursuant to the limitations applicable to other Section 332(c)(7)reviews. g. Failure to Act. In the event that Eagle County fails to approve or deny a request seeking approval under this regulation within the timeframe for review(accounting for any tolling),the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the applicable reviewing authority in writing after the review period has expired(accounting for any tolling)that the application has been deemed granted. Eagle County may challenge an applicant's written assertion of a "deemed granted"in any court of competent jurisdiction when it believes the underlying application did not meet the criteria in Section 6409(a)for mandatory approval,would not comply with applicable building codes or other non-discretionary structural and safety codes, or for other reasons the application is not appropriately"deemed granted". h. Remedies. Applicants and Eagle County may bring claims related to Section 6409(a)to any court of competent jurisdiction. SECTION 3-320. COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE SCHEDULE Table 3-320, "Commercial and Industrial Zone Districts Use Schedule",categorizes the uses that are applicable to the County's commercial and industrial zone districts. A. Symbols.Table 3-320 utilizes the same symbols as are described in Section 3-300,Residential, Agricultural and Resource Zone Districts Use Schedule. B. Uses Not Listed.Uses that are not listed in Table 3-320 shall be considered to be uses that are not allowed,unless one of the following occurs: 1. Regulations Amended.An amendment to these Land Use Regulations is adopted, pursuant to Section 5-230,Amendments to the Text of These Land Use Regulations or the Official Zone District 3-51 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS Map,that lists the use in the table and indicates in which zone districts the use is a use by right,allowed by limited review, or allowed by special review and in which zone districts it is not allowed. 2. Determination of Similar Use.The Planning Director determines,pursuant to Section 5-220, Interpretations,that the proposed use is sufficiently similar to a use listed in Table 3-320, "Commercial and Industrial Zone Districts Use Schedule". A use that is determined to be similar to a listed use shall be subject to the same standards as the use to which it was determined to be similar. TABLE 3-320 COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE SCHEDULE Uses:R=Use By Right;L=Allowed by Limited Review; C/L1 C/G1 Il RC2 Standards S=Allowed by Special Review;N=Not Allowed Retail Uses,Restaurants,Personal Services and Offices • Adult Entertainment Uses N S S S Sec.3-330 H Agricultural Equipment,Supplies and Materials Store L R R L Appliance Sales R R NR Appliance Service or Repair L R N S Art Gallery R R NR Auto Service Station and Repair Garage3 S S R S Auto and Vehicle Parts Store R R NR Bank R R NR Barber or Beauty Shop R R NR Book,Music or Video Store R R NR Car Wash R R RL Clothing or Dry Goods Store R R NR Computer Sales Store R R NR Computer Service R R RR Drive-Through Facility S S N S Sec.3-330 A Farmers Market R R S R Feed Store R R NR 3-52 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS Food or Beverage Store or Bakery R R NR Furniture Store R R NR Garden Supply and Plant Materials Store/Greenhouse/Nursery R R RR Sec.3-330 B Tree Storage R R RR Sec.3-310 Aa Hardware Store R R NR Indoor Amusement,Recreation or Theater R R NR Kennel S S SS R R NR Laundromat R R NR Laundry or Dry Cleaning Pick-Up Station TABLE 3-320 COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE SCHEDULE Uses:R=Use By Right;L=Allowed by Limited Review; C/L1 C/G' Il RC2 Standards S=Allowed by Special Review;N=Not Allowed Medical or Dental Clinic,including acupuncture R R NR Medical and Retail Marijuana Businesses(am. 12/31/13) R R NN Sec.3-330 I Marijuana Social Club or Lounge(orig. 12/31/13) N N NN Mortuary R R NR Nightclub,Bar or Tavern L L RL Office,Business or Professional R R NR Personal Adornment/Tattoo Parlor R R NR Pharmacy R R NR Photography Studio R R NR Print Shop or Publishing R R N R Private Club R R NR Reading Room R R NR Resort Recreational Facility NNNS 3-53 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS Restaurant R R NR Shoe Repair R R NR Studio for Conduct of Arts and Crafts R R S R Sec.3-330 C Tailor Shop R R NR Vehicle,Aircraft and Pleasure Boat Rental S S R S Sec.3-330 D Vehicle,Aircraft and Pleasure Boat Sales,Storage,Service or Repair N S R N Veterinary Hospital S S S S Industrial,Service-Commercial and Wholesale Uses4 Assembly,which does not include any fabrication of parts R R RR Auto Wrecking N N S N Commercial Laundry or Dry Cleaning Plant S R R N Compost Facility N N S N Construction and Demolition Debris Facility N S S S Contractor Storage Yard N S R S Distribution Center S S R S TABLE 3-320 COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE SCHEDULE Uses:R=Use By Right;L=Allowed by Limited Review; CL1 CG' I' RC2 S=Allowed by Special Review;-N=Not Allowed Extraction and Processing of gravel,minerals,rocks,sand or other earth N N S N products Junkyard S S S S Lumber Mill N N S N Lumber Yard N S R N Manufacture,Assembly or Preparation of Articles or Merchandise From N S R N Sec.3-330 E Previously Prepared Materials Manufacture,Compounding,Processing,Packaging or Treatment of Products N N LN Sec.3-330 F 3-54 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS Manufacture,use or storage of explosives N N S N Motor Freight Depot N S R N Planer Mill N N S N Plant for Processing Natural Resources and Agricultural Materials N S5 S N Recycling Collection or Drop Off Center R R R R Recyclable Materials Processing S S S S Recycling Operation S S R S Reduction or Disposal by Sanitary Landfill Method of waste materials, N N S N garbage,offal or dead animals;or refuse disposal area conducted under a landfill or sanitary landfill method Saw Mill N N S N Shop for Blacksmith,Cabinet Maker,Electrician Glazing,Machining, N S R N Plumbing,or Sheet Metal Telecommunication Facilities S S S S Sec.3-310 Gg Telecommunication Facility Modification L L L L Sec.3-310 Gg Transfer Station S S R S Truck Stop N S R S Warehouse or Storage Building,including mini-storage S L R N Wholesale Establishments,including sale of appliances,automotive and S S R S vehicular equipment,beverages,building materials,clothing,dry goods,feed, food,fuel,furniture,garden supply and plant materials,hardware and mobile homes Residential Uses,Home Uses and Accommodations Day Care Center L S S L Sec.3-310 D Day Care Home L L N L Sec.3-310 D Dwelling Units S S N S Sec. 3-330 G Hotel or Motel S S N S Mobile Home Park S S N S Sec.3-310 Y 3-55 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS Nursing or Convalescent Home S S N S Recreational Vehicle Park S N N S Sec.3-310 Y Public Facilities,Utilities and Institutional Uses Ambulance Facility R R R R Auditorium S N N S Church S S N S Community or Public Administration Building S S N S Concentrated Solar Device N N NN Educational Facility S S N S Fraternal Lodge R R NR Heliport S S S S Helistop L R R L Hospital S S N S Impound Lot N S S N Library R R NR Museum R R NR Open space or Greenbelt R R RR Park and Outdoor Recreation/Recreation Facilities R R S R Parking Lot or Garage(as the principal use of the parcel) S S S S Post Office/Private Postal Facility R R S R Recycling Collection Center R R RR Small Hydro Electric Energy S S S S Sec.3-310 Cc Solar Farm over 10-kw S S S S Sec.3-310 Bb Structure-integrated or Ancillary Ground-Mounted Solar Energy System R R RR Sec.3-310 Bb Transportation Services S S S S Utilities,including water storage and treatment and wastewater treatment 3-56 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS facilities S S S S Utility Distribution Facilities R R R R Utility Substation S S S S Water Impoundments S S S S Wind Energy Systems-Small Scale S S R S Sec.3-310 Dd Wind Energy Systems-Large Scale N N S N Temporary Uses Temporary Building or Use Sec.3-310 W S S S S Notes: 1.Each allowed use shall not exceed 22,000 s.f of floor area and shall only occur on a lot greater than one(1)acre in size. Any use by right that meets these standards may only be developed on a lot that was part of a subdivision approved by Eagle County for which site specific information was provided regarding lot layout,street pattern,drainage,landscaping and utilities;otherwise,the use shall be considered a use allowed by special review. 2.Any use listed in Table 3-300 as a use by right in the Residential Suburban Medium Density(RSM)zone district shall be considered a use by right in the Rural Center(RC)zone district. Any use listed in Table 3-300 as a use allowed by special review in the Residential Suburban Medium Density(RSM)zone district shall be considered a use allowed by special review in the Rural Center(RC)zone district. 3.Auto service station may also include a car wash. 4.In addition to the standards listed for particular uses,see also Article 4,Division 5,Commercial/Industrial Performance Standards. 5.Limited to processing of natural resources and agricultural materials for food and beverages or clothing. (am 12/17/02)(am 09/11/07)(am 07/01/2011)(am 12/31/13) 3-57 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS SECTION 3-330. REVIEW STANDARDS APPLICABLE TO PARTICULAR COMMERCIAL AND INDUSTRIAL USES Certain uses are important to the County's character and functions,but may not be appropriate in all circumstances within a particular zone district. Such uses cannot be judged solely by standards common to all uses in the zone district or by the standards applicable to all uses that are allowed by review. They also require individualized standards to review their location, site plan,operating characteristics, intensity and similar factors. Those uses in the County's commercial or industrial zone districts that require such additional standards are identified in the "Standards" column of Table 3-320, "Commercial and Industrial Zone Districts Use Schedule". The standards for each of these uses are established herein. The definitions of these uses are found in Section 2-110,Definitions. The following uses are addressed in this section: A. Drive-in Facility B. Garden and Plant Materials Store C. Studio for Arts and Crafts D. Vehicle,Aircraft and Pleasure Boat Rental E. Manufacture,Assembly or Preparation of Articles or Merchandise from Previously Prepared Materials F. Manufacture, Compounding,Processing,Packaging or Treatment of Products G. Dwelling Units H. Adult Entertainment Use I. Medical and Retail Marijuana Businesses (am. 12/31/13) J. Solar Energy Systems A. Drive-through Facility. 1. Circulation. Drive-through lanes shall provide a minimum of five(5)stacking spaces per drive up window or counter,which shall be separated from circulation areas required to enter, exit or circulate through the property. Drive-through lanes shall be marked by striping,pavement markings or barriers. 2. Minimize Impacts.Drive-through lanes shall be designed, located and operated to minimize impacts on adjoining properties. a. Screen. A fence,wall or other opaque screen that is a minimum of six(6)feet in height shall be provided on all sides of the drive-in facility that are located adjacent to property that is zoned for or used for residential purposes. B. Garden Supply and Plant Materials Store.All activity associated with a garden supply and plant materials store shall be conducted within a building,provided that plants may be stored and sold outside,within a confined area that is appropriately fenced or screened. Plant materials may be used for outside screening purposes. C. Studio for Conduct of Arts and Crafts. All activity associated with a studio for the conduct of arts and crafts shall be conducted within a building. 3-58 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS D. Vehicle,Aircraft and Pleasure Boat Rental.In the Commercial Limited(C/L)zone district, rentals shall be limited to vehicles only and shall exclude aircraft and pleasure boats. E. Manufacture,Assembly or Preparation of Articles or Merchandise from Previously Prepared Materials.Manufacture, assembly or preparation activities shall be limited to only the prepared materials listed in Table 3-330 E.,List of Prepared Materials. TABLE 3-330 E. LIST OF PREPARED MATERIALS 1. Aluminum; 12. Hair; 21. Rubber; 2. Bone; 13. Horn; 22. Shell; 3. Canvas; 14. Iron; 23. Steel; 4. Cellophane; 15. Lacquer; 24. Textiles; 5. Cloth; 16. Leather; 25. Tin; 6. Cork; 17. Paint;' 26. Tobacco; 7. Feathers; 18. Paper; 27. Wax; 8. Felt; 19. Plastic; 28. Wire; 9. Fiber; 20. Precious or 29. Wood;2 10. Fur; semiprecious metals or stones; 30. Yarn. 11. Glass; Notes: 1. Painting shall not employ a boiling process. 2. Excluding saw mill,lumber mill,planning mill,and molding plant. F. Manufacture, Compounding,Processing,Packaging or Treatment of Products. 1. Limitations. Manufacture,compounding,processing,packaging or treatment shall be limited to items such as bakery goods,candy, cosmetics,dairy products, drugs,meat,perfumed toilet soap, perfumes,pharmaceuticals and toiletries. 2. Exclusion.Manufacture, compounding,processing,packaging or treatment shall specifically exclude the rendering of fats and oils,fish and meat slaughtering and fermented foods,such as sauerkraut, vinegar or yeast. G. Dwellings Units.Via Special Use Review, in the Commercial-Limited and Commercial-General Zone Districts,mixed-use commercial and residential development may be approved.The appropriate ratio of residential use to commercial use will be reviewed on a case-by-case basis subject to the standards established for Special Use Review. (am. 07/26/2011) H. Adult Entertainment Use. An adult entertainment Use shall not operate within 500 feet from any of the following preexisting uses: a single family residence,a multi-family residence,a duplex residence,a school or a church. 3-59 ARTICLE 3. ZONE DISTRICTS TABLE OF CONTENTS 1. Operating Hours. Adult entertainment uses shall be open only from the hours of 6:00 p.m.to 1:00 a.m., except that an Adult Bookstore is not required to limit its operating hours. 2. Age Limitation. No one under 21 years of age shall be admitted to any establishment providing an adult entertainment use. This minimum age limitation also applies to any employees,agents, servants or independent contractors working on the premises during hours when nude entertainment is being presented. 3. School Defined. For purpose of this section,"school"means any private or public educational institution primarily providing instruction to students 18 years of age and younger, including,but not limited to,pre-schools,kindergartens,elementary,middle and high schools. I. Medical and Retail Marijuana Businesses. (orig.2/23/2010) (am 07/01/2011) (am 12/31/13) 1. Location. Medical and Retail Marijuana Businesses shall meet the following location requirements at time of their establishment: a. Medical and Retail Marijuana Businesses are prohibited from locating within 200 feet of: (1) Any residence; excluding residential units that are located within mixed-use commercial/residential developments and free-standing residences located within the Commercial General or Commercial Limited zone districts, (2) Any drug or alcohol rehabilitation facility; (3) Any public community center or publicly owned or maintained building open for use to the general public; (4) Any public school or private school; (5) Any public park, playground,boat ramp, or other similar recreational amenity open to the public;or (6) Any licensed child care facility. b. Retail Marijuana Businesses are further prohibited from locating within 500 feet of: (1) Any public or private high school. c. The 200 or 500 foot separation is measured in a direct line between the closest point of the building or unit, in the case of multi-tenant commercial or industrial buildings,within which the Medical and/or Retail Marijuana Business establishment is located,and the closest point on the lot or parcel of land upon which any of the above itemized uses are located. In the instance where.50%or more of a freestanding commercial building where the Medical Marijuana and/or Retail Marijuana Business is located outside of the 200 or 500 foot separation area then the entire building shall be deemed compliant with the 200 or 500 foot separation requirement. d. Medical and/or Retail Marijuana Businesses shall not be allowed as a home occupation or home business as defined within Chapter 2,Article 2,Definitions of these Land Use Regulations. 2. Requirements. All Medical and/or Retail Marijuana Businesses shall meet the following requirements at all times: 3-60 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS a. Have an active, up to date State of Colorado sales tax number which shall be provided to the County. b. All products and accessories shall be stored within a completely enclosed,alarmed, and secure building at all times. Products,accessories, and associated paraphernalia shall not be visible from a public sidewalk or right-of-way c. The consumption or inhalation of marijuana on or within the premises of a Medical and/or Retail Marijuana Business is prohibited. d. The sale or consumption of alcohol on the Medical and/or Retail Marijuana Business premises is prohibited. e. The premises satisfy all applicable Building Codes and Fire Codes and are equipped with a proper ventilation system so that odors are filtered and do not materially interfere with adjoining businesses. f. All transactions,including the growing,processing and/or manufacture of Medical and/or Retail Marijuana products, shall occur indoors and out of view from the outside of the building in which the medical and/or retail marijuana products are grown,processed and sold. g. Exterior signage on a Medical and/or Retail Marijuana Business may indicate that marijuana may be in the store; however,all exterior signage shall be approved through the Sign Permit process and must comply with Chapter 2,Article 4,Division 4-3., Sign Regulations of these land use regulations. b. A Medical and/or Retail Marijuana Business lawfully operating is not rendered in violation of these Land Use Regulations by the subsequent location of any sensitive use as delineated in Section 3- 330.I.1.a, above. i. Each Medical and/or Retail Marijuana Business shall be operated from a fixed location. No Medical and/or Retail Marijuana Business shall be permitted to operate from a moveable,mobile or transitory location. Deliveries of medical and/or retail marijuana products may be delivered only by properly registered Primary Care-givers to homebound patients as that term is defined by the State of Colorado and subject to all local and State licensing requirements for such home deliveries. j. A Medical and/or Retail Marijuana Business shall not open earlier than 9:00 a.m. and shall close no later than 7:00 p.m. the same day. A Medical and/or Retail Marijuana Business may be open seven days a week. k. There shall be posted in a conspicuous location in each Medical and/or Retail Marijuana Business a legible sign containing the following warnings: (1) A warning that the diversion of marijuana for non-medical purposes is a violation of state law; (2) A warning that the use of medical and/or retail marijuana may impair a person's ability to drive a motor vehicle or operate machinery,and that it is illegal under state law to drive a motor vehicle or to 3-61 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS operate machinery when under the influence or impaired by marijuana; (3) A warning that loitering in or around the Medical and/or Retail Marijuana Business is prohibited by state law; and (4) A warning that possession and distribution of marijuana is a violation of federal law. I) Prior to operating,each Medical and/or Retail Marijuana Business shall obtain and comply with terms of all applicable local and State licensing. m) Commercial cultivation and production of medical and/or retail marijuana is expressly prohibited as a home occupation or home business as defined within Chapter 2,Article 2,Definitions,of these Land Use Regulations. n) The maximum amount of recreational marijuana that may be cultivated and produced in any residence,at any point in time, is three(3)ounces of a usable form of marijuana, and no more than eighteen(18)marijuana plants,with nine(9)or fewer being mature,flowering plants that are producing a usable form of marijuana regardless of the number of persons of twenty-one(21)years of age residing in such residence. Such collective limits shall in no way authorize or entitle a person to grow,maintain,or possess more than what they are legally allowed to do per Title 12,Article 43.4 of the Colorado Revised Statutes,as may be amended from time to time. o) For the purposes of this section of the land use regulations,residence shall be defined as the entire parcel of land or lot inclusive of any accessory dwelling units, accessory buildings,agricultural buildings, and garages as defined within Chapter 2,Article 2,Definitions of these Land Use Regulations,which are held in single ownership with the primary residence. p) Medical and/or Retail Marijuana Businesses are prohibited from locating inside any Planned Unit Development unless expressly allowed within the Planned Unit Development. 3. Severability. If any provision,clause,sentence or paragraph of this regulation or the application thereof to any person or circumstances shall be held invalid,such invalidity shall not affect the other provisions of these regulations which can be given effect without the invalid provision or application,and to this end the provisions of this regulation are declared to be severable. J. Solar Energy Systems. Solar Energy Systems able to convert radiant energy from the sun into clean renewable energy are generally encouraged in Eagle County. It is the goal of this section of the Land Use Regulations to allow for development of Solar Energy Systems while encouraging responsible design, and providing for appropriate public process when the scale, location,and/or design presents neighborhood,area, and/or community impacts. 1. Reflectivity. All Solar Energy Systems shall incorporate anti-reflectivity coating provided by the manufacturer,as well as non-reflective materials for racking, structural,and/or other associated equipment. Concentrated solar devices are prohibited. 3-62 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS 2. Setbacks. All Solar Energy Systems shall comply with dimensional limitations articulated Table 3-340,including height, setback, and lot coverage. 3. Structure-Integrated Solar Energy System. A Structure-Integrated Solar Energy System shall be allowed as a use by right regardless of production capacity. Such systems shall be incidental to the primary use of the structure and subject property,and are encouraged to be flush with the roof/top and/or wall,architecturally integrated, and utilize anti-reflective materials. 4. Ground-Mounted Solar Energy Systems. a. Ancillary Ground-Mounted Solar Energy Systems. Ancillary Ground-Mounted Solar Energy Systems 15-feet or less in height measured from the highest point of the improvement to existing or finished grade,whichever is more restrictive; shall be allowed as a use by right. b. Solar Farm. Solar farms over 10-kw rated nameplate capacity or equivalent in zone districts articulated in Table 3-320 shall complete a Special Use Review and approval pursuant to Section 5-250 and Standards identified below in Section 3-330 J.5. 5. Standards. The following standards shall apply to Solar Energy Systems completing special use review in addition to the standards specified pursuant to Section 5-250 Special Use: a. Setbacks. All Solar Energy Systems must comply with required height and setback requirements as defined in Table 3-340: Schedule of Dimensional Limitations. b. Design minimizes adverse visual impact. The project applicant shall demonstrate through visual impact analysis,materials,and/or screening to the extent practicable,that the project will not create adverse visual impact to neighboring properties, surrounding areas,and community buffers as further detail necessary to support Section 5-250.B.4 Design Minimizes Adverse Impact. c. Utility grid interconnection. The project applicant shall provide to the County the system design and interconnection to the grid; and evidence such design has been accepted or approved by the associated utility provider. d. Longevity and reclamation. The project applicant shall identify the proposed timeline for its use,and shall submit a reclamation plan specifying the reclamation of the project site which will occur upon termination of use. 3-63 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS SECTION 3-340. ZONE DISTRICT DIMENSIONAL LIMITATIONS A. Schedule of Dimensional Limitations.Table 3-340, "Schedule of Dimensional Limitations," specifies the dimensional limitations applicable to development in the County's residential,agricultural, resource,commercial and industrial zone districts. All development shall comply with these limitations, unless more restrictive standards or limitations are specified by these Land Use Regulations, in the form of: 1. Standards for a Particular Use. Standards specified for a particular use in Section 3-310, Review Standards Applicable to Particular Residential,Agricultural and Resource Uses,or Section 3-330, Review Standards Applicable to Particular Commercial and Industrial Uses; 2. Standards of a PUD Zone District. Standards specified by an approved planned unit development(PUD); or 3. Other Standards.Other standards specified by these Land Use Regulations, such as any applicable limitations for development on steep or unstable slopes. B. Dual Use of Required Areas.A lot area,yard or open space area that is required by these Land Use Regulations for a use shall not also be a required lot area,yard or open space area for another use. C. Special Provisions for Yards and/or Common Areas.The following requirements shall be observed in all zone districts: (am. 5/16/06) 1. Through Lots.On lots extending from one(1)street to another paralleling street,the street from which access is obtained shall be considered the front street for purposes of calculating front yard setbacks. If a use obtains access from both streets,then both streets shall be considered front streets for purposes of calculating front yard setbacks. 2. Corner Lots. On lots bordered on two(2)contiguous sides by streets,the required front yard setback shall be observed along both sides. 3. Projections.Every part of a required yard shall be unobstructed from ground level to the sky except for permitted projections of architectural features, as follows: a. Patios,Walks, Steps and Portable Play Equipment.Patios,walks, at-grade steps and portable play equipment may project into a required yard without restriction. b. Fire Escapes and Individual Balconies.Fire escapes and individual balconies not used as passageways may project eighteen(18)inches into any required side yard or four(4)feet into any required front or rear yard. c. Roof Overhangs,Stairways and Decks.Roof overhangs, stairways and decks greater than thirty (30)inches in height may project eighteen(18)inches into any required front, side or rear yard. Decks that are less than thirty(30)inches in height may project into any required front, side or rear yard without limitation. (am 9/27/99) 3-64 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS d. Satellite Dishes. Satellite dishes that are no more than three(3)feet in diameter may be located within a required yard. Any satellite dish with a diameter greater than three(3)feet shall be located so as to comply with the setback requirements of the underlying zone district. 4. Fence,Hedge,Wall or Berm.A fence,hedge, or wall or earthen berm may be located in any required yard or common area,provided that the fence,hedge,wall,berm,or any combination of fences, walls and berms shall not exceed eight(8)feet in height(as measured from natural grade at any point on the side of the berm that faces an adjacent property), or 150 feet in length in a required side yard,rear yard or common area,nor shall it exceed three(3)feet in height or 150 feet in length in any required front yard. Exception is provided for properties in the Commercial Limited(CL), Commercial General(CG), Industrial(I),Rural Center(RC)and Resource(R)zone districts,where an eight(8)foot fence,hedge, wall,earthen berm or combination of fences,walls and berms may be located in all yards(front,side, and rear)and common areas. Proposals for earthen berms that exceed the dimensional limitations stated herein 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 from the Board of County Commissioners, as provided in Section 4-230.B.15,Approval Process for Large Landscape Berms,prior to construction. The installation and design of earthen berms shall further conform to those processes and standards listed in Section 4-230.B.14.,Landscaping Standards for Landscape Berms. (am. 5/16/06) 5. Survey. If a proposed building,or any part thereof, is to be situated within 18 inches from the setback line or a building envelope,the Planning Director may require a land survey plat shall be submitted prior to scheduling a framing inspection. (orig 03/12/02) 6. Stream Setbacks and Water Resource Protection. For the purpose of protecting water resources, including wetlands and riparian areas, the following shall be observed in all zone districts: a 75 foot strip of land measured horizontally from the high water mark on each side of any stream, or the 100 year floodplain, whichever provides the greater separation from the stream, shall be protected in its natural state. No grading or removal of vegetation may occur within the stream setback. If necessary to protect the stream, wetlands, or riparian areas, additional width may be required. PUD zoned areas shall also comply with this standard unless either granted a Variance by the Zoning Board of Adjustment or a variation has been granted by the Board of County Commissioners. There shall be no projections into either a 100 year floodplain or stream setback. (orig 03/12/02)(am. 07/17/06) Stream setbacks on lots located in PUD zoned areas shall comply with the stream setback as indicated by the PUD Guide. Where the PUD is silent to stream setbacks, buildings and improvements shall comply with the 75 foot setback requirement. Stream setbacks on lots with building envelopes platted prior to the effective date of these regulations shall be determined by platted building envelopes. Any improvements legally constructed as part of a special use permit or variance shall comply with the setback as approved through the issuance of the special use permit or variance. (orig. 07/17/06) a. Permissible Improvements or Activities. Certain improvements and or activities may be located within the stream setback as long as site disturbance is minimized to the greatest extent practical, including,but not limited to the following: improvements pursuant to a floodplain development permit; footpaths not exceeding 3 feet in width following a route which minimizes disturbance and formed of generally natural,pervious materials;public multi-use paths that are part of the public trail system or that are to be dedicated as public trails through the development review process;bridges that traverse the stream or a portion of the stream; fences; irrigation diversion structures;headgates,pump houses, hydroelectric wheelhouses and piping,and ditches;flood control and bank stabilization devices;the 3-65 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS removal of state-listed noxious weeds;the removal of dead or dying vegetation; and the removal of vegetation for wildfire mitigation. (orig. 07/17/06)(am. 09/11/07) Underground utilities may be located in such protected area provided there is no practical alternative location for such utilities, that the plans are approved by the County Commissioners as a Special Use, or as part of a Planned Unit Development, subdivision, or site specific development plan, and that all construction scars are revegetated with appropriate vegetation and sufficient temporary irrigation, if necessary. (orig. 07/17/06) b. Exceptions. The Planning Director or the Board of County Commissioners may approve a reduction of the stream setback to a minimum of 50 feet or the outer edge of the 100 year floodplain, whichever provides the greater separation from the stream through a Finding of No Significant Impact process. (1) Report Required. In order to be considered for an exception, the applicant must clearly demonstrate compliance with all the following criteria through the submittal of a report prepared by a resource biologist or other qualified professional. At the discretion of the Planning Director, the report may be referred to outside agencies for comment, including but not limited to the Eagle County Department of Environmental Heath, Colorado Geological Survey,the Colorado Division of Wildlife,the Army Corps of Engineers, or any other applicable agency. The report must specifically address all of the following: (orig. 07/17/06) (a) Water Quality. That the setback reduction will not degrade water quality of the stream or ground water. (orig. 07/17/06) (b) Erosion. That the setback reduction will not impact shoreline and stream banks, or cause erosion. (orig. 07/17/06) (c)Habitat.That the setback reduction will not degrade fish and wildlife habitat. (orig. 07/17/06) (d) Scenic and Recreational Values. That the setback reduction will not negatively impact scenic and recreational value associated with the stream. (orig. 07/17/06) (e) Alternative Design. That the proposal for improvements on the site results in a design that more adequately preserves unique characteristics of the site,protects public view sheds, enhances public recreational enjoyment of the stream, or creates a design that results in greater public benefit than would be created by adhering to the 75 foot setback. (orig. 07/17/06) (1) Other circumstances. That other circumstances prevent adherence to the 75 foot setback, including but not limited, to: lot depth, lot dimensions, existing development; lot topography. (orig. 07/17/06) (2) 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. (orig. 07/17/06) (a) Finding of No Significant Impact (FONSI). The Director of Community Development may determine that a Finding of No Significant Impact (FONSI) should be issued it is determined that all of 3-66 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS the above criteria has been met. In the instance that a FONSI is made, and upon expiration of the reconsideration period described below, the applicant may pursue a Building Permit for construction. (orig. 07/17/06) (b) Notice of Director's Determination of a FONSI. (orig. 07/17/06) (i) 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.(orig. 07/17/06) (ii) 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. (orig. 07/17/06) (c) Reconsideration of Director's Determination of a FONSI. (i) 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. (orig. 07/17/06) (ii) 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. (orig. 07/17/06) (iii). Reconsideration by the Board. If the Director determines that a Finding of No Significant Impact (FONSI) is not appropriate, and if the applicant subsequently challenges the Director's determination,the application will be forwarded to the Board of County Commissioners as an application for a Site Specific Development Plan. 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 approve, approve with conditions or disapprove of the proposed exception to the stream setback regulation. (orig.07/17/06). 3-67 et =on o0 in v, in in in in MN M M M M M a MU C y CQ inin in re, Vl in in X* N N N rin W L �(+A i. VO i.. — i... 4,:5) i-' O +i). YO • "ai. c -.Ii,-- O OO OO O O cs s. O O � sO �-'.LO O ) O a+.0 in a+Sin .0 v1 .s O `� W ♦+ W r. W a+ •W -.-+ •W a+ •W a.' N O 0 O 0 N O 0 Cl O O N O 0 Cl O 0 ` ' a0 ^C• '1 -- SaW LW.tW,LW.. W C W.t O on bn O bn bn O bo bn o on bn o on bnCA W 4. O on 'y - : •' - • -Q O O O s. . s.. . s.•a)•- s.•a)•- s.'a.0 E CA L+ ba.+0S 'b;; 5 c •. ' "d+. 0• am-o"O teS "O 2S "d ti),M"O O Cd ,o•,... d y•,, Cd y: ca y cd bn•-+ N' 'O N.;+ �,L �' -+ 0 : Li)=,. Li)'4.--. -O — . bh � teto O MAS• W ..+ W a+ W M+ W i. W a•+ C.I. ♦+ W S. aO i-, —Z L 'O� i.. +O L O L aOZPt Cd cii ': N +.AO OrQ) 0 03r N O O O O 0 0 O 4) � a-. ,t N ,t I) .L N 0.. N j t. , ,G, p Y— W aCi+ w W ++ W I, W I-. W ++ fi, O I, Q �N N O C N o LO ❑ NOC NOz NOQ 11 CC ra ,--1...0 -1... W,�- ' o W J" o ++ o '. .,.' .. ,r o +' o W . W,.0o W S: C.I.S: N E-+h ,.., 0 0 ti)!?.-.9 0 bn � 0 bnbn 0 bnbn obnOn obnbn Qn CI. O N � .•aci. y. s. ^.C $.. y•c s..•y.=• F.. ,0 CA ,11..0 0 Cd y. cd y. Cd y. cd y. cd y. cd y... Cd bn•,- N '3 N N N N O N O H .r ,t �• W r. W^ W ♦•. W 4, W a+ W a+ N^ VI N V] N^, VI ^ C/1 )4 .0 V msMt a= • N = MO = MO �r. ,= .4 . -a E" -a E" Q y .� � © a MdZo A i. . O • r os 0 o0 i00i00000 00 M C C = 0 in n In n In VI n in in in In .i-n 0 w N .j.;N , i.;N • •'N i.+N-' 00 WCA` L Obn :; N .+ y +; N . N a y ..+. N 'aN W +. CN y L.' O�"O 4.) ;,..4 N _ QN y ♦+ N y ♦+ N y M1+ N y b. ). . M FrEti' = L LV] yi.,...... i ••-).' N +'C/o 7. Y N ). ),-) N -,.) y Y N C/ s. aVs, +-' /] L. CL) 1. S. '�, Y +. ;' L I. 7.mo .Y.D.LO cd O d O d . d O d 2)-1 b C) ._, cd s o (.) d ) ) U d (7y .,2*: v N W t O--1 QO Qa O ¢ O'•70 Or�Ct a H7 ' ¢U U QUU U U a aCC C 0 C O O O Aa E� V O O O U g 4 o 4 0 0 0 0 '- • � w 0 z z N N 0 7 '� 7 a a 0 0 0 14 6) CC 'N-' O Nn 0 O 10 N trl O N O M O O O in CCI =• i... bA N bA N to N.-. bA N. 6).0 0 LL cd O M.cd ❑ O. Cd Q M. cd E E E X a:1 ¢ co ¢ ca ¢X as A cel U w Q 8 s. vi g H E 4" -- - � vUQW p 01y O k., vicd vy y p V. _o O O 00 ON C 03 ell =O O N , I O 4.1v U '1 0 z.44 o Lz a _l CC NA a a �4 Q Q `^ )o etTr) TS O •• 0o W in C in FyM y� N N M M .:t• M • U :.L1. N N N N N in in N N in N cn VI Y Y b O U Cl)a) N 44 Y N O Y cie _ O C _ C "CS v W,.= O W,..= O O on W O to to• v'i in v� �.0 1.. 0•-- s.•'0— O b N N•i N N U 4 co 4-441 ri4 E U, o_ sU,,to.� .11 •C ) C C N "k11 H- E- h Y 4 44 ;- O s, O o a) 0 N O ft F' a) .0 a) rj O '�•,t. O Y Y *4O NONOC 0 CQ."C W C O W .YC O E 6) O S).1)'10O oq do 0:4EM q E aU+J.-''C Y.SU-',"O kr, tel O C N N N N Q N U O N U VI Iefl• 0 • - ©- 00- A ©- oo- oo_ CD - en ,.� Z 0 � o v-1 C kn in v- In v, kr) kn Ln CS O U w:N :;N 0 :;N :;N :;N J N cT W M ;. ce :; a) Y a, N a) a) - a) — o .. a�J-�, I,1 a) y5. Y a) y Y a) y Y a) U Y a) y ....... a) y Y W O �i.'r }., _• N L V y U i.• a�'+ a) 7. A a) s. Y a) i,cu Y y M --• =� — Cjte,CA J] — C/] ,n Vl +L. Zn ,(/] - i-C/] - LCI) - i-,V] E ) ir�. 0'� .mo o._ al o- c o._. o- c o. at o-. _ Ao '�.� 000x08 008 $ •0) $ o 0x)) 8 ay8 X08 Q$ QU ¢U U QU ¢U ¢U ¢U Baa aea C C C C 0 0 00 Y Y Y Y W CZ It o c4 •E E •E O 0 0 CA ;T., z z z z N N 0 0C C C C O ,. \ 0O \ 'g\ O ;'O .a 4�)�/,t o O o 0 00 •po o °o 00 O0 M •ON H >xi; • E C a.cd C a.et C Ca CU I, C Cl • CD Z Z Z Z MI ¢ = ¢ as ¢X 01 ¢X oA ti a, iti h a 0 - 00 00 0 �0 �00 A w L-1 �C- �w q d i a ivi Z Ca �- 0 0 0 :,o ,o 0 0 0 C o 0 0 N • C ao) ct cs es et o v, p kn VI kn .n •a 0 tn c"-; - N M 00 cc-) l� [� l� 00 ¢ l� N W -a o �: .a p. U C7 U N -0,,,- C4 P: pa U U g ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS Notes: 1. Minimum lot area per use may be further restricted if an On-Site Wastewater Treatment System(OWTS)is proposed. For standards see Section 4-690,Sanitary Sewage Disposal Standards. (amd. 07-29-2014) 2. Maximum lot coverage and maximum floor area may be further restricted by other standards of these Regulations,including slope development standards. Provided no residential lot shall be so restricted by minimum lot area per use or maximum floor area ratio limitations that it cannot be occupied by a single-family dwelling containing no more than fifteen hundred(1,500)square feet of floor area. 3. Exceptions to the stream setback are subject to administrative review. Refer to SECTION 3-340.C.6. Stream Setbacks. (am.07/17/06) 4. Stacks,vents,cooling towers,elevator structures and similar mechanical building appurtenances and spires, domes,cupolas,towers,antennas intended as an accessory use,and similar non-inhabitable building appurtenances may exceed the maximum height limitations of the underlying zone district by not more than thirty(30)percent. The maximum allowable height for free-standing wireless telecommunication facilities,in all zone districts,shall be determined by the Board of County Commissioners on a case-by-case basis through the Special Use Review process,based upon line-of-site requirements,visual and environmental impacts and view shed analyses. (am 12/16/08) 5. A Fulford Parcel is two(2)or more continuous lots,under common ownership as of January 1, 1988,as recorded in the office of the Eagle County Clerk and Recorder.The interior lot lines of two(2)or more contiguous lots under common ownership shall not be used to determine setback requirements. 6. Floor area and setback limitations notwithstanding,a single ownership lot in existence as of January 1, 1988, and as recorded in the office of the Eagle County Clerk and Recorder,shall be permitted to contain a single-family residential unit containing up to one thousand(1,000)square feet of floor area,provided the maximum lot coverage of buildings shall not exceed twenty-five(25)percent of lot area. 7. Density shall not exceed twelve(12)dwelling units per acre of developable land. 8. Effective density may be reduced by other standards of these Regulations,including the slope development standards. 9. Minimum lot area may be reduced for a Cluster Development;see Section 3-310 B,Cluster Development. 10. A combination of compatible uses may be considered as a single use. 11. Or such smaller area as may have been legally created prior the adoption of subdivision regulations by Eagle County on April 6, 1964. 12. Accessory buildings,excluding garages,and unless otherwise approved through special use,shall not be larger than eight hundred-fifty(850)square feet. The floor area of the accessory building shall count toward the property's maximum floor area(if the accessory building contains habitable space)and lot coverage calculations. Its location shall comply with all applicable setback standards and it shall comply with the applicable height restrictions of the underlying zone district. (orig 03/12/02)(am 11/08/05) 3-70 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS SECTION 3-350 FLOODPLAIN OVERLAY ZONE DISTRICT (orig. 01/04/05) A. Applicability. The provisions and regulations of this section shall apply to all lands within the unincorporated area of Eagle County which are located within the Floodplain Overlay(FO)zone district. If a structure,lot, or other parcel of land lies partly within the FO zone district,the part of such structure, lot,or parcel lying within the district shall meet all requirements for the FO zone district. B. Liability. The degree of flood protection intended to be provided by this section has been determined to be reasonable for regulatory purposes and is based on engineering and scientific methods of study. Floods of greater magnitude may occur and flood heights may be increased by man-made or natural causes, such as ice jams and bridge or culvert openings restricted by debris. This zone district does not imply that the areas outside floodplain zone district or land uses permitted within such areas will be free from flooding or flood damages or that compliance with these regulations will prevent any or all damages from flooding. Nor shall this article create a liability on the part of,or a cause of action against, the County of Eagle or any officer or employee thereof for any flood damages that may result from reliance on this article or any administrative decision.This ordinance and the various parts thereof are hereby declared to be severable. Should any section of this ordinance be declared by the courts to be unconstitutional or invalid,such decision shall not affect the validity of the ordinance as a whole,or any portion thereof other than the section so declared to be unconstitutional or invalid. (am. 01/07/14) C. Designation of Floodplain Administrator. The Board of County Commissioners hereby designates the County Engineer or his/her designee as the Floodplain Administrator to assist in the implementation and administration of the FO zone district regulations. Duties of the Floodplain Administrator shall include the following: (am. 01/07/14) 1. Set Fees. Receive completed applications and set the fees associated therewith. 2. Review Applications. Review all permit applications to determine whether the requirements of the FO zone district have been satisfied and all necessary permits have been obtained from local, state,or federal agencies from which prior approval is required by law, including Section 404 of the Federal Water Pollution Control Act. 3. Set Base Flood Elevation(BFE). . When Base Flood Elevation data has not been provided in accordance with section 3-350 D,the Floodplain Administrator shall obtain,review and reasonably utilize any Base Flood Elevation data and Floodway data available from a Federal, State,or other source. (am. 01/07/14) 4. Maintain Lowest Floor Elevation Records. Obtain and maintain the actual elevation records and certificates of the lowest floor,including the basement, of all new or substantially improved structures, and,if the structure has been flood proofed,the elevation to which the structure was flood proofed; and certification by a Colorado Licensed Professional Engineer or Architect that the flood proofing methods for any non-residential structure meet the flood proofing criteria.(am. 01/07/14) 5. Maintain All Records. Maintain for public inspection all records pertaining to the provisions of the FO zone district including records of permits granted and records of all variance actions with justification for their issuance. Variances issued shall be reported on an annual basis to FEMA. (am. 01/07/14) 3-71 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS 6. Notify Communities and Agencies. Notify adjacent communities,potentially impacted communities and property owners,and the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA. (am. 01/07/14) 7. Determine if Development is in Floodway or Flood Fringe. Determine whether the site for a proposed development is located in a floodway,the flood fringe,or outside the floodplain pursuant to section 3-350 H of the FO zone district. 8. Approve Floodplain Development Permits. Review all permit applications which involve a use or structure enumerated in sections 3-350 F, 3-350 G and 3-350 H of the FO zone district and based thereon, either approve the application and grant a permit, or deny the application pursuant to section 3- 350 N. (am. 01/07/14) 9. Administer FO Zone Districts. Carry out other administrative duties in the implementation and administration of the FO zone district regulations as the Board of County Commissioners may from time to time delegate to the Floodplain Administrator. (am. 01/07/14) 10. Interpret Maps. Make interpretations where needed,as to the exact location of the boundaries of the FO zone district where there appears to be a conflict between a mapped boundary and actual field conditions based upon an engineering study by the applicant. 11. Make Recommendations to the Zoning Board of Adjustment. Review and transmit recommendations to the Zoning Board of Adjustment regarding requested variances and appeals pursuant to Section 5-260. 12. Make Recommendations on Amendments to the FO Zone District. Review floodplain reports approved by the Colorado Water Conservation Board and make recommendations to the Planning Commission and Board of County Commissioners regarding necessary amendments or additions to the FO zone district. 13. Development Inspections.Inspect all development at appropriate times during the period of construction to ensure compliance with all provisions of this ordinance,including proper elevation of the structure. (orig. 01/07/14) 14. Approve Certain Development that increase the Base Flood Elevation.Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations,the Floodplain Administrator may approve certain development in Zones Al-30,AE,AH, as shown on the FIRM which increases the water surface elevation of the base flood by more than one-half foot or zero feet for the Roaring Fork River,provided that an application is made for a conditional FIRM revision through FEMA (Conditional Letter of Map Revision),all conditions and requirements for such revisions are fulfilled as established under the provisions of Section 65.12 and receives FEMA approval. (orig. 01/07/14) 15. Flood Carrying Capacity.Ensure that the flood carrying capacity within any altered or relocated portion of any watercourse is maintained. (orig. 01/07/14) D. Official Floodplain Maps. The FO zone district is comprised of the Special Flood Hazard Area (or SFHA,formerly referred to as the"100 year floodplain")of the rivers and creeks in unincorporated Eagle County. (am 11/13/07) 3-72 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS 1. Designation of Official Maps. The following reports designate the location and boundaries of the FO zone district: a. A report entitled"Flood Insurance Study,Eagle County, Colorado and Incorporated Areas,"(FIS)effective December 4,2007,as prepared by FEMA,Flood Insurance Study Number "08037CV000A"which contains detailed flood hazard information for the Roaring Fork River,The Eagle River,Brush Creek, and Gore Creek and its tributaries. (am 11/13/07) b. Flood Insurance Rate Maps prepared by FEMA for Eagle County,last revised December 4,2007. (am 11/13/07) c. Floodplain Information Report of the Roaring Fork and Frying Pan Rivers,Eagle County, Colorado,prepared by Wright-McLaughlin Engineers and dated February, 1978. d. United States Department of the Interior, Geological Survey Maps of Flood-Prone areas for the Basalt Quadrangle,Edwards Quadrangle,Eagle Quadrangle,Gypsum Quadrangle,Minturn Quadrangle,and Wolcott Quadrangle dated 1974. e. Gore Creek Floodplain Information,Vail,Eagle County,Colorado,prepared by Hydro- Triad,Ltd.,and dated June, 1975. f. Flood Information Report,Roaring Fork River,Town of Basalt,Eagle and Pitkin Counties,Prepared by Matrix Design Group dated November 14,2001. g. Flood Information Report,Eagle and Colorado River,Eagle County, Colorado prepared by Matrix Design Group dated August 22, 2003. h. Digital FIRM(DFIRM)mapping available from FEMA's Map Service Center http://msc.fema.gov(orig. 11/13/07) i. Any further floodplain studies that have been approved by the Board of County Commissioners with the prior concurrence of the Colorado Water Conservation Board. 2. Adoption of Floodplain Maps. Maps officially adopted by the Board of County Commissioners as a part of the FO zone district may be amended in accordance with the procedures prescribed in Section 5-230,Amendments to the Text of These Land Use Regulations or the Official Zone Change Map. 3. Public Inspection of Maps. The Eagle County Engineering Department shall keep copies of the reports cited in Section 3-350 D.1 on file and open to public inspection. 4. Interpretation of Official Maps. Where interpretation is needed as to the exact location of the boundaries of the FO zone district,the Floodplain Administrator shall make the necessary interpretation by referring, as necessary,to the engineering study upon which the maps and elevations are based,to the professional engineers who prepared the study,to the Colorado Water Conservation Board,and/or the Federal Emergency Management Agency. The base flood elevations,as shown on the flood profiles and in the floodway tables of the Eagle County Flood Insurance Study as prepared by the Federal Emergency Management Agency, shall be the governing factor in determining accurate boundaries. 3-73 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS E. Division of the Floodplain Overlay Zone District. The FO zone district within the unincorporated territory of the County of Eagle subject to these regulations is hereby divided into the following areas. 1. Flood-prone area. The flood-prone area means an approximate area encompassing the area in and adjacent to a stream or other watercourse,which is subject to flooding as the result of a base flood, the water surface elevations of which have not been determined by detailed engineering study. Such area is equivalent to the"Special Flood Hazard Area(SFHA)"designated as any of the"Zone A's"on Flood Insurance Rate Maps(FIRM)or DFIRM and to"Flood-prone Areas"on U.S. Geological Survey Flood- prone Area Maps.(am 11/13/07) 2. Floodway. The floodway means the high hazard area and encompasses an area which includes the channel of a stream or other watercourse and any adjacent floodplain areas which are reasonably required to carry and discharge the floodwaters of a base flood and which must be kept free of development so the base flood can be carried without an increase in flood height. If the floodway is not identified, it is considered to be identical to the floodplain. Specifically, a floodway is defined as the stream channel plus any adjacent floodplain areas that must be kept free of development so the base flood can pass with no more than a 0.5 foot increase in the water surface elevation or the energy grade line, providing hazardous velocities are not produced for all rivers except the Roaring Fork River. The floodway for the Roaring Fork River is defined as the stream channel plus any adjacent floodplain areas that must be kept free of development so the base flood can pass with no increase in the water surface elevation or the energy grade line. However,for all rivers,in no instance shall the floodway-flood fringe boundary be closer than twenty-five(25)feet to the natural streambank. 3. Flood Fringe. The flood fringe means the area,encompassing that area between the outer boundary of the floodway and the outer limit of the"Special Flood Hazard Area(SFHA)". (am 11/13/07) 4. Unmapped Flood Hazard(Zone D) The County Engineer may require a floodplain delineation for any development in a Zone D prior to issuance of any permits. Alternatively,a licensed engineer may provide written documentation that there is no reasonable risk of a 100-year floodplain in the area to be developed. 5. Areas of Shallow Flooding(AO/AH Zones).Located within the Special Flood Hazard Area established in the FO zone district,are areas designated as shallow flooding.These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Areas of Shallow Flooding may also be subject to the above listed divisions of the Floodplain Overlay Zone District. Areas of Shallow Flooding are characterized by ponding or sheet flow;therefore,the following additional provisions apply: (orig. 01/07/14) a. Residential Construction.All new construction and Substantial Improvements of residential structures must have the lowest floor(including basement),electrical,heating,ventilation, plumbing, and air conditioning equipment and other service facilities(including ductwork),elevated above the highest adjacent grade at least one foot above the depth number specified in feet on the community's FIRM(at least three feet if no depth number is specified).Upon completion of the structure, the elevation of the lowest floor,including basement,shall be certified by a Colorado Licensed 3-74 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS Professional Engineer, Architect,or land surveyor. Such certification shall be submitted to the Floodplain Administrator. b. Nonresidential Construction. With the exception of Critical Facilities,outlined in section 3-350 M, all new construction and Substantial Improvements of non-residential structures,must have the lowest floor(including basement),electrical,heating,ventilation,plumbing,and air conditioning equipment and other service facilities(including ductwork),elevated above the highest adjacent grade at least one foot above the depth number specified in feet on the community's FIRM(at least three feet if no depth number is specified),or together with attendant utility and sanitary facilities,be designed so that the structure is watertight to at least one foot above the base flood level with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.Upon completion of the structure,the elevation of the lowest floor, including basement, shall be certified by a Colorado Licensed Professional Engineer,Architect,or land surveyor. Such certification shall be submitted to the Floodplain Administrator that the standards of this Section, as proposed in section 3-350 N,are satisfied. Within Zones AH or AO, adequate drainage paths around structures on slopes are required to guide flood waters around and away from proposed structures. F. Regulations of Flood-Prone Areas. The provisions of this section shall apply to each Flood- Prone area as identified on the official map or maps listed in Section 3-350 D. 1. Floodplain Development Permit Required. No person shall engage in development of any kind,whether a conforming or nonconforming use or structure, within a Flood-Prone area without first obtaining a floodplain development permit or an exemption from a floodplain development permit from Eagle County Engineering. 2. Prohibited Uses. No development on or over any portion of a Flood-Prone area shall be permitted which alone,or cumulatively with other such activities,would cause or result in any of the following: a. The storage or processing of materials that in time of flooding are buoyant,flammable, explosive, or otherwise potentially injurious to human,animal or plant life. b. The disposal of garbage or other solid waste materials. c. The potential of substantial solid debris or refuse being carried downstream by floodwaters. (am 01/07/14) d. The increase in the level or likelihood of flooding on the property or on any other properties that may be impacted by the development. 3. Allowed Uses. The following uses shall be allowed within a Flood-Prone area: a. Agricultural uses such as general farming,pasture, grazing,outdoor plant nurseries, horticulture,viticulture,truck farming, forestry, and sod farming. 3-75 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS b. Private and public recreational uses, such as golf courses,tennis courts, driving ranges, archery ranges,picnic grounds,boat launching ramps, swimming areas,parks,wildlife and nature preserves,target ranges, shooting preserves,trap and skeet ranges,hunting and fishing areas,fish hatcheries,and hiking,biking and equestrian trails,except that structures accessory to such uses shall not be located in a Flood-Prone area. 4. The Flood Hazard's Specific Extent Has Not Yet Been Determined. The specific extent of the flood hazard has not yet been determined in a flood-prone area. The boundaries of the flood-prone area are based on physical factors indicating flow and direction of water,historical flood experience,or other readily available data. 5. Determine if in Floodway or Flood Fringe. The flood hazard is of such significance that before any proposed development,other than those uses enumerated in subsection 3,of this section 3-350 F,may be permitted in any portion of such area,public health, safety and welfare require that a determination shall be made as to whether the site of the proposed development or activity is located within a floodway or flood fringe. The Floodplain Administrator shall make such determination promptly and as may be appropriate and practical. Any application for a permit to conduct development in a Flood-Prone area shall not be considered complete or be accepted unless and until it is accompanied by the results of studies necessary to determine whether the proposed development is located in a floodway or flood fringe. (am 01/07/14) 6. Technical Criteria. These floodplain studies shall meet the technical criteria established by the Colorado Water Conservation Board and the Federal Emergency Management Agency for the review and designation of floodplain delineation studies. 7. Notice of Floodway or Flood Fringe Determination. Upon receipt of the completed study and a determination by the Floodplain Administrator that such study is true and accurate;the Floodplain Administrator shall inform the applicant in writing whether the site of the proposed development or activity lies within any of the following: (am 01/07/14) a. The floodway,in which case further processing of the application shall be governed by section 3-350 H,and the applicable provisions of this Section. b. The flood fringe,in which case further processing of the application shall be governed by section 3-350 G,and the applicable provisions of this Section. c. None of the above, in which case none of the provisions of the FO zone district shall have any further applicability to such application. G. Regulations for the Flood Fringe. The provisions of this section shall apply to each flood fringe area as identified in one of the official FO zone district maps. 1. Floodplain Development Permit. No person shall engage in development of any kind,whether a conforming or nonconforming use or structure,within a flood fringe without first obtaining a floodplain development permit or an exemption from a floodplain development permit from Eagle County Engineering. 3-76 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS 2. Stream Setbacks. When applicable,a floodplain development permit will only be issued if a variance from the Zoning Board of Adjustments pursuant to Section 5-260 or variation from the stream setbacks approved as part of Planned Unit Development pursuant to Section 5-240 has been obtained. 3. Prohibited Uses. No development or uses on or over any portion of the flood fringe shall be permitted which alone,or cumulatively with other such development or uses, would cause or result in any of the following: a. The storage or processing of materials that in time of flooding are buoyant,flammable, explosive,or otherwise potentially injurious to human, animal,or plant life. b. The disposal of garbage or other solid or liquid waste materials. c. The potential of substantial solid debris or waste being carried downstream by floodwaters. d. The construction or improvement of a structure,whether fixed or mobile, such that any external wall shall be not less than fifteen(15)feet from the stream side of the flood fringe. e. The lowest floor,including the basement,of any such building or structure shall be not less than one(1)foot above the maximum base flood elevation. The lowest adjacent grade surrounding the structure shall be filled to at least the base flood elevation,compacted with slopes and protected by vegetated cover. f. The lowest interior grade,including crawl spaces, shall not be lower than the base flood elevation. 4. Allowed Uses. The following uses shall be allowed within the flood fringe: a. All Structures.The following subsection is applicable to all structures and uses provided that: (orig. 01/07/14) (1) All new construction or substantial improvements shall be designed(or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads,including the effects of buoyancy; (2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (4) All new construction or substantial improvements shall be constructed with electrical,heating,ventilation,plumbing,and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; 3-77 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS (5) All manufactured homes shall be installed using methods and practices which minimize flood damage.For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation,collapse,or lateral movement. Methods of anchoring may include, but are not limited to,use of over-the-top or frame ties to ground anchors.This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. (6) All new and replacement potable and non-potable water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system utilizing best management practices(BMPs),unless specific components of these systems require infiltration,such as supply intake structures; (7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system utilizing best management practices(BMPs)and discharge from the systems into flood waters;and, (8) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. b. Residential Structures. In addition to the requirements set forth in 3-350 G 4 a above, residential structures and uses are allowed provided that they meet the following additional requirements: (am. 01/07/14) (1) Any residential structure,whether fixed or mobile, designed for human occupancy or the storage of property, shall be constructed, located or improved so that any external wall shall be not less than fifteen(15)feet from the stream side of the flood fringe. (2) The lowest floor, including the basement,including all electrical,heating, ventilation,plumbing,and air conditioning equipment and other service facilities(including ductwork), of any such building or structure shall be not less than one(1)foot above the maximum base flood elevation. The lowest adjacent grade surrounding the structure shall be filled to at least the base flood elevation, compacted with slopes and protected by vegetated cover. (3) The lowest interior grade,including crawl spaces, shall not be lower than the lowest adjacent grade. (4) Upon completion of the structure,the elevation of the lowest floor, including basement, shall be certified by a Colorado Licensed Professional Engineer,Architect, or Land Surveyor. Such certification shall be submitted to the Floodplain Administrator. c. Nonresidential Structures or Uses. Nonresidential structures or uses are allowed provided that: (am.01/07/14) (1) With the exception of Critical facilities, outlined in section 3-350 M,any nonresidential structure shall be constructed,located or improved so that any external wall shall be not less than fifteen(15)feet from the stream side of the flood fringe. (2) Any nonresidential structure shall either have the lowest floor, including electrical,heating,ventilation,plumbing,and air conditioning equipment and other service facilities 3-78 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS (including ductwork), including the basement,not less than one(1)foot above the BFE; or together with attendant utility and sanitary facilities shall be flood proofed so that below the computed BFE the structure is water tight with walls substantially impermeable to the passage of water;have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;and be certified by an engineer or architect licensed in the State of Colorado that the standards of this subsection are satisfied. Any nonresidential structure shall be constructed by methods and practices that minimize flood damage,and shall be constructed with materials resistant to flood damage. Such certifications shall be submitted to the Floodplain Administrator or its designated representative and provide that where a non-residential structure is intended to be made watertight below the one(1)foot above the BFE,(i)a Colorado Licensed Professional Engineer or architect shall develop and/or review structural design, specifications,and plans for the construction and shall certify that the design and methods of construction are in accordance with current technical criteria, and(ii)a record of such certificate which includes the specific elevation(in relation to the appropriate datum)that the structures are flood proofed. Such certification shall be maintained by the Floodplain Administrator All flood proofing shall meet the current technical criteria set by the Colorado Water Conservation Board and the Federal Emergency Management Agency. Such certifications shall be provided to the Floodplain Administrator. (3) In the event that floodwaters in the flood fringe can be expected to attain a velocity greater than three(3)feet per second(at any point where the proposed development is to occur), additional flood proofing shall be required sufficient to withstand such greater water velocity. (4) Nonresidential uses including: (a) Agricultural uses such as general farming,pasture, grazing,outdoor plant nurseries,horticulture,viticulture,truck farming,forestry,and sod farming. (b) Private and public recreational uses,such as golf courses,tennis courts,driving ranges,archery ranges,picnic grounds,boat launching ramps, swimming areas,parks,wildlife and nature preserves,trap and skeet ranges,hunting and fishing areas,fish hatcheries,hiking,biking and equestrian trails. (c) Open area residential uses such as lawns, gardens,parking areas, and play areas. (d) Uses accessory to open space or uses for which a permit is required under the FO zone district. (e) Railroads,streets,roads,bridges,utility lines and facilities,and structures for irrigation,drainage or flood control. d. Enclosures.New construction and substantial improvements,with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles,building access,or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a Colorado Licensed Professional Engineer or Architect or meet or exceed the following minimum criteria: 3-79 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS (1) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (2) The bottom of all openings shall be no higher than one foot above grade. (3) Openings may be equipped with screens, louvers,valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. e. Manufactured Homes.All manufactured homes that are placed or substantially improved within Zones Al-30,AH, and AE on the community's FIRM on sites(i)outside of a manufactured home park or subdivision,(ii)in a new manufactured home park or subdivision;(iii)in an expansion to an existing manufactured home park or subdivision, or(iv)in an existing manufactured home park or subdivision on which manufactured home has incurred"substantial damage" as a result of a flood,be elevated on a permanent foundation such that the lowest floor of the manufactured home, electrical, heating,ventilation,plumbing,and air conditioning equipment and other service facilities (including ductwork),are elevated to one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation,collapse, and lateral movement. All manufactured homes placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones Al-30,AH and AE on the community's FIRM that are not subject to the provisions of the above paragraph, shall be elevated so that either: (1) The lowest floor of the manufactured home, electrical,heating,ventilation, plumbing,and air conditioning equipment and other service facilities(including ductwork),are one foot above the base flood elevation, or (2) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation,collapse,and lateral movement. H. Regulations for the Floodway. The provisions of this section shall apply to each floodway as identified on the official FO zone district maps. 1. Floodplain Development Permit. No person shall engage in development of any kind,whether a conforming or nonconforming use or structure,within the floodway without first obtaining a floodplain development permit or an exemption from a floodplain development permit from Eagle County Engineering. 2. Prohibited Uses. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris,potential projectiles and erosion potential,no development, encroachment,use, or alteration in,on, or over any part of the floodway shall be permitted which alone or cumulatively with other such uses would cause or result in: (am. 01/07/14) a. The occupation of permanent or temporary structures. b. The development or use of overnight campgrounds and travel trailer parks. 3-80 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS C. The storing or processing of materials that are buoyant,flammable,explosive,or otherwise potentially injurious to human, animal or plant life. d. Solid waste disposal sites and central collection sewage treatment facilities. e. The potential of solid debris(including, but not limited to garages,storage sheds,decks, fences, etc.)or waste(including,but not limited to septic systems,etc.)being carried downstream. f. An encroachment that would adversely affect the efficiency and capacity of the floodway or change the direction of flow or cause any increase in the base flood elevation or so as to cause foreseeable damage to others,wherever located. g. An encroachment,including fill,new construction, substantial improvements and other development unless certification by a Colorado Licensed Professional Engineer is provided demonstrating that encroachments shall not result in any increase in flood levels or velocities during the occurrence of the base flood discharge. The analysis shall be in accordance with standard engineering practice and a No-Rise Certification shall be submitted to the Floodplain Administrator. 3. Allowed Uses. The following uses shall be permitted within the floodway to the extent that are not prohibited in a particular area by any underlying zoning district and only if they do not adversely affect the efficiency of the floodway, change the direction of flow or increase the BFE. a. Agricultural uses such as general farming,grazing of livestock and horses,sod farming and wild crop harvesting. b. Uses accessory to residential uses including but not limited to lawns,open areas,gardens, driveways and play areas. c. Recreational uses not requiring permanent or temporary structures designed for human habitation. d. Road and highway structures and attached utilities.(am. 01/07/14) e. Stream restoration projects,such as fish habitat enhancements,bank stabilization, and wetland and riparian improvement projects.(orig. 01/07/14) f. Under the provisions of 44 CFR Chapter 1, Section 65.12,of the National Flood Insurance Regulations,any of the allowed uses that encroach may be permitted within the adopted regulatory floodway that would result in an increase in Base Flood Elevations,provided that the applicant first applies for a CLOMR and floodway revision through FEMA.(orifi. 01/07/14) g. Buried utilities.(orifi. 01/07/14) h. Domestic and municipal intake structures.(orifi. 01/07/14) i. Whitewater and recreation parks.(orifi. 01/07/14) 3-81 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS I. Mobile Home Parks and Recreational Vehicle Parks. The provisions of this section shall apply to all mobile home parks and recreational vehicle parks currently in the FO zone district, or proposed to be in the FO zone district. 1. Anchors. Use of existing mobile homes within the floodway,the flood fringe or a flood-prone area may be continued as a nonconforming use provided,however,that any mobile home located within the floodway,the flood fringe and/or a flood-prone area shall be anchored to resist flotation, collapse or lateral movement in the event of flooding by providing over-the-top and frame ties to ground anchors. Specific requirements shall be as follows: a. Over-the-top Ties. Over-the-top ties be provided at each of the four corners of the mobile home with two additional ties per side at intermediate locations,with mobile homes less than fifty (50)feet long requiring one additional tie per side. b. Frame Ties. Frame ties be provided at each corner of the home with five additional ties per side at intermediate points,with homes less than fifty(50)feet long requiring four additional ties per side. c. Components. All components of the anchoring system be capable of carrying a force of 4,800 pounds. d. Additions. Any additions to the home be similarly anchored. 2. New Mobile Homes in the Floodplain. Development of new mobile home parks,the expansion of any existing mobile home parks,the placement of any mobile homes outside a mobile home park within the floodway,flood fringe or a flood-prone area shall be prohibited. 3. Lowest Floor Above the BFE. All new mobile homes or those to be substantially improved shall be elevated on a permanent foundation such that the lowest floor of the mobile home is one foot above the BFE. 4. Recreational Vehicles. Recreational vehicles that meet the following conditions may be located in the flood fringe: a. The recreational vehicle is located on the site for fewer than one hundred eighty(180) consecutive days. b. The recreational vehicle is fully licensed and ready for highway use.A recreational vehicle is ready for highway use if it is on its wheels or jacking system,is attached to the site only by quick disconnect type utilities and security devices,and has no permanently attached additions.(am. 01/07/14) c. Meet the permit requirements of section 3-350 N,and the elevation and anchoring requirements for"manufactured homes" in section 3-350 G 4 e.(orig.01/07/14) J. Alteration of a Watercourse. For all proposed developments that alter a watercourse within a Special Flood Hazard Area,the following standards apply: (prig. 01/07/14) 3-82 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS 1. Channelization and flow diversion projects shall appropriately consider issues of sediment transport,erosion,deposition,and channel migration and properly mitigate potential problems through the project as well as upstream and downstream of any improvement activity.A detailed analysis of sediment transport and overall channel stability should be considered,when appropriate,to assist in determining the most appropriate design. 2. Channelization and flow diversion projects shall evaluate the residual 100-year floodplain. 3. Any channelization or other stream alteration activity proposed by a project proponent must be evaluated for its impact on the regulatory floodplain and be in compliance with all applicable Federal, State and local floodplain rules,regulations and ordinances. 4. Any stream alteration activity shall be designed and sealed by a Colorado Licensed Professional Engineer or Certified Professional Hydrologist. 5. All activities within the regulatory floodplain shall meet all applicable Federal, State and FO zone district floodplain requirements and regulations. 6. Within the Regulatory Floodway, stream alteration activities shall not be constructed unless the project proponent demonstrates through a Floodway analysis and report, sealed by a Colorado Licensed Professional Engineer,that there is not more than a 0.00-foot rise in the proposed conditions compared to existing conditions Floodway resulting from the project,otherwise known as a No-Rise Certification, unless the community first applies for a CLOMR and Floodway revision in accordance with section 3-350 H. 7. Maintenance shall be required for any altered or relocated portions of watercourses so that the flood-carrying capacity is not diminished. K. Properties Removed from the Floodplain by Fill.A Floodplain Development Permit shall not be issued for the construction of a new structure or addition to an existing structure on a property removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F),unless such new structure or addition complies with the following: (orig. 01/07/14) 1. Residential Construction.The lowest floor(including basement),electrical,heating,ventilation, plumbing, and air conditioning equipment and other service facilities(including ductwork),must be elevated to one foot above the Base Flood Elevation that existed prior to the placement of fill. 2. Nonresidential Construction.The lowest floor(including basement),electrical,heating, ventilation,plumbing, and air conditioning equipment and other service facilities(including ductwork), must be elevated to one foot above the Base Flood Elevation that existed prior to the placement of fill,or together with attendant utility and sanitary facilities be designed so that the structure or addition is watertight to at least one foot above the base flood level that existed prior to the placement of fill with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. L. Subdivision Proposals.All subdivision proposals including the placement of manufactured home parks and subdivisions shall be reasonably safe from flooding. If a subdivision or other development proposal is in a flood-prone area,the proposal shall minimize flood damage. (oris. 01/07/14) 3-83 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS 1. All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of section 3-350 N. 2. Base Flood Elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres,whichever is lesser, if not otherwise provided pursuant to section 3-350 C or section 3- 350 D 1. 3. All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. 4. All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer,gas,electrical and water systems located and constructed to minimize or eliminate flood damage. M. Critical Facilities.A Critical Facility is a structure or related infrastructure,but not the land on which it is situated,as specified in Section 3-350 M 1,that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before,during and after a flood.(orig.01/07/14) 1. Classification of Critical Facilities.It is the responsibility of the local government having jurisdiction to identify and confirm that specific structures in their community meet the following criteria: Critical Facilities are classified under the following categories: (a)Essential Services;(b)Hazardous Materials; (c)At-risk Populations; and(d)Vital to Restoring Normal Services. a. Essential services facilities include public safety,emergency response,emergency medical,designated emergency shelters,communications,public utility plant facilities, and transportation lifelines. These facilities consist of: (1) Public safety(police stations, fire and rescue stations,emergency vehicle and equipment storage, and,emergency operation centers); (2) Emergency medical(hospitals, ambulance service centers,urgent care centers having emergency treatment functions,and non-ambulatory surgical structures but excluding clinics, doctor's offices, and non-urgent care medical structures that do not provide these functions); (3) Designated emergency shelters; (4) Communications(main hubs for telephone,broadcasting equipment for cable systems, satellite dish systems, cellular systems,television,radio,and other emergency warning systems, but excluding towers,poles,lines,cables,and conduits); (5) Public utility plant facilities for generation and distribution(hubs,treatment plants,municipal wells,substations and pumping stations for water,power and gas,but not including towers,poles,power lines,buried pipelines,transmission lines,distribution lines,and service lines); and 3-84 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS (6) Air Transportation lifelines(airports(municipal and larger),helicopter pads and structures serving emergency functions,and associated infrastructure(aviation control towers,air traffic control centers,and emergency equipment aircraft hangars). Specific exemptions to this category include wastewater treatment plants(WWTP)and appurtenant facilities,non-potable water treatment and distribution systems,and hydroelectric power generating plants and related appurtenances. Public utility plant facilities may be exempted if it can be demonstrated to the satisfaction of the local government having jurisdiction that the facility is an element of a redundant system for which service will not be interrupted during a flood.At a minimum, it shall be demonstrated that redundant facilities are available(either owned by the same utility or available through an intergovernmental agreement or other contract)and connected,the alternative facilities are either located outside of the 100- year floodplain or are compliant with the provisions of this article,and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a flood.Evidence of ongoing redundancy shall be provided to the local government having jurisdiction on an as-needed basis upon request. b. Hazardous materials facilities include facilities that produce or store highly volatile, flammable, explosive,toxic and/or water-reactive materials. These facilities may include: (1) Chemical and pharmaceutical plants(chemical plant, pharmaceutical manufacturing); (2) Laboratories containing highly volatile,flammable, explosive,toxic and/or water-reactive materials; (3) Refineries; (4) Hazardous waste storage and disposal sites;and (5) Above ground gasoline or propane storage or sales centers. Facilities shall be determined to be Critical Facilities if they produce or store materials in excess of threshold limits. If the owner of a facility is required by the Occupational Safety and Health Administration(OSHA)to keep a Material Safety Data Sheet(MSDS)on file for any chemicals stored or used in the work place,AND the chemical(s)is stored in quantities equal to or greater than the Threshold Planning Quantity(TPQ)for that chemical,then that facility shall be considered to be a Critical Facility. The TPQ for these chemicals is: either 500 pounds or the TPQ listed (whichever is lower)for the 356 chemicals listed under 40 C.F.R. § 302(2010), also known as Extremely Hazardous Substances(EHS); or 10,000 pounds for any other chemical. This threshold is consistent with the requirements for reportable chemicals established by the Colorado Department of Health and Environment. OSHA requirements for MSDS can be found in 29 C.F.R. § 1910(2010). The Environmental Protection Agency(EPA)regulation"Designation,Reportable Quantities,and Notification,"40 C.F.R. §302(2010)and OSHA regulation"Occupational Safety and Health Standards," 3-85 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS 29 C.F.R. § 1910(2010)are incorporated herein by reference and include the regulations in existence at the time of the promulgation this ordinance,but exclude later amendments to or editions of the regulations Specific exemptions to this category include: (6) Finished consumer products within retail centers and households containing hazardous materials intended for household use,and agricultural products intended for agricultural use. (7) Buildings and other structures containing hazardous materials for which it can be demonstrated to the satisfaction of the local authority having jurisdiction by hazard assessment and certification by a qualified professional(as determined by the local jurisdiction having land use authority)that a release of the subject hazardous material does not pose a major threat to the public. (8) Pharmaceutical sales,use, storage,and distribution centers that do not manufacture pharmaceutical products. These exemptions shall not apply to buildings or other structures that also function as Critical Facilities under another category outlined in this section. c. At-risk population facilities include medical care,congregate care, and schools. These facilities consist of: (1) Elder care(nursing homes); (2) Congregate care serving 12 or more individuals(day care and assisted living); (3) Public and private schools(pre-schools,K-12 schools),before-school and after-school care serving 12 or more children); d. Facilities vital to restoring normal services including government operations. These facilities consist of: (1) Essential government operations(public records, courts,jails,building permitting and inspection services,community administration and management,maintenance and equipment centers); (2) Essential structures for public colleges and universities(dormitories,offices, and classrooms only). These facilities may be exempted if it is demonstrated to the local government having jurisdiction that the facility is an element of a redundant system for which service will not be interrupted during a flood.At a minimum, it shall be demonstrated that redundant facilities are available(either owned by the same entity or available through an intergovernmental agreement or other contract),the alternative facilities are either located outside of the 100-year floodplain or are compliant with this ordinance,and an operations plan is in effect that states how redundant facilities will provide service to the affected area in the event of a 3-86 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS flood.Evidence of ongoing redundancy shall be provided to the local government having jurisdiction on an as-needed basis upon request. 2. Protection for Critical Facilities.All new and substantially improved Critical Facilities and new additions to Critical Facilities located within the Special Flood Hazard Area shall be regulated to a higher standard than structures not determined to be Critical Facilities. For the purposes of this section, protection shall include one of the following: a. Location outside the Special Flood Hazard Area; or b. Elevation of the lowest floor or floodproofing of the structure,together with attendant utility and sanitary facilities,to at least two feet above the Base Flood Elevation. 3. Ingress and Egress for New Critical Facilities.New Critical Facilities shall,when practicable as determined by the local government having jurisdiction,have continuous non-inundated access (ingress and egress for evacuation and emergency services)during a 100-year flood event. N. Floodplain Development Permit. A floodplain development permit shall be obtained from the Floodplain Administrator before the start of construction or development within the FO zone district. (am. 01/07/14) 1. Contents of Floodplain Development Permits. Applications for floodplain development permits are to be submitted to the Floodplain Administrator and shall include the following information as applicable: a. Application Form. A completed application form with all necessary information completed. b. Site Plan. A plan at a scale of 1"=200' or as approved by the Floodplain Administrator, stamped by an engineer licensed in the State of Colorado,which includes: (1) The site location. (2) A legal description of parcel. (3) Base flood limits and water surface elevations in relation to mean sea level. (4) Floodway limits. (5) Channel of watercourse. (6) Existing and proposed contours or elevations at no more than 2' intervals in relation to mean sea level. (am. 01/07/14) (7) Existing and proposed structures,with the lowest floor elevations(including basements and garages)of each structure. 3-87 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS (8) Proposed elevations in relation to mean sea level to which structures will be flood proofed(if applicable).(am. 01/07/14) (9) Location and elevations in relation to mean sea level of existing streets,water supply,and sanitation facilities.(am. 01/07/14) (10) Limits and total land area of all existing and proposed impervious surfaces, including structures. (11) Existing water supply ditches, irrigation ditches and laterals. (12) All maps shall comply with the National Map Accuracy Standards. c. Channel Cross-Section. A typical cross-section showing: (1) The channel of the watercourse. (2) Limits of floodplain adjoining each side of channel. (3) Cross-section area to be occupied by the proposed development. (4) Existing and proposed base flood elevations. d. Construction Specifications. Specifications for construction and materials of buildings, flood proofing, filling,dredging, grading,channel improvements, storage of materials,water supply,and sanitation facilities as applicable. (1) Floodproofing Certificate. If applicable, a certificate from a Colorado Licensed Professional Engineer or Architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Section 3-350 G 4 b.(am. 01/07/14) e. Alteration of Water Course. Description of the extent to which any water course will be altered or relocated as a result of the proposed development. f. Floodway Floodplain Development Requirements. If development is proposed in a floodway then a floodway analysis by a Colorado Registered Licensed Engineer must be completed using methodology acceptable to the Federal Emergency Management Agency and Colorado Water Conservation Board and must meet the following guidelines: (am. 01/07/14) (1) If a detailed hydraulic floodway analysis has not been performed,the responsibility for determining the floodway boundary rests with the floodplain development permit applicant. The need for a detailed hydraulic floodway analysis shall be the decision of the Floodplain Administrator. (2) The Floodplain Administrator may require that the detailed hydraulic floodway analysis be based on the identical hydraulic model which was used to develop the engineering study currently adopted by the Board of County Commissioners, if available. The applicant should obtain, 3-88 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS through the Floodplain Administrator, a copy of the input data representing the computer model used for the effective flood hazard study if available. (3) The model must then be updated to existing hydraulic conditions to determine what increase in the 100 year water surface elevation levels have already been achieved by development since the floodplain was established. (a) Alternate floodway configurations may then be analyzed based on methods as outlined in the current U.S. Army Corps of Engineers HEC-RAS Water Surface Profiles Users Manual and submitted to the Floodplain Administrator for review and approval. (b) Approval will be based on demonstration that the cumulative effects of the proposed development,plus the effects of development since the original flood hazard area was established,does not cause a rise in the base flood elevation. (c) At the Floodplain Administrator's discretion, where a regulatory floodway has been designated,it may not be necessary to determine the cumulative effects of existing development. (4) Floodway boundary configurations will be examined and approved by the Floodplain Administrator. The following specific information,for the stream reach 1000 feet upstream and 1000 feet downstream from the proposed encroachment,must be submitted: (a) A copy of the printout for the hydraulic computer model representing the base flood profile run for conditions existing at the time the currently effective floodplain was developed. The printout must include the full input and output listing. (b) A copy of the printout from the hydraulic computer model representing the floodway run for the proposed floodway configuration and including developments and other hydraulic changes within the floodplain since the currently effective floodplain was established. The printout must include the full input and output listing with all input changes from the original model highlighted. (c) A copy of the floodway data table representing data for the proposed floodway configuration. (d) A copy of the currently effective official engineering study showing the existing floodplain and the proposed floodway configuration. (e) Certification from a Colorado Licensed Professional Engineer that the proposed floodway configuration, in combination with current floodplain hydraulic conditions,meets FEMA and CWCB requirements when evaluated against flood elevations established when the original floodplain study was completed. (1) Electronic copies of all aforementioned data and model input files of this section shall be submitted on a suitable medium. (am 11/13/07) 3-89 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS g. Report. An engineering report addressing those standards set forth in this section,signed and sealed by a Colorado Licensed Professional Engineer. 2. Standards for Permit Review. a. Completeness. No later than(10)days following receipt of a completed application for a floodplain development permit,the Floodplain Administrator shall: (1) Determine and set a fee in an amount necessary to cover the costs incurred in the review and approval or disapproval of the permit application, including all hearings, copying,mailings, publications,labor, overhead,consultants, experts,and attorneys that the county deems necessary, and shall notify the applicant in writing of the amount of the fee. Until the fee is paid to the Floodplain Administrator,the application for the floodplain development permit shall not be further processed. (a) Floodplain Development Permit(Minor Fee).For Floodplain Development Permits that are entirely within the flood fringe only, are for a single structure or of a simple nature,and do not require a detailed hydraulic analysis,the minor permit fee shall apply. (b) Floodplain Development Permit(Major Fee).For all other Floodplain Development Permits, the major permit fee shall apply. (2) Determine if the application is complete. If the application is not complete the Floodplain Administrator shall in writing notify the applicant of the deficiency of the application. Until the information is submitted to the Floodplain Administrator,the application for the floodplain development permit shall not be further processed. (3) The amount of the fee may be increased at any time if it is determined by the Floodplain Administrator that the fee is not sufficient to cover all costs associated with the floodplain development permit. b. Review of Application. Once the application is complete and the fee is paid,the Floodplain Administrator shall within thirty(30)days either: (1) Approve the application and grant a permit if the proposed development complies with these regulations. The Floodplain Administrator may attach such permit conditions as deemed necessary in furthering the purpose of the FO zone district. (2) Deny the application if the proposed development does not comply with the regulations of the FO zone district. The decision of the Floodplain Administrator shall state,in writing, reasons for the decision and shall be given to the applicant. c. Factors determining permit issuance.Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the provisions of this ordinance and the following relevant factors: (1) The danger to life and property due to flooding or erosion damage; 3-90 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS (2) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (3) The danger that materials may be swept onto other lands to the injury of others; (4) The compatibility of the proposed use with existing and anticipated development; (5) The safety of access to the property in times of flood for ordinary and emergency vehicles; (6) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges,and public utilities and facilities such as sewer, gas,electrical and water systems; (7) The expected heights,velocity, duration,rate of rise and sediment transport of the flood waters and the effects of wave action,if applicable, expected at the site; (8) The necessity to the facility of a waterfront location,where applicable; (9) The availability of alternative locations,not subject to flooding or erosion damage,for the proposed use; (10) The relationship of the proposed use to the comprehensive plan for that area. d. Permit Issued Only for Allowed Use. A floodplain development permit shall not be issued unless the proposed development complies with the standards and uses allowed in the FO zone district and will not otherwise violate the purposes and intent of these Floodplain Regulations. e. Determination of Flood Hazard. In reviewing an application for a floodplain development permit,the Floodplain Administrator shall determine the specific flood hazard at the site and shall evaluate the suitability of the proposed use in relation to the flood hazard. f. Other Permits and Approvals. The floodplain development permit applicant must obtain all other necessary permits and approvals from which approval is required by local,Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. g. Issuance of Permit. If the Floodplain Administrator determines that the application for a floodplain development permit meets the purposes and requirements of this Section,the floodplain development permit shall be issued,with the attachment of any conditions as deemed necessary to further the.purposes of this Section. Such conditions may include,but are not limited to, specifications for modification of waste disposal methods and facilities, landscaping,periods of operation,operational controls, sureties,deed restriction,and adequate flood proofing. h. Maintain Records.All floodplain development permits will be maintained and copies will be stored for future referral. 3-91 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS 3. Building Permit. The Chief Building Official shall not issue any permit for,nor shall the Planning Director allow any use involving any building, structure,or other development within the FO zone district unless a floodplain development permit has been granted for the development. 4. Permit Expiration. A floodplain development permit shall expire two years after the date of issuance if the permittee has not commenced construction under the permit. 5. Waiver of Submission Requirements. The Floodplain Administrator may waive any part but not all of the submission requirements imposed by the FO zone district upon petition by the applicant that a portion of the submission requirements is inapplicable to the development for which the permit is sought, and/or full compliance with the submission requirements would be unreasonable burdensome for the applicant and that the proposed development will have an insubstantial impact on the surrounding area. Such a waiver may be granted,after due consideration by the Floodplain Administrator,upon written determination that the information to be submitted is sufficient for the Floodplain Administrator to arrive at a permit decision in full compliance with the law and these Floodplain Regulations and that the proposed development will have an insubstantial impact on the surrounding area. 6. Notice to Purchaser or Lessee. In addition to the provisions set forth in the Administrative Regulations,in the event that a permit issued under these Floodplain Regulations allows a structure to be located in a floodplain,the terms of the permit shall require notice that the structure is being located in a floodplain and must be disclosed to the purchaser or lessee in the purchase contract, deed or lease. 7. Permit Conditions. The Floodplain Administrator may attach such conditions to granting of a permit for proposed development in the floodway,the flood fringe or a flood-prone area,as he deems necessary in furthering the purposes of these Floodplain Regulations. Such conditions may include,but not be limited to, specifications for modifying waste disposal and water supply facilities,landscaping, deed restrictions, or adequate flood proofing. O. Floodplain Variances.The provisions of this section shall apply to requests for variances from the requirements of the flood overlay zone district. For the purpose of this section,the Zoning Board of Adjustment shall serve as the Appeal Board. (orig. 01/07/14) 1. The Appeal Board shall hear and render judgment on requests for variances from the requirements of this ordinance. 2. The Appeal Board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision,or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. 3. Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competent jurisdiction. 4. The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. 6. Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed 3-92 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS below the base flood level,providing the relevant factors in Section 3-350 K have been fully considered. As the lot size increases beyond the one-half acre,the technical justification required for issuing the variance increases. 7. Upon consideration of the factors noted above and the intent of this ordinance,the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance as stated in Section 3-350 K. 8. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. 9. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. 10. Prerequisites for granting variances: a. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard,to afford relief. b. Variances shall only be issued upon: (1) Showing a good and sufficient cause; (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant,and (3) A determination that the granting of a variance will not result in increased flood heights,additional threats to public safety,extraordinary public expense,create nuisances,cause fraud on or victimization of the public,or conflict with existing local laws or ordinances. (4) A determination that the granting of a variance is necessary to avoid a direct conflict with the terms and conditions of any state or federal permit,provided,that,any requirement in this Floodplain Overlay Zone District Section that is more stringent than a state or federal permit term or condition,than the Floodplain Overlay Zone District Section shall take precedence. c. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the Base Flood Elevation,and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. 11. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a Functionally Dependent Improvement provided that: a. The criteria outlined in Section 3-350.0 are met, and; 3-93 ARTICLE 3: ZONE DISTRICTS TABLE OF CONTENTS b. The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. 3-94 ARTICLE 4 SITE DEVELOPMENT STANDARDS - EAGLE COUNTY LAND USE REGULATIONS EAGLE COUNTY,COLORADO Article 4 ARTICLE 4 SITE DEVELOPMENT STANDARDS TABLE OF CONTENTS PAGE DIVISION 4-1. OFF-STREET PARKING AND LOADING STANDARDS 4-1 Section 4-100. Purpose 4-1 Section 4-110. Applicability 4-1 Section 4-120. Number of Required Parking and Loading Spaces 4-1 Section 4-130 General Standards for Parking and Loading Areas 4-3 Section 4-140. Design Standards for Parking and Loading Areas 4-4 DIVISION 4-2. LANDSCAPING AND ILLUMINATION STANDARDS 4-10 Section 4-200. Purpose 4-10 Section 4-210. Applicability 4-11 Section 4-220. Landscape Plan 4-12 Section 4-230. Landscaping Design Principles,Standards and Materials 4-14 Section 4-240. Installation and Maintenance Requirements 4-22 Section 4-250. Illumination Standards 4-24 DIVISION 4-3. SIGN REGULATIONS 4-24 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 and Penalties 4-37 DIVISION 4-4. NATURAL RESOURCE PROTECTION STANDARDS 4-38 Section 4-400. Purpose 4-38 LAND USE REGULATIONS 4-iii EAGLE COUNTY,COLORADO Article 4 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 Wildfire 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 DIVISION 4-5. COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS 4-65 Section 4-500. Purpose 4-65 Section 4-510. Applicability 4-65 Section 4-520. Noise and Vibration Standards 4-65 Section 4-530. Smoke and Particulate Standards 4-66 Section 4-540. Heat,Glare,Radiation and Electrical Interference 4-66 Section 4-550. Storage of Hazardous and Non-Hazardous Materials 4-66 Section 4-560. Water Quality Standards 4-67 TABLE OF CONTENTS PAGE DIVISION 4-6. IMPROVEMENTS STANDARDS 4-67 Section 4-600. Purpose 4-67 Section 4-610. Applicability 4-67 Section 4-620. Roadway Standards 4-68 Section 4-630. Sidewalk and Trail Standards 4-100 Section 4-640. Irrigation System Standards 4-102 Section 4-650. Drainage Standards 4-103 Section 4-660. Excavation and Grading Standards 4-106 LAND USE REGULATIONS 4-11i EAGLE COUNTY,COLORADO Article 4 Section 4-665. Erosion Control Standards 4-106 Section 4-670. Utility and 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 4-114 Section 4-700. School Land Dedication Standards 4-114 Section 4-710. Road Impact Fees 4-115 Section 4-720. Emergency Service Impact Fees 4-138 DIVISION 4-8. EAGLE COUNTY EFFICIENT BUILDING CODE (ECOBUILD): SINGLE-FAMILY, DUPLEX,TOWNHOUSE 4-145 Section 4-800 Purpose 4-145 Section 4-810 Applicability 4-145 Section 4-820. Point Requirements 4-145 Section 4-825. Exterior Energy Uses 4-146 Section 4-830. Point Details 4-147 Section 4-830.1 Site/Water Conservation 4-146 Section 4-830.2 Recycling and Reuse 4-147 Section 4-830.3 Framing and Materials ..4-148 Section 4.830.4 Energy 4-149 Section 4.830.5 Renewable Energy 4-151 Section 4.830.6 Indoor Air Quality 4-152 Section 4-830.7 Innovation Points ..4-153 Section 4-840. Renewables and Efficiency Fund 4-153 Section 4-850. Severability Provision 4-154 DIVISION 4-9. EAGLE COUNTY EFFICIENT BUILDING CODE (ECOBUILD): COMMERCIAL / MULTIFAMILY 4-154 Section 4-900 Purpose 4-154 Section 4-910: Applicability 4-154 Section 4-920: Point Requirements 4-154 LAND USE REGULATIONS 4-h' EAGLE COUNTY,COLORADO Article 4 Section 4-925: Exterior Energy Uses .4-154 Section 4-930: Point Details 4-155 Section 4-930.1 Site/Water Conservation 4-155 Section 4-930.2 Recycling,Reuse,Materials 4-156 Section 4-930.3 Energy .4-158 Section 4-930.4 Renewable Energy 4-160 Section 4-930.5 Indoor Quality 4-161 Section 4-930.6 Innovation Points .4-161 Section 4-940 Severability Provision 4-162 DIVISION 4-10.SUSTAINABLE COMMUNITY INDEX 4-162 Section 4-1000 Purpose 4-162 Section 4-1010: Applicability 4-162 Section 4-1020: Point Requirements 4-162 Section 4-1030: Point Details 4-163 Section 4-1030.1 Site/Location 4-163 Section 4-1030.2 Connections/Uses 4-164 Section 4-1030.3 Transportation 4-167 Section 4-1030.4 Resource Efficiency 4-170 LAND USE REGULATIONS 4-A' EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING SPACES ARTICLE 4 SITE DEVELOPMENT 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 lesson 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 4-1 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-1.OFF-STREET PARKING AND LOADING SPACES 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,lodge, 1 space per room 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 Auditorium and Public Assembly Areas 1 space per 100 s.f of floor area used for seating or assembly Public Facilities and Health Facilities(excluding 1 space per 300 s.f.of floor area2 auditorium and public assembly areas) Ski Facility: Visitors 1 space per 4 persons of maximum allowed 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 1 space per 2,000 s.f.of floor area 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. LAND USE REGULATIONS 4-2 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 1-I.OFF-STREET PARKING AND LOADING SPACES 4. Uses Not Listed. The number of required off-street parking spaces for any use not 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 needs. 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. 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 LAND USE REGULATIONS 4-3 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-I.OFF-STREET PARKING AND LOADING SPACES 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. Parking Surface and Drainage. Off-street parking areas, aisles, and access drives shall have a durable,all weather surface,made of materials that(1)are suitable to the uses to which the parking area will be put, and (2) are compatible with the character of the proposed development and the surrounding land uses and parking areas. Appropriate parking surface materials may include,but are not limited to, asphalt, concrete, paving blocks, and gravel surface. Grass ring surface may be used for temporary or emergency situations. Parking surfaces shall be compacted and graded,with a minimum grade of two(2)percent for asphalt,one(1)percent for concrete,and two(2)percent for paving blocks,gravel,or grass ring surface,to permit drainage of surface water without damage to public or private land or improvements. Paved surfaces shall be striped to demarcate the parking spaces for all commercial lots and for residential lots over four(4)contiguous spaces. B. Minimum Dimensions of Parking Areas.The minimum dimensions of parking spaces,aisles and 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,if LAND USE REGULATIONS 4-4 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-1.OFF-STREET PARKING AND LOADING SPACES an additional space of two(2)feet in length is provided for the front overhang of the car,provided that the overhang shall not reduce the width of the adjacent walkway to less than four(4)feet. (am 12/13/05) C. Minimum Dimensions of Loading Berths.The minimum dimension of any loading berth shall be ten(10)feet wide by thirty-five(35)feet long,with a vertical clearance of fourteen(14)feet. Where 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) percent of the spaces over and above the first ten(10)spaces may be designed for compact cars. 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 for exclusive use by compact cars with a raised identification sign or stencil. The identification sign shall be twelve(12)inches by eighteen (18)inches,with a height not to exceed seven(7)feet. The standard colors of the sign shall be white on green. The stencil may be either white or yellow in color. E. Handicapped ("Accessible") Parking. Any use requiring special access, as defined in the International Building Code (IBC) or the American National Standard Institute A-117.1-1998 published by the Council of International Code CommitteeA 117.1,shall provide,according to Table 4-140 except as otherwise required under IBC or ICC/ANSI A117.1,as each may be amended from time to time, spaces for use only by persons with disabilities ("handicapped parking," "accessible parking").One van accessible parking space shall be provided for every five(5)accessible parking spaces, or fraction thereof. (am.11/08/05) 1. Minimum Width.Parking spaces shall have a minimum stall width of eight and one-half (8.5)feet with an adjacent access aisle five(5)feet wide. Parking access aisles shall be part of the accessible route to the building or facility entrance and shall further comply with the IBC or ICC/ANSI A117.1. Two accessible parking spaces shall be permitted to share a common access aisle. (am.11/08/05) a. Van Parking Adjacent Access Aisle. Van parking shall have a minimum adjacent 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 loading zone access aisles shall be part of the accessible route of travel to the building or facility entrance. 2. Sign. Accessible parking spaces shall be identified by a sign showing the international symbol of accessibility complying with ICC/ANSI A.117.1 section 4.28.8. 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 LAND USE REGULATIONS 4-5 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-1.OFF-STREET PARKING AND LOADING 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 near the accessible entrances. (am.11/08/05) 4. 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 provision shall apply. (am.11/08/05) TABLE 4-140(am 9/27/99) NUMBER OF ACCESSIBLE PARKING SPACES Total Parking Spaces in Lot or Garage Minimum Required Number of Accessible Spaces 1 -25 1 26 -50 2 51 -75 3 76 - 100 4 101 - 150 5 151 -200 6 201 -300 7 301 -400 8 401 -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 4-6 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-I.OFF-STREET PARKING AND LOADING SPACES 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 0 ONE-WAY i o c PARALLEL �1�+ \oo PARKING CA/ ONE-WAY 30 DEGREE ANGLE PARKING \\\\\ t\P\\\\s\.\ N ONE-WAY 45 DEGREE ANGLE PARKING /%2:(‘Y// \~ \\* ONE-WAY 60 DECREE ANGLE PARKING / 0, //Alp / .nTWO-WAY 90 DEGREE ANGLE PARKING N O LAND USE REGULATIONS 4-7 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-1.OFF-STREET PARKING AND LOADING SPACES 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 I6' x 9' OR AS OTHERWISE SHOWN WILL APPLY. FOR OUTDOOR PARKING STALLS DIMENSIONS WILL BE 20' x 10' OR CURB, GUTTER AND WHEEL STOPS ARE INSTALLED `o 0 ( CD) Amb PARALLEL \0)0 _ PARKINGI GV `— / O/ 30 DEGREE I N ♦. ONE-WAY ANGLE PARKING / C \\4t . �� , N 45 DEGREE .4. ONE-WAY o ANGLE PARKING / IQ t \\* \\ \ N / In 4- ONE-WAY 60 DEGREE "co ANGLE PARKING / .—. Q .0. ......„ =A ri . o 0 GV G \ TWO-WAY r 90 DEGREE I ANGLE PARKING / I .. N HANDICAP PARKING / SINGLE SPACE AND o7 •1/ 0/1 .1' .4 / DOUBLE SPACE i cv 12'-0" I0'_<9 10'-d' 5'-0" / LAND USE REGULATIONS 4-8 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4. SITE DEVELOPMENT STANDARDS DIVISION 4-1.OFF-STREET PARKING AND LOADING SPACES F. 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. G. 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. 2. Tandem Parking Prohibited in Parking Structure. Tandem parking shall not be allowed when required parking is located within a parking structure or within a garage that serves multiple dwelling units. H. Backing Onto Roads Prohibited. All parking areas shall be located and designed in conjunction 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 exiting 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 required off-street parking areas shall be designed and constructed to facilitate the flow of traffic,provide maximum safety of traffic access and egress and the maximum safety of pedestrian and vehicular traffic on the site. 1. Minimum Width.The minimum width of the access driveway shall be twelve(12)feet 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 to residential uses or residential zone districts shall be designed to minimize disturbance to residents, including,but not limited to,installation of perimeter landscaping,control of illumination and proper screening of loading areas with opaque materials. Landscaping, screening and illumination of all parking areas shall comply with the standards of Article 4,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. LAND USE REGULATIONS 4-9 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4. SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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 to two and one-half(2.5)percent of the total area of the required off-street parking and loading area, inclusive of access drives, shall be designated to serve as a snow storage area. Provided,however,the applicant may submit information to the County to demonstrate 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 Parking Spaces Prohibited. Snow shall not be stored within required parking spaces, except on an emergency basis for a period not to exceed forty-eight(48)hours. 3. Storage in Yards and Open Space Permitted.Snow may be stored in required yards and 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. 4. Drainage.Adequate drainage shall be provided for the snow storage area to accommodate snow melt and to ensure it does not drain onto adjacent property. L. Pedestrian Circulation. Safe and efficient pedestrian circulation paths shall be provided between required parking areas and the entry to the building(s) on the site. As applicable, pedestrian circulation paths on the site shall also be connected to transit facilities and trails or paths on adjacent sites. M. Parking within a Planned Unit Development(PUD). 1. PUD Parking Plan. Parking within a Planned Unit Development(PUD)shall comply with 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. 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; LAND USE REGULATIONS 4-10 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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 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) LAND USE REGULATIONS 4-11 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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 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, LAND USE REGULATIONS 4-12 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4 SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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 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) LAND USE REGULATIONS 4-13 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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 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) LAND USE REGULATIONS 4-14 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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 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) LAND USE REGULATIONS 4-15 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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 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) LAND USE REGULATIONS 4-16 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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 A.12.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 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-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. LAND USE REGULATIONS 4-17 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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 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) LAND USE REGULATIONS 4-18 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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. 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 LAND USE REGULATIONS 4-19 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-1 LANDSCAPING AND ILLUMINATION STANDARDS 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 (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 detei urine 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 LAND USE REGULATIONS 4-20 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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. 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 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. LAND USE REGULATIONS 4-21 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4. SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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 31 St. (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 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 LAND USE REGULATIONS 4-22 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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 31St 2. Irrigation System. Irrigation shall only be applied to that portion of the landscaped area 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 also 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. LAND USE REGULATIONS 4-23 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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. 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 ofthe 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. LAND USE REGULATIONS 4-24 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS 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. 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. LAND USE REGULATIONS 4-25 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS 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 sixty-four(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 sixty-four(64) square feet in size. 14. Works of Fine Art. Works of fine art that in no way identify or advertise a product or 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. LAND USE REGULATIONS 4-26 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS 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 sound-making device. 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 day-to-day 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 LAND USE REGULATIONS 4-27 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS 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 lighter-than-air 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. 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 County 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: 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 LAND USE REGULATIONS 4-28 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS 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 Eagle County Building Resolution and the National Electric Code,which may require an electrical permit that will be subject to review by the Eagle County Building Department. 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 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. LAND USE REGULATIONS 4-29 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4. SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS 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 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 4-30 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS HEIGHT/SIGN SETBACK CALCULATION PROPERTY LINE torr BUILDING SETBACK ACTUAL BUILDING HEIGHT OR / HEIGHT/SETBACK LIMITATION LINE THE SIGN MAYBE ANYWHERE WITHIN THSETIS PROPERTY UNE / TRUNCATED PYRAMID 25'OR 50'SETBACK-----� BUILDING SETBACK LINE The formula for calculating Example: Setback requiremnet for on S. 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 LAND USE REGULATIONS 4-31 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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. 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 LAND USE REGULATIONS 4-32 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4. SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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 twenty-four(24) square feet and shall not be illuminated. 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. LAND USE REGULATIONS 4-33 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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. 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 thirty-two(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). LAND USE REGULATIONS 4-34 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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 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. LAND USE REGULATIONS 4-35 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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. 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. LAND USE REGULATIONS 4-36 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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. 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 pre-existing 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 LAND USE REGULATIONS 4-37 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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. 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 twenty-four(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. 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) LAND USE REGULATIONS 4-38 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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 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 LAND USE REGULATIONS 4-39 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS • 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. 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 theses 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 LAND USE REGULATIONS 4-40 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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; (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 (approximately450 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 certain of 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 LAND USE REGULATIONS 4-41 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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 Subdivision,Special Use, or PUD 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 Geologic Survey. 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. Special Use Applications. For development requiring a Special Use Permit, the application shall include only those materials described under Subsection 4- LAND USE REGULATIONS 4-42 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 420.D.2.b.(2), Preliminary Plan/ Special Use Permits in addition to the materials required for the Special Use Permit application pursuant to Article 5, Section 5-250 Special Uses. (am. 02/06/07) b. Minor Subdivision. For development requiring a Minor Subdivision of land, excluding condominium maps,subdivision oftownhomes,duplexes or patio homes, and lot line adjustments,the application shall include those materials described under Subsection 4-420.D.2.b.(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. (oris. 02/06/07) c. Development Involving Subdivision or Planned Unit Development Review. For any development subject to the procedures and standards of this Section that involves Subdivision or Planned Unit Development review, the Geologic Hazards Analysis shall be submitted in two(2)steps, as follows: (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. 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) (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 shall include LAND USE REGULATIONS 4-43 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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 Geologic Survey. During the staff review of the application, the Planning Director shall refer the application and Geologic Hazards Analysis to the Colorado Geologic Survey(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. b. 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) c. 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 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. 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 LAND USE REGULATIONS 4-45 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4• SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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. 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.); LAND USE REGULATIONS 4-46 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS (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. 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. LAND USE REGULATIONS 4-47 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4• SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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. 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; LAND USE REGULATIONS 4-48 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS • 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. LAND USE REGULATIONS 4-49 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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 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 LAND USE REGULATIONS 4-50 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS the plan will be implemented including,but not limited to, overlot vegetation thinning,creation of fuelbreaks and the installation of working fire hydrants, fire cisterns and or/dry hydrants prior to the introduction of combustible construction materials on the site; (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 4-430.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 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 fuelbreaks,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 pursuant to Chapter 3.10, Building Resolution of the Eagle County Land Use Regulation. (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 4-52 EAGLE COUNTY,COLORADO Article 4 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. (c) Fire hydrants shall be located in the public right-of-way pr at other locations as required and approved by the Local Fire Authority Having Jurisdiction. (d) 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. LAND USE REGULATIONS 4-53 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS (b) A dedicated turn-around shall be placed no more than fifty(50) 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 of NFPA 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 Section 4-620.D.9.a and Section 4-620.J.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. 03/21/06) 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. B. General Requirements. 1. Only New Technology Devices Permitted. Building or mechanical permits shall only be LAND USE REGULATIONS 4-54 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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. 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. 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: LAND USE REGULATIONS 4-55 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4. SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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: BRUSH CREEK ROAD GYPSUM CREEK ROAD US HIGHWAY 82 Corridor COLORADO RIVER ROAD LAKE CREEK ROAD US HIGHWAY 24 Corridor EL JEBEL ROAD SQUAW CREEK ROAD US HIGHWAY 131 Corridor FRYING PAN ROAD WEST LAKE CREEK ROAD 1-70 Corridor (am.07/17/06) C. Applicability. The provisions of this Section 4-450,Ridgeline Protection,shall apply to 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. LAND USE REGULATIONS 4-56 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION 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: (prig.07/17/06) 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,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.113.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 LAND USE REGULATIONS 4-57 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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 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 LAND USE REGULATIONS 4-58 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4. SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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.07/17/06) (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. (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: LAND USE REGULATIONS 4-59 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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; 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. 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. LAND USE REGULATIONS 4-60 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS (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. 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. LAND USE REGULATIONS 4-61 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4.• SITE DEVELOPMENT STANDARDS DIVISION 4-5 COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS 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. 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 LAND USE REGULATIONS 4-62 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-5 COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS 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 pre-empting 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. a. 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 LAND USE REGULATIONS 4-63 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-5 COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS 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. (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. (1) 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. LAND USE REGULATIONS 4-64 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-5 COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS (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. 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. 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. LAND USE REGULATIONS 4-65 EAGLE COUN7Y,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-5 COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS 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. 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. LAND USE REGULATIONS 4-66 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-5 COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS 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. 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. 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. Standards Are Not Inflexible.These design criteria and standards provide a certain level of performance, however,they are not inflexible. If an alternate design,procedure, or material can be shown to provide performance and/or environmental sensitivity which reflects community values equal to or better than that established by these standards,said alternative may be recommended for approval by the County Engineer. In evaluating the proposed LAND USE REGULATIONS 4-67 EAGLE COUNTY COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS alternate the County Engineer shall follow the procedures in Section 5-260.G.,Variance From Improvement Standards. The County Engineer's evaluation shall consider whether the alternative will provide for an equivalent level of public safety and whether the alternative will be equally durable so that normally anticipated user and maintenance costs will not be increased. 3. 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. Intent. The intent of these standards is to promote and provide a system of county roads that 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. B. Consistency With Other Standards. These Roadway Standards are generally consistent with the recommendations of the American Association of State Highway and Transportation Officials (AASHTO)and those of the Institute of Transportation Engineers(ITE). These standards also reflect the guidelines and recommendations of the Colorado Department of Transportation (CDOT), Transportation Research Board(TRB),United States Forest Service(USFS),National Park Service (NPS),Bureau of Land Management(BLM),Manual on Uniform Traffic Control Devices(MUTCD), and others. If there is a difference in the standards set forth in this Division and those referenced in any manual referenced in this Division,then the standards set forth in this Division shall govern. 1. Conformance with Colorado Highway Commission Standards.C.R.S. '43-2-114 states that the general standards for county primary roads shall be those adopted by the Transportation Commission for the state highway system for the corresponding class of county road in the state highway system. The Colorado Highway Commission adopted and approved said standards by Resolution No. 2297-D on June 20, 1991. The 1991 Standard Specifications for Road and Bridge Construction identified in that Resolution incorporates the 1990 Roadway Design Manual, published by CDOT, and also incorporates the geometric design standards of AASHTO. The County road improvement standards that are contained herein are intended to be in conformance with AASHTO. a. All guardrail that is to be constructed within Eagle County rights of way must conform to the current Colorado Department of Transportation Standards and LAND USE REGULATIONS 4-68 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS Specifications for Road and Bridge Design and the Standard Plans M&S Standards. (orig 3/12/02) b. U.S.Department of Transportation Federal Highway Administration Metric Standard Steel Backed Guardrail Type A and B,designated as M617-60 and M617-61,may be installed on roads which are maintained by private entities, such as metro districts. (orig 3/12/02) 2. Conformance With 1990 Road Design Manual. The County road improvement standards presented herein are intended to apply to roadways having or projected to have traffic volumes of three thousand(3,000)vehicles per day or less. a. Roads Having Greater Volumes. The design of any roadway having,or projected to have,a volume of traffic greater than three thousand(3,000)vehicles per day shall be in compliance with the 1990 Roadway Design Manual, Sections 100 through 1000, inclusive. The design for such roadways shall also consider such other pertinent factors as are identified by the County Engineer, including, but not necessarily limited to, greater setbacks for noise buffering; climbing lanes; paved 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 roadway's carrying capacity; and curve widening based on truck traffic. b. Local Roads. Local roads are defined in the 1990 Roadway Design Manual 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 for off system and low volume roads are in conformance with the minimum criteria presented in AASHTO's 1994 A Policy on Geometric Design of Highways and Streets. The alternate standards are envisioned to cover both construction and reconstruction of roads and to recognize the importance of sight distance as a safety requirement in the construction or reconstruction of roads. C. Functional Classifications Under ISTEA. The functional classifications contained herein are meant to compliment and supplement the Highway Functional Classifications used by the U.S.Department of Transportation. Under the Intermodal Surface and Transportation Efficiency Act(ISTEA),enacted in 1991, all higher category roads in the United States were classified. In Eagle County the classifications under ISTEA are as follows: 1. Principal Arterials, Interstate. I-70 is the only principal interstate arterial in unincorporated Eagle County. 2. Principal Arterials,Other Freeways or Expressways.There are no freeways or expressways 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 131 are the only minor arterials in unincorporated Eagle County. LAND USE REGULATIONS 4-69 EAGLE COUN7Y,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS 5. Major Collectors. The major collectors in unincorporated Eagle County are Highway 6, Brush Creek Road, Cottonwood Pass Road including Gypsum Creek Road connecting to Highway 6 in Gypsum,Fryingpan Road and Trough Road. 6. Minor Collectors.The minor collectors in unincorporated Eagle County are Colorado River Road, Cooley Mesa Road, Deep Creek Road, El Jebel Road/Upper Cattle Creek Road, Gypsum Creek Road,Homestake Road, and Sweetwater Road. 7. Local Roads.All other roads in unincorporated Eagle County are classified as local roads. D. Functional Classifications By County. In addition to the road classifications under ISTEA,Eagle County classifies other roads in the county as Major and Minor Collector Roads, both Rural and Urban,due to their functional characteristics as defined by AASHTO. The user of these Improvement Standards may,therefore,find a dual classification for some Eagle County roads. For administrative and design purposes,roads shall be classified as shown in Classification of Roads in Eagle County. The current classification is attached hereto as Appendix C and will be replaced as the classification is amended from time-to-time by the County Engineer. Roads within the jurisdiction of unincorporated Eagle County are classified as follows: (am 9/27/99) 1. Rural Major Collectors.Rural major collectors serve as inter-county and intra-county routes in Resource zone districts that handle traffic volumes of up to three thousand(3,000)vehicles per day and more as they pass through urban and suburban areas. The lengths of such roads are generally significant in extent. Surfaces can be either gravel or pavement,as dictated by traffic volumes. Design and posted speeds range from thirty(30)to sixty(60)mph. On-street parking on such roads is prohibited and off-street parking must be specifically provided for. Access is regulated and intersection spacing is at least one-half(0.5)mile. Traffic noise from such roads on adjacent uses may be mitigated. 2. Rural Minor Collectors. Rural minor collectors serve as intra-county roads of moderate length connecting residential areas to commercial and industrial areas,and to major collectors in Resource zone districts that handle traffic volumes up to four hundred(400)vehicles per day. They may also traverse considerable distance. Design and posted speeds range from twenty (20) to forty (40) mph, depending upon terrain. Surfaces are treated gravel or pavement, depending on traffic volumes. Access to adjacent properties is limited and may require turn lanes, depending on traffic volumes. Intersection spacing ranges from six hundred(600)feet when design speeds are at or above thirty-five(35)mph,to three hundred (300)feet at design speeds below thirty-five(35) mph. On-street parking on such roads is prohibited and off-street parking must be specifically provided for. 3. Rural Access Roads. Rural access roads are country in nature,access ranch areas or public lands in Resource zone districts that handle a very low volume of traffic(less than fifty [50] vehicles per day)on gravel or dirt surface roads. Design and posted speeds range from fifteen (15)to twenty-five(25)mph, depending upon terrain. Though tangent sections are narrow, curves are widened generously to accommodate recreational vehicles,particularly if they are towing another vehicle,or to accommodate logging trucks. Turnouts are provided as terrain permits,however,the maximum spacing on turnouts should not exceed one-half(0.5)mile. 4. Rural Residential Roads.Rural residential roads generally serve development that has not LAND USE REGULATIONS 4-70 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS been clustered in the Resource Limited (RL), Agricultural Residential (AR), Agricultural Limited(AL),and Rural Residential(RR)zone districts. Rural residential roads include rural residential collector roads and internal rural residential roads. a. Rural Residential Collector Roads.Rural residential collector roads are generally moderate in length(less than four[4] miles)and handle traffic volumes of less than 3,000 vehicles per day. These roads serve as a transition between higher classification roads and the associated residential area. Direct lot access is generally discouraged, and requires specific approval by the County Engineer. Design and posted speeds are generally terrain dependent and relatively low, in the range of twenty-five(25)to thirty-five(35) mph. b. Internal Rural Residential Roads. Internal rural residential roads generally have lot frontages of greater than two hundred (200) feet and handle traffic volume of less than two hundred-fifty (250) vehicles per day. Paved roads with side ditches and culverts generally serve well for these roads. Paths or sidewalks are not generally provided and on street parking is prohibited. Design speeds range from twenty(20) to thirty(30) mph. 5. Suburban Residential Roads. Suburban residential roads serve development that has not been clustered in the Residential Suburban Low Density (RSL) and Residential Suburban Medium Density (RSM) zone districts. Suburban residential roads include suburban residential collector roads and internal suburban residential roads. a. Suburban Residential Collectors. Suburban residential collectors are generally short in length(less than one(1)mile)and handle traffic volumes of less than three thousand (3,000) vehicles per day. Design speeds vary from twenty (20) to thirty (30) mph, dependent upon terrain, and direct residential lot access is prohibited. Extensive berming and planting are generally necessary along these roads to provide a buffer between traffic and residents. Suburban residential collectors shall have detached paths and transit facilities may be required as part of the street system. Attached paths are permitted where terrain mandates such designs. On street parking shall be prohibited. Internal Suburban Residential Roads. Internal suburban residential roads are shorts roads, with lengths of less than one-half(0.5)mile road whose segments are encouraged to be discontinuous so the internal roads do not function as collectors. They have design and posted speeds between twenty(20)and thirty(30)mph. Lot frontages are generally between seventy-five(75)feet and one hundred-twenty-five(125)feet. Paved roads with curb and gutter and sidewalks or an extensive paved path system are required. Intersection spacing may range down to three hundred(300) feet. 6. Urban Residential Roads.Urban residential roads are generally associated with residential developments and those portions of Planned Unit Development(PUD)zone districts having an urban density. (am.3/21/06) a. Urban Residential Collectors.Urban residential collectors are generally very short in length(less than one half[0.5]mile)and handle traffic volumes of less than three thousand (3,000) vehicles per day. They serve to feed traffic into the heart of the associated residential area and serve as a section of road for turn lanes and vehicle LAND USE REGULATIONS 4-71 EAGLE COUNTY.COLORADO Article 4 ARTICLE 4. SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS stacking when exiting the area. Direct access onto such roads is prohibited. Design and posted speeds vary from twenty(20)to thirty(30)mph. Berming and planting with detached sidewalks and curb and gutter shall be required. b. Internal Urban Residential Roads.Internal urban residential roads are very short in length(less than one half[0.5]mile)and handle traffic volumes of less than seven hundred-fifty(750)vehicles per day. The segments of these roads are encouraged to be discontinuous so they do not function as collectors. These roads are paved with curb and gutter and detached sidewalks are required (paths are not an acceptable substitute). Off-street parking shall be provided and on-street parking shall be prohibited. Transit facilities are required as part of the street 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 speed would be twenty-five (25) mph. Off-street parking is typically required, however,on-street parking may instead be appropriate where there are lower traffic volumes. Transit facilities are required as part of the street system, as are street lighting and design features that accommodate pedestrians. The design of commercial roads shall consider intersection sight distance, separation of driveways from intersections, the need 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 attached or detached sidewalks are required,as is off-street parking. Design speed is twenty-five(25) mph. The design of industrial roads shall also consider the special needs of single and multi- unit truck operations and provide intersection and driveway sight distances that are large to allow for the greater time it takes these trucks to enter a roadway. 9. Urban Cul-de-sacs. (am 03/21/06.) Urban cul-de-sacs are short, dead end roads intended to serve residential or commercial developments in areas serviced by centralized domestic water delivery systems managed by a municipal or special operating district. For the purpose of these regulations,and pursuant to Section 4-620.J.1.h.,Dual Access,properties located on an urban cul-de-sac do not require dual or secondary emergency access. a. Maximum Length or Maximum Number of Residential Units. In general, the maximum length of an urban cul-de-sac shall be 1,000 feet. In larger lot suburban settings the maximum length rule may be interchanged with a provision that allows no more 12 units on each side of the street for a total of twenty five (25) contiguous residential units per road. The Local Fire Authority Having Jurisdiction shall provide a recommendation regarding the design of urban cul-de-sacs for any new development or re-development proposal. Based on the number of units to be served,the wildfire hazard, the placement of fire hydrants and the capacity and pressure of the local water system,it may be determined by the Local Fire Authority Having Jurisdiction that the 1000 foot length or the maximum of 25 dwelling units is excessive. b. Road Design Standards. The physical characteristics of any urban cul-de-sac road shall be based on applicable provisions of Section 4-620.D.,Roadway Standards,Functional Classification By County, unless otherwise determined appropriate by the County Engineer. LAND USE REGULATIONS 4-72 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS c. Turnarounds at Road End.All urban cul-de-sacs shall terminate in a circular, "T"or "L" type turnaround constructed in accordance with Section 4-620.D.11., Vehicle Turnarounds. d. Non-motorized Pedestrian Links. When urban cul-de-sacs are incorporated in a residential or commercial development, applicants are encouraged to provide non- motorized links between cul-de-sacs, which may be credited towards any applicable requirements for open space or trails for the development. 10. Rural Cul-de-sacs.(am 03/21/06) Rural cul-de-sacs are dead end roads longer than 1000 feet in length that serve residential or commercial uses in areas where dual or secondary emergency access is not possible, and/or where centralized domestic water delivery is not available. As a matter of public safety,all reasonable effort shall be made to avoid the use of rural cul-de-sacs. a. Driveways Exempt. Driveways that serve three(3)or fewer residential units shall not be considered rural cul-de-sacs, but shall be required to conform to Section 4-620.J.9, Access Approaches and Driveways. b. Year-round Access Required. Rural cul-de-sacs will only be considered in those cases where year-round access can be assured by virtue of minimum grades and flatter curvature. c. Road Design Standards. The physical characteristics of any rural cul-de-sac road shall be based on applicable provisions of Section 4-620.D.,Roadway Standards,Functional Classification By County, unless otherwise determined appropriate by the County Engineer. d. Emergency Vehicle Turnaround Areas. Emergency vehicle turnaround areas shall be required on rural cul-de-sacs at the initial 1000 foot mark and at 1000 foot intervals for the remaining length of the road. The Local Fire Authority Having Jurisdiction may recommend an alternative spacing plan for turnaround areas. The turnaround shall be constructed in accordance with Section 4-620.D.11, Vehicle Turnarounds. e. Turnarounds at Road End. All rural cul-de-sac roads shall terminate in a circular,"T" or "L" type turnaround constructed in accordance with Section 4-620.D.11., 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: (1) An on-site fire fighting water supply source acceptable to the Local Fire Authority Having Jurisdiction; or (2) Monitored sprinkler systems in all residential and commercial buildings as determined appropriate by the Local Building Official and the Local Fire Authority Having Jurisdiction; or LAND USE REGULATIONS 4-73 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS (3) A combination of items (1) and (2) as determined appropriate by the Local Building Official and the Local Fire Authority Having Jurisdiction. g. Variance Required Any proposal for development that requires access by a Rural Cul- de-sac shall be required to obtain a variance from Section 4-620.J.1.h.,Dual Access as provided herein. The Board of County Commissioners may, at their discretion,grant a variance subject to the provisions of Section 4-620.J.1.h., Dual Access and Section 5- 260.G., Variance from Improvement Standards or, in the event that a Planned Unit Development is proposed, subject to the provisions of Section 5-240.F.3.e(8) Improvements. 11. Vehicle Turnarounds a. Preferred Design. Circular offset turnarounds are preferred,as illustrated in Exhibit 5-8 ofA POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS, 2001, published by AASHTO. Cul-de-sacs may also terminate in a "T" or "L" shaped turnaround as illustrated in the above-referenced Exhibit 5-8. (am 12/17/02) (am.3/21/06) b. Minimum Standards for Radii. Cul-de-sacs serving less than ten(10)residential units shall have a minimum thirty (30) foot radius bulb at the end. Cul-de-sacs serving ten(10)or more residential units shall have a minimum forty(40)foot radius bulb at the end. These minimum bulb radii presume the cul-de-sac is bordered by mountable curb or a four foot aggregate base course shoulder. In the event that the cul-de-sac is bordered by a barrier curb, then five (5) feet shall be added to the previously stated minimum radii. c. Snow Storage. Easements or open space areas of appropriate size to provide adequate snow storage,as determined by the Eagle County Engineer,shall be located immediately adjacent to vehicle turnarounds. d. Temporary Cul-De-Sacs and Turnarounds. Temporary cul-de-sacs or turnarounds may serve any classification of road, as determined by the County Engineer,to accommodate continuation of the road to adjoining properties when they are developed. These temporary cul-de-sacs or turnarounds must accommodate WB-12 design vehicles, and must be clearly identified as dead end streets through proper signage, in accordance with the MUTCD. The Local Fire Authority Having Jurisdiction shall provide a recommendation regarding the use of temporary cul-de-sacs or turnaround. (am03/21/06) E. Traffic Impact Study. Proposed developments that are expected to generate more than four hundred (400)vehicle trips per day shall conduct a traffic impact analysis to determine the need for additional improvements on roadways affected by the proposed development. 1. Trip Generation 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 traffic for the study area is not available, considering existing zoning, then the Twenty (20)Year LAND USE REGULATIONS 4-74 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS 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 and practices.It shall be prepared by a Professional Engineer competent in the field of transportation engineering, and shall include such information as current and projected background traffic volumes,projected development traffic volumes,calculated capacity and level of service of existing and proposed roadways and intersections affected by the development, including warrants for turn lanes, channelization and signalization. F. Design Traffic Volume and Design Period. Key factors in the classification and design of any roadway are the amount(and type)of traffic that the roadway is expected to carry and the time period for forecasting traffic volumes on the roadway. 1. Design Traffic Volume. Design traffic volume shall be measured as annual average daily traffic (AADT), except for traffic volumes in excess of four hundred (400) AADT, which shall use the peak hour design hourly volume(DHV)as the basis for the design period. 2. Design Period. The design period for the design of new and upgraded roadways shall be twenty(20)years from the forecasted date of completion of the project. G. Level Of Service. Roadways in unincorporated Eagle County shall function at Level of Service"C" or better. Intersections, both signalized and un-signalized, in unincorporated Eagle County shall function at Level of Service "D" or better. For purposes of this evaluation, these Levels of Service shall be as defined in the latest edition of the HIGHWAY CAPACITY MANUAL,published by the Transportation Research Board. The methodology for computing the Level of Service shall be as specified in the latest edition of the HIGHWAY CAPACITY MANUAL. H. Right-Of-Way Width. Minimum right-of-way widths for all classifications of roadways in Eagle County are shown in Table 4-620 J.,Summary Of Environmental,Geometric And Design Standards. Sufficient right-of-way shall be provided to contain:travel lanes or driving surfaces;curb and gutter, when required; shoulders, drainage side ditches and other structures, when curb and gutter is not required;provisions for snow storage,particularly at higher elevations;utilities;facilities for bicycles and pedestrians, when required; cut and fill slopes and/or retaining walls; and, as applicable, future improvements of the roadway. 1. Additional Right-of-Way for Rolling and Mountainous Terrain. The right-of-way widths set forth in Table 4-620 J., Summary Of Environmental,Geometric And Design Standards, are the minimum necessary to accommodate roadway construction on level terrain. Additional right-of-way shall be provided to accommodate cuts and fills in rolling and mountainous terrain,considering that the roadway and associated slopes are a structure and should be structurally independent of development on adjacent property. The additional right- of-way for cuts and fills and their buffers may be in the form of a dedicated roadway maintenance easement. Sight Distance. LAND USE REGULATIONS 4-75 EAGLE COUNTY COLORADO Article 4 ARTICLE 4• SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS 1. Setbacks. Setbacks for structures, as established in these Land Use Regulations, shall be measured from the outside edge of the roadway maintenance easement. 2. Compliance With AASHTO Manual. In the design and construction or reconstruction of roadways in unincorporated Eagle County,sight distance shall be provided that complies with the latest edition of A POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS, Chapter III, published by AASHTO. Roadways that operate at functional classifications higher than residential or other low speed urban streets shall also provide sufficient sight distance to allow drivers to occupy the opposing traffic lane while passing slower vehicles without hazard to themselves or others. 3. Design Considerations. The greatest impact of providing sufficient sight distance will likely be on the vertical alignment of the roadway. However, horizontal alignment may also be affected by requiring flatter curves, in order to avoid sight obstructions due to terrain, vegetation, or man made features. Roadway design shall take into account the following design considerations: a. Sight Distance Restrictions. Where an object off the roadway and within the right- of-way such as a guardrail, cut slope, or natural growth restricts sight distance,the minimum radius of horizontal curvature shall be determined by the stopping sight distance. b. No Sight Distance Restrictions. Where there is no sight distance restriction within the right-of-way,the right-of-way line shall be considered to be the restriction. The necessary stopping sight distance on such horizontal curves may be determined with the aid of Figure 4-620#1,Stopping Sight Distance On Horizontal Curves. When the design speed and clear distance (M) are known, this figure also provides the minimum centerline radius that satisfies these conditions. c. Sight Distance Restrictions At End of Downgrades. Where sight distance restrictions occur at the end of downgrades,an increase shall be made in the stopping sight distance in accordance with the values listed in the latest edition ofA POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS,Chapter HI,Table HI-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, frequent and long passing sections are essential. On roadways with intermediate to low volumes, the need is not as great, but passing sections are still an important 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 sight distances, or two (2) times the values listed for the various design speeds. Meeting sight distance is encouraged on narrow, low volume roads. J. Geometric Standards. All roads within unincorporated Eagle County,whether publicly or privately maintained, shall conform to the design standards and requirements shown in Table 4-620.J., Summary of Environmental, Geometric and Design Standards. LAND USE REGULATIONS 4-76 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS SEE SEPARATE 11 X 17 TABLE INSERT: Table 4-620.J.SUMMARY OF ENVIRONMENTAL, GEOMETRIC AND DESIGN STANDARDS. 1. Horizontal Alignment. The following special considerations for horizontal alignment shall apply to the design and construction or reconstruction of roadways in Eagle County: a. Compound Curves.The use of compound curves in proposed alignments is strongly discouraged, due to the potential deception they offer motorists, particularly when traveling from the larger to the smaller radii. (1) Standards When Compound Curves Are Necessary. If compound curves must be used to allow the roadway to better fit the existing terrain,then the ratio of the flatter radius to the sharper radius shall not exceed 1.5:1. Where feasible, a smaller difference in radii should be used;a desirable maximum ratio is 1.75:1. At intersections where motorists accept 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 in enabling change from tangent or flat-curve to sharp-curve will be lost. b. Reversal of Alignment. Any abrupt reversal in alignment should be avoided. Such a change makes it difficult for a driver to keepwithin his own lane. It is difficult to superelevate both curves adequately, and hazardous and erratic operation of the vehicle may result. (1) Suitable Design. A reversal in alignment can be designed suitably by including a sufficient length of tangent between the two (2) curves for superelevation runoff,or preferably,an equivalent length with spiral curves. The distance between reverse curves should be the sum of the superelevation runoff lengths and the tangent runout lengths. (2) Sufficient Distance Not Available. If sufficient distance is not available to permit the tangent runout lengths to return to normal crown section,there is a long length where the edges of pavement and centerline are at the same elevation and poor transverse drainage can be expected. In this case, the tangent runouts may be eliminated and the superelevation runoffs joined, thus providing one(1) instantaneous level section. (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 (50) feet shall be provided between all horizontal curves to facilitate steering and control. LAND USE REGULATIONS 4-77 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS c. Curves. The "broken-back" or "flat-back" arrangement of curves (having a short tangent between two curves in the same direction)should be avoided because most drivers do not expect succeeding curves to be in the same 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 connecting tangent is of considerable length. d. Simple and Spiral Curves. Figure 4-620 #2, Simple Curve, Figure 4-620 #3, Spiraled Curve,and Figure 4-620#4,Relationship,Simple vs Spiral Curve,illustrate simple and spiral curves,their derivation and function. e. Travel Lane Widening. To compensate for off-tracking as a vehicle follows a curve (rear wheels tracking inside the front wheels),travel lane widening shall be provided on certain classifications of roadway. (1) Standards.Travel lane widening shall occur on the inside edge of the curve only,with the inside shoulder"kicked"out until a minimum of three(3)feet of shoulder is left. The amount of travel lane widening to be 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 to three(3)of the six(6)feet may be used for inside edge widening. In this example, if four (4) feet of widening is required the total shoulder width would be seven (7) feet. The gravel shoulder available for "cutting the curve"becomes less and encourages traffic to stay on the pavement,and the transition extends over the same length as the superelevation runoff.. f. Switchbacks. Switchbacks are generally not considered a good roadway design solution,but may be the only alternative for gaining elevation in mountainous terrain. (1) Minimum Tangent Separation. When switchbacks must be used, each switchback shall have a tangent separation of not less than two(2)times the minimum stopping sight distance from the last or next switchback,adjusted for grade in accordance with the latest edition of ASSHTO'sA POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS, Chapter III, Table III-2.,Effect of grade on stopping sight distance-wet conditions. This is especially important on hillsides,on slopes steeper than twenty(20) percent, and where visually, switchbacks will create a major impact. LAND USE REGULATIONS 4-78 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS Table 4-620 J.l.e.,Lane Widening on Curves(Reserved) - WITHWIDTH INSIDE LANE WIDENING, IN FEET, FOR TWO LANE ROADWAYS A TANGENT 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 25 0-5-05- 1 1.5 1.5 3.5 3.5 2 0.0 0.0 0.0 0.5 05 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 0.0 0.0 0.5 05 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 3 1.5 1,5 3.5 3.5 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 1.01.0 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 7 102.0 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 4.0 4.0 8 1.0 1.0 1.5 1.5 2.0 2.0 2.0 2.5 2.5 3.0 3.0 3.0 8 2.0 2.0 4.0 4.0 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 2. 2. 2S 3,0 3.0 3.5 10 2.0 111 4.0 11 2.01.5 2.00 2.00 2.5 r 3.0 3.0 3.5 11 2.0 4.0 12III2.0 .0 .5 DJ 3.0 =mug 3.0 3.5eki 4.0 um12 2.0 La 4.0 laj 13 2.0 2.02.52.53.03.0 3.03.53.54.04.04.00 113 .55 .5 14 2.0 2.02.52.53.03.0 3.03.53.54. 4 2.52.52.524.54. 4,54 15-16 2.52.53.0 3.53.54.0 15. 2.52.54.54.5 17-18 2.53.03.0 3.54.04.0 16-202.53.04.55.0 19-20 3.03.03.5 4.04.04.5 21-233.03.05.05.0 21-23 3.03.54.0 4.04.54.5 24=293.03.55.05.5 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 5,5 37-41 5.0 6.0 :5046 6.0 11111117.0!111111111 51-55 6.5 7.5 56-60 7,0 8.0 NOTES: For values less than 2.0 feet lone widening is not necessary. Where semitrailers ore significant, increase tabular values of widening by 0,5 for curves of 10'to 16; and by 1.0 for curves 17'and sharper. EAGLE COUNTY ENGINEERING DEPARTMENT LANE WIDENING TABLE ON CURVES 4-620 J.1.e DRAWN REVISED SHEET 1 OF� LAND USE REGULATIONS 4-79 EAGLE CO UN 77,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS (2) Direct Lot Access. Direct lot access is not permitted on the tangent sections between switchbacks that are separated by the minimum distance outlined above. To gain lot access on the tangent section separating the switchbacks there must be the required minimum sight distance from intersecting streets and driveways from both switchbacks,as shown in Table 4-620 J.,Summary Of Environmental, Geometric And Design Standards. (3) Lane Widening. Lane widening for switchback curves shall reflect AASHTO Design and Traffic Condition III-C. The minimum allowable centerline radius for switchback curves is shown in Table 4-620 J.,Summary Of Environmental,Geometric And Design Standards. The eighty(80)foot minimum radius is based on the recommendations of the ModelRe'ulations For Protecting People and Homes From Wildfire in Subdivisions and Developments promulgated by the Colorado State Forest Service. A review of multiple-unit vehicle turning radii and pavement width occupation shows that an eighty (80) foot radius is the minimum radius a large vehicle can make and yet not occupy more than its own lane, even with travel lane widening on the inside of curves. g. Street Pattern. The street pattern in the proposed development shall generally conform to any adopted County master plan for future development of the adjoining areas. Proposed streets or roadways within three (3) miles of any incorporated municipality shall conform to the street system and standards or official street plan of said incorporated municipality. (1) Continuity of Alignment. Where appropriate to the design,the streets shall be continuous and in alignment with the existing platted streets with which they are to connect. (2) Extend to Boundary Lines. Proposed streets shall be extended to the boundary lines of adjacent land, if the applicable adopted County Master Plan indicates the adjacent land will be suitable for development,unless the extension is prevented by topography or other physical conditions. 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 ingress/egress to the public roadway system shall be provided,such that in the event a road within the subdivision becomes impassable,all properties will continue to have access to a public roadway system. Both points of access should be open and available for daily use. In the event that this is not possible,and at a minimum,there shall be provided a secondary emergency point of ingress/egress equipped with emergency breakaway barriers capable of accommodating emergency response vehicles commonly operated by the Local Fire Authority Having Jurisdiction for all new development or redevelopment. Secondary emergency access points must be kept free of obstruction, and must be maintained to assure year round use. Depending upon the length of the road,the wildfire hazard rating,the number of units proposed, the topography and the recommendation of the Local Fire Authority Having Jurisdiction, the Board of County Commissioners may, at their discretion, grant a variance from this required improvement standard. (am. 03/21/06) LAND USE REGULATIONS 4-80 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6IMPROVEMENTS STANDARDS 2. Vertical Alignment. The following special considerations for vertical alignment shall apply to the design and construction or reconstruction of roadways in Eagle County: a. Terrain Classification. Terrain in Eagle County can be characterized within one(1) of the following three(3)categories: (1) Level Terrain. Level terrain is that condition where roadway sight distances, as governed by both horizontal and vertical restrictions, are generally long or could be made so without construction difficulty or major expense. The average natural cross slopes on level terrain are less than eight (8)percent. (2) Rolling Terrain. Rolling terrain is that condition where the natural slopes consistently rise above and fall below the roadway grade and where occasional steep slopes offer some restriction to normal horizontal and vertical roadway alignment. The average natural cross slopes on rolling terrain are between eight(8)percent and fifteen(15)percent. (3) Mountainous Terrain. Mountainous terrain is that condition where longitudinal and transverse changes in the elevation with respect to the roadway are abrupt and where benching and side hill excavation are frequently required to obtain acceptable horizontal and vertical alignment. The average natural cross slopes on mountainous terrain are greater than fifteen(15)percent. (4) Combination of Terrain Types. A parcel may contain all or any combination of these terrain types. Terrain that has varying characteristics shall be classified within the above categories,and shall provide a transition in design speed between each category in five(5) mph increments, spaced seven hundred-fifty (750) feet apart. Ten (10) mph increments may be considered for approval by the County Engineer upon the applicant's demonstration that circumstances warrant. Part of this determination shall be based on the review of cross sections and cost estimates for both cases prepared by the applicant's engineer. b. Maximum Grade.The maximum grade for each classification of roadway in Eagle County is illustrated in Table 4-620 J,Summary Of Environmental,Geometric And Design Standards. (1) Ability to Negotiate Grade. A maximum grade of eight (8) percent is generally negotiable under year-round conditions by two (2) wheel drive vehicles with mud and snow tires where stopping and starting are not required. Steeper grades may require four(4) wheel drive and/or studded mud and snow tires under winter snow and ice conditions. (2) Maximum Grade in Suburban and Urban Areas. A maximum grade of six(6)percent is more appropriate for suburban and urban areas,where the frequency of stopping and starting is increased. LAND USE REGULATIONS 4-81 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS (3) Special Design Considerations. Special design considerations regarding grades are required for intersections and driveway approaches and on switchback curves (see sub-sections 4-620 J.4., Intersections, 4-620 J.9., Access Approaches and Driveways, and 4-620 J.1.f, Switchbacks). (4) Low Volume Roadways. On low volume roadways (AADT of four hundred[400]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,subject to the approval of the County Engineer. There shall be no access approaches in the segment with the increased grade. c. Vertical Curves. Vertical curves shall conform to the criteria set forth in the latest edition of A POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS, Chapter 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 difference in grade does not exceed four-tenths(0.4)percent when curb and gutter is used, the grade break will be permitted, except at intersections, where algebraic differences in grade of eight-tenths (0.8) percent will be permitted to facilitate the warping of the side street to meet the through street. (2) Rural Roads. On rural roads not bordered by curb and gutter, vertical curves are not required when the algebraic difference in grade is one (1) percent or less. (3) Sag Vertical Curves. The minimum grade within a sag (sump) vertical curve is one-half(0.5) percent. This will require manual calculations and labeling at the low point of the sag vertical curve. d. Cross Slope. (1) Roadways Shall Be Level. Except at intersections,or where superelevation is required,roadways shall be level,as measured perpendicularly,from top of finished edge of pavement to top of finished edge of pavement, or from top of curb to top of curb when curb and gutter is required and shall have a two (2) percent crown as measured from centerline to finished edge of pavement,or lip of gutter when curb and gutter is required,or lip of median curb to lip of outside curb on roadways with raised center islands. Parabolic or curved crowns are not allowed. LAND USE REGULATIONS 4-82 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS (2) Warped Intersections. Maximum pavement cross slope allowed is four(4) percent at warped intersections, as measured above. In no case shall the pavement cross slope at warped intersections exceed the grade ofthe through street. The rate of change in pavement cross slope, when warping side streets at intersections, shall not exceed one (1)percent every twenty-five (25) feet horizontally on low volume residential roads and streets, one (1) percent every thirty-seven and one-half(37.5)feet horizontally on suburban and urban residential streets,or one(1)percent every fifty-six and one-half (56.5)feet horizontally on collector roads and streets. 3. Superelevation. Horizontal curve radius and superelevation shall be in accordance with the recommendations of the latest edition ofAASHTO'sA POLICY ON GEOMETRIC 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 in AASHTO's A POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS, Chapter III, 1994. Super Diagrams and Plot Exaggerated Profiles are not mandatory, but may be required by the County Engineer to evaluate proposed roadways. a. Horizontal Centerline Radius, Degree of Curvature and Centerline Design Grade. Establish horizontal centerline radius, degree of curvature and centerline design grade. Centerline design grade shall be the actual centerline of roadways without raised medians, or median top of curb, or flowline or lip of median gutter (which shall be level across the median except at turn lanes)on roadways with raised medians. The method of attaining superelevations shall be rotation about the centerline on roadways without raised medians or rotation about the median top of 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 runoff required for the degree of curvature. Superelevation runoff is that length of roadway needed to accomplish the change in cross slope from a section with the adverse crown removed (flat) to 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 to establish the length of tangent runout required,and pavement cross-slopes generated through the transition from the normal cross section to full superelevation,or vice versa. Intervals at which pavement cross slopes are read shall not exceed twenty-five (25) feet and should be read at even twenty-five foot(25)stations along centerline(7+25,7+50,not 7+28.79,7+53.79). Tangent runout is that length of roadway needed to accomplish the change in cross slope from a normal (two [2] percent) crown section to a section with the adverse crown removed(flat), or vice versa. LAND USE REGULATIONS 4-83 EAGLIs COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS Note: The superelevation runoff is located about the horizontal P.C. or P.T. of the curve at a two-thirds/one-third(2/3:1/3)ratio,with approximately two-thirds(2/3)of the total length required for the superelevated runoff being achieved prior to the 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 top of curb using the grade originally established. Next plot both of the outer tops 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 one (1) inch equals twenty-five (25) feet or larger horizontally and one(1) inch equals one(1)foot vertically. e. 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. 4. 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 classification,the more important roadway,as determined by volume of traffic,shall have this precedence. Warp side streets to match through streets with as an effective and short transition as possible. b. Design Factors. Factors that shall determine the elevation of the point of curb or edge of pavement return on the side street and the amount of warp needed on a side street transitioning to a through street are: (1) Permissible Grade. Permissible grade in the stop/start lane,as described in sub-section 4-620 J.5.,Intersection Grade. (2) Pavement Cross Slope. Pavement cross slope at the Point of Curb Return or Beginning/End of Curve on the side street and permissible warp in pavement cross slope,as described in section 4-620 J.2.d., Cross Slope. (3) Vertical Curve Criteria. Y LAND USE REGULATIONS 4-89 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS (4) Curb Returns. Vertical controls within the curb return itself,as described in sub-section 4-620 J.6.,Curb Returns. c. Elevation. The elevation at the P.C.R. of the curb return or B.C. on the through street shall be set by the grade of the through street in conjunction with normal pavement cross slope(two [2]percent)or the rate of superelevation. d. Crown of the Side 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 Type R Curb Inlet,Standard M-604-12. Tipping an inlet for the benefit of drainage is also not permitted. f. Major Intersections. At a major collector-major collector intersection, a more detailed review of the entire intersection's driveability will be required. Few major intersections will have a uniform two (2)percent cross slope,the majority of them having one or more sides warped. See sub-section 4-620 J.2.d., Cross Slope, for information concerning warping of pavement at intersections. g. Curb and Gutter. When curb and gutter is required,separate flowline profiles,and pavement cross slopes in the plan view may also be required by the County Engineer. Spot elevations in the intersection shall also be shown,on the plan view,on a fifteen (15)foot grid. This information shall be shown on separate plan and profile sheets at a scale of one(1)inch equals twenty(20)feet horizontally and one(1)inch equals two(2)feet vertically. 5. Intersection Grade. The first twenty(20)feet beyond the edge of the traveled way of the through street,including any necessary speed change lanes,shall slope down and away from the through street at a grade of two(2)percent. The transition back to the side street grade shall be accomplished in a minimum fifty(50)foot vertical curve. The maximum grade at intersections, including private driveway approaches to public roadways, shall be three (3) percent at flowline or edge of pavement and centerline(stop/start lane shall be as shaded in Figure 4-620#5,Transition Distances for Permissible Intersection Grades,for the distances shown in the table that accompanies Figure 4-620#5.) At intersecting major collectors the maximum permissible grade will be two(2)percent for two hundred(200)feet either side of the intersection on both sides of the roadway. V LAND USE REGULATIONS 4-85 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS Figure 4-620#5-Transition Distances for Permissible Intersection Grades Rural Access Residential Collector Commercial and Industrial Driveway 20' 30' 40' 50' Rural Access 30' 40' 40' N/A Residential 40' 50' 60' 80' Collector 40' 60' 80' 100' Commercial N/A 80' 80' 100' and 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 4-620 J., Summary Of Environmental, Geometric And Design Standards, curb return profiles shall be required at every curb return in the public way within the proposed development,except on medians,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 4-620 J.4., Intersections. b. Arc Length. Calculate the arc length of the return at its flowline. c. Flowline Grade. Show the corresponding flowline (or top of curb) grade for the roadway beyond the return at each P.C.R. d. Extend Grades Until They Intersect Within the Return. The above corresponding grades shall be extended until they intersect,somewhere within the return(Figure 4- 620#6,Curb Return/Edge of Pavement Profile"A"). The grades may intersect near or outside either P.C.R., so long as the vertical difference in grades does not exceed two-tenths (0.2) of a foot at either P.C.R. (Figure 4-620 #7, 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 necessary to revise the grade of the intersecting side street to obtain an acceptable curb return profile(Figure 4-620#8,Curb Return/Edge of Pavement Profile"C"),however,the"through"street is never warped to facilitate this. See sub-section 4-620 J.4.,Intersections. LAND USE REGULATIONS 4-86 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS e. Vertical Curves and Elevations. Vertical curves within the return may be drawn in with french or railroad curves. Elevations of at least two points between each P.C.R., at spacing not to exceed fifteen(15) feet shall then be shown in the profile. 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 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. LAND USE REGULATIONS 4-87 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS Reserved for CDOT Table: Stopping Sight Distance on Horizontal Curves 10 fs t. . g p r . wr1r.w_...... .rrr.._r.Re.... . r .. m " .. TkSiT � w . r __ wNw.ww.rr ............................=.....0 ............,==.7„:„:__ _ a_=_:A _ g. ieri�rar.MM e =aa:11224112211103sias=: nas::s:.S.a G�`�=M S."2:225111:=2.1:2.........l .�w.1...i;=222.2. Og 41, rt +err--sw�sw'��r�r iw: rrir��'.a.. MMIMMM.W. MM., .�.or rear r 10.41.` __�w rMB _ '_ ww_rw.OS r_ir.w_ww.r MOW,i i.w s:*NNW••• =� = �. irr�.ri.:' ..w__... ...r....... ...2 4110.•.••r i.rn.wwaie�w e 001...1. +w�..•1.lay •11•1,01011•10' iefelliall ...W.SW Mt O.WW MMK, WO Jj ..wi�w. mam011at M1�_wrw4. www e.��w,-w iif 1111 UJ f r .. _r.. r .___n..._w..r {� ...............................�" 11.ti. ccLi. r:::=11. ......:;11"r",==="":::::_ w1YR � M. �. Q �._w .r_N..e.\rw..r._ ,, n Iv 221"'22"1. '-�� : .?.rirl..r__.,..VW-lam= .!A t 1 rm w_.'-.!�_w_. ji isi.v.+.... 10_.10.r.rr_w.r„.i Q • r f3 r.mrogi.tSCW'S',4SSi'! "`,S.�tiST�SID:*.*,:=-.::GZ:r.8 4.'. 8 "" . _ .„..+.e.•.w:•...,..5."..!riiSS _ lil, IvemmXIMitimm=vvz 0 V i Z Cr S 1 rt3w�..ww� ”: .w::.. _www.`..n..:::..� rr.w.... �- 0 aft aa' .mmaimlis;liww.ii "r'S mac=a = P 0. mVSZRISIMREVilln1 _.._�__ __.r_,r......__ _ a. .� ......r...w .rr..,...ww..........X wM.MM py IS ai►S11i`s____-----.—_ii-iS,'W��i__v�i-_WE 2 (� =r=.7tw rrr.o._r.w.._r.w.rw I «"r..0t._,.rwr..uW._.tSL11:i�9�St�iii3 lir ..r.....r w.. _w 4110. NO rr. r..`........ ♦..w awn mxt.15Siaiy:iliisigio 'wb'mvar.N�.� -11.'._...mmT 31 I,' .. Ml.-."._,_.._r..l..,l.•.wr.ww_...._.W Y.w.b �����`��.ggqy��.rrr����ppp D == timib►iaW>s. RiimiiliS:.n=izza.-Zzaza;ria=== 3 la W L"�' i.�=W� 'r•wus,r.nra.ro.r-.n o.!•,r_ 'r •- ..10.10_.......>. M•.••,...:.....xim=A of Is ',/n 34 Y 49--,---------.74-;-74,14,1:2741=2awer Y.►i...ww�rw. _ 'rsi omtT. .r # •a ;, s1:i.M.if,.L••,1 E W!y1 W III w w . . . r ,'. pp qij Vli: SI C A r__.. `. l�.14•.t.la++ w r••r�'y�M! a _N.H r ..� .ice! ..`Mr►. m.,. . O O w Wn+,.ao,_,e.1!11610. O y 111 N Q #61F ill....-..,..-.,......... ,...,M MME 1111, �,w R,St...sY.►:,.V.,.EJ�,1rM'•OA&fMM 2Z ,1 Qp Ta ....=10111111..- _ - �MWw w.+W r.R►-_-..,.Y.•n0 N.Y • n._..��.w•e.,'c......r.r._.yam/ FWe K 7L M•.• ow M ..1011.rw...'ti�a.i11.MI �aTi...........+..i I.j .y .a'•.n1..'.11..w1•.=.•.wre•=_.. Y O� ... ....wr_r._w t. .. -w ... .Y.a pJr.w B_.r�P erin' 1.ai. Ulla'. ,0041. .••04,1-.1..,,41. 0 g3EW I♦ S • wria�ff ECEa�2X22i w.�.�ii+r1+M�s3.2.:••.ti..s.t.rAn NINani g ajl at raa MI•..O N i J 1. ..nr 10 0♦ n I 0 n A qN 11 ,,y. QI Ss 1333 ,IMM 33NVLSI3 a spas LAND USE REGULATIONS 4-88 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS r P.L e P.C. 1111101116606."' / \ / \ / \ / \ / \ / V RADIUS PO 41 WM OLR : PORYUE,S (Lhpt arAt) P.. -POINT Or PPERSEC0117 P.C. - PEW Or CURVA1LAE R. S'�7'f.5>s Pi.-PONT OF TANGENCY --D—" P- RANA OP S4PU COM T. Wuxi. E- ETERNAL usu.=PROP PJ.1Q S4PLE CURKE e- MERSECION AN(iE(TOTAL CENTRAL AMI.C) L . 100' 0- DECREE 01 CLOP/A71.07( - LENGTH OP CLAP((P.C.70 P.7.) LC • ?'R'SIN LC - LONG CHORD(WAKE POKER P.C.&P.1.) 7 Y- ROME 00017LATE 1- TANGENT CS1AICE (P.1,10 P.C.OR P.1,) P . R(t-cost) I • R•EttSECt. R R EAGLE COUNTY ENGINEERING DEPARTMENT SIMPLE CURVE FIGURE 4-620 /2 OPA RE\eSEO SNEE1 10e 1 ,-75 LAND USE REGULATIONS 4-89 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS r --N.N\• ot .6 0 VOX PCMB 'IL AI 0 9A+il Ptf , / V soS.1 \ � \ �/ ;'til \ c / \ / ` \ I \ / \ / \ / \ / \ / Vel Ds 1 SMILED CLI1tiE: \\ / rOlooVIS "LS, - IN I a 70 WOK , / S.C. - L 10 CUM is • 1.6•w ' PM004Cra mot CS. - CURrE 10 Var. \ / Si. - 4114 10 wain \ / 11t - We 1a - IENCTW Or swot xaYc - 0ooiOMlr1Es Or S.C.Roo 1►[TSS POOP • Dies sr VS- COOM'M1tS Or NW OBER POW Or SPIRAL 10 7K 1.3 OR 5.1. Cr - (uCle)Uw9 i+V 11C • MOUS or coax*CURK Moo T►S 900tt0 00 4) Cc - (MIRK OSISMCE We PA 10 CWWO CUbi &•6-20s , r - ortSE1 OUNCE Of MUM orrat POOOUCEO it • ±Crp.do Co - coma MCI Or ORQ*M MPC O. - COITAL i Cr SPOrL ("Mk..SOLE - lc - COO'Ow U Or ofl I P.C.or P.T. Le Dr - OCOKI Or CRICUTAR/PC LT - %LN6 UI X111(0S1.0cc Or vow crul ror Os Dt rWtt. 0' • V roo a.OErP[IN S • IS ST - "OW Imam ovum Or WA% CPa1') tc T • LTIO11/Jii. VC. T . 4.0 r .t.x or 121 r!.x . R ♦ WINS 0 - 1/4R ►• ls'9N1/1201 K • 1/7•11 P - 1/1'ls- s EAGLE COUNTY FIGURE ENGINEERING oEPARtn SPIRALED CURVE 4-620 #3 piuW.N I RMSf 0 . SKIT l 0E i LAND USE REGULATIONS 4-90 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS P.1 4. P.C. SSR.PtE CURVE S P.T. 1.5. P \\\ SPIRAL CIRCULAR CURVE SPIRAL / P,i S.1, S ,Eo P.C. \\ R - Re ///(SHPT} �� (SHPT) \\ D = O // •y \\ // // // \\ // sac 1/ // \\ // \\ LI // \\\ n // \\ // \\ // \\ // \\ 1/ RADIUS POINT \ (SIUPLE CURVE) (SPIRALED CURVE) PE• RELATIONS»P - SA4PLE VS SPRALEO CLReE R - RADtI15 OF SIMPLE CUM T.S. - TANGENT 10 SPIRAL Rc - RADNS Of CIRCULAR CLiRA (WITHIN THE SMALL()CURVE) S.C. - SPIRAL TO CURVE D - DEGREE OF CURVATURE C.S. - CURVE TO SPIRAL DC - DECREE OF CIRCULAR ARC A - INTERSECTION ANGLE (TOTAL CENTRAL ANGLE) 5 T, - SPIRAL TO TANGENT be - w!ERSECAON ANGLE OF CIRCLIAR ARG P.L. - PONT OF INTERSECTION Ea - CIRCULAR CUR< 05T.MINUS SIMPLE CURVE 0151. (E-Fe) P.C. - POINT OF CURVATURE P - OFFSET DISTANCE Of CIRCULAR CURVE PRODUCED P,1. - POINT OF TANGENCY K - COORDINATE OF OFFSET P.C.OR P,T, EAGLE COUNTY ENGINEERING DEPARTMENT RELATIONSHIP FIGURE SIMPLE vs SPIRAL CURVE 4620 #4 DRAWN REVISED SHEET 1 OF I LAND USE REGULATIONS 4-91 EAGLE COUNTY.COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS - • IssSSsxO._ . E t I _- wRLSR-.Ertl I n asi4'. "iii r—ssux SSs3 RR,:. E 3 NOR_ a3 •• -**10332111 :Ili SPIRALS SN WW USED ABOVE HERM UNE. 1 USE FOR MEWL COLLEDTER AND RURAL ' ACCESS ROAOS.RESIDENRAL COMMERCIAL ON CURVES. STREETS ARE NOT SUPERCZ WTtD m a a s s$4114 4 414 NORMALROWN ) E o o a.t:.',L'.o. Sas 8-•- o—DEORFE OF CURVAIUIE . - R -RADIUS OF CURVE Eilli V - ASSUMED DESIGN WEED W-DESNA=MGM OF SUPERELEVAflON RUNOFF, I.rm-YEIIWUM LENGTH OF 51AFAELEVA7fON RUNOFF. S11CHHAAS MOUNTO TAINOUS OUS AREAS WHEUSED IN RE FUSEE Cf LYeV/CE5 pp sg s CIWNOT DE ACHIEVED.REVIEW AND APPROVAL OF WE $ its 4 9 5 R COWRY ENGINEER IS ROUSTED FOR USE OF Um. OSMIUM LENGTHS ARE RASED ON A CENTEPIBE TO EDGE RASO OF/MPH-1:133.23WPHSOWN1:141.5, W....e o o S: R$7 s S 8 a a SOH-12150.35MPH A.1:1625.40ENH d. 75 1:1 . OWN A PAVEMENT LANE WIDTHOF 11 FEEL ARE BASED t Q —WA MUTA RAZE OF SUPERIIEVATION IN - FEET(PER FOOT OF WIDTH)FOR THE O !.. .._ _..- '' MEN DEGREE OF CURVE AND DESIGN W > e s o s o o o SPEED o . ta ma 44 1414 4 :4411 x 0 - -s RCS, acr. - SSCScc Si S $ 'Iva as smell s sasssasssr aV 55 UU. 1LI4 ., $ 1;,.141414 � .,o 00 Ns B ac 2 ..RN A2222:2322:42 222 a.g . " 22 SSSS 2 SS 2322222222,283221 > as Y2 as 14 .1 1 'I $I4111$484I141 • 111 oe a .,xis spa x55552 -R R#R,.R# 552tssc atm as > m'aaasV 2 , 22:. . _ . I 4411- !. UU 1:10111U1 44444$ • 3a xas wii PIDis1 A Ill s _ 353: bR211.4 3B/1 1,ptI tl : k8888 8=:8 888 illitk 888$B c 'seer. wwhw► r D rs r. r.tt t4 t4A S.tt :}:.4 + EAGLE COUNTY SUPERELEVATION ENGINEERING DEPARTMENT CHART—emax= 0.0600 DETAIL DRAWN 1 REVISED SHEET OF LAND USE REGULATIONS 4-92 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS Figure 4-620#6-Curb Return/Edge of Pavement Profile A 1 I 41 f to t ! 1: ' " I ._ PCti-STATION 0 . . •\ • . . . . . . . . i .. . . . . . . I : : : :.. . : . . ELEVATION : : : • . : `i. AI • • •HIGH �P0INT• I • ELEVATION . . . . . . . . . . . . . • { . . . . . ... . 1 - • I o L13 i ¢ : . ELEVATION W II\ ' . 1 / i lir` !!!1 ID c L/3 • 1 ,� : : 1 . . . ELEVATION A • I 111.1 / ; ' 1 . . . .. . . . . � I I PCR-STATION . . . . . . . . . . . . . : . • :.: .ELEVATION. • o 1 �. . . .. . . 1 . . . . : . I Li. • O . . . . . . . . I . .Od I • cr E 1 f , LAND USE REGULATIONS 4-93 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS Figure 4-620#7- Curb Return/Edge of Pavement Profile B . . . . .F, . . 1 5.1" a OZ . . . . I .itti _W !- a ��3ZE Qsdo.... •AC 0 k� •• t + 3Z I . Ii + I / r • I G ' —PCR-STATION—4 : : ; : : : : i ' i • • ELEVATION /1. 1 • • • ELEVATION I f i ZF : tr t j t- 1 / /I . - 1 ccE - • • L/4 I E j . . . . .. .. . . . . . . i . . . . . Les 0 : ELEVATION . . . . . . ! . , . :` x. I i : : . . : : . : . Z W i J i • 1 I I co • • - L/4 (PVI) . . . . - . ( . . . - ./, , I , _ . - . _ . . , ; - • • - • • • - • I a o - • • ELEVATION a I I / ' ; I ;E i. i E ! • . L • • PCR STATION,- I ELEVATION o • ' • - • • t , I i I i (I Pte. . . i F I I C I I ! 1- . . I I : : : . , . . . , I 1 I I - - 1 I fI ! I . . . . . . . . f LAND USE REGULATIONS 4-94 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS Figure 4-620#8- Curb Return/Edge of Pavement Profile C ,aw II c� : . VPT- • ELIrYATI0IV I STATION •' . . • il. . .. . . . . . . i i { • i HIGH POINT T. . • • 1 .: :: : : : : : : : : : : : F ELEVATION Ii . . . . . . : : : a i I VPI r PCR-STATION O . . . . . + , . . f • . . I a 'ELEVATION.. . . sr [ F.U rx : : . : : : : : ; : • L%3. f . ' I •__- . gyri f ELEVI.TION . 1 i / W • . • o 1 J I F ! N I t' 1:./31 •VPC 1 . . . . . . . I • • • - • Zj: : • ELEVATION 1 . . . . . .-'- : ELEVATION ' j la O I ' a. ! - - PCR-$TATION • : . . . . . . . . . .. . . .. ...1 ELEVATION ' --,41...._ 1 i sf••• LAND USE REGULATIONS 4-95 Article 4 EAGLE C'OUN7Y,COLORADO ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS Note: Separate flowline or edge of pavement profiles are required as the basis for design at bubbles, cul-de-sacs or horizontal curves when the vertical grade is less than one(1)percent and other departures from normal roadway cross sections,i.e., the pavement cross slope is not two(2)percent,and for at least two hundred(200) feet from all intersections. 8. Clear Vision Areas. A clear vision area shall be maintained on the corners of all properties at all roadway intersections,including railroad crossings,so that intersection sight distances as specified in Table 4-620 J., Summary 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, exceeding thirty(30)inches in height,as measured from the top of the curb,or in the absence of curb and gutter, from the finished grade of the centerline of the street. Traffic control devices required by,and installed in accordance with,the MUTCD, or Colorado Supplement thereto, are exempt from this provision. b. Applicant is Responsible. It shall be the applicant's responsibility, through his engineer,to ensure that the necessary clear vision area is provided in the layout and design of the development and is carried through during construction. 9. Access Approaches and Driveways. a. Findings. Control of access to public streets and roads is an area of increasing concern,since roads are rarely being built or upgraded fast enough to accommodate increases in traffic. The proliferation of access points and driveways 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 movements both to and from a major roadway. In addition, elimination of turning movements can decrease the need for acceleration and deceleration lanes. b. State Design Standards. Pursuant to C.R.S.43-2-147(1)(a),access approaches to roadways under the jurisdiction of Eagle County must meet the Design Standards found in Sections Three and Four of the Colorado State Highway Access 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 Authority for such permits and should be contacted initially for the application and further information in obtaining State Highway Access Permits. c. Additional County Standards. In addition to the foregoing, public and private access approaches and driveways shall be subject to the following standards: (1) Access By Emergency and Service Vehicle. All dwellings and other structures shall be accessible by emergency and service vehicles. A LAND USE REGULATIONS 4-96 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS maximum grade of eight (8) percent and a minimum centerline radius of forty-five(45)feet is recommended for driveways on north-facing slopes. On south-facing slopes, a maximum grade of ten (10) percent and a minimum centerline radius of forty-five(45)feet is recommended. Curves should be widened generously in both circumstances. (am12/17/02) Unless otherwise approved by the Local Fire Authority Having Jurisdiction, public and private access approaches and driveways in excess of 150 feet in length shall be provided with adequate area for emergency vehicle turnaround in close proximity to the residence or structure served. Access approaches and driveways in excess of 300 feet in length shall provide an area adequate for emergency vehicle turnarounds in close proximity to the residence or structure served,and shall also provide vehicle turnouts where the driveway is expanded to be at least 18 feet wide at 150 foot intervals. Alternatively, the private access or driveway may be designed to accommodate two-way traffic. Turnarounds shall be constructed in accordance with Section 4-620.D.11, Vehicle Turnarounds. (amO3/21/06) (2) Driveways in Mountainous Terrain. Proposed developments on lots with mountainous terrain may require the preliminary layout and design of the individual driveways at the preliminary plan stage,and the precise design of the driveway at the final plan stage,to assure that access can be provided to each dwelling unit served by the driveway in compliance with the standards of this Division. (3) Driveways Requiring Significant Cuts and/or Fills Discouraged. Driveways that require significant cuts and/or fills are discouraged. Applicants are encouraged to relocate development to areas within the proposed development where such cuts and fills are not required. Where significant grading and/or retaining walls or other structures may be necessary, the applicant may be required to identify a precise building envelope and construct the driveway that will serve that envelope, at the discretion of the Board of County Commissioners,considering the advice of the County Engineer. In extraordinary cases,driveways may be considered public improvements and thus collateralized,constructed and subject to the terms and conditions of the other public improvements in the development. (4) Driveways Shall Not Serve More than Three Units. Driveways shall not serve more than three(3)dwelling units,unless specified otherwise in these Regulations. Any residence having an accessory dwelling unit shall be counted as one(1)unit. (5) Clearance From Intersections. Driveways shall be restricted for a 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 return radii or flares. In rural and suburban areas,a minimum 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 LAND USE REGULATIONS 4-97 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS 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 lanes, then the minimum twenty(20 foot intersection clearance may be extended, at the direction of the County Engineer. (6) Maximum Number of Entryways. Generally, no more than one (1) entryway shall be allowed for any parcel of property where the frontage is less than one hundred(100)feet. Additional entrances or exits for parcels of property having a frontage in excess of one hundred(100)feet shall be permitted only when the applicant demonstrates they are required for 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. (8) Intersection With Other Roadways.Road approaches shall intersect other roadways at ninety(90)degrees for a tangent distance of one 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. Beyond the right-of- way line onto the adjacent property,permissible axis angles of driveways in relationship to the right-of-way line shall be between ninety(90)and sixty (60)degrees. (9) Maximum Width. Commercial driveways shall not exceed thirty-five(35) feet in width,as measured 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. (10) Radii. Permissible radii on driveway returns shall be governed by such 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 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(400)AADT. 10. Connections With Existing Roadways. Connections with existing roadways shall be 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 Grades. Existing grades shall be shown for at least three hundred(300) LAND USE REGULATIONS 4-98 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS 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 mountainous terrain. For a connection with an existing intersection,these as-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. d. Basis of As-Built Elevations. The basis of the as-built elevations shall be the same as the design elevations(both flowline and top of curb or edge of pavement). 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 4-620 J.1.g., Street Pattern. a. Applicant Is Responsible For Transition. If the off-site roadway,adjacent to the proposed development is not fully improved,the applicant shall be responsible for the design and construction of a transition for the safe conveyance of traffic from his improved section to the existing roadway. b. Road Shall Be Extended. The improved section of road shall be extended to the boundary of the proposed development,as outlined in sub-section 4-620 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: L=WS2/60 where: L=Length of transition in feet W=Width of offset in feet S=Speed limit or 85th percentile speed. K. Structures. The developer shall be responsible to have all bridges,culverts,retaining walls,borings, tunnels or other structures within the proposed development designed by a Professional 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) LAND USE REGULATIONS 4-99 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS 1. Strength. Structures shall be of sufficient strength to accommodate an AASHTO HS-20 loading. 2. Pedestrian Facilities. Facilities for pedestrians,bicyclists or equestrians shall be provided if the structure traverses a roadway. The facilities shall have a width equal to the traveled way, plus four(4)feet and shall include walkways and handrails. 3. Hydraulic Capacity of Drainage Structures. Drainage structures include, but are not limited to,bridges, pipe culverts,box culverts, channels, ditches, gutters, spillways, inlets, drains, orifices, gates, chutes, dams, levees, dikes, sills, ponds, basins, bays, drops, weirs, sluices,flumes,siphons,and energy dissipaters. 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. 03/12702) 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. L. Street Name And Traffic Control Signs. The names of all streets shall be subject to the approval of the Board of County Commissioners,and wherever applicable,shall be consistent with street 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 plans that demonstrates conformance to this standard. M. Railroad Crossings. The developer shall be required to obtain all necessary forms and permits,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. 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. Per Section 4-610 A.2.,Standards Are Not Inflexible,these standards are not inflexible and may be modified if alternate design,procedure or material can be shown to provide better performance and or environmental sensitivity. LAND USE REGULATIONS 4-100 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS 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 aggregate base course over a well-compacted subgrade. Concrete is acceptable as surfacing 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 (4) inches of 3,000 point psi concrete over six (6) inches of compacted aggregate base course. The extent of paved trails necessary to service a proposed development and link with adjacent trails systems will be determined through the development process. 3. Grades. 1%to 2%maximum grade recommended. Sections over 5%grade and under 500 feet long may be acceptable if wider trail width provided. 10%is the maximum allowed in very short distances of trail. 4. 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 necessary. Drainage structures such as grates and covers shall be located off of the trail. 5. Trail Easement. All trails which will become part of the County regional trail system as 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 County for use by the public. 6. Public Improvements. Said trails or paths shall be considered public improvements and 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 are contained within a subdivision and are 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. 1. 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(4)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 LAND USE REGULATIONS 4-101 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS standards of that Plan). 2. Minimum Thickness. All sidewalks shall have a minimum thickness of four(4)inches of reinforced three thousand(3,000)psi concrete over a compacted six(6)inch CDOT Class 6 aggregate base course(ABC). 3. Shoulder for Detached Sidewalks. Detached sidewalks shall have a one (1) foot ABC shoulder on either side brought up flush with the edge of the sidewalk,and sloped down at a grade of four(4)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 comply with CDOT Standard M-609-1,as the situation requires per Table 4-620 J.,Summary Of Environmental, Geometric And Design Standards. SECTION 4-640 IRRIGATION SYSTEM STANDARDS 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. B. Irrigation Water. If irrigation water is to be made available in a development, it shall be the responsibility of the applicant to install an acceptable delivery system. The applicant and irrigation ditch owner shall collaborate on any necessary improvements to the ditch or attendant structures prior to final approval of the development. Such improvements shall be considered public improvements and shall be collateralized, constructed and subject to the terms and conditions of the other public improvements in the development. LAND USE REGULATIONS 4-102 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS 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 Environmental Health Manager, considering how it affects the operation of On-Site Wastewater Treatment Systems(OWTS)on lots within and adjacent to the development. 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 table under the subdivided land or adjacent lands. D. Irrigation Ditch Easements. Irrigation ditch easements shall be provided for all irrigation ditches crossing the proposed development,unless the applicant can prove conclusively that they have been legally abandoned. Irrigation ditch easements shall be of a width equal to the average ditch width plus twenty(20)feet,or as otherwise recommended by the ditch owner and as approved by the Board of County Commissioners. E. Irrigation Ditch Maintenance. Irrigation ditch owners shall be responsible for the maintenance of the ditch and any attendant structures unless other written agreements are 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 The Public Way Of Eagle County", which is administered by the Eagle County Engineer's Office. SECTION 4-650 DRAINAGE STANDARDS A. Purpose and Applicability. 1. Purpose. Land development, particularly increased impervious surface area, has been shown to degrade water quality and alter natural hydrology. The standards of this section are intended to minimize the likelihood and extent of flooding and environmental damage from uncontrolled urban runoff. 2. Applicability.These standards shall apply to any commercial or industrial development,any proposed subdivision or PUD, proposed development within one hundred (100) feet of a water body,and to any other development creating ten thousand(10,000)square feet or more of impervious surface area. B. Standards. Stormwater runoff from all proposed development shall be managed so as to comply with the following standards: (1)No Direct Discharge;(2)Minimize Directly-Connected Impervious LAND USE REGULATIONS 4-103 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS Areas; (3) Detain and Treat Run-off; (4) Conveyance of 100-year Storm Flow; and, (5) Other Techniques. (am 01/04/05) 1. No Direct Discharge. Stormwater discharge shall comply with one (1) of the following management options: a. Vegetated Surface. Sheetflow across at least one hundred (100) feet of stable, vegetated surface prior to discharge to any natural water body, or flow in one hundred(100)feet of non-erosive grass channels; b. On Site Treatment. On-site treatment of stormwater by use of best management practices designed to detain and infiltrate the runoff and approved as part of the Stormwater Control Plan prior to discharge to any natural water body; or (am0 3/12/02) c. Structure. Discharge to a stormwater conveyance structure, designed to accommodate the projected additional flows from the proposed project, with treatment by a best management practice prior to discharge into any natural water body. (am 01/04/05) 2. Minimize Directly-Connected Impervious Areas. The extent of directly-connected impervious areas shall be minimized by having runoff from fifty (50) percent of all developed impervious surfaces (rooftops, parking lots, sidewalks, etc.) drain over grass buffer strips before reaching stormwater conveyance systems. The fifty (50) percent requirement may be reduced if the outflow from the grass filter strip is directed to other stormwater treatment methods. a. Examples. Examples of other potential techniques to be used in conjunction with grass buffer strips are: infiltration devices; constructed wetlands; sand filters; replacing curb and gutter systems with low velocity grass lined swales; and, over- sizing swales, ditches and culvert crossing (such as driveway intersections) to provide additional detention storage. b. Slope. The maximum allowable slope for developed land surfaces that drain to grass buffer strips is ten(10)percent. The slope of the vegetative buffer strip itself should be no greater than five (5) percent and should be of a uniform gradient to insure evenly distributed sheet flows. Terracing and retaining wall construction may be required if necessary to maintain allowable slopes. c. Formula. The design width,or distance along the sheet flow direction,shall be the greater of the following: width=8.0 feet 0.2 L Where L equals the length of the flow path of the sheet flow over the upstream impervious surface. LAND USE REGULATIONS 4-104 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4 SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS 3. Detain and Treat Run-off. Permanent stormwater detention facilities shall be designed to: (a) treat stormwater for pollutant removal; b) reduce peak flows to historic levels and minimize extreme flooding; and, (c) prevent erosion of downstream channels. Detention facilities shall be designed to comply with the following standards(am 1/4/05): a. Pollutant Removal. Removal of pollutants shall be accomplished by providing ninety(90)percent trap efficiency for particles 0.005 mm in diameter or larger from the two (2) year, twenty-four (24) hour storm. For drainage from parking lots, vehicle maintenance facilities, or other areas with extensive vehicular use, this standard may require the use of a sand and oil grease trap or similar practice(e.g., constructed wetland, extended detention with no initial release,etc.). b. Peak Flow Reduction. Peak flow reduction shall be accomplished by limiting detention pond release rates to historic(undeveloped)peak flows for all storms up to and including the twenty-five (25) year, twenty-four (24) hour design storm. In determining runoff rates, the entire area contributing runoff must be considered, including any off-site contribution. Off-site contributions shall be based on the fully developed potential based upon proposed land uses. To minimize the threat of major property damage or loss of life,all permanent stormwater detention facilities must provide for the safe passage of the one hundred(100)year storm event. c. Downstream Channels. Channels downstream from the discharge of stormwater shall be protected from increased channel scour, bank instability, and erosion and sedimentation from the twenty-five (25) year design storm. The use of natural drainage ways as receiving streams is required unless it can be shown that no alternatives to changing natural drainage locations exist. 4. Conveyance of 100-year Storm Flow. All applications for any land development listed in Section 4-650.A.2. Applicability, shall include design provisions for the overland conveyance of the post development 100-year storm flows through the site without damage to any public or private property. (orig 03/12/02) 5. Other Techniques. Other techniques, not specifically identified, may be considered for implementation subject to the approval of the County Engineer. (orig 01/04/05) C. Stormwater Control Plan. An applicant for any development listed in Section 4-650 A.2., Applicability, shall submit a stormwater control plan prepared by a qualified professional engineer registered in the State of Colorado. The plan shall contain the applicable information as listed in Section 4-665 C.,Erosion and Sediment Control Plan,and the following additional information: (am 01/04/05) 1. Calculations. Hydrologic, hydraulic and all other calculations used to size and design drainage facilities and/or structural best management practices. 2. Maintenance. Maintenance measures for all proposed best management practices shall be identified including access, schedules, costs,and designation of a responsible party. LAND USE REGULATIONS 4-105 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS SECTION 4-660 EXCAVATION AND GRADING STANDARDS (orig 03/12/02) A. Purpose and Applicability. 1. Purpose. The purpose of these requirements is to safeguard life, limb, property and the public welfare by regulating grading on private property. 2. Applicability. No person shall do any grading without first having obtained a grading permit or an exemption from a grading permit from the Eagle County Engineer. 3. Excavating and Grading Standards a. Application. The excavation and grading standards shall be as contained in the 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 the Eagle County Land Use Regulations also known as the Building Resolution. (am 1/4/05) b. Amendments. The standards shall also include amendments to the current edition of the International Building Code as contained in Section 3.05 of the Building Resolution. Additional standards related to the design and placement of earthen landscape berms are also found in Section 4-230.A.10., Standards for Landscape Berms, and Section 3-340.C.4,Dimensional Limitations for a Fence, Hedge, Wall or Berm. (am 01/04/05) (am.05/16/06) c. Retaining Walls. Any retaining walls, or combination of tiered retaining walls,four(4) feet in height or greater as measured from the bottom of the footing to the top of the wall, are not permitted under the grading permit and require a separate building permit for construction. Engineered drawings stamped by a Professional Engineer licensed in the State of Colorado will be required with the building permit application. Retaining walls with less than four(4) feet of height can be approved under the grading permit. (prig. 05/01/07) SECTION 4-665 EROSION CONTROL STANDARDS (am 03/12/02) A. Purpose and Applicability 1. Purpose. Siltation of rivers and other water bodies is a leading cause of water quality impairment in rivers and lakes. The purpose of these requirements is to minimize the water quality impacts resulting from land development and other land disturbing activities. 2. Applicability. This section shall apply to any disturbance within one hundred(100)feet of a stream,all residential development disturbing more than one-half(2)acre,all commercial and industrial development, and all proposed subdivisions and PUD's. LAND USE REGULATIONS 4-106 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS EMENTS STANDARDS B. Erosion Control Standards. The applicant shall minimize erosion of soils from a site that is being developed by complying with the following standards. 1. Phase Construction. Construction activities,such as clearing,grading,road construction, and utilities installation shall be phased to minimize soil exposure. Sediment trapping practices and stream and other water body protection shall be installed and stabilized before site grading or other construction is initiated. 2. Soil Stabilization.All disturbed areas and soil stockpiles shall be surface roughened, mulched, or seeded and mulched,or otherwise protected from erosive forces if they will remain exposed and inactive for periods longer than fourteen(14)days,or if soil will be exposed during winter, so erosion will not occur during spring snow melt. Disturbed areas shall be mulched, or seeded and mulched within seven(7)days after final grade is reached. Grass or straw mulch shall be crimped in place. On slopes steeper than twenty (20)percent, or within fifty(50)feet of any water body, exposed soils shall be hydromulched or covered with nets or mats. (am. 05/01/07) 3. Permanent Revegetation. Any disturbed area that is not built upon for one (1) year or longer shall be revegetated with a perennial,native grass mix. Within one growing season of project completion,vegetative site coverage shall be equal to or greater than seventy (70) percent of the disturbed areas. 4. Cut and Fill Slopes. Where cut and fill cannot be avoided,slopes shall be designed for long term stability. Permanent vegetation should be used as the preferred approach to stabilization of cut and fill areas where slopes are less than or equal to three to one(3:1). On steeper cut and fill slopes, stabilization may be attained by utilizing retaining walls, rock walls,up slope runoff diversions,slope drains or other measures appropriate for the specific situation. Step retaining walls shall be positioned such that the width of the step is half the height of the wall. Retaining walls over four (4) feet in height shall be designed by a professional engineer. Revegetation of the steps is required. In no case shall the soil surface of a cut and fill slope remain exposed without an approved method of soil stabilization. 5. Construction in or Adjacent to a Water Body. Construction in or directly adjacent to any water body, such as culvert or bridge installation,shall require bed and bank stabilization. This may include stream isolation through the use of coffer dams,complete containment of the stream in the area of the disturbance, stream crossing structures, or limits on the dates when in-stream work can be performed. 6. Channels and Ditches. New or re-routed irrigation ditches,receiving channels and streams shall be protected so that flows from the site do not cause erosion and flooding. 7. Stormwater Runoff. Stormwater runoff flows shall be managed to minimize erosion and sediment transport. Concentrated flows shall be diverted away from disturbed slopes. The length and steepness of disturbed slopes shall be minimized, or slope drains shall be used. 8. Sediment and Mud Control. Sediment and mud shall be prevented from leaving the construction site by immediate placement of street base or construction of mud pads in LAND USE REGULATIONS • 4-107 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS access routes. Mud pads shall be at least fifty(50)feet in length and comprised of angular rock and/or a wheel washing facility. Adjacent properties shall be protected by using sediment fences,straw bales,and silt traps. Storm sewer inlets shall be protected from entry of sediment-laden water. 9. Sediment Detention. When the contributing drainage area,including off-site area,is greater than five (5) acres, sediment detention ponds, infiltration devices, and other management practices which store or detain runoff shall be used to treat sediment-containing runoff prior to discharge from the construction site. These practices shall be designed to treat the runoff from the two (2) year, twenty-four (24) hour storm. Sediment detention ponds, when included,shall be designed to achieve ninety(90)percent trap efficiency for all sediments of .005 mm or larger diameter.If the discharge from the pond is passed through a filtration(i.e. a constructed wetland) or infiltration device, the trap efficiency requirements may be reduced. Where the contributing drainage area is less than five (5) acres, a specific engineered design for these sediment trapping facilities shall not be required. Silt traps may be used to detain and treat runoff if the contributing drainage area is less than five(5)acres. 10. Temporary Sediment Ponds. Temporary sediment ponds that will be removed after successful revegetation of the site shall be designed to safely detain and release all storms up to and including the twenty-five(25)year,twenty-four(24)hour storm at its historic, pre- development rate of release. Ponds that will be left as permanent facilities shall have a capacity to safely pass the one hundred (100)year flood and meet any dam and diversion requirements of the State Engineer. 11. Construction De-Watering. All construction de-watering activities shall conform with the State's construction de-watering permit requirements,which include daily monitoring of total suspended solids with a thirty (30)day average concentration of no more than thirty(30) mg/1 and a seven (7) day average of no more than forty-five (45) mg/I. Discharges from construction de-watering operations shall be accomplished in a manner that does not cause erosion. 12. Inspection and Maintenance. The applicant shall inspect all erosion and sediment control devices after any precipitation event during construction, and make any necessary repairs immediately thereafter. At a minimum, erosion and sediment control devices shall be inspected monthly. An inspection log shall be kept on-site for review by County officials until the project is complete. A copy of the inspection log sheets shall be delivered to the County at the end of each month during construction. C. Erosion and Sediment Control Plan. An applicant for any development listed in Section 4-665.A.2.,Applicability, shall submit an erosion and sediment control plan prepared by a qualified professional. The plan shall contain the following information: 1. Existing Features. Location of all existing and proposed structures and hydrologic features on the site, including intermittent water features, wetlands and the one hundred(100)year flood plain and all drainage structures or natural features on the land adjacent to the site and within a minimum of one hundred(100)feet of the site boundary line. The map must show the locations of street gutters, storm sewers, drainage channels, other water conveyance structures, wetlands or other waters receiving storm runoff from the site. LAND USE REGULATIONS 4-108 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS 2. Topography. Existing and proposed topography at reasonable contour intervals,to provide necessary detail of the site. Existing and proposed areas of fifteen(15)to thirty(30)percent and greater than thirty (30) percent slope shall be identified. The map should extend a minimum of one hundred(100)feet beyond the property line and show the location of the property line. The map should show elevations,dimensions,location,extent and slope of all proposed grading including building site and driveway grades and the boundary limits of clearing and grading. 3. Plans. Plans of all drainage features, paved areas, retaining walls, cribbing, planting, temporary or permanent soil erosion control measures,or other features to be constructed in connection with or as part of the proposed development. As applicable,design drawings of sediment controls, temporary diversions, and practices used shall be provided. A brief description,including specifications,shall also be provided of how the site will be stabilized after construction is completed. 4. Storage Areas. The location of storage areas designated for equipment, fuel, lubricants, chemical and waste storage. Details on spill containment structures shall be provided where storage of these materials is planned. The location of soil stockpiles and snow storage areas shall also be shown,along with the location of any temporary roads designed for use during construction period. 5. Construction Schedule. The plan shall describe the expected starting and completion dates of the site grading and/or construction,including the installation and removal time periods of erosion and sediment control measures,and the duration of exposure of each area prior to the completion of temporary erosion and sediment control measures. 6. Calculations.Any calculations made for determining rainfall, runoff, sizing any sediment basins, diversions, conveyance or detention/retention facilities. 7. CDPS and/or NPDES Permit.Evidence of compliance with state and federal requirements to obtain a Colorado Discharge Permitting System (CDPS) and/or National Pollutant Discharge Elimination System(NPDES)permit for construction sites disturbing one(1)acre or more. The CDPS is administered by the State of Colorado under the authority granted by the US Environmental Protection Agency in accordance with the Clean Water Act and the National Pollutant Discharge Elimination System. (am. 05/01/07) SECTION 4-670 UTILITY AND LIGHTING STANDARDS A. Utility Easements. Easements acceptable to the utility provider shall be shown on the plat and construction plans,in compliance with the utility provider's design standards. Where utilities are not provided within a dedicated road right-of-way,easements of not less than twenty-five(25)feet shall be provided in the proposed development for accommodating water lines, sanitary sewers and stormwater drainage, unless, in the case of stormwater drainage easements, the drainage study indicates that additional easement width is necessary. The minimum width of easements for power lines,telephone lines and other utilities shall be fifteen(15)feet. The suggested form and contents of said easement dedication is found in Appendix of these Regulations. LAND USE REGULATIONS 4-109 EAGLECOUN'IY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS B. Utility Laterals. All utility service laterals shall be stubbed to the property line of each lot. C. Utility Conduits. Conduits may be required to be placed in public rights-of-way or public and private access easements at intersections or other locations for the installation of future utilities in order to avoid excavation or disturbance in newly constructed roadways. The potential need for such conduits shall be identified during the development's preliminary review stage. During preparation of the final public improvement plans, the applicant's engineer shall coordinate the design for the location and placement of the conduits with the necessary utility service provider(s). Such conduits shall be considered public improvements and shall be collateralized,constructed and subject to the terms and conditions of the other public improvements in the development. D. Witnessing of Horizontal Locations. The horizontal location of the ends of laterals and conduits shall be witnessed by the developer's engineer to a minimum of three(3) separate and distinct points, with a permanent record made of same so that the lateral or conduit may be located in the future. Copies of these records shall be furnished to the Eagle County Engineer's office prior to acceptance of the public improvements by the County. Horizontal witnessing shall be to property corners,fire hydrants, manholes,water valve boxes and other"permanent" features.Vertical Location. In addition to witnessing the horizontal location of laterals and conduits, a vertical witness shall also be accomplished. Vertical witnessing shall be based on depth below ground and elevations based on datum used for the development. Bench marks shall be shown on witness records. E. Street Lighting. The applicant shall provide street lighting for all development in the Residential Suburban Low Density (RSL), Residential Suburban Medium Density (RSM), Residential Multi-Family(RMF),Commercial Limited(CL),Commercial General(CG),and Industrial(I)zone districts. The applicant shall also comply with the standards for illumination contained in Section 4- 250,Illumination Standards, as applicable. 1. Cooperation With Local Electrical Company. Lighting shall be designed in cooperation with the local electrical company serving the proposed area. 2. Coordinate With Other Public Improvements. The design shall be submitted with the public improvement plans. The lighting shall be constructed at the same time as all other public improvements construction. 3. Maintenance. Responsibility for continuing maintenance of the streetlights shall be outlined and submitted with the road plans. LAND USE REGULATIONS 4-110 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4. SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS 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 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 LAND USE REGULATIONS 4-111 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS 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 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 LAND USE REGULATIONS 4-112 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENTS STANDARDS 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 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. LAND USE REGULATIONS 4-113 EAGLE COUN7Y.COLORADO Article 4 ARTICLE 4 SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 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. DIVISION 4-7. IMPACT FEES AND LAND DEDICATION STANDARDS SECTION 4-700 SCHOOL LAND DEDICATION STANDARDS A. Formulas. Pursuant to Section 30-28-133(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 Multi-Family 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) LAND USE REGULATIONS 4-114 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 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 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 ROAD IMPACT FEES (orig. 05/15/01) A. Short Title,Authority,and Application 1. Title. This Regulation shall be known and may be cited as the "Road Impact Fee Regulation." 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. LAND USE REGULATIONS 4-115 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4. SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS B. Intent and Purpose. 1. Intent. This Regulation is intended to implement and be consistent with the Transportation Plan, Road Capital Improvement Plan (CIP), Road Impact Fee Study, the Eagle County Master Plan, and the master plans of Participating Municipalities. 2. Purpose. This purpose is accomplished in this Regulation by the establishment of a system for the imposition of road 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. C. Level of Service(LOS) Standard. The Major Road System shall operate at Level of Service "C" (LOS C) or better on roadway segments, and intersections, both signalized and unsignalized, shall operate at Level of Service"D" (LOS D)or better during peak hours. D. Definitions. Certain words or phrases unique to this Section shall be construed as herein set out unless it is apparent from the context that they have a different meaning. 1. Affordable Employee Housing means units restricted for `Qualified Employees' meeting income, employment and net worth limitations and the other criteria under 'Low Income Housing', `Moderate Income Housing' and `Qualified Employees' as defined hereinafter. . (am. 07/29/04) 2. Building Permit means that building permit issued in accordance with the Eagle County Building Resolution before any building or construction activity can be initiated on a parcel of land. 3. Capacity means the maximum number of vehicles that have a reasonable expectation of passing over a given section of a road during an average week day at the desired Level of Service, expressed in terms of vehicles per day. 4. Existing Traffic-Generating Development means the most intense use of land within the twelve(12)months prior to the time of Commencement of Traffic-Generating Development. 5. Expansion of the capacity of a road includes any widening, intersection improvement, signalization or other capital improvement designed to increase the existing road's capacity to carry vehicles. 6. Fee payer means a person commencing Traffic-Generating Development who is obligated to pay a road impact fee in accordance with the terms of this Regulation. 7. Impact Fee Administrator means the County Administrator or County officials that the County Administrator may designate to administer the various provisions of this regulation. 8. Level of Service(LOS)means a qualitative measure describing operational conditions,from "A" (best)to"F" (worst),within a traffic stream. LAND USE REGULATIONS 4-116 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 9. Low Income Housing means Affordable Employee Housing Units provided for households who earn the equivalent of between 60% and 80% of the Area Median Income (AMI) for Eagle County,as determined annually by the Department of Housing and Urban Development (HUD) and that are initially offered at a purchase price that provides for monthly housing payments and homeowner association/condominium dues in an amount that does not exceed 30%of gross household income based on a 30-year mortgage with 5%down payment. Once initially sold,the unit's affordability shall be maintained in perpetuity by an appreciation cap. (am. 07/29/04) 10. Major Road System means all major roads in Eagle County, including state and federal highways, identified in Exhibit "C," which is attached hereto and incorporated herein by reference. 11. Moderate Income Housing means Affordable Employee Housing Units provided for households who earn the equivalent of between 80%and 100%of the Area Median Income (AMI)for Eagle County,as determined annually by the Department of Housing and Urban Development and that are initially offered at a purchase price that provides for monthly housing payments and homeowner association/condominium dues in an amount that does not exceed 30%of gross household income based on a 30-year mortgage with 5%down payment. Once initially sold the affordability shall be maintained perpetuity by an appreciation cap. (am. 7/29/04) 12. Participating Municipalities means one or more municipalities within Eagle County that have entered into an intergovernmental agreement with the County to collect and administer road impact fees jointly with the County and any other participating municipalities. 13. Person means an individual,corporation,governmental agency or body,business trust,estate, trust,partnership,association,two(2)or more persons having a joint or common interest,or any other entity. 14. Qualified Employee means a person(s) meeting the income, employment and net worth limitations as follows: (am. 07/29/04) a) He/She must intend to use the residence as his/her primary domicile; b) He/She is currently employed at a business located within Eagle County(or within three(3)miles of the county boundary)and must have worked an average of at least thirty(30)hours per week for at least eight(8)months in the previous twelve(12) months; c) He/She has been hired for a job in Eagle County (or within three (3) miles of the county boundary)on a permanent basis(meaning that there is an expectation that the employment will continue for a period of at least six (6) months) to work at least thirty (30) hours per week, which employment will be his/her primary source of income and will maintain his/her residence in Eagle County upon commencing the job; d) He/She must be employed an average of 30 hours each week on an annual basis,and must maintain this level of employment for as long as he or she owns the unit OR, he/she must demonstrate that at least 75%of his/her income and earnings are earned by working in Eagle County; LAND USE REGULATIONS 4-117 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS e) He/She is over the age of sixty(60)and has earned a living primarily in Eagle County by having worked an average of at least thirty(30)hours per week for the previous five(5)years or for five(5)years immediately prior to his or her retirement(working a minimum of eight(8)months for each year employed); fj He/She is a disabled person who has been a full time employee in Eagle County(or within three(3)miles of the county boundary)a minimum of two years immediately prior to their disability; g) He/She is the spouse or dependant of a Qualified Employee as defined herein, and who is currently living in Eagle County; or h) He/She is a single parent with one or more dependents,with at least one being under the age of five(5) and/or enrolled full-time in a school in Eagle County(or within three (3)miles of the county boundary). A pregnancy may be counted toward this requirement as long as a note from a medical doctor is provided 15. Road Capital Improvement includes the transportation planning,preliminary engineering, engineering design studies, land surveys, alignment studies, right-of-way acquisition, engineering,permitting,and construction of all necessary features for any eligible project on the Road CIP, undertaken to accommodate additional traffic resulting from new traffic-generating development,including but not limited to:(a)construction of new through lanes, (b) construction of new bridges, (c) construction of new drainage facilities in conjunction with new road construction, (d) purchase and installation of traffic signals, including new and upgraded signalization, (e) construction of curbs, gutters, sidewalks, medians and shoulders,(f)relocating utilities to accommodate new road construction,(g)the construction and reconstruction of intersections, (h)the widening of existing roads, (i)bus turnouts, (j) acceleration and deceleration lanes, (k) interchanges, and (1) traffic control devices. Direct access improvements are not included in the definition of Road Capital Improvement. Direct access improvements include but are not limited to the following: (a) driveways and streets linking the development to the Major Road System; (b)right and left turn lanes leading to those driveways and streets; (c) traffic control measures for those driveways and street;and(d)those improvements required by the State Highway access code. 16. Road Capital Improvement Plan(Road CIP)means the list of improvements to the Major Roadway System needed to accommodate growth along with descriptions and cost estimates, which is attached to this Regulation as Exhibit"B." 17. Road Impact Fee Board means the body that serves as the appeal board for all decisions on independent fee calculations,credits,and refunds made by the Road Impact Fee Committee and that authorizes the expenditure of road impact fee funds. In the event that there are no Participating Municipalities,the Eagle County Board of County Commissioners shall serve as the Road Impact Fee Board. Otherwise, the Road Impact Fee Board shall consist of one elected official from Eagle County and each of the Participating Municipalities, who is appointed by a majority vote of the governing board of the Participating Municipality. Members of the Road Impact Fee Board may be removed by their governing bodies at any time, and shall cease to be members when their term of elective office expires. 18. Road Impact Fee Committee means the body responsible for administering independent fee calculation studies,credits,and refunds for the road impact fee program,recommending the expenditure of impact fee funds to the Road Impact Fee Board,preparing an annual report and LAND USE REGULATIONS 4-118 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS initiating a periodic review of the impact fee program.The Road Impact Fee Committee shall consist of the public works director,engineer and planning director of Eagle County and any Participating Municipality. 19. Road Impact Fee Study means the Road Impact Fee and School Fee-In-Lieu Study for Eagle County Colorado,prepared by Duncan Associates in December 1999,and the Update to the Road Impact Fee Study,October 2007,prepared by Eagle County,as may be amended. (am. 01/22/08) 20. Transportation Plan means the document entitled Eagle County 2025 Road Capital Improvement Plan, Phase I, Technical Memorandum: Year 2025 Traffic Forecasting, prepared by Felsburg Holt&Ullevig,July 2004;and County 2025 Road Capital Improvement Plan,Phase II,Technical Memorandum:Preliminary Opinions of Probably Cost for Roadway Capacity Improvements„ prepared by Felsburg Holt and Ullevig, October 2007 as may be amended. (am. 01/22/08) 21. Traffic-Generating Development means land 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 Traffic-Generating Development in a manner that increases the generation of vehicular traffic. 22. Traffic-Generating Development, Commencement of, occurs upon the issuance of a building permit or other applicable approval process,on a lot or other parcel of land for which road impact fees have not previously been determined and paid. (am. 7/29/04) 23. Trip means a one-way movement of vehicular travel from an origin (one trip end) to a destination(the other trip end). 24. Trip Generation means the attraction or production of trips caused by a certain type of land development. E. Imposition of Fee. 1. Time of Fee Obligation and Payment. a. After the effective date of this Regulation, upon the Commencement of Traffic-Generating Development within unincorporated areas of the county, a road 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 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 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 4-710.H, Credits,they shall also be determined at that LAND USE REGULATIONS 4-119 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS time. The fee shall be computed separately for the amount of construction activity covered by the pettttit,if the building permit is for less than the entire development. If the fee is imposed for a Traffic-Generating Development that increases traffic impact because of a change in use, the fee shall be determined by computing the difference in the fee schedule between the new Traffic-Generating Development and the existing Traffic-Generating Development. The obligation to pay the impact fee shall run with the land. (am 03/12/02). (am. 07/29/04) b. Any person who prior to the effective date of this Regulation agreed as a condition of development approval to pay a road impact fee,shall be responsible for the payment of the fee under the terms of any such agreement,and the payment of such fee by the developer will be offset against any impact fees due pursuant to the terms of this Regulation. c. The Board of County Commissioners or participating municipality may use any non- impact fee funds to pay the road impact fees, for any project that furthers adopted County or Community goals,objectives, and policies. 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 vehicular trips will be produced. b. The construction of accessory buildings or structures that will not produce additional vehicular trips 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 trips will be produced over and above that produced by the original use of the land. d. Any development of a lot having been legally created prior to the effective date of this regulation(orig.05/15/0 I)shall be exempt from the payment of road impact fees, unless a re-plat occurs. The following types of re-plat will not necessitate payment of Road Impact Fees: .(am. 7/29'04) • Minor Type`B' Subdivisions for the purpose of subdividing condominium space in duplex,triplex, multifamily or non-residential structures; • Minor Type`B' Subdivisions for the purpose of subdividing residential duplex, triplex, townhomes, and non-residential structures where no net gain in residential units or, non-residential square footage will be realized; • Amended Final Plats for the purpose of adjusting internal lot lines where no net gain in residential units, or non-residential square footage will be realized; • Correction Plats. LAND USE REGULATIONS 4-120 EAGLE COUNTY,COLORADO Article 4 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 traffic. 3. Waiver by the Board of County Commissioners. The Board of County Commissioners may waive the applicable Road Impact Fee on the development of low or moderate-income housing or affordable employee housing as defined by Eagle County government in this Section 4-710 of these Land Use Regulations,pursuant to C.R.S.29-20-104.5(5). .(am.7/29/04) F. Administrative Calculation of Fee. Any person who causes the Commencement of Traffic-Generating Development, except those persons exempted or preparing an independent fee calculation study pursuant to Section 4-710.G,Independent Fee Calculation Study, shall pay a road impact fee calculated by the Impact Fee Administrator in accordance with the following provisions. 1. Use Specified in Fee Schedule. If the type of Traffic-Generating Development for which a building permit is requested is specified on the fee schedule in Exhibit"A,"which is attached to this Regulation and incorporated herein by reference,the Impact Fee Administrator will calculate the fee based on the fee schedule. The descriptions of the land use codes in the 7th edition of the report titled Trip Generation prepared by the Institute of Transportation Engineers(ITE)shall be used to determine the appropriate land use type. (am. 01/22/08) 2. Use Not Specified in Fee Schedule.If the type of Traffic-Generating Development for which a building permit is requested is not specified on the fee schedule, the Impact Fee Administrator shall determine the fee in one of the following two ways. In determining the appropriate road impact fee under this subsection,the Administrator shall be guided by the data contained in the most current edition of the report titled Trip Generation prepared by the Institute of Transportation Engineers(ITE),articles or reports appearing in the ITE Journal, studies or reports done by the U.S.Department of Transportation or Colorado Department of Transportation, and other published information from similar sources. a. The Impact Fee Administrator shall determine the fee on the basis of the fee applicable to the most nearly comparable type of land use on the fee schedule,based on similar trip generation characteristics; or b. If the Impact Fee Administrator determines that there is published data that more accurately represents the likely trip generation of the proposed use than the most comparable land use in the fee schedule,the Administrator shall determine the fee using trip generation rates derived from published data,and applying the formula set forth in Section 4-710.G.2, Independent Fee Calculation Study Formula. 3. Uses With Extraordinary Impacts. Notwithstanding the foregoing provisions,if the Impact Fee Administrator concludes that the nature,timing,or location of the proposed development make it likely to generate impacts costing substantially more to mitigate than the amount of the fee that would be generated by the use of the fee schedule or published data on trip generation, the Administrator may determine the fee according to an independent fee calculation study prepared pursuant to Section 4-710.G. LAND USE REGULATIONS 4-121 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 4. Appeal of Administrative Calculation. a. A fee payer affected by the administrative calculation of a road impact fee may appeal such decision to the Road Impact Fee Board, by filing with the Impact Fee Administrator within ten(10)days of the date of the written decision,a written notice stating and specifying briefly the grounds of the appeal. The Impact Fee Administrator shall place the appeal on the Road Impact Fee Board's agenda for the next regularly scheduled meeting. c. The Road Impact Fee Board,after a hearing,shall have the power to affirm or reverse the decision of the Impact Fee Administrator. In making its decision, the Road Impact Fee Board shall make written findings of fact and conclusions of law, and apply the standards in this Section 4-710.F,Administrative Calculation of Fee. If the Road Impact Fee Board reverses the decision of the Impact Fee Administrator, it shall direct the Administrator to recalculate the fee in accordance with its findings. In no case shall the Road Impact Fee Board have the authority to negotiate the amount of the fee or waive the fee. The decision of the Road Impact Fee Board shall be final. 5. Amount of Impact Fee.For this section a development application shall include all types of applications except for PUD Sketch Plan and Subdivision Sketch Plan: (orig. 01/22/08) a. For all lots where the development application of the lot was determined complete(as defined in Section 5-210.3) after the effective date of this regulation as amended (orig. 03/01/2008),the amount of the impact fee shall be from Column A in Exhibit "A",Road Impact Fee Schedule. (orig. 01/22/08) b. For all lots where the development application of the lot was determined complete(as defined in Section 5-210.3) before the effective date of this regulation as amended (orig. 03/01/2008),the amount of the impact fee shall be from Column B in Exhibit "A",Road Impact Fee Schedule. (orig. 01/22/08) c. For all lots that are applicable to Section 4-710.E.2.d shall be subject to said section. (orig. 01/22/08) G. Independent Fee Calculation Study. 1. General. a. The impact fee may be computed by the use of an independent fee calculation study at the election of the fee payer. The impact fee may also be computed by the use of an independent fee calculation study upon the request of the Road Impact Fee Committee for any proposed Traffic-Generating Development interpreted as not one of those types listed on the fee schedule or as one that is not comparable to any land use on the fee schedule, or for any proposed Traffic-Generating Development for which the Road Impact Fee Committee concludes the nature,timing, or location of the proposed development make it likely to generate impacts costing substantially more to mitigate than the amount of the fee that would be generated by the use of the fee schedule. LAND USE REGULATIONS 4-122 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS b. The preparation of the independent fee calculation study shall be the responsibility of the fee payer. c. Any person who requests to perform an independent fee calculation study shall pay an application fee for administrative costs associated with the review and decision on such independent fee calculation study. 2. Formula. The independent fee calculation study for the road impact fee shall be calculated by the use of the following formula: LAND USE REGULATIONS 4-123 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS Impact Fee = TRIPS x NETCOST/TRIP Where: TRIPS = TRIPRATE x%NEW NET = COST/TRIP- FUNDING/TRIP COST/TRIP COST/TRIP = GROWTHCOST LI NEWTRIPS FUNDING/TRIP = FUNDING LI EXISTTRIPS x PVF GROWTH = COST-DEFICIENCY-CDOT COST Where: TRIP RATE = Average daily trip ends on a weekday(ADT)per unit of development (e.g., dwelling unit or 1,000 square feet) °A NEW = %of ADT that are primary as opposed to passby or diverted-link trips COST = Total cost of growth-related improvements required to maintain LOS C over,planning horizon DEFICIENCY = The cost of remedying existing level-of-service deficiencies CDOT = Anticipated state/federal project funding for growth-related improvements over the planning horizon NEW TRIPS = Projected increase in average of winter and summer average daily trip ends in Eagle County over the planning horizon FUNDING = Average annual historic expenditures by local governments in Eagle.County on capacity-expanding road improvements, including debt service payments EXIST TRIPS = Average of winter and summer average daily trip ends in Eagle County generated by existing development PVF = Present value factor for converting an annual funding stream for the next 20 years(life of road facility) into equivalent lump sum payment based on a discount rate representing a typical rate of return on investment(e.g., 5.5%) LAND USE REGULATIONS 4-124 EAGLE CO UN Y.COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 3. Data Sources. The fee calculation shall be based on data, information, or assumptions contained in this Regulation or independent sources,provided that: a. The independent source is an accepted standard source of transportation engineering or planning data or information; or b. The independent source is a local study on trip characteristics carried out by a qualified traffic planner or engineer pursuant to an accepted methodology of transportation planning or engineering. 4. Procedure. a. An independent fee calculation study shall be undertaken through the submission of an application for an independent fee calculation. A potential Fee payer may submit such an application. The Road Impact Fee Committee shall submit such an application for any proposed Traffic-Generating Development interpreted as not one of those types listed on the fee schedule or as one that is not comparable to any land use on the fee schedule,and for any proposed Traffic-Generating Development for which it is concluded the nature, timing, or location of the proposed development make it likely to generate impacts costing substantially more to mitigate than the amount of the fee that would be generated by the use of the fee schedule. b. Within ten (10) days of receipt of an application for independent fee calculation study,the Road Impact Fee Committee shall determine if the application is complete. If the Road Impact Fee Committee determines that the application is not complete,a written statement specifying the deficiencies shall be sent by mail to the person submitting the application. The application shall be deemed complete if no deficiencies are specified. The Road Impact Fee Committee shall take no further action on the application until it is deemed complete. c. When the Road Impact Fee Committee determines the application is complete,the application shall be reviewed and the Road Impact Fee Committee shall render a written decision in thirty(30)days on whether the fee should be modified,and if so, what the amount should be, based on the standards in this Section 4-710.G, Independent Fee Calculation Study. 5. Standards. If on the basis of generally-recognized principles of impact analysis it is determined the data, information and assumptions used by the applicant to calculate the independent fee calculation study satisfies the requirements of this subsection, the fee determined in the independent fee calculation study shall be deemed the fee due and owing for the proposed Traffic-Generating Development. The adjustment shall be set forth in a Fee Agreement. If the independent fee calculation study fails to satisfy the requirements of this subsection, the fee applied shall be that fee established for the Traffic-Generating Development in Section 4-710.F,Administrative Calculation of Fee. LAND USE REGULATIONS 4-125 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 6. Appeal of Independent Fee Calculation Study Decision. a. A fee payer affected by the administrative decision of the Road Impact Fee Committee on an independent fee calculation study may appeal such decision to the Road Impact Fee Board, by filing with the Road 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 Road Impact Fee Committee shall place the appeal on the Road Impact Fee Board's agenda for the next regularly scheduled meeting. b. The Road Impact Fee Board,after a hearing,shall have the power to affirm or reverse the decision of the Road Impact Fee Committee. In making its decision, the Road Impact Fee Board shall make written findings of fact and conclusions of law, and apply the standards in this Section 4-710.G,Independent Fee Calculation Study. If the Road Impact Fee Board reverses the decision of the Road Impact Fee Committee, it shall direct the Committee to recalculate the fee in accordance with its findings. In no case shall the Road Impact Fee Board have the authority to negotiate the amount of the fee or waive the fee. The decision of the Road Impact Fee Board shall be final. H. Credits. 1. General Standards. a. Any person causing the Commencement of a Traffic-Generating Development may apply for credit against road impact fees otherwise due,up to but not exceeding the full obligation for 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 a Participating Municipality for Road Capital Improvements. b. Credits for contributions, construction or dedication of land for Road Capital Improvements shall be transferable within the same development,but shall only be used to offset road impact fees for the same development. c. Credit shall be in an amount equal to fair market value of the land dedicated for right-of-way 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 a Road Capital Improvement. d. The credit shall not exceed the amount of the impact fees due and payable for the proposed Traffic-Generating Development, except pursuant to Section 4-710.H.2, Capital Contribution Front-Ending Agreement. 2. Capital Contribution Front-Ending Agreement. Eagle County may enter into a Capital Contribution Front-Ending Agreement with any person causing the Commencement of a Traffic-Generating Development who proposes to construct Road Capital Improvements. To the extent that the fair market value of the construction of these Road Capital Improvements exceeds the obligation to pay impact fees for which a credit is provided pursuant to this Section 4-710.H.1, Credits General Standards, the Capital Contribution Front-Ending Agreement may provide proportionate and fair share reimbursement. LAND USE REGULATIONS 4-126 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 3. Pre-Impact Fee Credits. The following provisions apply to credits for Road Capital Improvements completed prior to the effective date of this Regulation. a. Application shall be made, on forms provided by the Impact Fee Administrator, within two(2)years after the effective date of this Regulation. b. In the event that the development for which the credits are claimed is partially completed, the amount of the credits shall be reduced by the amount of the road impact fees that would have been charged for the completed portion of the development had this Regulation been in effect at 100 percent of the fees in Exhibit c. In the event that the development project has been fully completed,no credits shall be issued. d. The value of the credits will be the fair market value of the land or construction at the time the dedication or construction was made,or the face value of the amount of any cash payment. e. If the amount of the road impact fees that would be due for the entire development project for which the Road Capital Improvement was made is known with certainty, the credit will be expressed as a percent reduction and all road impact fees charged on the remaining building permits issued within the development will be reduced by that percentage. If the amount of the road impact fees that would be due for the entire development project for which the Road Capital Improvement was made is not known with certainty,the credit will be applied against the full amount of the fee that would be due for each building permit issued on a first come,first served basis until the amount of the credit has been exhausted. For example, suppose a credit of $75,000 applies to a 100-lot single-family subdivision,on which 50 houses have been built prior to the effective date of the impact fees. Suppose that the current road impact fee rate is$1,000 per single-family unit. The first step is to deduct the amount that would have been owed for the units already built,which is$50,000,leaving a net credit amount of$25,000 to be applied to the remaining units. The credit is 50 percent of the amount due for the remaining units,so all fees for this development are reduced by this percentage. On the other hand, if one of the remaining lots was a multi-family lot and the total fees due from the remaining development could not be determined, then up to the full amount of the fees would be credited as building permits are applied for until the credit is exhausted. f. 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 and proof of payment. (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 of dedication,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 LAND USE REGULATIONS 4-127 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 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 a certified copy of the development permit in which the improvement was agreed to be constructed and evidence of the actual cost of improvement,which may 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. 4. Post-Impact Fee Credits. The following provisions apply to credits for Road Capital Improvements completed after the effective date of this Regulation. a. The determination of any credit shall be undertaken through the submission of an Application for Credit Agreement,which shall be submitted to the Road Impact Fee Committee. 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 Traffic-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 shall be based on local information for similar improvements, along with the construction timetable for the completion thereof. Such estimated cost 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. LAND USE REGULATIONS 4-128 EAGLE COUNT};COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 5. Procedure for Review of Credit Applications. a. Within ten(10)days of receipt of the proposed Application for Credit Agreement,the Road Impact Fee Committee shall determine if the application is complete. If it is determined that the proposed Agreement is not complete, the Road Impact Fee Committee shall send a written statement to the applicant outlining the deficiencies. The Road 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 Road 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 Section 4-710.H, Credits. c. If the Application for Credit Agreement is approved by the Road Impact Fee Committee, a Credit Agreement shall be prepared and signed by the applicant and Eagle County or the Participating Municipality 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. 6. Appeal of Credit Decision. A fee payer affected by the decision of the Road Impact Fee Committee regarding credits may appeal such decision to the Road Impact Fee Board by filing with the Road 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 Road Impact Fee Committee shall place such appeal on the Road Impact Fee Board's agenda for the next regularly scheduled meeting. The Road Impact Fee Board,after a hearing,shall affirm or reverse the decision of the Road Impact Fee Committee based on the standards of this Section 4-710.H,Credits. If the Road Impact Fee Board reverses the decision,it shall direct the Road Impact Fee Committee to readjust the credit in accordance with its findings. The decision of the Road Impact Fee Board shall be final. Benefit Areas. 1. Establishment. For the purpose of further ensuring fee payers receive sufficient benefit for fees paid,two Benefit Areas are established in the county. The Benefit Areas are shown in Exhibit"D", which is attached hereto and incorporated herein by reference. 2. Expenditure. Impact fee funds shall be spent within the Benefit Area within which the Traffic-Generating Development paying the fee is located, except that where a road on the Road System is used to define Benefit Area boundaries,the road demarcating the boundary shall be considered as part of both Benefit Areas that it bounds, and impact fees from both LAND USE REGULATIONS 4-129 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS Benefit Areas may be used to fund capital improvements for that road. The expenditure of impact fee funds shall be limited to those Road Capital Improvement projects included in the Road CIP. For projects that are wholly or partially needed to address existing deficiencies, only the eligible portion of the cost shall be funded with impact fee revenues,as identified in Exhibit"B." 3. Establishment of Trust Fund. a. Eagle County hereby establishes the Road Impact Fee Trust Fund for the purpose of ensuring that fee payers receive sufficient benefit for road impact fees paid. b. Each Participating Municipality also establishes a trust fund in their Regulations into which road impact fees collected within their jurisdiction shall be placed until transfer to the Impact Fee Administrator pursuant to this Regulation and the intergovernmental agreement with respect thereto, and placement into the Road Impact Fee Trust Fund. 4. Deposit in Trust Fund/General Requirements for Trust Fund. a. All road impact fees collected by the Impact Fee Administrator shall be immediately deposited into the Trust Fund. b. All road impact fees collected by a Participating Municipality shall be immediately deposited into that Participating Municipality's Trust Fund. c. All refunds of Trust Fund monies received from CDOT or other agency shall be immediately deposited into the Trust Fund. d. All proceeds shall be invested in an interest-bearing account. All income derived from these investments shall be retained in the trust fund until transferred or spent, whichever is appropriate. Record of each trust fund account shall be available for public inspection. e. Quarterly, and pursuant to the intergovernmental agreements,the Participating Municipalities shall transfer the impact fee funds in their Trust Funds to the Impact Fee Administrator for deposit in the County's Trust Fund. All proceeds in the Trust Fund not immediately necessary for expenditure shall be invested in an interest bearing account. All income derived from these investments shall be retained in the trust fund. Record of the Trust Fund shall be available for public inspection in the Impact Fee Administrator's office, during normal business hours. 5. Timing of Expenditures. For the purposes of determining whether impact fee funds have been spent or encumbered,the first fees collected shall be considered the first monies spent or encumbered. 6. Annual Recommendation for Expenditure of Fees. Each year, at the time the annual County budget is reviewed,the Road Impact Fee Committee shall recommend appropriations to be spent from the Trust Fund to the Road Impact Fee Board. After review of the recommendation, the Road Impact Fee Board shall approve or modify the recommended expenditures of the trust fund monies. Expenditures shall be made from the Trust Fund only for those Road Capital Improvement projects on the Road CIP, or preparing updates to the CIP,updates to the Transportation Plan,or supporting studies. Any amounts not appropriated from the Trust Fund together with any interest earnings shall be carried over to the following LAND USE REGULATIONS 4-130 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS fiscal period. 7. Annual Report on Expenditures. Each year, after the decision of the Road Impact Fee Board about the expenditure of impact fee appropriations,the Road Impact Fee Committee shall prepare an annual report to the County and Participating Municipalities identifying the projects for which the Road Impact Fee Board has approved funds. J. Refunds. 1. General. Any fees collected shall be returned to the fee payer or the fee payer's successor in interest if the fees have not been spent within ten(10)years from the date the building permit for the development was issued,along with interest of five percent(5%)a year. Fees shall be deemed to be spent on the basis of the first fee collected shall be the first fee spent. 2. Refund Procedure. The refund shall be administered by the Road Impact Fee Committee, and shall be undertaken through the following process: a. A Refund Application shall be submitted within one(1)year following the end of the tenth (10th) year from the date on which the building permit was issued on the proposed development. The Refund Application shall include the following information: (1) A copy of the dated receipt issued for payment of the fee; (2) A copy of the building permit;and (3) Evidence that the applicant is the successor in interest to the fee payer. b. Within ten (10) days of receipt of the Refund Application, the Road Impact Fee Committee shall determine if it is complete. If the Road Impact Fee Committee determines the application is not complete, a written statement specifying the deficiencies shall be forwarded by mail to the person submitting the application. Unless the deficiencies are corrected,the Road Impact Fee Committee shall take no further action on the Refund Application. c. When the Road Impact Fee Committee determines the Refund Application is complete, it shall be reviewed within thirty(30)days, and shall be approved if it is determined the fee payer or a successor in interest has paid a fee that has not been spent within the period of time permitted under this Section 4-710.J,Refunds. The refund shall include the fee paid plus interest of five percent(5%)a year. 3. Appeal of Refund Decision. A fee payer affected by a decision of the Road Impact Fee Committee may appeal such decision to the Road Impact Fee Board by filing with the Road 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 Road Impact Fee Committee shall place such appeal on the Road Impact Fee Board's agenda. The Road Impact Fee Board, after a hearing, shall affirm or reverse the decision of the Road Impact Fee Committee based on the standards in this Section 4-710.J,Refunds. If the Road Impact Fee Board reverses the decision of the Road Impact Fee Committee,it shall direct the Committee to readjust the refund in accordance with its findings. In no case shall the Road Impact Fee Board have the authority to negotiate the amount of the refund. The decision of the Road Impact Fee Board shall be final. LAND USE REGULATIONS 4-131 - EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS K. Review Every Five Years. At least once every five(5)years,the Road Impact Fee Committee shall recommend to the Road Impact Fee Board and to the County and Participating Municipalities whether any changes should be made to the Transportation Plan, Road Impact Fee Study, Road CIP, this Regulation,and the Regulations of the Participating Municipalities. The purpose of this review is to analyze the effects of inflation on actual costs, to assess potential changes in needs, to assess any changes in the characteristics of land uses, and to ensure that the road impact fees will not exceed a proportionate share. To be amended, the Road CIP must be approved by Eagle County and all Participating Municipalities. L. Final Determination Before Permit Approval. No final plat or building permit shall be approved before final,un-appealable determination of the Road Impact Fee has been made,if applicable. Exhibit A ROAD IMPACT FEE SCHEDULE Land Use Type* Unit Fee/Unit Legacy Fee/Unit Column A s Column B t Single-Family Detached/Accessory Dwelling Dwelling $4,378 $1,600 Single-Family Detached/Accessory Dwelling>5,000 sf Dwelling $5,691 $1,600 Townhouse**/Duplex Dwelling $2,678 $979 Townhouse**/Duplex>4,000 sf Dwelling $3,481 $979 Multi-Family Dwelling $3,034 $1,109 Mobile Home Park Site $2,194 $802 Hotel/Motel/Lodge/Bed&Breakfast Room $2,577 $942 Retail/Commercial Shopping Center/General Retail<100,000 sf 1000 sq. ft. $8,737 $5,805 Shopping Center/General Retail<250,000 sf 1000 sq. ft. $9,026 $4,923 Shopping Center/General Retail<500,000 sf 1000 sq. ft. $8,569 $4,232 Shopping Center/General Retail 500,000 sf+ 1000 sq. ft. $7,670 $3,504 Automobile Parts Sales 1000 sq. ft. $11,204 $4,549 Automobile Sales 1000 sq. ft. $3,695 $2,756 Automobile Service/Repair/Tire Store 1000 sq. ft. $2,955 $2,118 Bank/Financial Institution 1000 sq. ft. $3,939 $5,758 Building Materials&Lumber Store 1000 sq. ft. $8,168 $3,317 Car Wash, Self-Service Stall $22,210 $9,018 Convenience Store 1000 sq. ft. $5,261 $14,790 Discount Club 1000 sq. ft. $8,251 $3,350 Discount Store 1000 sq. ft. $11,179 $4,539 Discount Superstore 1000 sq.ft. $9,271 $3,764 Electronics Superstore 1000 sq. ft. $8,892 $3,611 Furniture Store 1000 sq. ft. $420 $170 Gasoline Service Station Fueling $2,232 $3,263 Hardware/Paint Store 1000 sq. ft. $10,554 $4,285 Home Improvement Superstore 1000 sq. ft. $4,615 $1,874 Garden Center Store 1000 sq. ft. $7,420 $3,013 Nursery Acre $19,784 $8,033 Pharmacy/Drug Store 1000 sq. ft. $14,864 $6,035 LAND USE REGULATIONS 4-132 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS Land Use Type* Unit Fee/Unit Legacy Fee/Unit Column A Column B t Quick Lubrication Vehicle Shop Service $4,755 $3,407 Restaurant, Fast Food 1000 sq. ft. $24,541 $10,772 Restaurant, Sit-Down 1000 sq. ft. $8,123 $5,708 Wholesale Market 1000 sq. ft. $1,859 $755 Video Rental Store 1000 sq.ft. $2,797 $1,136 Health Care Nursing Home 1000 sq.ft. $2,148 $785 Hospital 1000 sq.ft. $7,668 $2,802 Office,Medical 1000 sq.ft. $16,516 $6,035 Congregate Care/Assisted Living Dwelling $987 $361 Office/Institutional Cemetery Acre $2,166 $792 Church 1000 sq. ft. $4,168 $1,523 Day Care Center 1000 sq. ft. $2,086 $3,176 Education Facility 1000 sq. ft. $2,724 $995 Government Office Building 1000 sq. ft. $7,879 $5,758 Library 1000 sq.ft. $6,170 $4,509 Office, General<100,000 sf 1000 sq.ft. $6,069 $2,218 Office, General<200,000 sf 1000 sq. ft. $5,164 $1,887 Office, Genera1200,000 sf+ 1000 sq.ft. $4,698 $1,717 Recreational Arena Acre $15,236 $5,568 Bowling Alley 1000 sq.ft. $15,236 $5,568 Campground/RV Park Acre $33,992 $12,421 City Park Acre $731 $267 County Park Acre $1,042 $381 Golf Course(with ancillary uses) Hole $16,333 $5,969 Horse Racetrack Acre $19,651 $7,181 Movie Theater 1000 sq. ft. $35,673 $13,036 Racquet Club 1000 sq. ft. $7,833 $2,862 Recreational Community Center 1000 sq.ft. $10,456 $3,821 Events/Performing Arts Center *** *** Tennis Courts Court $14,185 $5,184 Industrial Industrial,General 1000 sq. ft. $3,190 $1,166 Truck Terminal 1000 sq.ft. $4,506 $1,647 Warehouse 1000 sq. ft. $2,267 $828 Mini-Warehouse 1000 sq.ft. $1,143 $418 Gravel Pit/Mining Operations *** *** * Descriptions of the land use codes in the 6th edition of the report entitled Trip Generation prepared by the Institute of Transportation Engineers(ITE)shall be used to define the Land Use Types. LAND USE REGULATIONS 4-133 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIJ7S1ON 4-7 IMPACT FEES AND LAND DED/CATION STANDARDS ** Townhouse for the purpose of these Road Impact Fees is defined as a single dwelling unit constructed as part of a series of three or more dwellings, all of which are attached to the adjacent dwelling by party walls with no visible separation. Each dwelling is located on a separate platted lot. *** Independent Fee Calculation Study required j Legacy Fee/Unit. See Section 4-710.F.5. Exhibit B ROAD CAPITAL IMPROVEMENT PROGRAM(CIP) Area Project Description Total Cost Eligible Cost 1 Gypsum US 6, I-70 to Valley Rd $30,290,141 $21,981,988 2 Gypsum US 6 Valley Road to Cooley Mesa Road $9,943,734 9,943,734 3 Gypsum/Eagle US 6,Cooley Mesa Rd to Eby Creek Rd $31,998,428 $15,386,804 4 Eagle Eagle Spur Road(Eby Creek Rd) $5,001,866 $2,470,274 5 Eagle/Wolcott US 6 Eagle to Wolcott $71,968,026 $71,968,026 6 Wolcott US 6 Wolcott to Squaw Creek Road $49,719,916 $49,719,916 7 Edwards US 6 Squaw Creek Road to Lake Creek Road $11,544,032 $7,716,821 8 Edwards US 6 Lake Creek Road to Edwards Area $4,159,041 $2,730,363 9 Edwards US 6 Edwards Area $17,210,233 $11,298,321 10 Edwards US 6 Bull Run Road to Arrowhead $21,306,030 $15,881,024 11 Edwards US 6 Arrowhead Area $4,138,826 $3,084,986 12 Edwards/Avon US 6 Arrowhead Area to East Beaver Creek Area $6,247,573 $4,656,797 13 Avon US 6 Beaver Creek Area $14,463,254 $10,780,576 14 Avon US 6 Beaver Creek Area to Avon Road $10,613,177 $7,910,818 15 Avon US 6 Avon Road to Eagle Bend Apartments $2,187,253 $1,451,076 16 Avon US 6 Eagle Bend Apartments to Stonebridge $4,555,331 $3,022,116 Drive 17 Avon US 6 Stonebridge Drive to Post Boulevard $6,379,390 $4,232,241 18 Avon/ US 6 Post Boulevard to Eagle Road Eagle-Vail g $5,937,835 $3,939,303 19 Eagle-Vail US 6 Eagle Road to Commercial Area $1,707,336 $1,132,688 20 Eagle-Vail US 6 Through Commercial Area $7,512,707 $7,512,707 21 Eagle-Vail US 6 Commercial Area to Dowd Junction $9,513,491 $6,311,479 22 Edwards I-70 G (Edwards Spur Road) 1-70 to US 6 $37,850,967 $20,466,389 23 Edwards Edwards Village Boulevard $719,965 $719,965 24 Edwards US 6 and I-70 G(Edwards Spur Road) $2,219,875 $2,144,483 Intersection 25 Minturn SH 24 Dowd Junction to Minturn $14,022,330 $14,022,330 26 El Jebel El Jebel Road Hwy 82 to JW Drive $3,332,004 $2,667,975 27 El Jebel Upper Cattle Creek Rd No. of JW Dr 0.5 miles $3,297,154 $2,640,070 28 El Jebel SH 82/EI Jebel Road Intersection Improvements $746,090 $597,403 29 El Jebel Hwy 82/Willits Lane Intersection $629,487 $505,631 30 Basalt Hwy 82/Original Road Intersection $600,000 $480,460 31 El Jebel/Basalt SH 82 Through Eagle County $37,342,250 $37,342,250 32 Minturn SH 24 Minturn to Gilman $31,096,183 $31,096,183 LAND USE REGULATIONS 4-134 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS # Area Project Description Total Cost Eligible Cost 33 Edwards Squaw Creek Road Shoulder Widening $2,568,316 $2,568,316 34 Edwards Homestead Drive Improvements $528,767 $528,767 35 El Jebel/Basalt Valley Road Improvements $1,824,953 $1,824,953 36 Gypsum Cooley Mesa Road, Valley Road to Gateway Area $10,581,686 $10,581,686 Total Needs 2008-2025 $473,757,647 $391,318,919 Exhibit C MAJOR ROAD SYSTEM Facility Segment Miles Surface I-70 Co. Line to Colo. River Rd 3.3 Paved I-70 Colo R Rd to Interchange 140 6.2 Paved _ I-70 Interchange 140 to 147 7.0 Paved I-70 Interchange 147 to 157 9.5 Paved I-70 Interchange 157 to 163 5.7 Paved 1-70 Interchange 163 to 167 3.8 Paved 1-70 Interchange 167 to 171 4.4 Paved 1-70 Interchange 171 to 173 2.3 Paved 1-70 Interchange 173 to 176 2.8 Paved 1-70 Interchange 176 to 180 3.8 Paved I-70 Interchange 180 to Co. Line 9.5 Paved I-70 Frontage Rd E Vail to E end of Ford Park 2.6 Paved I-70 Frontage Rd E end of Ford Park to Vail Valley Dr 0.7 Paved I-70 Frontage Rd Vail Valley Dr to Main Roundabout 0.4 Paved I-70 N Frontage Rd Arosa Dr to W Vail Roundabout 0.4 Paved I-70 N Frontage Rd W Vail Roundabout to Buffer Creek 0.6 Paved 1-70 N Frontage Rd Buffer Creek to Red Sandstone 1.1 Paved 1-70 N Frontage Rd Red Sandstone to Main Round 1.2 Paved I-70 S Frontage Rd Main Roundabout to Hospital 0.2 Paved 1-70 S Frontage Rd Hospital to Lionshead Parking Str 0.7 Paved 1-70 S Frontage Rd Lionshead Parking to Forest Rd 0.6 Paved I-70 S Frontage Rd Forest Rd to Cascade Village 0.6 Paved I-70 S Frontage Rd Cascade Village to Gore Creek Dr 1.2 Paved I-70 S Frontage Rd Gore Creek Dr to W Vail Round 0.2 Paved I-70 S Frontage Rd W Vail Roundabout to end 1.2 Paved US 6 I-70(Gypsum)to Brush Creek Rd 7.6 Paved US 6 Brush Creek Rd to SR 131 9.3 Paved US 6 SR 131 to Squaw Creek Rd 4.2 Paved US 6 Squaw Creek Rd to Lake Creek Rd 2.3 Paved US 6 Lake Creek Rd to Intersection 171 8.9 Paved US 24 I-70 to Tigiwan Rd 5.2 Paved US 24 Tigiwan Rd to Shrine Pass Rd 6.2 Paved US 24 Shrine Pass Rd to Co. Line 12.4 Paved LAND USE REGULATIONS 4-135 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS Facility Segment Miles Surface SR 131 US 6 to Landfill Rd 2.0 Paved SR 131 Landfill Rd to Trough Rd 11.6 Paved SR 131 Trough Rd to Co. Line 7.7 Paved SR 82 Garfield Co Line to Pitkin Co. 5.2 Paved Beard Creek Dr 1-70 to surface chg 1.4 Paved Beard Creek Dr Surface change to end 0.1 Unpaved Beaver Creek Dr 1-70 to end 1.0 Paved Bellyache Ridge Rd 1-70 to end 5.5 Paved Bighorn Rd 1-70 to end of paving 1.7 Paved Bruce Creek Rd Brush Creek Rd to end 2.1 Unpaved Brush Creek Rd 1-70 to E Brush Creek Rd 9.9 Paved Brush Creek Rd E Brush Creek Rd to Sylvan Lake 4.7 Unpaved Brush Creek Rd Sylvan Lake to County Line 11.0 No Plow Buck Creek Rd 1-70 to end 1.4 Paved Colorado River Rd 1-70 to Deep Creek Rd 1.7 Paved Colorado River Rd Deep Creek Rd to Sweetwater Rd 5.3 Paved Colorado River Rd Sweetwater Rd to end of paving 9.5 Paved Colorado River Rd End of paving to Derby Mesa 6.4 Unpaved Colorado River Rd Derby Mesa Loop to Poppy Creek 6.5 Unpaved Colorado River Rd Poppy Creek Rd to SR 131 5.3 Unpaved Cooley Mesa Rd Gypsum Creek Rd to US 6 4.0 Paved Copper Spur Rd SR 131 to County Line 2.5 Unpaved Cottonwood Creek Rd Sheephorn Creek Rd to end 1.9 Unpaved Cottonwood Pass Rd Gypsum Creek Rd to Gypsum Creek 0.8 Paved Cottonwood Pass Rd Gypsum Creek to no plow 2.0 Unpaved Cottonwood Pass Rd No plow to Co.Line 11.4 No Plow Deep Creek Rd Colorado River Rd to no plow . 1.0 Unpaved Deep Creek Rd No plow to County Line 6.5 No Plow Derby Mesa Loop Colorado River Rd to Derby Mesa ... 15.0 Unpaved E Brush Creek Rd Brush Creek Rd to no plow 5.9 Unpaved Eby Creek Rd 1-70 to end of paving 0.9 Paved Eby Creek Rd End of paving to priv gate 1.3 Unpaved Fender Ln Upper Cattle Creek Rd to surf chg 0.2 Paved Fender Ln Surface change to Co.Line 0.9 Unpaved Frying Pan Rd SR 82 to Co. Line 10.4 Paved Frying Pan Rd Co.Line to Co.Line(reservoir) 4.7 Paved Gypsum Creek Rd US 6 to end of paving 5.0 Paved Gypsum Creek Rd end of paving to end of plowing 8.2 Unpaved Landfill Rd SR 131 to end 1.5 Unpaved Miller Ranch Rd I-70G(Edwards Spur)to US 6 1.3 Paved Piney Lake Rd 1-70 to E Meadow Creek Rd 6.6 Unpaved Poppy Creek Rd Colorado River Rd to Co. Line 1.6 Unpaved Salt Creek Rd Brush Creek Rd to end 2.9 Unpaved Sheephorn Creek Rd County Line to end 7.2 Unpaved LAND USE REGULATIONS 4-136 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS Facility Segment Miles Surface Shrine Pass Rd US 24 to 0.8 miles east 0.8 Paved Shrine Pass Rd 0.8 miles east to Co. Line 8.0 Unpaved Simba Run Underpass N to S I-70 Frontage Roads 0.1 Not Existing Singletree Loop Rd I-70 to I-70 2.0 Paved Squaw Creek Rd End of paving to end of road 2.1 Unpaved Squaw Creek Rd Hwy 6 to end of paving 3.1 Paved Sweetwater Rd Colorado River Rd to Co. Line 6.7 Unpaved Trough Rd SR 131 to County Line 9.1 Unpaved Upper Cattle Creek Rd SR 82 to end of paving 2.3 Paved Upper Cattle Creek Rd End of paving to Co. Line 4.6 Unpaved W Lake Creek Rd US 6 to end 3.6 Paved Exhibit D ROAD IMPACT FEE BENEFIT DISTRICTS ROUTT COU ' GRAND aUNTY , U C \ LEGEND ilillitir \ ___ i MIME E ROHM.� MAID FMS 1.01000 Imo.sow moms WRG 11.{0000 0 .•• 011ow IM 1. '4 ^�,..\_._ altr"411411171 I ,J R 1 5 5 Ve % �\ GlE ..----O L ©` _ __ AVON 1 F =,L 8 - , &t4Lr; eBhneDus % 10111p llvall 1 Ng DP Roaring F'..rk Benefit Di trict ,t• BASALT � Vt Aisiiimiftlim 1 MIL. . � . •�• •wPITKIN COUNTYLAKE COUNTYrow- •• LAND USE REGULATIONS 4-137 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 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; (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. LAND USE REGULATIONS 4-138 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 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 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 LAND USE REGULATIONS 4-139 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 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 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). LAND USE REGULATIONS 4-140 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 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 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. LAND USE REGULATIONS 4-141 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 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. 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. LAND USE REGULATIONS 4-142 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 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 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. LAND USE REGULATIONS 4-143 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 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. 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. LAND USE REGULATIONS 4-144 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT ELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 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. DIVISION 4-8 EAGLE COUNTY EFFICIENT BUILDING CODE(ECObuild): SINGLE- FAMILY,DUPLEX,TOWNHOUSE(org.5/30/06)(amd. 1/1/10) SECTION 4-800 PURPOSE The intent of the ECObuild program is to encourage cost-effective sustainable building methods to create durable,energy efficient structures that conserve natural resources,promote the efficient use of building materials, and improve indoor air quality. SECTION 4-810 APPLICABILITY ECObuild applies to all new residential R3 (single family, duplex,townhouse)construction per the currently adopted building code, as well as additions/reconstruction over 50%of the existing floor area, and exterior energy uses such as snowmelt, spas, and pools over sizes listed in Section 4-825. The completed ECObuild checklist must be submitted along with the subject building permit application. Mobile Home units that are approved by Colorado Department of Housing are exempt. SECTION 4-820 POINT REQUIREMENTS Required points are applicable as below. Items filled out by the applicant will be checked as part of the plan check review, as well as in field inspections accordingly. Dwelling units: 0-2000 square feet of floor area would need to meet 40 points or more 2001-3000 square feet of floor area would need to meet 45 points or more 3001-4000 square feet of floor area would need to meet 50 points or more 4001-5000 square feet of floor area would need to meet 60 points or more 5001-6000 square feet of floor area would need to meet 70 points or more 6001-7000 square feet of floor area would need to meet 80 points or more 7001-8000 square feet of floor area would need to meet 90 points or more 8001+ square feet of floor area would need to meet 100 points or more OR, projects may pay a fee in lieu of meeting point requirements as calculated below: Square footage x number of points short x$10 =cash in lieu fee. Number of required points LAND USE REGULATIONS 4-145 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-8 EAGLE COUNTY EFFICIENT BUILDING CODE:RESIDENTIAL For example,a 2000 ft2 house meeting 35 points where 40 are required: 2000 x 5 x$10= $2500 cash-in-lieu fee 40 Any funds collected will be placed into a separate Renewables and Efficiency Fund which will offer financial incentives for energy efficiency and renewable power installation in Eagle County. See Section 4-840 for details regarding use of this fund. Homes achieving a Home Energy Rating System(HERS)index of 50 or lower, or LEED Gold will receive a rebate after certificate of occupancy for 25%of their building permit fee,not to exceed $5000: For measures where a graduated point scale is possible,the following shall apply: Quantity Level 1: 10-25% Quantity Level 2: 26-50% Quantity Level 3: 51-75% Quantity Level 4: 76-100% SECTION 4-825 EXTERIOR ENERGY USES Eco-Build also considers exterior energy uses over a nominal amount as identified below. Fees are based on average BTUs required for such amenities over a 20-year period in our climate. Fees are exempted if renewable energy system(s)are installed on-site prior to completion of the amenity which generate the equivalent of 50%of the energy needed for the use. Also,any rebates earned above may be credited accordingly. System design and calculations required. Exterior energy fees apply as follows: Snowmelt over 200 square feet: $16 per square foot Spa/hot tub over 64 square feet: $176 per square foot Exterior pool: $136 per square foot For example, if 500 square feet of snowmelt was proposed on a residential property,where 200 is exempt,then 300 x$16 per square foot=$4800 SECTION 4-830 POINT DETAILS SECTION 4-830.1 SITE/WATER CONSERVATION 1.1 Reduction of irrigated turf areas,all other landscaping drip irrigation only 3 points Irrigated turf area must be equal or less than 25%of lot area, or 1000 square feet, whichever is smaller. Show turf areas and drip irrigation lines/beds on landscaping plan. Use of low-water-demand or xeriscape-rated plants ONLY 2 additional points LAND USE REGULATIONS 4-146 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-8 EAGLE COUNTY EFFICIENT BUILDING CODE:RESIDENTIAL Landscaping plan must show xeriscape plants listed by Colorado State University Extension Horticulture office, listed on www.xratedgardening.com, or other recognized source. 1.2 Low-flow or dual-flush toilets 2 points A toilet that has 1.4 gallons per flush(GPF)or less qualifies as a low-flow toilet. To achieve the point, all toilets must be low-flow or dual flush. Inspected on-site. 1.3 Low-flow showerheads 1 point Showerheads 2.0 gallons per minute or less must be installed on all showers. Provide any documentation for on-site inspection. 1.4 Water efficient clothes washer and/or dishwasher 1 to 2 points Clothes washer/dishwasher must be listed on www.aceee.org or www.energystar.gov, or must be shown to have similar water usage. One point for water efficient clothes washer(s),one point for efficient dishwasher(s). SECTION 4-830.2 RECYCLING AND REUSE 2.1 Use of pine beetle salvage wood 3 points per material used, up to 9 points Pine beetle affected lumber harvested in Colorado can be utilized as dimensional framing material, as well as siding, flooring,trim, etc. Material must be used for over 50%of structure. 2.2 Surplus/deconstructed materials donated to building materials exchange 1 point per 10 cubic yards donated material, up to 6 points Extra onsite materials, either new or deconstructed, can be donated to a local materials exchange yard. Keep receipt of donated materials with field plan set on job site. 2.3 Wood,cardboard recycled on site 2 points per material type recycled Labeled containers must be on site with evidence of use and service. 2.4 Reclaimed and/or recycle-content materials 2 points per material used Use of construction materials that are either reclaimed from another structure, and/or any materials with recycle-content in them qualify. Material information/documentation must be on job site with field set of plans for inspection. Materials that are purchased from a reclaimed materials distributor,deconstructed by the owner/applicant from another structure,or that are purchased from a used building materials exchange qualify as reclaimed materials. LAND USE REGULATIONS 4-147 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-8 EAGLE COUNTY EFFICIENT BUILDING CODE:RESIDENTIAL Provide material info with building permit; field inspected.Material must be used for over 50%of structure. SECTION 4-830.3 FRAMING AND MATERIALS 3.1 Optimum value engineering techniques used 2-6 points Use of 24-inch on center studs for over 50%of the structure 2 points Use of 2-stud corners for over 50%of framing 2 points Efficient headers in over 50%of framing 2 points Efficient headers refers to insulated headers on exterior walls(minimum R-10). Inspected at framing inspection. 3.2 FSC or SFI certified materials used 2 points per material used,up to 8 points Sustainably-harvested wood products certified by either the Forest Stewardship Council(FSC)or Sustainable Forestry Initiative(SFI). Material must be used in over 50%of building. 3.3 Materials manufactured within Colorado and/or rapidly renewable materials 1 point per material used,up to 8 points Provide documentation on-site for any materials used that are manufactured in-state and/or are considered rapidly renewable. Rapidly renewable materials are building materials needing 15 years or less of growth for their harvest. Concrete or stone not included. 3.4 Straw Bales or Structural Insulated Panels(SIPs)used for exterior walls 10 points SIP panels, a foam core laminated to oriented strand board,or straw bale construction both provide superior r-values and reduced air infiltration than conventional 2x6"wall construction. Must be used for>75%of exterior walls. Show in structural plans and inspected in field. 3.5 Insulated Concrete Forms(ICFs)for foundation/basement 5 points Insulated Concrete Forms(ICFs)are expanded polystyrene form blocks which are stacked with concrete poured into the internal void. ICFs provide improved insulation and reduced moisture transport over conventional foundation walls. ICFs shown on structural drawings for plans and inspected in field. Insulated Concrete Forms(ICFs)for basement/foundation walls plus above grade walls. 10 points ICFs must be used for>75%of exterior walls. ICFs shown on structural drawings for plans and inspected in field. LAND USE REGULATIONS 4-148 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-8 EAGLE COUNTY EFFICIENT BUILDING CODE:RESIDENTIAL SECTION 4.830.4 ENERGY 4.1 Thermostats for each room 2 points To qualify for the 2 points, each enclosed room must have a separate thermostat,not including storage areas, closets, bathrooms,mechanical rooms, or non-habitable space. 4.2 Efficient Boiler or Furnace 1 to 7 points For each number of efficiency above 92%, a point is given. For example, if a boiler has an AFUE rating of 95%,then 3 points would be given. Field inspected. 4.3 Tankless on-demand water heater(s)or efficient gas water heater 3 points Gas or electric models qualify, must meet over 50%of total domestic hot water needs. Units must have an intermittent ignition device(IID) instead of a standing pilot light to qualify. Efficient gas conventional water heaters also help save energy. Gas waters 88%efficiency or above receive 2 points. Side arm boilers qualify as part of a modulating condensing boiler 90%efficiency or above. Field inspected. 4.4 Efficient lighting 2 points Installation of lighting that uses 20%or less wattage as incandescent lighting for equivalent lumens. Compact Fluorescent Lamps(CFLs), T8s, T5s, LEDs or equivalent comply. Efficient lighting must be installed in over 50%of the structure. Field inspected. 4.5 No mechanical air conditioning 4 points Through proper design of building aspect,window sizing and placement, overhang shading, and insulation,air conditioning systems are unnecessary in our climate. Eliminating the need for air conditioning offers an immediate initial cost savings as well as reduced operational costs for the life of the structure. Field inspected. 4.6 Radiant floor/hydronic baseboard heating system 2 points Either in-floor radiant heat or baseboard hydronic heat qualifies as long as over 50%of the heating needs of the structure are met by hydronic means. Show system detail on construction plans, field inspected. 4.7 Air to air heat exchanger 2 points An air-to-air heat exchange captures potentially lost warm or cool air while ventilating interior space. LAND USE REGULATIONS 4-149 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-8 EAGLE COUNTY EFFICIENT BUILDING CODE:RESIDENTIAL Heat exchange must be in place for all mechanical ventilation in place. Field inspected. 4.8 Roof/ceiling insulation 1 to 10 points One point given for each R value over 49,up to 10 points maximum. Field inspected. 4.9 Wall insulation 1 to 8 points Show wall insulation in construction plans. One point given for each R value over 20,up to 8 points maximum. For example, if an R-30 wall is installed, 8 points would be given. Field inspected. 4.10 Blown or sprayed insulation 1 point per Quantity Level Blown or sprayed insulation reduces air infiltration and offers higher effective R values than batt insulation. Blown insulation installed in attics/ceilings,walls,and basements/crawlspaces qualifies. One point given for each quantity level of blown or sprayed insulation installed. For example,if 80% of the insulation in a structure is blown-in,then quantity level 4(76-100%)or 4 points would be given. Field inspected. 4.11 Windows with low-e glazing 1 point for each U-.01 below U-.30 Window decals field inspected. Where U-rating variations occur, a weighted average will be utilized. For example, U-.25 rating would yield 5 points. 4.12 Insulating window coverings installed 3 points Window coverings must be properly installed and have a minimum R-3 to qualify. Over 75%of exterior windows must have insulated window coverings for points to apply. LAND USE REGULATIONS 4-150 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-8 EAGLE COUNTY EFFICIENT BUILDING CODE:RESIDENTIAL SECTION 4.830.5 RENEWABLE ENERGY 5.1 Passive solar design 5 to 10 points Prerequisite: Site and south facing glazed area must have unobstructed solar access from 10am to 2pm. Deciduous trees to south are allowable for summer shading. Glazing: Install south-facing(at least within 20 degrees of due south)glass equivalent to 7%or more of total heated floor area. Inspected at plan review. 5 points Install south-facing glass equivalent to 12%or more of total heated floor area, and provide proper shading according to the figure to the left, where E=eave width,H=height of bottom of window from the eave, and E H=E*3.38,or conversely,E=H/3.38. 5 additional points • 5.2 Solar hot water system 8 points H H=E*3.38 Install a solar hot water system,which includes rooftop or ground- mounted panel collectors connected to a heat exchanger and/or insulated storage tank for domestic hot water supply. System must have unobstructed solar access. Systems may be active, using solar or electric pumps, or they may utilize a thermal siphon. Collectors must be facing within 20 degrees of due south, and between 30 and 50 degrees from horizontal. System size is dependent on number of bedrooms: 1 bedroom 40 square feet of collectors 50 gallons storage 2 bedrooms 48 square feet of collectors 60 gallons storage 3 bedrooms 64 square feet of collectors 80 gallons storage 4+bedrooms 96 square feet of collectors 120 gallons storage 5.3 On-site solar photovoltaic,wind energy,micro-hydroelectric 3 points for every.5 kW installed Solar photovoltaic system Photovoltaic panels should be mounted within 20 degrees of due south and between 30 and 50 degrees from horizontal. System must have reasonably unobstructed solar access.Applicant must submit plans from a qualified architect, engineer, or designer certifying the kW capacity, and proper system design. Proper protection to prevent electric islanding must be in place in the event on a power outage. Field inspected. Maximum 50 points possible. Wind Power An on-site wind energy generation system must be constructed in accordance to the Eagle County Land Use Regulations. System must be installed in a minimum class 3 wind site, either as mapped by the National Renewable Energy Laboratory www.nrel.gov, or from on-site anemometer measurements for at least 3 months. Proper protection to prevent electric islanding must be in place in the event on a power outage. Maximum 50 points possible. On-site micro-hydroelectric generation LAND USE REGULATIONS 4-151 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-8 EAGLE COUNTY EFFICIENT BUILDING CODE:RESIDENTIAL An on-site micro-hydroelectric generation system must be constructed with proper permitting from the U.S.Army Corps of Engineers and approvals from any applicable water-governing authority. Show system plan, any grading/abutments,penstock/weir design, and grid tie-in or storage as applicable. For more information,go to www.microhydropower.net.Proper protection to prevent electric islanding must be in place in the event on a power outage. Maximum 50 points possible. 5.4 Ground source heat pump(geothermal)system 5 to 20 points Ground source heat pumps utilize glycol loop systems drilled into the ground to heat or cool a structure. Five points are given for each quantity level of the structure's heating/cooling needs met by the system. If utilized for a snowmelt system,total energy calculations must include exterior energy use(s)as well. 5 points per quantity level. For example, if the system met 60%of the structure's heating/cooling needs,quantity level 3 (51-75%), 5 points per quantity level, 15 points would be given. 5.5 Pellet Stove 2 points Pellet stoves utilize a salvage/recycled renewable fuel source, are clean burning, cost effective, energy efficient, and are considered a carbon-neutral energy source. Pellet stove must generate 2.0 grams/hour of particulate or less. Plan check and field inspected. SECTION 4.830.6 INDOOR AIR QUALITY 6.1 High efficiency particulate air(HEPA)filter on HVAC system,or no HVAC 2 points Install a high efficiency filter on a forced-air furnace system. Any High Efficiency Particulate Air (HEPA)filter must be rated at MERV 13 (0.1 micron)or higher. Field inspected. 6.2 Low-or non-toxic floor coverings 1 point per Quantity Level,up to 4 points Materials either listed on www.greenguard.org or show that coverings are below EPA thresholds for low/non-toxicity. Quantity Level is determined by the percentage of total floor area meeting the above criteria. For example, if 80%of the total flooring was non-toxic,then quantity level 4 (76- 100%)would apply, 1 point per Quantity Level, so 4 points would be given. 6.3 No attached garage or automatic exhaust fan in garage 2 points Exhaust fumes from vehicles in the garage enter living space attached to it. Show on site plan if there is no attached garage. If attached garage exists,or there is habitable space above a garage, submit specifications on properly sized mechanical exhaust ventilation either running on a sensor, or timer that automatically turns on when garage door closes. 6.4 Radon Mitigation 3 points Design and install radon mitigation system that removes radon or other soil gas from under the LAND USE REGULATIONS 4-152 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-8 EAGLE COUNTY EFFICIENT BUILDING CODE:RESIDENTIAL slab/crawlspace and vent per EPA guidelines. More information at www.radon.org and www.buildingscience.com. SECTION 4-830.7.0 INNOVATION POINTS Innovative product use and/or design points will be given points on a case by case basis. The item must specifically meet the intent of the EcoBuild guidelines as stated at the beginning of this guidelines document, and points will be scaled as the item would apply to similar comparable items in the guidelines. Some options eligible for Innovation Points may include but are not limited to: Energy 10 Analysis,American Lung Association-certified home,modulating or sequentially staged boilers,net-zero energy home,pervious materials in hardscape areas, frost-protected shallow foundation,trombe wall/interior thermal massing systems, evapo-transpiration watering system,etc. SECTION 4-840. RENEWABLES AND EFFICIENCY FUND Eees collected would go into a separate Renewables and Efficier}cy Fund(REF)which.would create financial assistance,rebates, and incentives that would promote energy and resource efficient projects elsewhere in Eagle County. An advisory board would meet periodically to appropriate funding accordingly based upon guidelines and criteria to be approved by the Eagle County Commissioners. The Renewables and Efficiency Fund will be utilized as follows: 1. Educational materials and events including but not necessarily limited to printed process guides, resource reference guides, efficient building educational events to assist participants in code compliance, a webpage with available resources, links,and information,etc. 2. Proposed 25%rebates for building permit applications exceeding compliance as outlined in the Eco-Build Guidelines point requirements. 3. Any additional funds generated will be used to assist existing structures or current projects to achieve improved energy efficiency or renewable power generation in Eagle County. An advisory board consisting of appointed Eagle County residents will meet quarterly to make recommendations on appropriations of any funds. It is suggested that such recommendations be based upon the following criteria: a. Meets Intent. The extent to which the proposed project meets the intent of the fund which is to encourage and promote energy efficiency and renewable power generation in Eagle County. This intent should be met by assisting in the incremental upgrade of a project, and shall not be utilized for construction costs required for code compliance. b. Cost/Benefit.The extent to which the proposed project provides an economic return on appropriations invested. Expected performance in our climate and return on investment calculations must be provided. c. Public benefit. The extent to which the proposed project offers a public benefit to the Eagle County community. d. Consistency with Comprehensive Plan. The extent to which the proposed project is in compliance with the Eagle County Comprehensive Plan. LAND USE REGULATIONS 4-153 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-8 EAGLE COUNTY EFFICIENT BUILDING CODE:RESIDENTIAL e. Affordable Housing. Special consideration is given to projects that positively affect occupants of local affordable housing in Eagle County. Funding may assist in the incremental upgrade of a project, and shall not be utilized for construction costs required for code compliance. SECTION 4-850. SEVERABILITY PROVISION Should any provision of this Eagle County Efficient Building Code(Eco-Build)be declared by a court of competent jurisdiction in any final judgment to be invalid,unlawful or unenforceable for any reason, such offending provision shall be deemed deleted and the remaining provisions of such Code shall remain in full force and effect. DIVISION 4-9: EAGLE COUNTY EFFICIENT BUILDING CODE: COMMERCIAL/MULTI-FAMILY • SECTION 4-900 PURPOSE (orig.5/8/2008) The intent of the ECO-BUILD COMMERCIAL/MULTI-FAMILY program is to encourage cost- effective sustainable building methods to create durable,energy efficient structures that conserve natural resources,promote the efficient use of building materials, and improve indoor air quality for occupants. SECTION 4-910: APPLICABILITY Eco-Build applies to all new non-residential,mixed use,and/or multi-family construction per the currently adopted building code, as well as additions/reconstruction over 50%of the existing floor area,and exterior energy uses such as snowmelt, spas,and pools over sizes listed in Section 4-925. The completed Eco-Build checklist must be submitted along with the subject building permit application. SECTION 4-920 POINT REQUIREMENTS The minimum points required for applicable construction projects are 70. Projects achieving LEED Gold or better will receive a 25% building permit rebate,not to exceed $5000. Projects not meeting the minimum 70 points shall pay a mitigation fee as follows: Fee=Square footage of project x number of points short x $.15. For example, a 4000 square foot project that is 5 points short would be assessed a fee as follows: 4000 x 5 x $ .15 = $3000 SECTION 4-925: EXTERIOR ENERGY USES Eco-Build also considers exterior energy uses over a nominal amount as identified below. Fees are based on average BTUs required for such amenities over a 20-year period in our climate. Fees are exempted if renewable energy system(s)are installed on-site which generate the equivalent of 50%of the energy needed for the use. Also,any rebates earned above may be credited accordingly. System design and calculations required. LAND USE REGULATIONS 4-154 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-9 EAGLE COUNTY EFFICIENT BUILDING CODE:COMMERCIAL Exterior energy fees apply as follows: Snowmelt over 200 square feet: $16 per square foot Spa/hot tub over 64 square feet: $176 per square foot Exterior pool: $136 per square foot SECTION 4-930: POINT DETAILS SECTION 4-930.1 SITE/WATER CONSERVATION 1.1 Construction Activity Pollution Prevention REQUIRED Provide proper erosion control measures to prevent off-site sedimentation. Limits of disturbance to have sediment fencing,staked hay bales in swales/drainage ditches,revegetation matting in any areas outside fencing disturbed by construction. 1.2 Site is either a redevelopment location or brownfield redevelopment. Redevelopment 5 points. Brownfield redevelopment 10 points Show on site plan location of existing or pre-existing structures. Deconstruction is required for existing structures for any reusable/recyclable items. For brownfield redevelopment, show documentation demonstrating previous or existing site contamination and clean-up. 1.3 Walkability/bikability: The site/design provides connection to a recreation path network. 2 points Show connection to path network on site/vicinity plan. 1.4 Covered bicycle storage and employee changing/storage rooms 2 points Bicycle storage for at least 10%of occupants; show in plans, field verified. Employee changing rooms are not applicable to projects with no onsite employees. 1.5 On-site affordable housing unit,live-work mixed use. 10 points per unit Show on-site dwelling unit(s)that meet the Eagle County Housing Guidelines for either a deed restricted for sale unit or rental unit. 1.6 Reduced parking area 3 points Provide at least 15%less parking than what is currently required in the Eagle County Land Use Regulations onsite. A parking demand analysis must be completed and submitted by an accredited professional that demonstrated the amount of parking on site is adequate. 1.7 Maximize Open Space 2 points LAND USE REGULATIONS 4-155 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-9 EAGLE COUNTY EFFICIENT BUILDING CODE:COMMERCIAL Total lot coverage is less than 75%of maximum allowable for lot. Total surface parking and hardscape area is less than building footprint(s). 1.8 Stormwater Design 3 points 100%of surface water runoff travels through bioswales,landscaped detention areas, or combination thereof that provides a portion of irrigation needs from natural precipitation, eliminates direct discharge of potential pollutants or sediment, and promotes groundwater recharge. 1.9 Diverse native landscaping 1 point Landscaping plan includes 10 or more native species. Show on landscaping plan,plantings must be in at CO for credit. 1.10 Water Efficient Landscaping 2 to 4 points Irrigated turf area must be equal or less than 40%of landscaped area,or 1000 square feet, whichever is smaller. Show turf areas and drip irrigation lines/beds on landscaping plan. Landscape must be in place at time at CO for points. Use of low-water-demand or xeriscape-rated plants ONLY 1 additional point Landscaping plan must show xeriscape plants listed by Colorado State University Extension Horticulture office,listed on www.xratedgardening.com, or other recognized source. Any turf area (must meet above standard)shall use species that utilizes at least 25%less water than Kentucky blue grass. Landscape design requires no permanent irrigation 4 total points Landscape plan must meet landscaping minimum standards. Temporary irrigation is permissible during plant establishment period. Landscaping must be planted prior to CO. 1.11 Interior Water Use Reduction 2 to 3 points Demonstrate total water use reductions on interior fixtures, including toilets, showers, sinks, faucets, and urinals. 2 and 3 points are credited for projects demonstrating 20%and 30%or more reduction in use, respectively. Estimates are based on average occupant usage pursuant to the 1992 Energy Policy Act for fixture flow rates. SECTION 4-930.2: RECYCLING,REUSE,MATERIALS 2.1 Storageand Collection of Recyclables in Design REQUIRED Show on construction plans areas for storage of recycling containers next to trash container(s). LAND USE REGULATIONS 4-156 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-9 EAGLE COUNTY EFFICIENT BUILDING CODE:COMMERCIAL Adequate space for a cardboard 2-yard minimum container, and toters for co-mingled and newspaper/mixed paper required. Field verified. 2.2 Construction Waste Recycling 2 points per material type Provide labeled containers during construction for recycling cardboard, wood waste,and/or co- mingled(bottles/cans). Labeled containers clean of trash with evidence of use must be in place during inspections. 2.3 Use of Beetle Kill Pine 3 points per material type Pine beetle-affected lumber harvested in Colorado can be utilized as dimensional framing material,as well as siding, flooring,trim, etc. Material must be used for over 50%of structure. 2.4 Reclaimed and/or recycled-content materials 2 points per material type Use of construction materials that are either reclaimed from another structure, and/or any materials with recycle-content in them qualify. Material information/documentation must be on job site with field set of plans for inspection. Materials that are purchased from a reclaimed materials distributor,deconstructed by the owner/applicant from another structure, or that are purchased from a used building materials exchange all qualify as reclaimed materials(must provide documentation). Some common recycle-content materials include composite decking,recycle-content faux shake/slate roofing,cellulose or shredded cotton batt insulation,recycle-content carpets, counter tops,recycle- content tile, etc. Provide material info onsite;field inspected. Material must be used for over 50%of structure. 2.5 Surplus or reclaimed materials donated to local building material exchange 1 point per 10 cubic yards donated Donate any surplus building materials or deconstructed materials to a used building materials exchange. Must provide documentation from business donated to at final ecobuild inspection for credit. 2.6 FSC or SFI certified materials 2 points per material type FSC (Forest Stewardship Council)or SFI(Sustainable Forestry Initiative) stamped certification on material(s)required. Material must be used in over 50%of the structure,no `token' materials for points. Field inspected. 2.7 Materials manufactured within Colorado and/or rapidly renewable materials 2 points per material type Show documentation for any materials used that were manufactured within Colorado, or that consist of rapidly renewable materials(naturally reproducing within 15 years). Material type must be used in over 50%of the project(no `token' materials). Field inspected. LAND USE REGULATIONS 4-157 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-9 EAGLE COUNTY EFFICIENT BUILDING CODE:COMMERCIAL SECTION 4-930.3: ENERGY 3.1 Combustion Analysis Report REQUIRED Provide detailed combustion analysis report of furnace/boiler after installation and following manufacturer's start up. Combustion analysis must demonstrate performance no less than 10%of AFUE efficiency rating. 3.2 Blower Door Test Points 2 points for each .05 ACH below 0.35 ACH Provide blower door test documentation showing ACH(Air Changes per Hour)rating. Two points awarded for each .05 rating below 0.35. For example, an ACH rating of 0.22 would yield 4 points. For any ACH ratings below 0.20,an air-to-air heat exchanger(Energy Recovery Ventilator or Heat Recovery Ventilator) is required to provide efficient mechanical fresh air. 3.3 Infrared Heat Loss Analysis and Remediation 3 points Infrared cameras can be effective tools for pinpointing areas of heat loss(interior-exterior temperature difference must be at least 25 degrees). Provide detailed report from an accredited professional on analysis performed,areas of heat loss, and demonstrated remediation(if stated in analysis). 3.4 Building Commissioning 6 points Provide a comprehensive third party inspection,testing,and analysis of all heating, cooling, electrical, lighting, and ventilation systems. Include report and demonstrated remediation for items delineated by the report. 3.5 No recessed lights on ceiling to exterior or sealed/IC-rated 2 points Recessed lights and outlets act as chimneys for heat loss and moisture transfer into attic spaces and wall cavities respectively. Either eliminate any recessed light and/or outlet wall/ceiling penetrations, or all can lights and outlets on exterior walls/ceilings are sealed and IC-rated(Insulation Contact rated). The fixtures must either be manufactured with no penetrations, or installed inside an airtight assembly of gypsum board or manufactured assembly. 3.6 Efficient Boiler/Furnace 1 to 7 points One point for each AFUE efficiency rating percentage over 87%. For multiple boilers/furnaces, ratings area averaged. Field inspected. 3.7 Tankless water heater(s) 1 to 3 points Gas or electric tankless on-demand water heater models qualify,must meet over 50%of total hot LAND USE REGULATIONS 4-158 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-9 EAGLE COUNTY EFFICIENT BUILDING CODE.COMMERCIAL water needs. Units must have an intermittent ignition device(IID)instead of a standing pilot light to qualify. Tankless systems get 3 points. Side-arm boilers qualify for one point as part of a modulating condensing boiler 90%AFUE efficiency or above. Field inspected. 3.8 Efficient Interior Lighting 2 points At least 50%of interior lighting is 75%or more efficient than incandenscent lighting(compact fluorescent,T5 or T8 fluorescent,LED, qualify). Field inspected. 3.9 Motion Detecting Light Switches 1 to 4 points Lighting that operates by motion detection saves energy and increases safety. One point is given for each motion detection switch installed,up to 4 points. Field inspected. 3.10 Evaporative Cooling Only or No Mechanical Air Conditioning 2 to 4 points Evaporative Cooling is defined as cooling which relies only on evaporation of water for its cooling needs. Evaporative cooling works efficiently in arid dry climates in Colorado. Evaporative Cooling only is awarded 2 points. No mechanical air conditioning(passive cooling,ceiling fans,whole house ventilation systems excepted)4 points. 3.11 Radiant in-floor heat 2 points Hydronic in-floor heating in over 50%of the heated area of the structure receives 2 points. 3.12 Air-to-Air Heat Exchanger 2 points An air-to-air heat exchanger(also referred to as a Heat Recovery Ventilator(HRV)or Energy Recovery Ventilator(ERV))pre-warms or cools outside air by providing a heat exchange with exhaust air. Majority of total mechanical ventilation must go through a heat exchanger for points. Field inspected. 3.13 Roof/Ceiling Insulation 1 to 15 points One point awarded for each manufacturer-rated R-value of insulation installed in the roof assembly. For structures/roof assemblies with multiple different R-values, a weighted average is used. 3.14 Wall Insulation 1 to 8 points One point awarded for each manufacturer-rated R-value of insulation installed in the exterior wall assembly. For multiple wall types with different R-values, a weighted average is used. 3.15 Slab Insulation R-10 2 points R-15 or above 4 pts. LAND USE REGULATIONS 4-159 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4. SITE DEVELOPMENT STANDARDS DIVISION 4-9 EAGLE COUNTY EFFICIENT BUILDING CODE:COMMERCIAL Either for basement floors or slab-on-grade, a minimum continuous R-10 subfloor insulation is REQUIRED. Insulation R-15 or above, 2 points. Field inspected*. *Must call in for inspection of not being looked at for infloor heat, etc. 3.16 Crawl Space/Basement Insulation R-10 REQUIRED,2 points R-15+, 3 points R-19+ For crawl spaces or basements,provide minimum R-10 (either inside or outside wall) insulation. 2 points for R-15 or above,4 points for R-19 or above. 3.17 Blown or Sprayed Insulation 1 point per Quantity Level Blown insulation installed in attics/ceilings,walls, and basements/crawlspaces qualifies. One point given for each quantity level of blown or sprayed insulation installed. For example, if 80%of the insulation in a structure is blown-in,then quantity level 4(76-100%)or 4 points would be given. Field inspected. 3.18 Landscaped Roof 1 to 2 points A landscaped vegetated roof that occupies over 50%of the total roof area qualifies for 2 points. If 25%of the area is a landscaped vegetated roof, 1 point. Field inspected. 3.19 Efficient Windows 1-8 points Double-pane windows with low-e glazing REQUIRED. 1 point for each U-.01 below U-.35. Field inspected. If windows have differing U-ratings on project,then a weighted average is taken. 3.20 Insulating Window Shades 2 points 75%or more of total windows have insulating window coverings rated of R-3 or higher. Field inspected at CO. SECTION 4-930.4 RENEWABLE ENERGY 4.1 Onsite Renewable Energy Provide calculations demonstrating any onsite renewable energy systems(including passive solar)as a function of total energy use offset for that energy source(total electricity or total gas). Points as follows: Over 5%offset 5 points Over 10%offset 10 points Over 25%offset 15 points Over 50%offset 20 points Over 75%offset 25 points LAND USE REGULATIONS 4-160 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-9 EAGLE COUNTY EFFICIENT BUILDING CODE:COMMERCIAL SECTION 4-930.5: INDOOR QUALITY 5.1 Radon mitigation system REQUIRED Install a Radon mitigation system that eliminates potential for Radon or other soil gases from entering habitable areas of the structure. Must ventilate below floor/slab vapor barrier to exterior.Mechanical ventilation of Radon system not necessary unless otherwise specified. 5.2 HEPA filter in HVAC 1 point Have a High Efficiency Particulate Air(HEPA)or MERV 13 (0.1 micron)or higher filter installed that effectively filters HVAC system. 5.3 Low-or Non-Toxic Floor Coverings 1 point per Quantity Level Materials either listed on www.greenguard.org or show that coverings are below EPA thresholds for low-toxicity. In general, most tile,wood, and natural carpets meet low-toxic standards. For other coverings,provide documentation demonstrating compliance. Quantity Level is determined by the percentage of total floor area meeting the above criteria. For example, if 80%of the total flooring was non-toxic,then quantity level 4(76-100%)would apply, 1 point per Quantity Level,so 4 points would be given. 5.4 Construction IAQ Plan 1 point HVAC system must be covered until occupancy. 5.5 Indoor Chemical and Pollutant Control 2 points Any onsite hazardous material storage must be air-tight and provide spill/leakage containment. Also, install a minimum 4x4' grated area with void below for all major entryways that reduces potential for dirt and other pollutants from entering the structure. 5.6 Mechanical Ventilation Beyond Code 2 points Provide mechanical ventilation at least 10%over ASHRAE Standard 62.1-2004,which operates on occupancy controls(motion activated or CO2 activated). An air-to-air heat exchanger(ERV or HRV) that pre-heats or cools fresh intake air is required. SECTION 4-930.6 INNOVATION POINTS Innovative product use and/or design points will be given points on a case by case basis. The item LAND USE REGULATIONS 4-161 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-9 EAGLE COUNTY EFFICIENT BUILDING CODE:COMMERCIAL must specifically meet the intent of the Eco-Build guidelines as stated at the beginning of this guidelines document, and points will be scaled as the item would apply to similar comparable items in the guidelines. SECTION 4-940. SEVERABILITY PROVISION Should any provision of this Eagle County Efficient Building Code(Eco-Build)be declared by a court of competent jurisdiction in any final judgment to be invalid,unlawful or unenforceable for any reason, such offending provision shall be deemed deleted and the remaining provisions of such Code shall remain in full force and effect. DIVISION 4-10: SUSTAINABLE COMMUNITY INDEX(org. 9/17/08) SECTION 4-1000: 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 4-1010: 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 4-1020 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: LAND USE REGULATIONS 4-162 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-10 SUSTAINABLE COMMUNITY INDEX 120+ EXCEEDS MINIMUM STANDARDS 60-119 MEETS MINIMUM STANDARDS 0-59 DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE SECTION 4-1030: POINT DETAILS SECTION 4-1030.1 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: LAND USE REGULATIONS 4-163 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-10 SUSTAINABLE COMMUNITY INDEX The project is either on previously developed land or is not located on land historically used for 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 4-1030.2: 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 LAND USE REGULATIONS 4-164 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-10 SUSTAINABLE COMMUNITY INDEX lands or rivers(new access points must include approval from appropriate jurisdictional authority). 4 points. 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 4-165 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-10 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 scxeened. 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 4-166 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-10 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 4-1030.3: TRANSPORTATION: 3.1 WALKABLE STREETS: LAND USE REGULATIONS 4-167 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-10 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 façade. 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 topographic or other limitations prevent connection,those are not included in calculation. 1 point LAND USE REGULATIONS 4-168 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-10 SUSTAINABLE COMMUNITY INDEX 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 '/2 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) 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 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 LAND USE REGULATIONS 4-169 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4. SITE DEVELOPMENT STANDARDS DIVISION 4-10 SUSTAINABLE COMMUNITY INDEX SECTION 4-1030.4: 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 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). 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: LAND USE REGULATIONS 4-170 EAGLE COUNTY,COLORADO Article 4 ARTICLE 4: SITE DEVELOPMENT STANDARDS DIVISION 4-10 SUSTAINABLE COMMUNITY INDEX 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 4-171 EAGLE COUNTY,COLORADO Article 4 ARTICLE 5: ADMINISTRATION ARTICLE 5 ADMINISTRATION LAND USE REGULATIONS 5-i EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION ARTICLE 5 ADMINISTRATION • TABLE OF CONTENTS PAGE DIVISION 5-1. DUTIES AND RESPONSIBILITIES OF DECISION-MAKING, ADMINISTRATIVE AND ADVISORY BODIES 5-1 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 DIVISION 5-2. COMMON PROCEDURES 5-11 Section 5-200. General 5-11 Section 5-210. Provisions of General Applicability 5-15 Section 5-220. Interpretations 5-26 Section 5-230. Amendments to the Text of these Land Use Regulations or the Official Zone District Map 5-26 Section 5-240. Planned Unit Development(PUD)District 5-30 Section 5-250. Special Uses 5-51 Section 5-260. Variances 5-59 Section 5-270. Subdivision Exemption 5-62 LAND USE REGULATIONS 5-il EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION Section 5-280. Subdivision 5-63 Section 5-290. Minor Subdivision 5-84 Section 5-295. Conservation Subdivision 5-89 Section 5-300. Limited Review Use 5-97 Section 5-2100. Certificate of Zoning Compliance 5-99 Section 5-2200. Public Way and Easement Vacations 5-99 Section 5-2300. Beneficial Use Determination .5-101 Section 5-2400. Appeals of Staff Decisions/Interpretations 5-106 Section 5-2500. Vested Property Rights 5-106 Section 5-2600. Temporary Regulations 5-108 Section 5-2700. Correction Plat 5-108 LAND USE REGULATIONS 5-i11 EAGLE COUNTY,COLORADO Artrile 5 ARTICLE 5: ADMINISTRATION 5-100 BOARD OF COUNTY COMMISSIONERS ARTICLE 5 ADMINISTRATION DIVISION 5-1.DUTIES AND RESPONSIBILITIES OF DECISION-MAKING,ADMINISTRATIVE AND ADVISORY BODIES The following decision-making, administrative, and advisory bodies shall have the following duties and responsibilities in the administration of these Land Use Regulations. SECTION 5-100. BOARD OF COUNTY COMMISSIONERS A. Powers and Duties. In addition to any authority granted the Board of County Commissioners by general or special law,the Board of County Commissioners shall have the following powers and duties under the provisions of these Land Use Regulations: 1. Amendment to Text of These Land Use Regulations. To initiate, hear, consider, and approve or disapprove applications to amend the text of these Regulations. 2. Amendment to Official Zone District Map. To initiate,hear,review,consider,and approve or disapprove applications for amendment to the Official Zone District Map of these Land Use Regulations. 3. PUD. To hear, review, consider, and approve or disapprove applications for Sketch/Preliminary Plan for Planned Unit Development(PUD)District. 4. Exemptions from Subdivision. To hear, review, consider, and approve or disapprove applications for exemption to Plats for Subdivision. 5. Subdivision. To hear,review,consider,and approve,approve with conditions,or disapprove applications for development permit for Sketch Plan/Preliminary Plan and Final Plat for Subdivision. 6. Minor Subdivisions. To hear, review, consider and approve, approve with conditions, or disapprove applications for Minor Subdivision. 7. Special Uses. To hear,review,consider and approve,approve with conditions or disapprove Special Use Permits. 8. Beneficial Use Determination. To hear,review, consider and approve, approve with conditions or disapprove Appeals for Beneficial Use Determinations. LAND USE REGULATIONS 5-1 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-110.PLANNING COMMISSION 9. Public Way Vacations. To hear,review,consider and approve,approve with conditions or disapprove vacations of public ways and easements. 10. Variance on Improvement Standards.To hear,review,consider and approve,approve with conditions, or disapprove variances to improvement standards. 11. Appeal Decision/Interpretation of Planning Director. .To hear, review, consider, and affirm,modify,or reverse appeals of interpretations or decisions made under these Land Use Regulations by the Planning Director. 12. Extensions/Expirations. To hear, review, consider and determine whether to approve an extension of a Special Use Permit, Sketch Plan/Preliminary Plan for PUD, or Sketch Plan/Preliminary Plan/Final Plat for Subdivision. 13. Expiration of Permits. When appropriate,to initiate and determine when to take action to expire the life of a Special Use Permit, Sketch/Preliminary Plan for PUD, or Sketch Plan/Preliminary Plan/Final Plat for Subdivision. 14. Special Districts. To hear,review,consider,and approve or disapprove the service plans for Special Districts. 15. Appoint Hearing Officers. To designate and appoint Hearing Officers to make decisions as the Board of County Commissioners may deem appropriate. 16. Other Action. To take such other action not delegated to the Planning Commission, the Zoning Board of Adjustment, or Hearing Officers or heads of County departments, as the Board of County Commissioners may deem desirable and necessary to implement the provisions of the Master Plan and these Regulations. SECTION 5-110. PLANNING COMMISSION (am.11/08/05) A. EAGLE COUNTY PLANNING COMMISSION 1. ESTABLISHMENT. There is hereby established the Eagle County Planning Commission. 2. Powers and Duties. The Eagle County Planning Commission shall have the following powers and duties under the provisions of these Land Use Regulations for all matters within the unincorporated portions of Eagle County. a. Prepare Comprehensive Plan. To prepare or cause to be prepared or amended the Comprehensive Plan,or any element or portion thereof,for adoption by the Planning Commission. The Eagle County Planning Commission shall be responsible for the preparation, adoption and amendment of the countywide comprehensive plan and community plans for areas of Eagle County that are not within the boundaries of a regional planning commission. LAND USE REGULATIONS 5-2 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-110.PLANNING COMMISSION b. Prepare These Land Use Regulations. To prepare or cause to be prepared Land Use Regulations to implement the Comprehensive Plan,for adoption by the Board of County Commissioners. c. Recommend amendments to text of these Land Use Regulations. To initiate, hear, review, consider, and make recommendations to the Board of County Commissioners to approve or disapprove applications to amend the text of these Land Use Regulations. d. Recommend amendments to Official Zone District Map. To initiate, hear, review,consider,and make recommendations to the Board of County Commissioners to approve or disapprove amendments to the Official Zone District Map of these Land Use Regulations. e. Recommend Planned Unit Development (PUD) District. To hear, review, consider, and make recommendations to the Board of County Commissioners to approve or disapprove applications for a Sketch/Preliminary Plan for a Planned Unit Development(PUD)District. f. Special Uses. To hear,review,consider,and make recommendations to the Board of County Commissioners to approve,approve with conditions,or disapprove Special Use Permits. g. Subdivision. To hear,review,consider,and make recommendations to the Board of County Commissioners to approve, approve with conditions, or disapprove applications for development permit for Sketch/Preliminary Plans for Subdivision. h. Special Districts. To hear, review, consider, and recommend approval, approval with conditions, or disapproval to the Board of County Commissioners of service plans for Special Districts. i. Make Expertise Available. To make its special knowledge and expertise available upon written request and authorization of the Board of County Commissioners to any official, department,board, commission or agency of the County,a City within the County,the State or Federal governments. j. Recommend Rules of Procedure. To recommend to the Board of County Commissioners additional or amended rules of procedure not inconsistent with this Section to govern the Planning Commission's proceedings. k. Make Additional Studies. To make studies of the resources,possibilities and needs of the County upon the authorization of the Board of County Commissioners,and to report its findings and recommendations,with reference thereto,to the Board of County Commissioners. LAND USE REGULATIONS 5-3 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-110 PLANNING COMMISSION 3. Planning Commission membership. a. Qualifications. Members and associate members of the Eagle County Planning Commission shall be residents of Eagle County prior to appointment,and registered voters. No member of the Board of County Commissioners shall serve on the Eagle County Planning Commission. Although no specific experience requirements shall be necessary as a prerequisite to appointment, consideration should be given to applicants who have experience or education in planning,law,architecture,natural resource management, real estate,and related fields. b. Appointment. The Eagle County Planning Commission shall be composed of seven (7) voting members and associate members as necessary, to be appointed by a majority vote of the Board of County Commissioners by Resolution. 4. Terms of office. All members and associate members serving on the Planning Commission on the effective date of these Land Use Regulations shall complete their terms according to their prior appointments. The term of office of each member appointed under these Land Use Regulations shall be for three (3) years. The term of office for each associate member appointed under these Land Use Regulations shall be for one (1) year. When a person is appointed to fill out the term of a departing member or associate member,that person's term shall end at the time the departing member's or associate member's term would have ended. 5. Removal from office. Any member of the Eagle County Planning Commission may be removed for cause (misconduct or nonperformance of duty) by the Board of County Commissioners upon written charge and after a public hearing. 6. Vacancy. Whenever a vacancy occurs on the Eagle County Planning Commission, the member's or associate member's position shall remain vacant until a new member or associate member can be appointed by the Board of County Commissioners. 7. Officers; Quorum; Rules of Procedure. a. Chairman and Vice-Chairman. At an annual organizational meeting,the members of the Eagle County Planning Commission shall elect a Chairman and Vice- Chairman from among its members. The Chairman's and Vice-Chairman's term shall be for one (1) year. No member shall serve as Chairman for more than two (2) consecutive terms. The Chairman shall administer oaths, shall be in charge of all proceedings before the Eagle County Planning Commission and shall take such action as shall be necessary to preserve order and the integrity of all proceedings before the Planning Commission. In the absence of the Chairman, the Vice- Chairman shall act as Chairman. In the absence of both the Chairman and Vice- Chairman, a temporary Chairman shall be elected by a majority of the quorum present, who shall act as Chairman. b. Secretary. The Planning Director shall serve as Secretary of the Eagle County Planning Commission. The Secretary shall keep minutes of all proceedings, LAND USE REGULATIONS 5-4 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5. ADMINISTRATION 5-110.PLANNING COMMISSION which shall summarize all proceedings before the Planning Commission,which shall include the vote of all members upon every question,and be attested to by the Secretary. The minutes shall be approved by a majority of the Planning Commission members voting. In addition,the Secretary shall maintain all records of Planning Commission meetings,hearings,proceedings,and the correspondence of the Planning Commission. c. Staff. The Planning Department shall be the professional staff of the Eagle County Planning Commission. d. Quorum and Voting. The presence of four (4) or more members or alternate members substituting for members shall constitute a quorum of the Eagle County Planning Commission necessary to take action and transact business. All actions shall require a simple majority vote of the quorum. e. Rules of Procedure. The Eagle County Planning Commission shall,by a majority vote of the entire membership, adopt rules of procedure for the transaction of business,and shall keep a record of resolutions,findings,and determinations,and a record of meetings. 8. Meetings. a. General. Meetings of the Eagle County Planning Commission shall be held on the first and third Wednesdays of each month to dispense of matters properly before the Planning Commission. Additionally,meetings may be called by the Chairman or at the request of three(3)members of the Planning Commission. The location of all Planning Commission meetings shall be in the County in a place accessible to the public. b. Meetings Open to Public. All meetings and public hearings of the Eagle County Planning Commission shall be open to the public in a place accessible to the public, except that meetings held in executive session pursuant to Colorado law shall not be open to the public. c. Notice. Public hearings shall be set for a time certain after due public notice pursuant to Section 5-210.E,Notice of Public Hearings. 9. Compensation. The members of the Eagle County Planning Commission shall serve without compensation, but may be reimbursed for such travel, mileage and continuing education expenses as may be authorized by the Board of County Commissioners. LAND USE REGULATIONS 5-5 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-120.ZONING BOARD OF ADJUSTMENT B. Regional Planning Commission. (am 11/08/05) 1. Establishment. Pursuant to C.R.S.30-28-105, as amended, the Board of County Commissioners may cooperate with other municipalities to create a regional planning commission. 2. Powers and Duties. A regional planning commission shall be responsible for the preparation, adoption and amendment of community plans within its boundaries and for review and recommendation to the Eagle County Planning Commission regarding the countywide Comprehensive Plan and Land Use Regulations.A regional planning commission shall also have the power and duty to review all land use applications within its boundaries and to make recommendations on said applications to the Board of County Commissioners. The Regional Planning Commission protocol shall be pursuant to Section 5-110.A.3-9. SECTION 5-120. ZONING BOARD OF ADJUSTMENT A. Establishment. There is hereby established a Zoning Board of Adjustment. B. Powers and duties. The Zoning Board of Adjustment shall have the following powers and duties under the provisions of these Land Use Regulations. 1. Variance. To hear,review,and approve,approve with conditions or disapprove applications for Variance Permits to Section 3-340,Zone District Dimensional Limitations,of these Land Use Regulations. 2. Make Expertise Available. To make its special knowledge and expertise available upon written request and authorization of the Board of County Commissioners to any official, department,board,commission or agency of the County,the cities of the County,the State or Federal governments. 3. Recommend Rules of Procedure. To recommend to the Board of County Commissioners additional or amended rules of procedure not inconsistent with this Section to govern the Zoning Board of Adjustment's proceedings. 4. Make Additional Studies. To make studies of the resources,possibilities and needs of the County upon the authorization of the Board of County Commissioners, and to report its findings and recommendations, with reference thereto, from time to time, to the Board of County Commissioners. C. Zoning Board of Adjustment membership. 1. Qualifications. Members and associate members of the Zoning Board of Adjustment shall be residents of the County prior to appointment,and registered voters. No member of the Board of County Commissioners shall serve on the Zoning Board of Adjustment. Although no specific experience requirements shall be necessary as a prerequisite to appointment, consideration should be given to applicants who have experience or education in planning, law, architecture,natural resource management, real estate,and related fields. LAND USE REGULATIONS 5-6 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5. ADMINISTRATION 5-120.ZONING BOARD OF ADJUSTMENT 2. Appointment. The Zoning Board of Adjustment shall be composed of five(5)members,to be appointed by a majority vote of the Board of County Commissioners by Resolution. The Zoning Board of Adjustment shall also be composed of four(4) associate members, to be appointed by a majority vote of the Board of County Commissioners by Resolution. D. Terms of office. All members and associate members serving on the Zoning Board of Adjustment on the effective date of these Land Use Regulations shall complete their terms according to their prior appointments. The term of at least one(1)member and associate member shall expire each year. The term of office of each member appointed under these Land Use Regulations shall be for two(2)years. The term of office of each associate member shall be for one(1)year. There shall be no limit on the number of terms a person may serve on the Zoning Board of Adjustment. When a person is appointed to fill out the term of a departing member or associate member,that person's term shall end at the time the departing member's or associate member's term would have ended. E. Removal From Office. Any member of the Zoning Board of Adjustment may be removed for cause by the Board of County Commissioners upon written charge and after a public hearing. F. Vacancy. Whenever a vacancy occurs on the Zoning Board of Adjustment,the member's or associate member's position shall remain vacant until a new member or associate member can be appointed by the Board of County Commissioners. G. Officers; Quorum; Rules of Procedure. 1. Chairman and Vice-Chairman. At the first meeting of each calendar year,the members of the Zoning Board of Adjustment shall elect a Chairman and Vice-Chairman from among its members. The Chairman's and Vice-Chairman's term shall be for one(1)year. No member shall serve as Chairman for more than two (2) consecutive terms. The Chairman shall administer oaths and compel the attendance of witnesses by application to the District Court, shall be in charge of all proceedings before the Zoning Board of Adjustment and shall take such action as shall be necessary to preserve the order and integrity of all proceedings before the Zoning Board of Adjustment. In the absence of the Chairman,the Vice-Chairman shall act as Chairman. In the absence of both the Chairman and Vice-Chairman, a temporary Chairman shall be elected by a majority of the quorum present,who shall act as Chairman. 2. Secretary. The Planning Director shall serve as Secretary of the Zoning Board of Adjustment. The Secretary shall keep full and complete minutes of all proceedings,which minutes shall be a summary of all proceedings before the Zoning Board of Adjustment,which shall include the vote of all members upon every question,its examination and other official actions,and be attested to by the Secretary. The minutes shall be approved by a majority of the Zoning Board of Adjustment members voting. In addition,the Secretary shall maintain all other records of Zoning Board of Adjustment meetings, hearings, proceedings, and the correspondence of the Zoning Board of Adjustment, which shall be immediately filed and kept in the offices of the Zoning Board of Adjustment as public records. 3. Staff. The Planning Department shall be the professional staff of the Zoning Board of Adj ustment. LAND USE REGULATIONS 5-7 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-130.HEARING OFFICER 4. Quorum and voting. The presence of four (4) or more members or associate members substituting for a member of the Zoning Board of Adjustment shall constitute a quorum of the Zoning Board of Adjustment necessary to take action and transact business. All actions shall require a vote of four(4)concurring members of the Zoning Board of Adjustment. 5. Rules of procedure. The Zoning Board of Adjustment shall,by a majority vote of the entire membership,adopt rules of procedure for the transaction of business,and shall keep a record of resolutions, findings,and determinations, and a record of meetings. H. Meetings. 1. General. Meetings of the Zoning Board of Adjustment shall be held on the second Wednesday of each month by call of the Chairman,to dispense of matters properly before the Zoning Board of Adjustment. Additionally,meetings may be called by the Chairman or at the request of three(3)members of the Zoning Board of Adjustment. The location of all Zoning Board of Adjustment meetings shall be in the County in a place accessible to the public. 2. Meetings Open to Public. All meetings and public hearings of the Zoning Board of Adjustment shall be open to the public in a place accessible to the public, except that meetings held in executive session pursuant to Colorado law shall not be open to the public. 3. Notice. Public hearings shall be set for a time certain after due public notice pursuant to Section 5-210.E,Notice and Public Hearings. Compensation. The members of the Zoning Board of Adjustment shall serve without compensation, but may be reimbursed for such travel, mileage and continuing education expenses as may be authorized by the Board of County Commissioners. SECTION 5-130. HEARING OFFICER A. Creation and Appointment. The Board of County Commissioners shall appoint one (1)or more Hearing Officers to hear Appeals for Beneficial Use Determinations and Abatements,and recommend approval, approval with conditions, or disapproval to the Board of County Commissioners, and to conduct hearings on expiration of Special Use Permits,Sketch/Preliminary Plan for PUD,or Sketch Plan/Preliminary Plan or Final Plat for Subdivision and make recommendations to the Board of County Commissioners to expire or extend the development permit. In addition,the Board of County Commissioners may appoint one(1)or more Hearing Officers to hear and consider such matters as may be required under any provision of these Land Use Regulations or as may be determined to be appropriate by the Board of County Commissioners from time to time. The Hearing Officers shall serve at the pleasure of the Board of County Commissioners for such period as is determined by the Board of County Commissioners. Such Hearing Officers shall be compensated at a rate to be determined by the Board of County Commissioners,which amount shall be reimbursed to the County by the applicant. Any person who shall accept an appointment as a Hearing Officer shall,for a period of one(1)year from the date of termination as holder of such office,not act as agent or attorney in any proceeding,application or other matter before any decision-making,administrative,or advisory body of the County in any matter involving land that was the subject of a proceeding which was pending during the time served as a Hearing Officer. LAND USE REGULATIONS 5-8 EAGLE COUNTY,COLORADO ArtiGc 5 ARTICLES.• ADMINISTRATION 5-140.PLANNING DIRECTOR B. Minimum Qualifications. A Hearing Officer shall have the following minimum qualifications: 1. Administration, Environmental and Land Use Law. Demonstrated knowledge of administrative, environmental and land use planning and law and procedures; and 2. Hold No Appointive or Elective Office. Hold no other appointive or elective public office or position in the County during the period of appointment. C. Duties. A Hearing Officer shall have the following duties: 1. Hearings on Beneficial Use Determinations. To conduct hearings on Appeals for Beneficial Use Determinations and recommend approval, approval with conditions, or disapproval to the Board of County Commissioners; 2. Hearings on Abatement. To conduct hearings on alleged Abatement actions, and recommend Abatement to the Board of County Commissioners; 3. Hearings on Expirations. To conduct hearings on whether a Special Use Permit, Sketch/Preliminary Plan for PUD, or Sketch Plan/Preliminary Plan or Final Plat for Subdivision has expired pursuant to the terms of these Land Use Regulations and/or the terms and conditions of the development approval,and recommend expiration or extension of the Special Use Permit,Sketch/Preliminary Plan for PUD or Sketch/Preliminary Plan/Final Plat for Subdivision to the Board of County Commissioners; 4. Conduct Other Hearings. To conduct hearings on such matters as may be requested by the Board of County Commissioners; 5. Written Reports. To render to the Board of County Commissioners a written report containing a summary of the testimony and evidence given and findings and recommendations regarding the standards applicable to the particular matter;and 6. Other Tasks Assigned by Board of County Commissioners. To perform such other tasks as the Board of County Commissioners may assign. SECTION 5-140. PLANNING DIRECTOR A. Creation and Appointment. The Planning Director shall be the agency head of the Planning Department and shall be appointed by and serve at the pleasure of the County Administrator. B. Jurisdiction,Authority and Duties. In addition to the jurisdiction,authority and duties which may be conferred upon the Planning Director by other provisions of the County Code, the County Administrator, and the Board of County Commissioners, the Planning Director shall have the following jurisdiction, authorities and duties under these Land Use Regulations: 1. Interpretation.To review,consider and render interpretations of the text of these Land Use Regulations or the Official Zone District Map. LAND USE REGULATIONS 5-9 EAGLE COUNTY,COLORADO Article 5 ARTICLE ADMINISTRATION 5-150. CODE ENFORCEMENT OFFICER&5-160.COUNTY ATTORNEY 2. Zoning Compliance Certifications. To hear, consider and approve, approve with conditions, or disapprove applications for Certificates of Zoning Compliance. 3. Day to Day Administration. To undertake the day to day administration of these Land Use Regulations. 4. Process Applications. To receive applications for development permits for processing pursuant to the terms of these Land Use Regulations. 5. Ensure Adequate Public Notice. To ensure that adequate public notice is provided for applications for development permits pursuant to the terms of these Land Use Regulations. 6. Undertake Comprehensive Planning. To undertake the current and long range comprehensive planning responsibilities of the County. 7. Review Comprehensive Plan. To review every five(5)years the Comprehensive Plan and these Land Use Regulations and recommend amendments to the Planning Commission. (am.1 1'08/05) 8. Coordination. To coordinate other local,regional, state, and federal planning and permitting processes affecting development in the unincorporated County and to serve as liaison to such local, regional, state,and federal planning agencies having jurisdiction over development in the unincorporated County. SECTION 5-150. CODE ENFORCEMENT OFFICER. In addition to the jurisdiction, authority and duties which may be conferred upon the Code Enforcement Officer by other provisions of the County Code and the Board of County Commissioners, the Code Enforcement Officer shall have the following authority and duties under these Land Use Regulations: A. Inspect.To inspect for violations of these Land Use Regulations. B. Enforcement. To assist the Board of County Commissioners and the County Attorney in the enforcement of these Land Use Regulations. SECTION 5-160. COUNTY ATTORNEY In addition to the jurisdiction,authority and duties which may be conferred upon the County Attorney by other provisions of the County Code,the County Attorney shall have the following authority and duties under these Land Use Regulations: A. Review as to Form Written Findings of Fact and Resolutions. To review as to form all written findings of fact,resolutions and ordinances drafted by the Planning Director,the Code Enforcement Officer, the Planning Commission, the Zoning Board of Adjustment, or the Board of County Commissioners, in connection with any requirement of these Land Use Regulations; LAND USE REGULATIONS 5-10 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5.• ADMINISTRATION 5-170.COUNTY ENGINEER&5-200.COMMON PROCEDURES B. Review as to Form All Legal Instruments. To review as to form all Subdivision Agreements, Planned Unit Development(PUD)Agreements,Development Agreements,easements,declarations of covenants,letters of credit,performance guarantees or other such documentation in connection with any requirement of these Land Use Regulations; and C. Advise County Officials and Boards. To advise the Planning Director,the County Attorney,the Code Enforcement Officer, the Planning Commission, the Zoning Board of Adjustment, and the Board of County Commissioners in regard to the legal issues which may arise during implementation of the Comprehensive Plan and these Land Use Regulations. (am.11/08/05) SECTION 5-170. COUNTY ENGINEER. In addition to the jurisdiction,authority and duties which may be conferred upon the County Engineer by other provisions of the County Code,the County Engineer shall have the following authority and duties under these Land Use Regulations: A. Subdivision. To assist the Planning Director in the review of the applications for Sketch Plans/Preliminary Plans and Final Plats for Subdivision: and B. Variances to Improvement Standards.To assist the Planning Director in the review of applications for variances to improvement standards. DIVISION 5-2. COMMON PROCEDURES SECTION 5-200. GENERAL A. Purpose. The purpose of Division 5-2, Common Procedures, is to establish the procedures for all legislative and administrative functions of these Land Use Regulations. This includes interpretations, amendments to the Official Zone District Map and text of these Land Use Regulations,Planned Unit Development(PUD)Districts,Special Use Permits,Variance Permits,Variances from Improvement Standards,Exemptions to Subdivision,Minor Subdivision, Subdivision,Public Way and Easement Vacations,Appeals for Beneficial Use Determinations,Certificates of Zoning Compliance,Building Permits, and Appeals from decisions/interpretations of the Planning Director. B. Table and Flow chart. 1. Table. Table 5-200,Development Review Procedures Summary,provides a summary of the types of development applications reviewed by Eagle County,which bodies are responsible for reviewing and acting on those development applications,whether public notice is required for the application, and whether a pre-application meeting is optional or mandatory for the application. 2. Flow Chart. A flow chart of the land development review process,illustrating the steps in the process, is provided in Figure 5-200,Land Development Review Process. LAND USE REGULATIONS 5-11 EAGLE COUNTY,COLORADO Ar!cle 5 0 0 o c v* * * * * * * v * * * * * * * * U U U U U U a z U U U U N U U oo '0.-: 0 O O O E * O O * * * U C• 0. 1 0. Oa * CG * w y O E E E E Q O �N E E o "� O O O Z o m N ++ z E O O O o �" O O Z �+ 0 �, Z U U U U -0 i U U i -cu i U V ct cOC cOd 0 al al >" '+ ›" 0 n O O 2 U ¢ Q Q 0 A A A A A A A A A A A A A r•a O m Ix • Q . y E p4 r/1 d ','Ir' ••• v) "O a W A E a � ` a N et.E I.* e aE x x x x x x x a aU z W aa A x x x x x x x x x x Q rx x x x Q o a 0 p 04 v 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O C p 174 174 174 -t4cC cC cO 0 cC 0 cC cal 0 ca N •C.4. '0 'O 'O b b 'O "O 'O 'C 'C 'O 'O "0 'C 'O a cOa � ccz � (Oa � ccz � cl cOa cl 0Oa c °� cct a C ° CA a F v7 G O C et a �' O *2 at O h O ivGO , 3 36• y° V O. = a a s a . aa v - w a> a> q vs v] ro. o c o .+ as a a a CA W a W E d an e d a at t f '' > 'Ci' 0 L c1 " a> a> > a F E.* *Z a C vQc n os W a O a0a "O "0 "C "O 0G G V C w h ° Q ` a. an i in 4a5 O r > > ria rd e Aa .0., le -_—----- 7 } 2 z \ \ Q % § \ \ » / Oo \ Q 0. \ \ 0 \ 5 , \ \P. a o k 0 ƒ % k 4 ƒ 2 rn \ § \ c u # % a \ a \ 7 \ - o a > «% � � k� � SJa0 + © % / MO $ / •6 , $ 0 / 0 < i . t 2 > k 7 5 / m_ » .- � k / / \% _ c -o 3 # 7 § % 2 i 7<= 2 ƒ 0 « & \ \ E4 / # •§ -0 \ a 2 & 2 ` \ k % .e % ) g /7 4 \ o $ a / , z .e 0 \ 0 a s / / \ Q -6: ƒ 7 ARTICLE 5: ADMINISTRATION 5-200.COMMONPROCEDURES' Mandatory Pre-Application Meeting Applicant Corrects Submit Application Deficiencies 1 • Planning Director Reviews Application for Sufficiency + I ♦ Notify Applicant of Is Sufficient Is Not Sufficient Deficiencies Planning Director Certifies Application as Complete Referral to Local, State and Federal Agencies Staff Review of Stakeholder Application Meeting • Establish Public Hearing Dates If No Outstanding and Legal Published Notice Issues then, 1 Prepare Staff Report If Outstanding Issues Remain then,Applicant ♦ Makes Revisions as Hearing by Review Body(ies) Necessary, OR i Application Approved;Approved • Conditionally:Tabled:or Denied Applicant Opts to Proceed to Hearing with Outstanding Issues and BoCC Resolution Ratifying Final Decision on Consent Requests, In Writing, Agenda That Hearing Dates be 4— Scheduled Submit Approved Documents for Recording, as Applicable i Obtain Executed BoCC Resolution, Certificate of Zoning Compliance and/or Building Permit LAND USE REGULATIONS 5-14 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-210.PROVISIONS OF GENERAL APPLICABILITY SECTION 5-210. PROVISIONS OF GENERAL APPLICABILITY A. Application Forms. All applications for development permits shall be submitted with the applicable County forms, which shall be available from the Planning Department. No application shall be considered complete for review unless the requested number of copies of all required materials are submitted in sufficient detail for the Planning Director to determine whether the application complies with the substantive requirements of these Land Use Regulations. B. Fees. All applications shall be accompanied by the applicable fee required by the County fee schedule. The fee schedule shall be established and may be revised from time to time by the Board of County Commissioners. Its purpose shall be to defray the costs of processing applications. The fee schedule shall be available for review in the Planning Department during normal business hours. C. Pre-application Conference. 1. General Overview. A pre-application conference is mandatory prior to the submission of Sketch Plan,Preliminary Plan,Special Use Permit,Zone Change,Amended Final Plat,Minor Type B Subdivision proposing the subdivision of unimproved property and Minor Type A Subdivision applications. The purpose of a pre-application conference is to familiarize the applicant with those provisions of these Land Use Regulations applicable to the proposed development and to confirm that the development review procedures will be consistent with Colorado law. (am. 05/01/07) 2. Initiation of Pre-application Conference. An applicant requesting a mandatory pre- application conference shall make a request for a pre-application conference with the Planning Director. Along with the request for the pre-application conference,the applicant shall provide to the Planning Director a description of the character,location,and magnitude of the proposed development and the type of development permit sought. 3. Scheduling of Pre-application Conference. The Planning Director shall schedule a pre- application conference within ten (10) working days of receipt of a request for a pre- application conference,and shall notify the applicant of the time,date,and place of the pre- application conference. (am. 05/01/07) 4. Pre-application Conference.At the pre-application conference,the applicant,the Planning Director,and any other County staff and/or State and/or federal representatives the Planning Director deems are appropriate to attend the pre-application conference, shall discuss the proposed development, and based upon the information provided by the applicant and the provisions of these Land Use Regulations,determine in general what provisions of these Land Use Regulations apply to the proposed development. The pre-application meeting must occur within two(2)months prior to the formal application. (am. 12/16/08) 5. Written Summary. Within five (5) working days of completion of the pre-application conference,the Planning Director shall mail to the applicant a written summary of the pre- application conference. (am. 05/01/07) D. Common Procedure for Review of Applications. Unless otherwise stated in this Article, the submission of an application for,determination of the completeness of,staff review of,and notice and scheduling of public hearings on all applications for development permits shall comply with the procedures of this subsection. LAND USE REGULATIONS 5-15 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-210.PROVISIONS OF GENERAL APPLICABILITY 1. Initiation. Applications for development permits shall be submitted to the Planning Director by the owner, or any other person having a recognized interest in the land for which the development is proposed, or their authorized agent. a. Applicant is Not the Owner. If the applicant is not the owner of the land, or is a contract purchaser of the land,the applicant shall submit a letter signed by the owner consenting to the submission of the application. b. Applicant is Not the Sole Owner. If the applicant is not the sole owner of the land, the applicant shall submit a letter signed by the other owners or an association representing the owners consenting to or joining in the application for development permit. 2. Minimum Contents of Application. The application shall be submitted in a form established by these Land Use Regulations and made available to the public. All applications shall include, at a minimum,the following materials: a. Applicant's Identity. The applicant's name, mailing address, telephone, email address and fax number. If the applicant is to be represented by an agent, a letter signed by the applicant granting power of attorney to the agent shall be submitted, authorizing the agent to represent the applicant and stating the representative's name, mailing address,telephone, email address and fax number. (am 05/01/07) b. Legal Description. The legal description and street address, if such exists, of the parcel on which development is proposed to occur. c. Disclosure of Ownership. A disclosure of ownership of the parcel on which the development is to occur, listing the names of all owners of the property, and all mortgages,judgments, liens,easements,contracts and agreements that run with the land.The disclosure of ownership shall be in the form of a current certificate from a title insurance company(title commitment), or ownership and encumbrance report. The title commitment or ownership and encumbrance report shall be dated within two(2)months prior to formal application submittal. (am 05/01/07)(am. 12/16/08) d. Vicinity Map. An eight and one-half inch by eleven inch(8`h"x 11")vicinity map, locating the subject parcel within Eagle County. The map shall,at a minimum,have a scale bar and clearly identify the subject parcel(s)and the nearest public road.(am. 12/16/08) e. Written Description. A written description of the proposal and an explanation in written,graphic or model form of how the proposed development complies with the review standards applicable to the application. f. Environmental Impact Report, when applicable. (See Section 4-460). g. Adjacent Property Owners. A list of all adjacent property owners,compiled by the applicant using the most recent County ad valorem tax rolls, is required for all applications and shall be submitted to the Planning Director as part of the application for development. In addition to submitting a written list, the applicant shall also submit typed addresses on individual adhesive labels or in the foiiii of pre-addressed LAND USE REGULATIONS 5-16 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-210.PROVISIONS OF GENERAL APPLICABILITY envelopes. Hand written labels or envelopes are unacceptable. (am 9/27/99) (am 05/01/07) (am. 12/16/08) h. Additional Requirements. Submittal requirements as outlined in the specific development permit section of these Land Use Regulations. 3. Determination of Completeness. As part of application initiation, the Applicant shall request an in person meeting with the Planning Director for a determination as to whether an application is complete. An application shall be deemed complete when it contains the following:(1)submittal and completion of all applicable application forms;(2)submittal of all required supporting application information; (3) submittal of all required fees. Once determined complete, the Application will be processed within five (5) working days for sufficiency review. The Planning Director will not make a determination at this meeting as to whether or not there is adequate detail for referral of the file. 4. Determination of Sufficiency. The Planning Director shall determine if the application is sufficient and includes data in adequate detail to evaluate the application to determine whether it complies with the appropriate substantive requirements of these Land Use Regulations. The timeline for determining sufficiency is as follows: a. Amended Final Plat and Minor B Subdivisions shall be reviewed for sufficiency and a determination made within 5 working days. b. Exemption Plats,Minor Type A,Variances,Limited Review,FONSI,Minor Special Use Permits,Minor PUD Amendments(Administrative)and Special District Service Plans shall be reviewed for sufficiency and a determination made within 10 working days. c. Sketch and Preliminary Plans for Subdivision; Sketch and Preliminary Plans for PUD, PUD Amendments, Zone Changes, Major Special Use Permits, Land Use Regulation Amendments, Final Plats, and 1041 Permits shall be reviewed for sufficiency and a determination made within 20 working days. a. Determined Insufficient. If the Planning Director determines the application is insufficient, a written notice shall be distributed to the applicant specifying the application's deficiencies. No further action shall be taken on the application until the deficiencies are remedied. If the applicant fails to correct the deficiencies within sixty(60)working days of receiving the notice of sufficiency comments,and has not communicated a viable reason for delay to the Planning Director or assign, the application shall be considered withdrawn.. The applicant may appeal the Planning Director's determination to the Board of County Commissioners pursuant to Section 5-2400 of these Land Use Regulations. (am 05/01/07) b. Determined Sufficient.The Planning Director shall notify the applicant,in writing, when the application has achieved sufficiency.The Planning Director or their assigns may simultaneously request a specified number of application copies for referral purposes. For Amended Final Plat, and Minor Type B Subdivision applications, referral copies may not be necessary.. (am 05/01/07) c. Referral Distribution. Within five (5) working days from the date that the requested number of referral copies is received by the Planning Department, the Planning Director shall distribute the application materials provided to the appropriate review agencies. (am 12/16/08) LAND USE REGULATIONS 5-17 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-210.PROVISIONS OF GENERAL APPLICABILITY d. Referral Time Period. The length of the referral period shall be a maximum of twenty-one (21)calendar days for: Sketch and Preliminary Plans for Subdivision; Minor Type 'A' Subdivisions; Sketch and Preliminary Plans for PUD; PUD Amendments;Zone Changes; Special Use Permits;Variances, and 1041 Permits. The length of the referral period shall be fourteen(14)calendar days for: Final Plats; Minor Type `B' Subdivisions;Amended Final Plats;Exemption Plats; and Special District Service Plans.(am 12/16/08) The length of the referral period shall be thirty (30) calendar days for any amendments or changes to these Land Use Regulations or Building Resolution.(am 12/16/08) The length of the referral period for any other type of application not listed herein shall be determined,as applicable,on a case-by-case basis by the Planning Director. (am 12/16/08) 5. Post Referral Period Stakeholder Meeting. a. Within ten (10) working days following completion of the referral period as delineated in Section 5-210.D.3.d, Referral Process, if the referral response(s) disclose deficiencies, the Planning Director or assign will schedule a stakeholder meeting with the applicant including any other County staff and/or any other applicable agency representatives the Planning Director deems appropriate,to discuss all identified concerns of the Planning Department,as well as,each referral response received and the applicant's necessary course of action to adequately respond to and remedy all concerns, deficiencies and recommendations set forth in the referral responses received.(am 12/16/08) b. Within ninety(90) working days, the applicant shall respond to and/or remedy all concerns, deficiencies and recommendations set forth in the referral responses received and shall submit a thorough response to the Planning Director or assign. If the applicant fails to submit a thorough response within ninety(90)working days and has not communicated a viable reason for delay to the Planning Director or assign, then the application shall be considered withdrawn and returned to the applicant.(am 12/16/08) c. Within ten (10) working days following receipt of the applicant's response the Planning Director or assign and any other County staff and/or any other applicable agency representatives that provided referral responses shall review the resubmitted application materials and prepare written comments for the applicant clearly delineating what, if any, outstanding concerns, deficiencies and unsatisfied recommendations remain.(am 12/16/08) The written comments shall also clearly delineate which outstanding concerns, deficiencies and recommendations identified in the referral responses received have been acceptably addressed or resolved.(am 12/16/08) d. Within ninety(90)working days, the applicant shall respond to and/or remedy all concerns,deficiencies and unsatisfied recommendations remaining as set forth in the written comments provided and shall submit a thorough response to the Planning Director or assign. If the applicant fails to submit a thorough response within ninety LAND USE REGULATIONS 5-18 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-210.PROVISIONS OF GENERAL APPLICABILITY (90) working days and has not communicated a viable reason for delay to the Planning Director or assign,then the application shall be considered withdrawn.(am 12/16/08) e. Steps 'c' and d' above shall be repeated until such time that all of the initially provided referral responses have been addressed or resolved to the satisfaction of the Planning Director.(am 12/16/08) f. Once all outstanding concerns, deficiencies and recommendations identified in the referral responses received have been acceptably addressed and/or resolved, the application shall be scheduled for the next available public hearing for which proper notice of public hearings can be achieved as delineated in Section 5-210.E,Notice of Public Hearings.(am 12/16/08) g. In the event that the Planning Director and the applicant are not able to resolve deficiencies as delineated in Section 5-210.D.4.a., above, including acceptable resolution of Planning Department concerns and the referral responses received,then the applicant may request, in writing,that the application be scheduled for the next available public hearing for which proper notice of public hearings can be achieved as delineated in Section 5-210.E, Notice of Public Hearings, at any point in the process following receipt of referral responses. The applicant shall provide the County with a written response detailing how referral comments have been addressed,and if not addressed why not.Notwithstanding the foregoing,an applicant shall not be permitted to request that an application be scheduled for a public hearing if the deficiencies relate to information or documents that are required by the ECLUR and which an applicant has failed to or refused to provide within the timeframes set forth in the ECLUR If an applicant requests, in writing, that the application be scheduled for the next available hearing prior to resolution of the referral responses received to the satisfaction of the Planning Director,it is understood by the applicant that the Staff Report shall describe, in detail, all outstanding deficiencies and whether the application complies with all appropriate standards of these Land Use Regulations. The Staff Report shall also recommend any changes in the development and/or conditions of approval necessary to bring the development into compliance with the appropriate review standards, or it may contain a recommendation of denial of the application based on the existing deficiencies. Conditions of approval,if necessary, are intended to eliminate any areas of noncompliance or mitigate any adverse effects of the proposed development. h. Upon the scheduling of public hearing dates, new additional and/or revised information shall be submitted to County staff no later than 20 working days in advance of the scheduled public hearing date." 6. Staff Report by Planning Director. The Planning Director shall prepare and distribute a detailed Staff Report evaluating the application to the applicant and make the report available to the public no later than five(5)working days before the first scheduled public hearing on the application. The Staff Report shall describe whether the application complies with all appropriate standards of these Land Use Regulations;it shall also recommend any changes in the development,as submitted,and the conditions for approval,if any,necessary to bring the development into compliance with the appropriate review standards, or disapproval. LAND USE REGULATIONS 5-19 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-210.PROVISIONS OF GENERAL APPLICABILITY Conditions for approval may also be recommended to eliminate any areas of noncompliance or mitigate any adverse effects of the proposed development. (am 12/16/08) 7. Scheduling of Public Hearing(s). The Planning Director shall ensure that the appropriate public hearing or public hearings on the application shall be scheduled pursuant to Section 5- 210.E.,Notice of Public Hearings,for a regularly scheduled meeting or a meeting specially called for that purpose by the decision-making,administrative,or advisory body reviewing the application.The first public hearing shall be scheduled no later than sixty(60)days after the application has been determined to be sufficient,providing sufficient time for a Staff Report to be prepared,and for the public notice requirements to be satisfied. (am 9/27/99)(am 12/16/08) E. Notice of Public Hearings. All proposed amendments or updates to the Comprehensive Plan and any applications for development permits that require public hearings,unless otherwise noted,shall follow the provisions of this subsection with regard to public notice and the conduct of such public hearings. Minor Subdivisions shall comply with the provisions of this subsection except that Type Minor B Subdivisions are exempt unless the application is for the creation of three (3) or fewer lots from otherwise unimproved land.The Planning Director shall be responsible for:(1)placing notice in the newspaper; (2)mailing notice to adjoining landowners; and(3)furnishing a copy of the sign to the applicant. The applicant shall be responsible for: (1)providing the Planning Director with a list of adjacent landowners from the most recent County ad valorem tax rolls; (2)paying for the costs of publishing notice and mailing notice; (3)posting the sign(s)on the property; and(4)submitting an affidavit that notice was properly posted on the property. (am 9/27/99), (am 3/12/02) (am 11/08/05) (am 5/08/12) 1. Notice in Newspaper. All proposed amendments or updates to the Comprehensive Plan and applications for development permits,with the exception of Final Plats,Amended Final Plats, Subdivision Exemptions, Minor Type B Subdivisions, and Limited Review Applications, shall be advertised in the legal notice section of an official County newspaper. Notice of an application for amendments to the text of these Land Use Regulations or the Zoning District Map,amendments to the Comprehensive Plan and all development permits requiring a public hearing except those for Subdivision shall be published no less than fourteen(14)calendar days prior to the date of the first public hearing. Notice of an application for a Sketch Plan or Preliminary Plan for Subdivision shall be published a minimum of twenty-one (21) days before the Planning Commission public hearing and thirty (30) days before the Board of County Commissioner's public hearing. In the event the Planning Commission tables a file beyond the original Board of County Commissioners published hearing date,the file must be re-advertised a minimum of 15 days prior to the reestablished Board of County Commissioners hearing unless the Board of County Commissioners at such hearing tables the file to a date certain. (am. 3/12/02) (am 11/08/05)(am 12/16/08)(am 5/08/12) Notices shall contain the following information: a. Type of Application. The type of application sought: i.e.amendment to the Official Zone District Map, amendment to the text of these Land Use Regulations,Planned Unit Development (PUD) District, Special Use Permit, Variance Permit or Subdivision. b. Description of Action. A short description of the proposed action requested. c. Location of Land. The common street address and part of the County (name of community,where applicable)of the land subject to the application,a general legal description of the land, and a description of the area(size)of the land. LAND USE REGULATIONS 5-20 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-210.PROVISIONS OF GENERAL APPLICABILITY d. Location,Date,Time. The location,address,date,and time of the public hearing. e. Where Information May be Obtained. Information on where the full details of the application may be obtained including,if it is a proposed amendment to the Official Zone District Map or the text of these Land Use Regulations,the place where the text or the map may be examined. 2. Mailed Notice. A notice containing all the information required under Section 5-210.E.1., Notice in Newspaper, shall be sent by mail, first-class postage prepaid,to all landowners of the land subject to the application and all adjacent landowners of the land subject to the application no less than fifteen (15) calendar days prior to the public hearing. All applications, except for Minor Type B Subdivisions involving the subdivision of condominiums,patio homes,townhomes and duplexes, shall comply with this section. (am 3/12/02)(am 12/16/08) 3. Posted Notice. All lands subject to a public hearing except for those associated with amendments or updates to the Comprehensive Plan,Minor Type B Subdivisions involving the subdivision of condominiums,patio homes,townhomes and duplexes,and Limited Review Applications,shall be posted with at least one(1)notice(a sign)of the public hearing at least fifteen(15)calendar days prior to the public hearing. The dimensions of the sign(s)shall be a minimum of two (2) feet by three (3) feet. The sign(s) shall state the type of application sought for the land, the Eagle County file name, and number, and that more detailed information is available about the application in the Planning Department.Signs are available in the Department of Community Development during regular business hours. (am 3/12/02)(am 12/16/08)(am 5/08/12) The sign(s)shall be set back no more than twenty-five(25)feet from the street,and shall be erected in full view of the public on each street side of the land subject to the application. Where the land does not have frontage on a public or private street, the sign(s) shall be erected on the nearest street right-of-way with an attached notation indicating generally the direction and distance to the land subject to the application.The materials to which the sign(s) is affixed shall be sturdy and waterproof or shall have a waterproof covering. The posting of such sign(s) will be the responsibility of the applicant, and applicant shall make every reasonable effort to maintain a sign upon the property for the duration of the posting period. Prior to public hearing,the applicant will provide a sworn certification that such notice was posted on the property in accordance with these guidelines,and that property has remained so posted for the required number of days prior to the public hearing. The sign(s)shall be removed after the decision is rendered on the application. The failure of any such posted notice to remain in place after the notice has been properly posted,without the applicant's knowledge and despite applicant's reasonable efforts to maintain the sign(s),shall not be deemed a failure to comply with the standards,or be grounds to challenge the validity of any decision made on the application. (am 9/27/99) F. Public Hearing Procedure. A public hearing held pursuant to these Land Use Regulations shall comply with the following procedures. 1. Examination and Copying of Documents. At any time upon reasonable request during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the Planning Department. Copies of such LAND USE REGULATIONS 5-21 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-210.PROVISIONS OF GENERAL APPLICABILITY materials shall be made available upon reasonable notice,and payment of a fee for copying pursuant to the County's fee schedule. 2. Request for Notification of Public Hearing. Notification of all public hearings shall be provided by the Planning Director to any person who requests notification in writing from the Planning Director, and pays the costs of the processing and mailing of the notification. 3. Staff Report. A Staff Report shall be available to the applicant and the public at least five (5) working days prior to the public hearing. The Staff Report shall address each standard/finding required to be considered by these Land Use Regulations prior to approval of the application, and recommend approval, approval with conditions, or disapproval, whichever is appropriate. 4. Site Visit. As part of its hearing to consider the application for development permit, the advisory or decision-making body may inspect the site of the proposed development. Upon reasonable request of the Planning Director,the applicant shall mark the development site before the site visit to locate property boundaries, building envelopes and other site development features. 5. Conduct of Public Hearing. The conduct of a public hearing shall comply with the following procedures. a. Rights of All Persons. Any person may appear at a public hearing and submit evidence,either individually or as a representative of an organization. Upon request of the Chairman,anyone representing an organization shall present written evidence of their authority to speak on behalf of the organization in regard to the matter under consideration. Each person who appears at a public hearing shall be identified,state an address,and if appearing on behalf of an organization,state the name and mailing address of the organization. b. Order of Proceedings. The Chairman conducting the public hearing may exclude testimony or evidence that is found to be irrelevant,immaterial or unduly repetitious. The order of the proceedings shall be as follows: (1) Description.The Planning Director shall present a narrative and/or graphic description of the application. (2) Staff Report. The Planning Director shall present a Staff Report which includes a written evaluation. This evaluation shall address each standard required to be considered by these Land Use Regulations prior to approval of the application. (am 12/16/08) (3) Applicant Presentation. The applicant shall present any information the applicant deems appropriate. (4) Public Testimony. Public testimony shall be heard. (5) Applicant Response. The applicant may respond to any testimony or evidence presented by the public. LAND USE REGULATIONS 5-22 EAGLE COUNTY,COLORADO Article 5 ARTICLES: ADMINISTRATION 5-210.PROVISIONS OF GENERAL APPLICABILITY (6) County Staff Response. The Planning Director, or Planning Department staff,the County Attorney, and any other County staff may respond to any statement made by the applicant or the public. c. Testimony. If any testimony or evidence is excluded as irrelevant, immaterial or unduly repetitious, the person offering such testimony or evidence shall have an opportunity to make a proffer in regard to such testimony or evidence for the record. Such proffer shall be made at the public hearing. d. Continuance of Public Hearing. The body conducting the public hearing may,on its own motion or at the request of any person,continue the public hearing to a fixed date,time and place. All continuances shall be granted at the discretion of the body conducting the public hearing only upon good cause shown; however, no public hearing shall be continued for more than forty (40) days from the date of commencement of the public hearing without the written consent of the applicant. (am 12/16/08)(am 5/08/12) e. Submittal of New Additional and/or Revised Information. When an application is tabled for the purpose of allowing the applicant opportunity to respond to concerns delineated by the body conducting the public hearing,staff or any other person then, new additional and/or revised information shall be submitted to County staff no later than 20 working days in advance of the continued public hearing date.(orig.12/16/08) f. Withdrawal of Application. An applicant shall have the right to withdraw an application at any time prior to the action on the application by the decision-making body. g. Record. (1) Recording of Public Hearing. The body conducting the public hearing shall record the public hearing by any appropriate means, including transcription,audiotape,or videotape. A copy of the public hearing record may be acquired upon reasonable notice by any person upon application to the Planning Director and payment of a fee to cover the costs of duplication of the record, pursuant to the Eagle County fee schedule. (am 9/27/99) (2) The Record. The written or taped record of oral proceedings, including testimony and statements of personal opinions,the minutes of the Clerk,all applications, exhibits and papers submitted in any proceeding before the decision-making,administrative,or advisory body,the Staff Report and the decision of the body shall constitute the record. (3) Location of Record/Inspection. All records of decision-making, administrative, or advisory bodies shall be public records, open for inspection. Persons may determine the location of particular records by coming to the offices of the Planning Director during normal business. G. Actions by Decision-Making, Administrative, and Advisory Bodies. All decision-making, administrative,and advisory bodies and persons shall act in accord with the time limits established in these Land Use Regulations. LAND USE REGULATIONS 5-23 EAGLE COUNTY,COLORADO Article 5 ARTICLES: ADMINISTRATION 5-210.PROVISIONS OF GENERAL APPLICABILITY 1. Findings. All decisions shall include at least(a)a clear statement of specific findings of fact and a statement of the basis upon which such facts were determined,with specific reference to the relevant standards set forth in these Land Use Regulations; and(b)a clear statement of approval, approval with conditions, or disapproval. 2. Notification. Notification of a decision-making or administrative body's decision shall be provided by the Planning Director to the applicant by mail.A copy of the decision shall also be made available to the applicant at the offices of the Planning Department,during normal business hours,within a reasonable period of time after the decision 3. Substantial change from Planning Commission Recommendation. a. Submittal to Planning Commission/Public Hearing. If, after the initial public` hearing on an application for an amendment to the Official Zone District Map or the text of these Land Use Regulations or an application for Preliminary Plan for PUD, the Board of County Commissioners proposes to consider approval of an application that constitutes a substantial change in or departure from the initial application recommended by the Planning Commission which is not made solely to satisfy Planning Commission recommendations or conditions, the matter may, at the discretion of the Board of County Commissioners,be submitted back to the Planning Commission for consideration at a public hearing. Public notification shall be provided pursuant to Section 5-210.E., Notice of Public Hearings, and the public hearing shall be conducted pursuant to Section 5-210.F.,Public Hearing Procedure. The Planning Commission shall consider the matter within thirty(30)calendar days of its submission from the Board of County Commissioners.At the public hearing, the Planning Commission shall consider the submitted materials,any Staff Report, and the testimony given at the public hearing.After the close of the public hearing, the Planning Commission shall recommend to the Board of County Commissioners either to approve or disapprove the application based on the standards applicable to the application and forward the application back to the Board of County Commissioners.(am 5/08/12) b. Action by Board of County Commissioners.After receipt of the recommendation from the Planning Commission,the Board of County Commissioners shall conduct another public hearing on the application. Public notification shall be provided pursuant to Section 5-210.E.,Notice of Public Hearings,and the public hearing shall be conducted pursuant to Section 5-210.F.,Public Hearing Procedure.At the public hearing, the Board of County Commissioners shall consider the application, the relevant support materials, the Staff Report, the Planning Commission recommendation and the public testimony given at the public hearing.After the close of the public hearing,the Board of County Commissioners,by a majority vote of the quorum present,shall approve or disapprove the application based on the standards applicable to the application. The Board of County Commissioner's determination shall be memorialized by Resolution,adoption of which shall constitute final action of the Board of County Commissioners on the application. Finalization of the Resolution must occur within 90 days of the Board of County Commissioner's vote to approve, approve with conditions or disapprove the application. (am 04/04/06)(am 5/08/12) 4. Dormant Applications.Any land use application request that has been dormant for a period of ninety(90)calendar days,without a substantive and sufficient response by the Applicant to pending requests by the County for additional information and other changes in the LAND USE REGULATIONS 5-24 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-210.PROVISIONS OF GENERAL APPLICABILITY application,or other,similar failure of the Applicant to demonstrate due diligence in pursuing the application in a timely manner without communicating a viable reason for delay to the Planning Director or assign, shall be deemed to be formally withdrawn. The land use application file and its contents will be archived or returned to the applicant.(orig.12/16/08)(am 5/08/12) H. Extinguishment of Approvals. If a Sketch Plan for PUD,Preliminary Plan for PUD,Sketch Plan for Subdivision,Preliminary Plan for Subdivision,Final Plat for Subdivision,or a Special Use Permit is not extended pursuant to the applicable procedures for that type of application,then the Board of County Commissioners shall initiate a hearing pursuant to the following procedures to determine whether to extinguish the approved Preliminary Plan for PUD,Preliminary Plan for Subdivision,or Special Use Permit. (am 5/08/12) 1. Establishment of hearing date before Hearing Officer. This process shall be initiated by the Board of County Commissioners directing the Planning Director to notify the permitted person by mail and at least thirty (30) calendar days in advance that a hearing has been scheduled before a Hearing Officer on whether the applicable approval should be extinguished. 2. Hearing by Hearing Officer. At the hearing before the Hearing Officer,the County shall be represented by the Planning Director or his delegate and the applicant shall be represented by himself or his representative. All evidence shall be presented under oath, and the parties involved shall be permitted to cross-examine witnesses. The sworn testimony and evidence shall pertain to the standards set forth below. 3. Findings of the Hearing Officer. Within thirty (30) calendar days of the close of the hearing,the Hearing Officer shall prepare recommended findings of fact and a proposed order for consideration by the Board of County Commissioners. The findings and recommendations of the Hearing Officer shall be based on the evidence submitted and the standards in Section 5-210 H.5.,Standards. The Hearing Officer's recommended findings of fact and proposed order shall be in writing and shall detail the basis of the conclusions from the record of the hearing. 4. Action by Board of County Commissioners. The Board of County Commissioners shall schedule a hearing on the application within thirty(30)calendar days of the date the Hearing Officer issues the recommended findings of fact and proposed order. The Planning Director shall provide the applicant and adjacent landowners at least twenty(20)calendar days notice of the hearing by mail. At the hearing,the Board of County Commissioners shall approve, approve with conditions,or disapprove the findings of fact and proposed order of the Hearing Officer, based on the standards below. If the Board of County Commissioners attaches conditions, modifies, or reverses the findings of fact or proposed order, it shall do so only when the record of the hearing indicates that the Hearing Officer is unsupported by the record,or that the proposed order is not in conformance with the standards below. 5. Standards for Extension of Land Use Application Approval. A Sketch Plan for PUD, Preliminary Plan for PUD, Sketch Plan for Subdivision,Preliminary Plan for Subdivision, Final Plat for Subdivision, or a Special Use Permit for which an extension has not been granted shall be voided and extinguished unless the applicant can demonstrate by competent substantial evidence that failure to proceed with the development of the application was: a. Beyond the applicant's control; LAND USE REGULATIONS 5-25 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-210.PROVISIONS OF GENERAL APPLICABILITY b. The development complies with these Land Use Regulations and the Comprehensive Plan; and c. There is reasonable likelihood the next step in the development application will be submitted, or the development itself will be initiated in the next two (2) years. (am.11/08/05)(am 5/08/12) 6. Reversion to Former Zoning. When a Preliminary Plan for PUD is extinguished,the Board shall concurrently initiate and amend the Official Zone District Map to the zone district classification of the land that was in effect prior to the time that the Preliminary Plan for PUD was originally approved. The Board of County Commissioners shall consider the requirements of Section 24-67-106.1 Colorado Revised Statutes prior to ordering any PUD Plan extinguished and shall make any finding required by law prior to extinguishing the PUD Plan. Should the Board find that extinguishment of the plan is contrary to law,the plan shall not be extinguished. (am 5/08/12) I. Consolidation. This land development review process is intended to encourage the efficient processing of applications. Applicants may request, and the Planning Director may permit, the simultaneous submission and review of all necessary development applications for a parcel of land. The Planning Director is authorized to waive any overlapping application submission requirements in the consolidated review. J. Subsequent Permits. Development shall not be carried out until the applicant has secured all permits required by these Land Use Regulations. An applicant who obtains a development permit shall not have assurance the development will receive approval for subsequent permits,unless the relevant and applicable portions of these Land Use Regulations are met. K. Successive Applications. Unless otherwise stated in this Division,whenever any application(except for a Certificate of Zoning Compliance)is denied by the Board of County Commissioners for failure to meet the substantive requirements of these Regulations, no application for the same or a similar development proposal shall be accepted or considered for all or a part of the same or substantially the same land for a period of one (1) year after the date of disapproval, unless the applicant can demonstrate to the Planning Director that there has been a change of circumstances or conditions that affect the proposed development, or unless a majority of the membership of the Board of County Commissioners determines that the prior disapproval was based on a material mistake of fact. SECTION 5-220. INTERPRETATIONS A. General. The Planning Director shall be responsible for interpreting these Land Use Regulations, based upon an understanding of the purposes intended by the Board of County Commissioners in their adoption. B. Record. The Planning Director shall maintain a record of all interpretations rendered. This record shall be available for public inspection in the Planning Department,upon reasonable request,during normal business hours. SECTION 5-230. AMENDMENTS TO THE TEXT OF THESE LAND USE REGULATIONS OR THE OFFICIAL ZONE DISTRICT MAP All amendments to the text of these Land Use Regulations or amendments to the Official Zone District Map shall meet the standards set forth in this Section. LAND USE REGULATIONS 5-26 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5:ADMINISTRATION 5-230 AMENDMENTS TO THE TEXT OF THESE LAND USE REGULATIONS OR THE OFFICIAL ZONING MAP A. Purpose. The purpose of this Section is to provide a means for changing the boundaries of the Official Zone District Map or any other map incorporated in these Regulations by reference,and for changing the text of these Land Use Regulations. It is not intended to relieve particular hardships,or to confer special privileges or rights on any person,but only to make necessary adjustments in light of changed conditions. B. Initiation. 1. Map Amendment. An application for an amendment to the Official Zone District Map or any other map incorporated in these Regulations may be proposed by the Board of County Commissioners, the Planning Commission,the Planning Director, or the owner or another person having a recognized interest in the land affected by a proposed amendment or their authorized agent. 2. Text Amendment. An application for an amendment to the text of these Land Use Regulations may be proposed by the Board of County Commissioners, the Planning Commission,the Planning Director,the owner or another person having a recognized interest in land in the unincorporated County or their authorized agent,or any citizen of the County. 3. Application Contents. An application for an amendment to the Official Zone District Map or any other map incorporated in these Regulations or an application for an amendment to the text of these Land Use Regulations shall contain the materials specified in Section 5-210 D.2., Minimum Contents of Application,and the following additional materials: (am 04/04/06) a. Precise Wording. If the application is for an amendment to the text, the precise wording of the proposed change shall be provided. 4. Application Contents for a Map Amendment. An application for an amendment to the Official Zone District Map or any other map incorporated in these Regulations shall contain the materials specified in Section 5-210 D.2.,Minimum Contents of Application, and the following additional materials: (orig 04/04/06) The Director of Community Development may waive one or more of the submittal requirements when the submittal information would not be relevant to whether the Zone Change proposed complies with the approval criteria. a) Application filing fee pursuant to the current fee schedule; b) A companion Subdivision Preliminary Plan;companion Planned Unit Development Preliminary Plan; companion Minor Subdivision,or; companion Special Use Permit shall accompany all Zone Change Applications and shall become a condition of the zone change application. c) If the requested zone change is for a Planned Unit Development,the applicant shall also include a companion application for a Planned Unit Development Preliminary Plan as delineated under Chapter II, Section 5-240 of the Eagle County Land Use Regulation and certification of notice to mineral estate owners of record pursuant to Section 24-65.5-103,Colorado Revised Statutes. Such notice shall include all information required by such statute,as well as the time LAND USE REGULATIONS 5-27 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-230.AMENDMENTS TO THE TEXT OF THESE LAND USE REGULATIONS OR THE OFFICIAL ZONING MAP and place of the initial public hearing, the nature of the hearing,the location of the property that is the subject of the hearing and the name of the applicant; d) A Certified boundary survey of the parcel under consideration, showing all bearings and distances outside the perimeter boundary lines. The closure error of the survey may not exceed one to five thousand(1:5,000). e) A statement of how the proposed zone change complies with Section 5-230.D.1.a. of these Regulations. (am 5,08/12) A statement of how the proposed zone change complies with Section 5-230.D.1.b. of these Regulations. (am 5/08/12) g) Statements from public water and sewer utilities which indicate that they are able to provide service for the site. If public utilities are not to be used,the applicant shall submit information which documents the availability of water and suitability of the site for the sewage disposal system chosen by the applicant. The evidence shall document the adequacy of the proposed utility service for the uses permitted in the proposed zone district. h) An Engineering Geology Report/Geotechnical Study of the site proposed for Zone Change with a statement of the suitability of soils to support all uses allowed in the proposed zone district. If the Engineering Geology Report/Geotechnical Study indicates soils which present moderate or severe limitations to the construction of structures or facilities on the site,the applicant shall submit information which demonstrates that the limitations can be reasonably and practicably overcome. i) If road, intersection, or highway facilities which provide access to the property are not adequate to meet the requirements of the proposed zone district,the applicant shall supply information which demonstrates willingness and financial capability to upgrade the road or highway facilities in conformance with the County's road standards. In addition,the applicant shall provide information which demonstrates that no significant impact will occur to other roads, intersections or highway facilities as a result of the proposed change, with consideration given to all potential changes in the vicinity or how the applicant intends to mitigate the impact. j) If the proposed Zone Change is located within an Overlay District identified by maps officially adopted by the County,the applicant shall submit information which either documents how the County regulations concerning Overlay Districts have been satisfied or documents how the applicant intends to meet the requirements of the County regulations concerning Overlay Districts. LAND USE REGULATIONS 5-28 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5:ADMINISTRATION 5-230.AMENDMENTS TO THE TEXT OF THESE LAND USE REGULATIONS OR THE OFFICIAL ZONING MAP C. Procedure. 1. Review of Applications. The submission of an application for an Amendment, determination of its sufficiency,staff review of,and notice and scheduling of a public hearing for an application for amendment to the Official Zone District Map or any other map incorporated in these Regulations or the text of these Land Use Regulations shall comply with Section 1.15 of these Land Use Regulations and those procedures established in Section 5-210.D,Common Procedure for Review of Applications,deemed applicable by the Planning Director. (am.11/08/05) 2. Review and Recommendation of Planning Commission. The Planning Commission shall conduct a public hearing on an application for amendment to the Official Zone District Map or any other map incorporated in these Regulations or on an application for an amendment to the text of these Land Use Regulations. At the public hearing,the Planning Commission shall consider the application, the relevant support materials, the Staff Report, and the public testimony given at the public hearing. After the close of the public hearing,the Planning Commission shall recommend to the Board of County Commissioners either to approve or disapprove the application based on the standards in Section 5-230.D and forward the application to the Board of County Commissioners. 3. Action by Board of County Commissioners. a. General. After receipt of the recommendation from the Planning Commission,the Board of County Commissioners shall conduct a public hearing the application. At the public hearing, the Board of County Commissioners shall consider the application, the relevant support materials, the Staff Report, the Planning Commission recommendation,and the public testimony given at the public hearing. After the close of the public hearing, the Board of County Commissioners by a majority vote of the quorum present, shall either approve or disapprove the application based on the standards in Section 5-230.D. However, if the Planning Commission has recommended disapproval of a zone change application the zone change application shall only be approved by a majority vote of the entire membership of the Board of County Commissioners. Any amendment to the Official Zone District Map or any other map incorporated in these Regulations or the text of these Land Use Regulations approved by the Board of County Commissioners shall be adopted by Resolution. (am.04/04/06) D. Standards for Zone Change. 1. No change in zoning shall be allowed unless in the sole discretion of the Board of County Commissioners,the change is justified in that the advantages of the use requested substantially outweigh the disadvantages to the County and neighboring lands. In making such a determination,the Planning Commission and the Board of County Commissioners shall consider the application submittal requirements and the following standards: (am.04/04/06) a. Conformance with the Comprehensive Plan. The proposed change in zoning is in substantial conformance with the purposes, intents,goals and policies of the Comprehensive Plan, including but not limited to: (am.04/04/06)(am 5/08/12) Section 3.2 General Development Policies a,c,e, f,g,h,i and k Section 3.3 Economic Resources Policies b,c,d,e,f,h,j,m and o LAND USE REGULATIONS 5-29 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-230.AMENDMENTS TO THE TEXT OF THESE LAND USE REGULATIONS OR THE OFFICIAL ZONING MAP Section 3.4 Housing Policies a, d, e, g and n Section 3.5 Infrastructure and Services Policies a, c, g, i,j, k,m and o Section 3.6 Water Resources Policies a,b,c, d, e,f,g, h and i Section 3.7 Wildlife Resources Policies a, b,c,d,e, f and i Section 3.8 Sensitive Lands Policies a, c, e and g Section 3.9 Environmental Quality Policies a,c and d Section 3.10 Future Land Use Map Policy a Section 4 Adopted Area Community Plans All relevant goals, policies and FLUM designations b. The proposed change in zoning is in substantial conformance with the goals, policies, and intents of any applicable Area Community Plan. (am 5/08/12) c. The proposed change in zoning is in substantial conformance with the goals, policies, and intents of any applicable ancillary County adopted documents pertaining to natural resource protection,affordable housing or infrastructure management, including but not limited to: (am 5/08/12) Eagle County Open Space Plan Eagle River Watershed Plan Eagle Valley Regional Trails Plan Eagle County Trails Plan(Roaring Fork) Eagle County Local Resident Housing Guidelines Eagle County Airport Sub-Area Master Plan 2. Compatible with Surrounding Uses. The proposed change in zoning is compatible with the type, intensity,character and scale of existing and permissible land uses surrounding the subject property. Dimensional limitations of the proposed zone district,when applied, should result in development that will be harmonious with the physical character of existing or permissible uses surrounding the subject property. (am.04/04/06)(am 5./08/12) 3. Public Benefit. The proposed change in zoning addresses a demonstrated community need or otherwise result in one or more particular public benefits that offset the impacts of the proposed uses requested, including but not limited to: Affordable local resident housing; childcare facilities;transportation efficiencies, public recreational opportunities; infrastructure improvements; preservation of lands of high conservation value,senior housing, or medical facilities. (am.0-1/04/06)(am 5/08/12) 4. Change of Circumstances. The proposal change in zoning addresses or responds to a beneficial material change that has occurred to the immediate neighborhood or to the greater Eagle County community. (am.04/04/06)(am 5/08/12) 5. Adequate Infrastructure. The property subject to the proposed change in zoning is, or may be served by adequate roads, water, sewer and other public use facilities.(am.04/04/06) (am 5/08/12) E. Zone Change Conditions of Approval. The Board of County Commissioners may establish conditions for any approval of a change in zoning as deemed necessary to ensure that the justification and standards for the zoning change will be satisfied. (orig. 04/04/06) F. Resubmittal If Zone Change Is Denied. If a request for a zone change is denied, no person may [AND USE REGULATIONS 5-30 EAGLE COUNTY,COLORADO Arnc(r 5 ARTICLE 5: ADMINISTRATION 5-240.PLANNED UNIT DEVELOPMENT(PUD)DISTRICT submit a request to change the zoning of the same property within one year from the date of such denial. (orig. 04/04/06) SECTION 5-240. PLANNED UNIT DEVELOPMENT(PUD)DISTRICT A. Purpose. The purpose of the Planned Unit Development(PUD)zone district is to permit variations from the strict application of the standards of the County's other zone districts in order to allow flexibility for landowners to creatively plan for the overall development of their land and thereby,to achieve a more desirable environment than would be possible through the strict application of the minimum standards of these Land Use Regulations. This is done through the application of performance standards that: 1. Permit Integration of Uses. Permit the integration, rather than separation of uses, so that necessary facilities are conveniently located in relation to each other; 2. Efficient Land Use Patterns. Establish land use patterns that promote and expand opportunities for public transportation and for safe, efficient, compact street and utility networks that lower development and maintenance costs and conserve energy; 3. Preserve Lands. Preserve valued environmental resource lands and avoid the development of natural hazard areas; 4. Maintain Water Quality and Quantity. Maintain and enhance surface and ground water quality and quantity; 5. Contribute to Trails System. Provide applicants the opportunity to contribute to the County's multi-use trail system and maintain access to public lands and rivers; 6. Incentives for Affordable Housing. Establish incentives for applicants to encourage the provision of long term affordable housing; and 7. Comprehensive Plan.The PUD shall be in substantial conformance with the Eagle County Comprehensive Plan,Area Community Plans and any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing or infrastructure management. (am.11/08/05)(am.5/08/12) B. Authority. This Section is adopted pursuant to Sec. 24-67-101, et. sec., C.R.S., the Planned Unit Development Act of 1972. C. General Applicability. Before any development shall be designated as a Planned Unit Development (PUD)zone district on the Official Zone District Map,it shall receive approval pursuant to the terms of this Section. D. Minimum Land Area. There shall be no minimum land area limitation on the designation of lands with a Planned Unit Development(PUD)zone district designation,provided that a PUD designation should not be granted solely to permit variances for development of a single lot,building or use. E. Location. A Planned Unit Development(PUD)zone district designation may be established on any land located in unincorporated Eagle County that complies with all of the applicable standards of this Section. LAND USE REGULATIONS 5-31 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5. ADMINISTRATION 5-240.PLANNED UNIT DEVELOPMENT(PUD)DISTRICT F. Procedure. 1. Overview of Development Review. An applicant proposing to develop a Planned Unit Development(PUD)shall obtain approval for a Sketch Plan and a Preliminary Plan for PUD pursuant to the procedures and standards of this Section. Following the approval of the Preliminary Plan for PUD, the applicant shall submit an application for Final Plat for Subdivision, in compliance with the requirements of Section 5-280, Subdivision. a. Sketch Plan. The purpose of sketch plan review is for the applicant,the County and the public to evaluate and discuss the basic concepts for development of the proposed PUD,and to consider whether development of the property as a PUD will result in a significant improvement over its development as a conventional subdivision. It is the time when determinations should be made as to whether the proposed PUD substantially complies with these Land Use Regulations and is in substantial conformance with the Eagle County Comprehensive Plan,Area Community Plans and any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing, or infrastructure management, and is generally compatible with the existing and currently permissible future uses of adjacent land and other lands that may be substantially impacted. It is also the opportunity to reach general agreement on such issues as the appropriate range of units and commercial space for development;the types of use,dimensional limitations and other variations that may be considered; the general locations intended for development and the areas planned to remain undeveloped;the general alignments for access; and whether water supply and sewage disposal will be provided via on-site systems or through connection to public systems. The outcome of sketch plan review should be an identification of issues and concerns the applicant must address if the project is ultimately to receive approval for a Preliminary Plan for PUD from the County. (am 11/08/05)(am 05/08/12) b. Preliminary Plan. The purpose of preliminary plan review is for the applicant to respond to the issues and concerns identified during sketch plan review and to formulate detailed,properly engineered solutions to those issues and concerns that conform to the approved sketch plan. The preliminary plan stage is when the applicant is to provide detailed information and mitigation proposals to be evaluated by the County. The preliminary plan shall include a guide to the development of the PUD(hereinafter,the "PUD Guide"), specifying the limitations that will guide the future development of the property. c. Zone District Map Amendment. The preliminary plan application shall be accompanied by an application for an Amendment to the Official Zone District Map, submitted pursuant to Section 5-230, Amendments to the Text of These Land Use Regulations or the Official Zone District Map. d. Subdivision. Where the PUD proposes activities that constitute a subdivision,the applications for Sketch Plan and Preliminary Plan for PUD shall also be required to meet the requirements of Section 5-280, Subdivision, regarding procedures for Sketch Plan and Preliminary Plan for Subdivision,respectively. LAND USE REGULATIONS 5-32 EAGLE COUNTY,COLORADO Article 5 ARTICLES: ADMINISTRATION 5-240.PLANNED UNIT DEVELOPMENT(PUD)DISTRICT 2. Sketch Plan for PUD. a. Initiation. Applications for development permits for a Sketch Plan for PUD may be submitted at any time to the Planning Director by the owner, or any other person having a recognizable interest in the land for which the Sketch Plan for PUD is proposed, or their authorized agent. The application shall contain the materials specified in Section 5-210.D.2., Minimum Contents of Application, and the following information: (1) Reasons PUD procedure is more desirable than conventional plan. (2) Proposed land uses, commercial, industrial and multi-family building locations,residential densities, and commercial square footages. (3) Proposed vehicle circulation pattern indicating the status of street ownership. (4) Proposed pedestrian circulation, and links to other external path systems. (5) Proposed open space. (6) Proposed grading and drainage pattern. (7) Proposed method of water supply and sewage disposal.Including: Proposed water augmentation plan(if applicable);or an`ability to serve' letter from applicable water and/or wastewater provider.Information regarding existing water rights including,but not limited to:Evidence of ownership or right of acquisition of or use of existing and proposed water rights;historical use and estimate yield of claimed water rights; and Amenability of existing rights to a change in use. If the water supply is proposed to be an existing well, a copy of a current valid well permit and location map identifying the location of the existing well must be provided. If individual wells are proposed,an alternatives assessment performed by a qualified Registered Professional Engineer must be submitted and include the following minimum information: Anticipated dependability of source;anticipated yield of source;anticipated depth to groundwater; anticipated water quality; estimated cost of individual well construction; and anticipated rate of water delivery. If sewage disposal is proposed to be via on-site,On-site Wastewater Treatment Systems (OWTS), an alternatives assessment must be prepared by a qualified Professional Engineer evaluating the ability of the natural environment to support on-site systems with commensurate levels of sewage treatment, along with the physical ability of each property to support a site and an alternate site for wastewater disposal. The applicant must be prepared to estimate cost of installation and maintenance and state how the systems are proposed to be maintained. (am. 03/28/06)(am.05/08/12) (8) Proposed PUD Guide setting forth the proposed land use restrictions. (9) Wildlife Analysis pursuant to Section 4-410. LAND USE REGULATIONS 5-33 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-240.PLANNED UNIT DEVELOPMENT(PUD)DISTRICT (10) Geologic Hazards Analysis pursuant to Section 4-420. (11) Ridgeline Visual Analysis pursuant to Section 4-450. (12) Conceptual Landscape Plan pursuant to Section 4-220. (13) Environmental Impact Report pursuant to Section 4-460. (14) Vegetation Management Plan pursuant to Section 4-430. (orig. 12/17/02) (15) Any or all of the following requirements, as determined by the Planning Director,based on the complexity of the proposal: (a) Supporting data to justify any proposed commercial and industrial elements in an area not so zoned; (b) Proposed schedule of development phasing; (c) Statement as to the impact of the proposed PUD upon the County school system; (d) Statement of estimated demands for County services; (e) Statement of projected County tax revenue based upon the previous year's County tax levy and a schedule of projected receipts of that revenue; (f) Conceptual site plans,and conceptual architectural plans; (g) Proposed method of fire protection. Including information demonstrating a legal, adequate water supply for fire fighting purposes; (am. 03/28/06) (h) Employee housing plan. b. Review of Applications. The submission of an application for Sketch Plan for PUD, determination of its sufficiency,staff review of,and notice and scheduling of a public hearing for the application shall comply with the procedures established in Section 5- 210.D,Common Procedure for Review of Applications. c. Recommendation by Planning Commission. The Planning Commission shall conduct a public hearing on an application for a Sketch Plan for PUD. At the public hearing,the Planning Commission shall consider the application,the relevant support materials,the Staff Report, and the public information given at the public hearing. The Planning Commission may confer with the applicant on changes deemed advisable and the kind and extent of such changes,and request Planning Department input. After the close of the public hearing, the Planning Commission shall recommend approval,approval with conditions,or disapproval of the Sketch Plan for LAND USE REGULATIONS 5-34 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-240.PLANNED UNIT DEVELOPMENT(PUD)DISTRICT PUD,considering whether conceptually it is consistent with the applicable standards in Section 5-240.F.3.e, Standards. (am.05/08/12) d. Action by Board of County Commissioners. After receipt of the recommendation from the Planning Commission,the Board of County Commissioners shall conduct a public hearing on an application for a Sketch Plan for PUD. At the public hearing, the Board of County Commissioners shall consider the application, the relevant support materials,the Staff Report,the Planning Commission recommendation,and the public information given at the public hearing. The Board of County Commissioners may confer with the applicant on changes deemed advisable and the kind and extent of such changes,and request Planning Department input. After the close of the public hearing,the Board,by a majority vote of the quorum present,shall approve, approve with conditions or disapprove the application for Sketch Plan for PUD,considering whether conceptually it is consistent with the applicable standards in Section 5-240.F.3.e,Standards. Action approving a Sketch Plan for PUD shall be by Resolution,adoption of which shall constitute final action of the Board of County Commissioners on the application. Finalization of the Resolution must occur within 90 days of the Board of County Commissioner's vote to approve, approve with conditions or disapprove the Sketch Plan for PUD application. (am.05/08/12) e. Effect of Approval of Sketch Plan for PUD. (1) Limitation of Approval. Approval of a Sketch Plan for PUD shall be deemed to authorize the applicant to submit to the County an application for a Preliminary Plan for PUD. It shall not constitute final approval for the PUD. Sketch Plan for PUD approval vests no development rights. (am.05/08/12) (2) Preliminary Plan Conformance with Sketch Plan. Where such Preliminary Plan departs from a condition of the Sketch Plan approval,the Applicant shall identify any and all such inconsistencies and shall set forth its justification for them. (orig. 05/08/12) (3) Length of Approval. A Sketch Plans for PUD is valid for two (2)years from the date of its issuance.(am.05/08/12) (4) Expiration of Approval. The Resolution for approval of a Sketch Plan for PUD by the Board of County Commissioners shall be null and void unless an application for a Preliminary Plan for PUD is submitted and deemed sufficient by the Planning Director within two (2) years after the date of approval of the Sketch Plan for PUD. (am.05/08/12) (5) Extension of Sketch Plan Approval. Approval of a Sketch Plan for PUD shall be voided and extinguished unless the applicant can demonstrate by competent substantial evidence that failure to proceed with the development of the application was: a. Beyond the applicant's control; b. The development complies with these Land Use Regulations and the Comprehensive Plan;and LAND USE REGULATIONS 5-35 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5 ADMINISTRATION 5-240,PLANNED UNIT DEVELOPMENT(POD)DISTRICT c. There is a reasonable likelihood the next step in the development application will be submitted in the next two(2)years. No request for extension shall be considered unless a written application requesting the extension is submitted to the Planning Director no later than thirty (30) calendar days prior to the date the Sketch Plan for PUD is to expire. The permit shall be deemed extended until the Board of County Commissioners has acted upon the request for extension. (am.11/08/05) (am.05/08i 12) 3. Preliminary Plan for PUD. a. Application Contents. An application for a Preliminary Plan for PUD shall contain the materials specified in Section 5-210.D.2.,Minimum Contents of Application,and the following information; any items may be waived by the Planning Director or assigns with justification: (1) Overall development plan. (2) Application for zone amendment. (3) PUD guide setting forth the proposed land use restrictions and standards of development. (4) Wildlife Analysis pursuant to Section 4-410. (5) Geologic Hazards Analysis pursuant to Section 4-420. (6) Ridgeline Visual Analysis pursuant to Section 4-450. (7) Detailed Landscape Plan pursuant to Section 4-220. (8) Environmental Impact Report pursuant to Section 4-460. (9) Vegetation Management Plan pursuant to Section 4-430. (orig. 12/17/02) (10) Detailed Drainage and Grading Plan pursuant to Section 4-650 and 4-660 (11) Traffic Impact Study pursuant to Section 4-620 (12) Any other information required with Sketch Plan approval and the following application materials: (am. 03/28/06) a. Preliminary Utility Plan, pursuant to Section 4-430,4-670,4-680 and 4-690. Plans shall be prepared at the same scale as the Preliminary Plan including: (orig. 03/28/06) (i) Water Supply-If a central water supply and distribution system is to be provided, the details of the system shall be provided demonstrating that: (orig. 03/28/06) LAND USE REGULATIONS 5-36 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-240.PLANNED UNIT DEVELOPMENT(PUD)DISTRICT aa. Source-Adequate evidence prepared by a Registered Professional Engineer verifying that the quality and quantity of the water supply is sufficient to supply the subdivision proposed. Physical evidence may be required including but not limited to: aquifer pump testing in addition to appropriate geotechnical studies or investigations (orig. 03/28/06) i. Evidence of ownership,right of acquisition or use of existing and proposed water rights. (orig.03/28/06) ii. Final,water court-approved augmentation plan. (orig. 03/28/06) iii. Evidence confirming the potability of the proposed water supply for the subdivision. (orig. 03/28/06) iv. Evidence from the local fire jurisdiction confirming that the proposed water supply for fire fighting purposes is sufficient. (orig. 03/28/06) bb. The nature of the legal entity which will own and operate the water system shall be provided as well as the proposed method of financing. (orig. 03/28/06) cc. If connection to an existing system is proposed, the following information shall be provided: (orig. 03/28/06) i. The nature of the public or private legal entity which will supply water to the proposed subdivision; (orig. 03/28/06) ii. Agreement with the above entity to service the proposed subdivision; (orig. 03/28/06) iii. Information on the water supplier's present service requirements, future commitments and present water supply capabilities,including but not limited to: (orig. 03/28/06) LAND USE REGULATIONS 5-37 EAGLE COUNTY,COLORADO Article 5 ARTICLES: ADMINISTRATION 5-240.PLANNED UNIT DEVELOPMENT(PUD)DISTRICT (aa) A summary of water rights owned and controlled by the entity(orig. 03/28/06) (bb) The anticipated yield of the rights in an average and a dry year(orig. 03/28/06) (cc) The present demand and anticipated demand for current commitments not yet being supplied (orig. 03/28/06) (dd) The uncommitted firm supply (orig. 03/28/06) (ee) A map of the entity's service area(orig. 03/28/06) dd. If individual well water systems are proposed,a report must be prepared by a Professional Engineer or Geologist indicating the availability of groundwater,which includes the depth to the groundwater supply throughout The report must address the water quality,rates of delivery and long-term yield of such wells. The cumulative effect upon existing water rights due to the use of individual domestic wells shall be considered in the report.(orig. 03/28/06) (ii) Sanitary Sewage Disposal-If public collection and treatment systems or the use of On-Site Wastewater Treatment Systems(OWTS)are to be provided,the details of the collections system,treatment facilities and individual components shall be provided including:(orig. 03/28/06) (amd. 07/29/14) aa. Public Treatment-Agreement to serve from a public sewage treatment provider and evidence to support that the provider possesses adequate sewage treatment capability and capacity to serve the proposed subdivision;(orig. 03/28/06) bb. The nature of the legal entity which will own and operate the sewer system shall be described,as • well as the proposed method of financing; (orig. 03/28/06) cc. If sanitary sewage disposal will be accomplished by On-Site Wastewater Treatment Systems (OWTS),a suitability analysis as determined by the Environmental Health Department must be performed. Such analyses may include but is not LAND USE REGULATIONS 5-38 EAGLE COUNTY,COLORADO Artrcle 5 ARTICLE 5: ADMINISTRATION 5-240.PLANNED UNIT DEVELOPMENT(PUD)DISTRICT limited to, soil profile observations to identify soil classifications and horizons;adequate separation to bedrock or ground water; soil percolation tests,etc. Location(s)of soil analyses shall be indicated on the plan and must be performed by a Professional Engineer, Geologist or person qualified to do this work. (orig. 03/28/06) (amd. 07/29/14) (b) Public Water and/or Wastewater System (orig. 03/28/06) (i) If is has been determined that the proposed water and/or wastewater system is a public system, the required application for a 1041 permit (pursuant to Chapter 6: Matters of State Interest),and evidence that the associated application(s)administered by the Colorado Department of Public Health and Environment have been made, shall be submitted concurrently with the Preliminary Plan application. (orig. 03/28/06) b. Review of Applications. The submission of an application for Preliminary Plan for PUD,determination of its sufficiency,staff review of,and notice and scheduling of a public hearing for the application shall comply with the procedures established in Section 5-210.D, Common Procedure for Review of Applications. c. Recommendation by Planning Commission. The Planning Commission shall conduct a public hearing on an application for a Preliminary Plan for PUD. At the public hearing,the Planning Commission shall consider the application,the relevant support materials, the Staff Report, and the public information given at the public hearing. The Planning Commission may confer with the applicant on changes deemed advisable and the kind and extent of such changes, and request Planning Department input. After the close of the public hearing,the Planning Commission shall recommend approval, approval with conditions, or disapproval of the Preliminary Plan for PUD based upon whether it conforms to the approval given to the Sketch Plan for PUD and whether it complies with the standards in Section 5- 240.F.3.e, Standards.(am.05/08/12) d. Action by Board of County Commissioners. After receipt of the recommendation from the Planning Commission,the Board of County Commissioners shall conduct a public hearing on an application for a Preliminary Plan for PUD. At the public hearing, the Board of County Commissioners shall consider the application, the relevant support materials, the Staff Report, the Planning Commission recommendation,and the public information given at the public hearing. The Board of County Commissioners may confer with the applicant on changes deemed advisable and the kind and extent of such changes,and request Planning Department input. After the close of the public hearing,the Board of County Commissioners by a majority vote of the quorum present,shall either approve,approve with conditions or disapprove the application for Preliminary Plan for PUD based upon whether it conforms to the approval given to the Sketch Plan for PUD and whether it complies with the standards in Section 5-240.F.3.e, Standards. Action approving,approving LAND USE REGULATIONS 5-39 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-240.PLANNED UNIT DEVELOPMENT(PUD)DISTRICT with conditions,or disapproving a Preliminary Plan for PUD shall require adoption by Resolution,which Resolution shall constitute final action on the application by the Board of County Commissioners. Finalization of the Resolution must occur within 90 days of the Board of County Commissioner's vote to approve, approve with conditions or disapprove the Preliminary Plan for PUD application.(am.05/08/12) e. Standards. The Sketch Plan and Preliminary Plan for PUD shall comply with the following standards: (1) Unified ownership or control. The title to all land that is part of a PUD shall be owned or controlled by one (1) person. A person shall be considered to control all lands in the PUD either through ownership or by written consent of all owners of the land that they will be subject to the conditions and standards of the PUD. For the purposes of amending a PUD, written consent by the governing Home Owner's Association or Property Owner's Association shall satisfy this standard. The Home Owner's Association, or Property Owner's Association, with a majority vote of its constituents, may also apply for a PUD amendment on behalf of all individual property owners of the land subject to the conditions and standards of the PUD to be amended.(am.05/08/12) (2) Uses. The uses that may be developed in the PUD shall be those uses that are designated as uses that are allowed,allowed as a special use or allowed as a limited use in Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule",or Table 3-320, "Commercial and Industrial Zone Districts Use Schedule",for the zone district designation in effect for the property at the time of the application for PUD. Variations of these use designations may only be authorized pursuant to Section 5-240 F.3.f., Variations Authorized. (3) Dimensional Limitations. The dimensional limitations that shall apply to the PUD shall be those specified in Table 3-340,"Schedule of Dimensional Limitations",for the zone district designation in effect for the property at the time of the application for PUD. Variations of these dimensional limitations may only be authorized pursuant to Section 5-240 F.3.f., Variations Authorized, provided variations shall leave adequate distance between buildings for necessary access and fire protection, and ensure proper ventilation, light, air and snowmelt between buildings. (4) Off-Street Parking and Loading. Off-street parking and loading provided in the PUD shall comply with the standards of Article 4, Division 1, Off- Street ffStreet Parking and Loading Standards. A reduction in these standards may be authorized where the applicant demonstrates that: (a) Shared Parking. Because of shared parking arrangements among uses within the PUD that do not require peak parking for those uses to occur at the same time,the parking needs of residents,guests and employees of the project will be met;or LAND USE REGULATIONS 5-40 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-240.PLANNED UNIT DEVELOPMENT(PUD)DISTRICT (b) Actual Needs. The actual needs of the project's residents, guests and employees will be less than those set by Article 4,Division 1, Off-Street Parking and Loading Standards. The applicant may commit to provide specialized transportation services for these persons(such as vans,subsidized bus passes,or similar services)as a means of complying with this standard. (5) Landscaping. Landscaping provided in the PUD shall comply with the standards of Article 4,Division 2,Landscaping and Illumination Standards. Variations from these standards may be authorized where the applicant demonstrates that the proposed landscaping provides sufficient buffering of uses from each other (both within the PUD and between the PUD and surrounding uses) to minimize noise, glare and other adverse impacts, creates attractive streetscapes and parking areas and is consistent with the character of the area. (6) Signs. The sign standards applicable to the PUD shall be as specified in Article 4,Division 3,Sign Regulations,unless,as provided in Section 4-340 D., Signs Allowed in a Planned Unit Development (PUD), the applicant submits a comprehensive sign plan for the PUD that is determined to be suitable for the PUD and provides the minimum sign area necessary to direct users to and within the PUD. (7) Adequate Facilities. The applicant shall demonstrate that the development proposed in the Preliminary Plan for PUD will be provided adequate facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply,fire protection and roads and will be conveniently located in relation to schools, police and fire protection, and emergency medical services. (8) Improvements. The improvements standards applicable to the development shall be as specified in Article 4; Division 6, Improvements Standards. Provided, however, the development may deviate from the County's road standards, so the development achieves greater efficiency of infrastructure design and installation through clustered or compact forms of development or achieves greater sensitivity to environmental impacts,when the following minimum design principles are followed: (a) Safe, Efficient Access. The circulation system is designed to provide safe, convenient access to all areas of the proposed development using the minimum practical roadway length. Access shall be by a public right-of-way, private vehicular or pedestrian way or a commonly owned easement. No roadway alignment,either horizontal or vertical,shall be allowed that compromises one(1)or more of the minimum design standards of the American Association of State Highway Officials (AASHTO) for that functional classification of roadway. LAND USE REGULATIONS 5-41 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-240.PLANNED UNIT DEVELOPMENT(PUD)DISTRICT (b) Internal Pathways. Internal pathways shall be provided to form a logical,safe and convenient system for pedestrian access to dwelling units and common areas,with appropriate linkages off-site. (c) Emergency Vehicles. Roadways shall be designed to permit access by emergency vehicles to all lots or units. An access easement shall be granted for emergency vehicles and utility vehicles, as applicable, to use private roadways in the development for the purpose of providing emergency services and for installation, maintenance and repair of utilities. (d) Principal Access Points. Principal vehicular access points shall be designed to provide for smooth traffic flow,minimizing hazards to vehicular,pedestrian or bicycle traffic. Where a PUD abuts a major collector, arterial road or highway, direct access to such road or highway from individual lots, units or buildings shall not be permitted. Minor roads within the PUD shall not be directly connected with roads outside of the PUD, unless the County determines such connections are necessary to maintain the County's road network. (e) Snow Storage. Adequate areas shall be provided to store snow removed from the internal street network and from off-street parking areas. (9) Compatibility with Surrounding Land Uses.The PUD shall be generally compatible with the existing and currently permissible future uses of adjacent land and other lands, services or infrastructure improvements that may be substantially impacted.(am.05/08/12) (10) Conformance with Comprehensive Plan.The PUD shall be in substantial conformance with the Eagle County Comprehensive Plan,Area Community Plans,and any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing or infrastructure management. Om.11/08/05)(am.05/08/12) (11) Phasing. The Preliminary Plan for PUD shall include a phasing plan for the development. If development of the PUD is proposed to occur in phases, then guarantees shall be provided for public improvements and amenities that are necessary or desirable for residents of the project, or that are of benefit to the entire County. Such public improvements shall be constructed with the first phase of the project as determined by the Board of County Commissioners in the Resolution of approval.(am.05/08/12) (12) Common Recreation and Open Space. The PUD shall comply with the following common recreation and open space standards. (a) Minimum Area: It is recommended that a minimum of 25%of the total PUD area shall be devoted to open air recreation or other LAND USE REGULATIONS 5-42 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-240.PLANNED UNIT DEVELOPMENT(PUD)DISTRICT usable open space, public or quasi-public. In addition, the PUD shall provide a minimum of ten (10) acres of common recreation and usable open space lands for every one thousand(1,000)persons who are residents of the PUD. In order to calculate the number of residents of the PUD,the number of proposed dwelling units shall be multiplied by two and sixty-three hundredths(2.63),which is the average number of persons that occupy each dwelling unit in Eagle County, as determined in the Eagle County Comprehensive Plan. (1) Areas that Do Not Count as Open Space. Parking and loading areas, street right-of-ways, and areas with slopes greater than thirty (30) percent shall not count toward usable open space. (ii) Areas that Count as Open Space. Water bodies, lands within critical wildlife habitat areas,riparian areas,and one hundred (100) year floodplains, as defined in these Land Use Regulations, that are preserved as open space shall count towards this minimum standard,even when they are not usable by or accessible to the residents of the PUD. All other open space lands shall be conveniently accessible from all occupied structures within the PUD. (b) Improvements Required.All common open space and recreational facilities shall be shown on the Preliminary Plan for PUD and shall be constructed and fully improved according to the development schedule established for each development phase of the PUD. (c) Continuing Use and Maintenance. All privately owned common open space shall continue to conform to its intended use, as specified on the Preliminary Plan for PUD. To ensure that all the common open space identified in the PUD will be used as common open space, restrictions and/or covenants shall be placed in each deed to ensure their maintenance and to prohibit the division of any common open space. (d) Organization. If common open space is proposed to be maintained through an association or nonprofit corporation,such organization shall manage all common open space and recreational and cultural facilities, and shall provide for access and responsibility for the maintenance, administration and operation of such land and any other land within the PUD not publicly owned,and secure adequate liability insurance on the land. The association or nonprofit corporation shall be established prior to the sale of any lots or units within the PUD. (am.05/08/12) (13) Natural Resource Protection. The PUD shall consider the recommendations made by the applicable analysis documents,as well as the recommendations of referral agencies as specified in Article 4,Division 4, Natural Resource Protection Standards. LAND USE REGULATIONS 5-43 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-240.PLANNED UNIT DEVELOPMENT(PUD)DISTRICT f. Variations Authorized. The Board of County Commissioners shall be authorized to grant the following variations as part of its approval of the Preliminary Plan for PUD. Each variation that is granted shall be shown in the PUD Guide and Preliminary Plan.(am.05/08/12) (1) Uses. The uses that are allowed, allowed as limited uses, or allowed as special uses,may be varied. (2) Dimensional Limitations. The minimum lot area, minimum lot area per use, maximum lot coverage,maximum floor area, minimum yard setbacks and maximum height may be varied. (3) Basis for Granting Variations.These variations may be granted when the Board of County Commissioners finds that the Preliminary Plan for PUD achieves one(1)or more of the following purposes and that the granting of the variation is necessary for that purpose to be achieved. The standards used in the designation of the land use categories on the Future Land Use Map,found in the Eagle County Comprehensive Plan,"Criteria Used in the Land Designation Process",shall also be considered when determining the maximum density and allowed uses of the PUD. (am.11/08/05) (a) Obtain Desired Design Qualities. A variation may be allowed that permits the integration of mixed uses or allows for greater variety in the type, design and layout of buildings. Structures shall be designed to be compatible, in terms of height, mass, scale, orientation and configuration, with other units in the PUD and the surrounding area,yet shall avoid uniformity of design. Residential and non-residential uses may be mixed together. Various types of residential uses may also be combined within the PUD,to promote more efficient land use patterns and increased open space. The Board of County Commissioners may require minimum yard setbacks, lot widths, and space between buildings of such dimensions as they are determined to be necessary to provide adequate access and fire protection; to ensure proper ventilation, light, air, and snowmelt between buildings; and to minimize the effects of transmission of noise between units and between buildings. As a general guide,twenty(20)feet between buildings shall be considered the minimum appropriate spacing. (b) Avoid Environmental Resources and Natural Hazards. A variation may be allowed that provides necessary site planning flexibility to enable the development to avoid valued environmental resource and natural hazard lands, as these have been identified in Section 3-310.B.1.,Purpose. This shall be accomplished in such a way as to maintain these lands as large, contiguous areas. Such lands shall not be fragmented into small, unconnected areas by development, unless the applicant demonstrates that this arrangement is necessary to maintain the underlying density on the property, and the lands providing environmental resource values LAND USE REGULATIONS 5-44 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-240.PLANNED UNIT DEVELOPMENT(PUD)DISTRICT have been protected and lands subject to natural hazards have been avoided. Where applicable,connections of such lands on the site to such lands on adjacent properties shall be accomplished. (c) Water Augmentation. A variation may be allowed that creates incentives for applicants to commit to a water augmentation plan for their development that brings "wet" water into the Upper Eagle River Basin. (d) Trails. A variation may be allowed that provides incentives for applicants to make contributions to the County's multi-use trail system, in accordance with the recommendations of the latest version of the Eagle County Trails Plan,or to provide appropriate forms of access (including summer and winter parking areas and trailheads)to public lands and to river and creek drainages in Eagle County. Proposed access shall be consistent with public land management objectives and resource protection needs for the areas to be accessed. Trails standards are identified in Section 4-630.A. (e) Affordable Housing. A variation may be allowed that extends an incentive to applicants to assure that long term affordable housing is provided. (f) Public Facilities. A variation may be allowed that provides incentives for applicants to develop public facilities,including but not limited to public transportation facilities, public recreation facilities and similar facilities. The facilities may be located on or off of the PUD site,and shall be facilities that meet the demands not only of project residents,but also of other residents of and visitors to Eagle County. g. Conditions. The Planning Director and the Planning Commission shall have the authority to recommend and the Board of County Commissioners shall have the authority to impose such conditions on a PUD that are necessary to accomplish the purposes of this Section, this Article, these Land Use Regulations, and the Comprehensive Plan. (am 11/08/05) h. Planned Unit Development(PUD)Agreement. (1) General. Concurrent with the approval of a Preliminary Plan for PUD,the applicant and the Board of County Commissioners shall agree to a Planned Unit Development(PUD)Guide binding the PUD to any conditions placed in the Resolution and such supplemental agreements relating to the PUD as may be appropriate and necessary.(am.05/08/12) (2) Common Park and Recreation Areas. The PUD Guide shall include a Common Open Space,Park,and Recreation Area Plan. It shall outline the area of common open space,parks,trails and recreation lands, and specify any agreement on the part of the developer to improve and preserve the open LAND USE REGULATIONS 5-45 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-240.PLANNED UNIT DEVELOPMENT(PUD)DISTRICT space,parks,trails and recreation lands and how this will be implemented by deeding the land to the appropriate entity. It shall also identify any deed or other restrictions against future residential, commercial, or industrial development. It shall also include the terms by which any common areas shall be maintained.(am.05/08/12) (3) Landscape Guarantee. The Planned Unit Development(PUD)Agreement shall set down how the landscaping proposed for the PUD will comply with Section 4-240,Installation and Maintenance Requirements. Landscaping for a phased PUD may be designed by phase, with installation occurring concurrent with development of each phase. The PUD Agreement shall include the landscaping for the entire PUD and for each phase of the PUD. (a) Form of Guarantee. The County may require the developer to provide a guarantee for no less than one hundred and twenty-five (125) percent of the current estimated cost of the landscaping improvements,and the landscape plan as estimated by the Planning Director,to ensure the installation of all landscaping shown and to ensure the continued maintenance and replacement of that landscaping for a period of two (2) years after installation. The guarantee shall be in a form acceptable to the County Attorney. At the developer's option,the guarantee may be provided for the entire PUD or for each phase. The guarantee shall be provided prior to initiation of any land clearing or infrastructure development for the phase or the PUD, whichever is applicable. (b) Release. As portions of the landscape improvements are completed, the Planning Director shall inspect them, and upon approval and acceptance,shall authorize the release of the agreed estimated cost for that portion of the improvements, except that ten(10) percent shall be withheld until all proposed improvements are completed and approved, and an additional twenty-five (25) percent shall be retained until the improvements have been maintained in a satisfactory condition for two(2)years. (4) Public Improvement Guarantee. In order to ensure installation of necessary public improvements planned to accommodate the development, the Planned Unit Development(PUD)Agreement shall provide a guarantee for no less than one hundred(100)percent of the current estimated cost of such public facility improvements, as estimated by the applicant and approved by the County Engineer. The guarantee shall be in a form approved by the County Attorney. As portions of the public facilities improvements are completed,the County Engineer shall inspect them,and upon approval and acceptance,shall authorize the release of the agreed cost for that portion of the improvements except that ten (10) percent shall be withheld until all proposed improvements are completed and approved by the County Engineer. (5) Notice of Planned Unit Development Designation. Subsequent to approval of a Resolution approving a Preliminary Plan for PUD which shall LAND USE REGULATIONS 5-46 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-240.PLANNED UNIT DEVELOPMENT(PUD)DISTRICT constitute a Planned Unit Development(PUD)zone district designation,the Planning Director shall file with the Clerk and Recorder Eagle County the following notice: (am 9/27/99) Notice of Planned Unit Development(PUD)Zone District Designation PLEASE TAKE NOTE that on the day of , 20_, the Board of County Commissioners of Eagle County, Colorado, approved development on the following described tract as a Planned Unit Development(PUD)pursuant to the provisions of Section of the County Zoning Resolution. No development shall occur on the tract except in accordance with the approved Preliminary Plan for PUD, PUD Guide and any applicable associated agreement, and under any conditions that may be imposed thereby. The above referred to land is located within unincorporated Eagle County and is more fully described as follows: (am.05/08/12) (Insert legal description) A copy of the Preliminary Plan for PUD and PUD Guide is of record in the office of the Eagle County Planning Director. STATE OF COLORADO ) )ss: EAGLE COUNTY ) The foregoing instrument was acknowledged before me this day of ,20_,by ,Clerk. Witness my hand and official seal. Notary Public My commission expires: Placement on Official Zone District Map. After approval of a Preliminary Plan for PUD, the Planning Director shall amend the Official Zone District Map to show a PUD zone district designation. j. Recording. The Preliminary Plan for PUD, PUD Guide and any applicable associated agreement shall be recorded in the office of the Eagle County Clerk and LAND USE REGULATIONS 5-47 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-240.PLANNED UNIT DEVELOPMENT(PUD)DISTRICT Recorder, and shall be binding upon the landowners subject to the Resolution and Preliminary Plan for PUD, their successors and assigns, and shall constitute the development regulations for the land. Development of the land shall be limited to the uses, density, configuration, and all other elements and conditions set forth on the Preliminary Plan for PUD, PUD Guide and Planned Unit Development (PUD) Agreement. Failure of the applicant to record the Resolution,Preliminary Plan for PUD, PUD Guide and PUD Agreement within one hundred and eighty (180) calendar days of its approval shall render the Resolution,Preliminary Plan for PUD, PUD Guide and PUD Agreement invalid and the property shall return to its prior zoning designation. (am 3/12/02)(am.05/08/12) k. Effect of approval of a Preliminary Plan for PUD. (1) Effect. Issuance of a Preliminary Plan for PUD shall constitute an amendment to the Official Zone District Map. It shall also authorize the applicant to submit an application for a Final Plat for Subdivision. (2) Length of Approval.All single-phase Preliminary Plans for PUD are valid for five(5)years from the date of their issuance.All multi-phase Preliminary Plans for PUD are valid for ten(10)years from their date of issuance,though development of at least the first phase must have been completed within five (5)years after the date of approval of the Preliminary Plan for PUD. The Board of County Commissioners has the option to extend these time periods. Permitted time frames do not change with successive owners. (3) Extention of Preliminary Plan Approval. Approval of a Preliminary Plan for PUD shall be voided and extinguished unless the applicant can demonstrate by competent substantial evidence that failure to proceed with the development of the application was: a. Beyond the applicant's control; b. The development complies with the Land Use Regulations and the Comprehensive Plan;and c. There is a reasonable likelihood the next step in the development application will be submitted in the next two(2)years. No request for extension shall be considered unless a written application requesting the extension is submitted to the Planning Director no later than thirty(30)calendar days prior to the date the Preliminary Plan for PUD is to expire. The permit shall be deemed extended until the Board of County Commissioners has acted upon the request for extension. (am.11/08/05) (am.05/08/12) (4) Extinguishment Hearing. If a Preliminary Plan for PUD is not extended before it is to expire, or if a condition of Preliminary Plan for PUD is not fulfilled,then pursuant to Section 5-240.F.3.k(3), Extension,the Board of County Commissioners shall initiate a hearing pursuant to Subsection 5- 210.H., Extinguishment of Approvals,to determine whether to extinguish the Preliminary Plan for PUD. (am.05/08/12) LAND USE REGULATIONS 5-48 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-240.PLANNED UNIT DEVELOPMENT(PUD)DISTRICT (5) Preliminary Plan for PUD Extinguishment. When a Preliminary Plan for PUD is extinguished, the Board shall concurrently initiate and amend the Official Zone District Map to the zone district classification of the land that was in effect prior to the time that the Preliminary Plan for PUD was originally approved. The Board of County Commissioners shall consider the requirements of Section 24-67-106.1 Colorado Revised Statutes prior to ordering any PUD Plan extinguished and shall make any finding required by law prior to extinguishing the PUD Plan. Should the Board find that extinguishment of the plan is contrary to law,plan shall not be extinguished. (am.05/08/12) 1. Minor Deviations. Minor deviations from a Preliminary Plan for PUD shall be approved by the Planning Director. Minor deviations that are authorized are those that appear necessary in light of technical or engineering considerations first discovered during actual development and that are not reasonably anticipated during the initial approval process,as long as they comply with these Land Use Regulations. Minor deviations shall not include reductions in the amount of required open space, or required wildlife habitat protection, or increases in the building square footage. All changes not qualifying as minor deviations shall be considered amendments and shall comply with Section 5-240.F.3.m.,Amendment to Preliminary Plan for PUD. m. Amendment to Preliminary Plan for PUD. No substantial modification,removal, or release of the provisions of the plan shall be permitted except upon a finding by the County, following a public hearing called and held in accordance with the provisions of section 24-67-104(1)(e)Colorado Revised Statutes that; (am 3/12/02) (1) Modification. The modification,removal,or release is consistent with the efficient development and preservation of the entire Planned Unit Development; (am 3/12/02) (2) Adjacent Properties. The PUD Amendment does not affect, in a substantially adverse manner,either the enjoyment of land abutting upon or across a street from the Planned Unit Development or the public interest; (am 3/12/02) (3) Benefit. The PUD Amendment is not granted solely to confer a special benefit upon any person. (am 3/12/02) (4) Amendment. Amendment of a Preliminary Plan for PUD shall not have the effect of extending the vesting period absent a specific finding and declaration to that effect.(am.05/08/12) In addition to the above requirements a Preliminary Plan for PUD may be amended, extended,varied or altered only pursuant to the standards and procedures established for its original approval. (5) Standards. PUD Amendments shall address the standards Pursuant to Section 5-240.F.3.e. Applicant shall also provide a copy of the PUD Guide clearly demonstrating what amendments are to be made. (am 3/12/02) LAND USE REGULATIONS 5-49 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-240.PLANNED UNIT DEVELOPMENT(PUD)DISTRICT (6) Notification. The applicant shall provide pre-addressed,stamped envelopes for every property owner in the PUD, as well as for all adjacent property owners. The applicant shall also comply with Section 5-210.E. (am 3/12/02) G. Enforcement of PUD. 1. General. The provisions of a Resolution approving a Planned Unit Development (PUD) District designation,a Preliminary Plan for PUD,PUD Guide and PUD Agreement,relating to the use of land and the location of common open space shall run in favor of the County, and shall be enforceable at law or in equity by the County,without limitation on any power or regulation otherwise granted by law. a. Residents. All provisions of the Resolution approving a PUD District designation, Preliminary Plan for PUD,PUD Guide and PUD Agreement shall also run in favor of the residents, occupants, and owners of the PUD, but only to the extent expressly provided in the Resolution and in accordance with the terms of the Preliminary Plan for PUD. To that extent, said provisions, whether recorded by plat, covenant, easement or otherwise,may be enforced at law or in equity by residents,occupants, or owners acting individually,jointly, or through an organization designated in the Resolution to act on their behalf. However,no provision of the Resolution shall be implied to exist in favor of residents,occupants,and owners except those provisions of the Resolution which have been finally approved by the Board of County Commissioners. b. Release by County. All those provisions of the Resolution approving a PUD District designation or a Preliminary Plan for a PUD authorized to be enforced by the County, may be modified, removed or released by the County subject to the following: (1) Enforcement. No modification,removal or release of the provisions shall affect the rights of the residents,occupants,and owners of the Planned Unit Development (PUD) to maintain and enforce these provisions at law or equity as provided in Section 5-240.G.2.,Residents. c. Procedure.No substantial modification,removal or release of the provisions of the Resolution by the County shall be permitted except pursuant to Section 5-240.F.m., Amendment to Preliminary Plan for PUD. 2. Release by residents. Residents and owners of the PUD may, to the extent and in the manner expressly authorized by the provisions of the Resolution,modify,remove or release their rights to enforce the provisions of the Resolution,but no such action shall affect the right of the County to enforce the Resolution. 3. Enforcement of Open Space and Common Area Conditions. In the event the organization established to own and maintain common open spaces,recreation areas,communally-owned facilities and private streets, or any successor organization shall at any time fail to maintain the common facilities in reasonable order and condition in accordance with the approved LAND USE REGULATIONS 5-50 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-240.PLANNED UNIT DEVELOPMENT(PUD)DISTRICT Common Open Space and Recreation Areas Plan in the Preliminary Plan for PUD, the Planning Director may cause written notice to be served upon such organization or upon the owners of land in the development setting forth the manner in which the common facilities have failed to be maintained in reasonable conditions,which notice shall include the demand that the deficiencies noted be cured within thirty(30)calendar days. The notice shall state the date and place of hearing to be held within fourteen(14)calendar days of notice. a. Remedies Authorized.At the time of hearing,the Planning Director may modify the terms of the original notice as to deficiencies and may extend the time within which the same may be cured. If the deficiencies set forth in the original notice or modifications are not cured within the time set, the Planning Director, in order to preserve the taxable values of properties within the development and to prevent the common facilities from becoming a public nuisance,may enter upon such common facilities and maintain the same for a period of one (1) year. Any failure of the Planning Director to act for any period of time shall not bar his action. Such entry and maintenance shall not vest in the public any right to use the common facilities not dedicated to public use. b. Show Cause Hearing. Before expiration of the one (1)year period,the Planning Director shall take the initiative,or shall upon the written request of the organization responsible for maintenance,call a public hearing and give notice of such hearing to the organization responsible for maintenance or the property owners of the Planned Unit Development (PUD). At such hearing, the organization responsible for maintenance and/or the residents of the development may show cause why maintenance by the County should not be continued for the succeeding year. c. Continuing Maintenance. If the Board of County Commissioners determines that it is not necessary for the County to continue such maintenance,the County shall cease such maintenance at the time established by the Board of County Commissioners. Otherwise, the County shall continue maintenance for the next succeeding year, subject to a similar hearing and determination at the end of each year thereafter. The cost of County maintenance shall be paid by the owners of properties within the PUD that have a right of enjoyment of the common open space. The cost of County maintenance and any unpaid assessments shall become a tax lien against the common facilities of,and the private properties within,the PUD. d. Assessments.The County shall have the right to make assessments against properties in the development on the same basis that the organization responsible for maintenance of the facilities could make such assessments. Any unpaid assessment shall be a lien against the property responsible for the same,enforceable the same as a mortgage against such property. The County may further foreclose its lien on the common facility by certifying the same to the County Treasurer for collection as in the case of collection of general property taxes. H. Applicability of PUD 1) Other. Except as expressly provided otherwise in a particular Planned Unit Development Guide,all development of property shall conform to the Eagle County Land Use Regulations. LAND USE REGULATIONS 5-51 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-250.SPECIAL USES If the PUD falls silent concerning a particular standard,restriction,etc,but the Eagle County Land Use Regulations are not, the Eagle County Land Use Regulations shall be the controlling document. If the PUD conflicts with the Eagle County Land Use Regulations,the PUD shall control. (orig.3/12/02) (am.05/08/12) LAND USE REGULATIONS 5-52 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-260. VARIANCES SECTION 5-250. SPECIAL USES Special Uses are those uses that are not necessarily compatible with the other uses allowed in a zone district, but which may be determined compatible with the other uses allowed in the zone district based upon individual review of their location,design,configuration,density and intensity of use,and the imposition of appropriate conditions to ensure the compatibility of the use at a particular location with surrounding land uses. All Special Uses shall meet the standards set forth in this Section. A. Procedure. 1. Initiation. Applications for Special Use Permits may be submitted at any time to the Planning Director,by the owner or any other person having a recognizable interest in the land for which the Special Use is proposed, or their authorized agent. (am. 10/02/2007) a. Types of Special Use Permit: (1) Concept Evaluation Special Use Permit. The Concept Evaluation Special Use Permit application is intended to provide the applicant,the County and the public the opportunity to evaluate and discuss the basic concepts for development of the proposed Special Use Permit and to consider whether said Special Use can be executed in manner consistent and compatible with other uses allowed within the governing zone district. Approval of a Concept Evaluation Special Use Permit does not vest any rights in the applicant or property owner,rather; approval of a Concept Evaluation Special Use Permit provides an opportunity to identify issues and concerns the applicant must address if the project is to receive Final Special Use Permit approval from the County. (orig. 10/02/2007) (am.05/08/12) (2) Final Special Use Permit. The Final Special Use Permit review is for the applicant to respond to the issues and concerns identified during the Concept Evaluation Special Use Permit review and to formulate detailed, properly engineered solutions to those issues and concerns that conform to the approved Concept Evaluation Special Use Permit. The Final Special Use Permit process is when the applicant is to provide detailed information and mitigation proposals to be evaluated by the County. The Final Special Use Permit shall include specific standards applicable to the development of the proposed use, specifying the geographic and duration limitations of the property upon which the Special Use is located. (orig. 10/02/2007)(am.05/08/12) (3) Consolidated Concept Evaluation and Final Special Use Permit. Applicants may request,and the Planning Director may permit,the simultaneous submission and review of the Concept Evaluation and Final Special Use Permit applications for a parcel of land. Dependent upon the scope, scale and complexity of the proposed Special Use,the Planning LAND USE REGULATIONS 5-53 EAGLE COUNTY,COLORADO Arttele 5 ARTICLE 5: ADMINISTRATION 5-260. VARIANCES Director may allow the Special Use Permit application to be processed in one step. (orig. 10/02/2007) b. Application Contents. Concept Evaluation Special Use Permit applications,Final Special Use Permit applications and Consolidated Special Use Permit applications shall contain the materials specified in Section 5-210.D.2., Minimum Contents of Application,and the following materials: (am. 10/02/2007) (1) Site Plan. A detailed site plan of the property,drawn to scale,showing all existing natural and man-made features and the proposed development of the property. The site plan shall be accompanied by a landscape plan that conforms to the requirements of Section 4-220, Landscape Plan. (am. 10/02/2007) (2) Written Description. A written description of the proposal, in sufficient detail to describe the nature of the proposed use,how it will be operated,and how its impacts on surrounding properties will be minimized and mitigated. (am. 10/02/2007) (3) Other Materials. Such other materials as may be necessary to fully evaluate the compliance of the proposed special use with these Land Use Regulations and as required pursuant to Article 4, Site Development Standards. (am. 10/02/2007) 2. Review of applications. The submission of an application for either form of Special Use Permit,determination of its sufficiency,staff review of,and notice and scheduling of a public hearing for an application for a Special Use Permit shall comply with the procedures and standards established in Section 5-210.D, Common Procedure for Review of Applications. (am. 10/02/2007) 3. Recommendation of Planning Commission. After receipt of the Staff Report,the Planning Commission shall conduct a public hearing on an application for a Special Use Permit. At the public hearing,the Planning Commission shall consider the application,the relevant support materials,the Staff Report, and the public testimony given at the public hearing. After the close of the public hearing, the Planning Commission, by a majority vote of the quorum present,shall recommend to the Board of County Commissioners either to approve,approve with conditions,or disapprove the application for a Special Use Permit based on the standards in Section 5-250.B, Standards. (am.05/08/12) 4. Action by Board of County Commissioners.After receipt of the recommendation from the Planning Commission,the Board of County Commissioners shall conduct a public hearing on an application for a Special Use Permit. At the public hearing, the Board of County Commissioners shall consider the application,the relevant support materials,and the public testimony given at the public hearing. After the close of the public hearing, the Board of County Commissioners, by a majority vote of the quorum present, shall either approve, approve with conditions,or disapprove the application based on the standards in Section 5- 250.B, Standards. A Resolution of the Board of County Commissioners approving such action shall constitute final action by the County on the application. Finalization of the LAND USE REGULATIONS 5-54 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-260. VARIANCES Resolution must occur within 90 days of the Board of County Commissioner's vote to approve, approve with conditions or disapprove the Special Use Permit application. (am.05/08/12) B. Standards. The issuance of a Special Use Permit shall be dependent upon findings that there is competent evidence that the proposed use as conditioned,fully complies with all the standards of this Section,this Division,this Article,and these Land Use Regulations. The Planning Commission may recommend and the Board of County Commissioners may attach any conditions deemed appropriate to ensure compliance with the following standards, including conformity to a specific site plan, requirements to improve public facilities necessary to serve the Special Use, and limitations on the operating characteristics of the use, or the location or duration of the Special Use Permit.Where the application is for a Concept Evaluation Special Use Permit,the applicant must demonstrate that there is the substantial potential to satisfy the following standards;however, final project designs are not required. (am. 10/02/07) 1. Consistent with Comprehensive Plan. The proposed Special Use shall be in substantial conformance with the Eagle County Comprehensive Plan,Area Community Plans and any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing,or infrastructure management. (am 11/08/05)(am.05/08/12) 2. Compatibility. The Special Use is generally compatible with the existing and currently permissible future uses of adjacent land and other substantially impacted land, services, or infrastructure improvements. (am.05/08/12) 3. Zone District Standards. The proposed Special Use shall comply with the standards of the zone district in which it is located and any standards applicable to the particular use, as identified in Section 3-310, Review Standards Applicable to Particular Residential, Agricultural and Resource Uses and Section 3-330, Review Standards Applicable to Particular Commercial and Industrial Uses. 4. Design Minimizes Adverse Impact. The design of the proposed Special Use shall reasonably avoid adverse impacts,including visual impacts of the proposed use on adjacent lands including trash,traffic,service delivery,parking and loading,odors,noise,glare,and vibration, or otherwise create a nuisance.(am.05/08/12) 5. Design Minimizes Environmental Impact. The proposed Special Use shall minimize environmental impacts and shall not cause significant deterioration of water and air resources, wildlife habitat,scenic resources, and other natural resources. 6. Impact on Public Facilities. The proposed Special Use shall be adequately served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities,parks, schools,police and fire protection,and emergency medical services. 7. Site Development Standards. The proposed Special Use shall comply with the appropriate standards in Article 4, Site Development Standards. LAND USE REGULATIONS 5-55 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5. ADMINISTRATION 5-260. VARIANCES 8. Other Provisions.The proposed Special Use shall comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use,layout,and general development characteristics. C. Variations Authorized. The Board of County Commissioners shall be authorized to grant variations to the following dimensional limitations and site development standards as part of its approval of the Final Special Use Permit or Consolidated Concept Evaluation and Final Special Use Permit. Each variation that is granted shall be itemized and shown in the Special Use Permit application and attendant site plans. (am 05/08/12) 1 Minimum lot area; 2. Minimum lot area per use; 3. Maximum lot coverage; 4. Maximum floor area; 5. Maximum structure size(FAR and/or Lot Coverage); 6. Minimum yard setbacks; 7. Stream setbacks; 8. Maximum height; 9. Parking standards; 10. Landscape standards; 11. Road, driveway and access standards. D. Basis for Granting Variations. These variations may be granted when the Board of County Commissioners finds, with recommendation from the Planning Commission,that the Final Special Use Permit or Consolidated Concept Evaluation and Final Special Use Permit achieves one (1) or more of the following purposes and that the granting of the variation is necessary for that purpose to be achieved. (am 05/08/12) 1. Obtain Desired Design Qualities. A variation may be allowed that permits the integration of mixed uses or allows for greater variety in the type,design and layout of buildings. Structures shall be designed to be compatible, in terms of height, mass, scale, orientation and configuration,with other structures in the Final Special Use Permit or Consolidated Concept Evaluation and Final Special Use Permit and the surrounding area,yet shall avoid uniformity of design. Residential and non-residential uses may be mixed together. Various types of residential uses may also be combined within the Final Special Use Permit or Consolidated Concept Evaluation and Final Special Use Permit,to promote more efficient land use patterns and increased open space. The Board of County Commissioners may require minimum yard setbacks,lot widths,and space between buildings of such dimensions as they are determined to be necessary to provide adequate access and fire protection;to ensure proper ventilation, light, air, and snowmelt between buildings; and to minimize the effects of transmission of noise between units and between buildings. As a general guide,twenty(20)feet between buildings shall be considered the minimum appropriate spacing. 2. Avoid Environmental Resources and Natural Hazards. A variation may be allowed that provides necessary site planning flexibility to enable the development to avoid valued environmental resource and natural hazard lands. This shall be accomplished in such a way as to maintain these lands as large,contiguous areas. Such lands shall not be fragmented into small, unconnected areas by development, unless the applicant demonstrates that this LAND USE REGULATIONS 5-56 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-260. VARIANCES arrangement is necessary to maintain the underlying density on the property, and the lands providing environmental resource values have been protected and lands subject to natural hazards have been avoided. Where applicable,connections of such lands on the site to such lands on adjacent properties shall be accomplished. 3. Water Augmentation. A variation may be allowed that creates incentives for applicants to commit to a water augmentation plan for their development that brings"wet"water into the Upper Eagle River Basin. 4. Trails. A variation may be allowed that provides incentives for applicants to make contributions to the County's multi-use trail system,in accordance with the recommendations of the latest version of the Eagle County Trails Plan or Mid Valley Trails Plan,or to provide appropriate forms of access (including summer and winter parking areas and trailheads)to public lands and to river and creek drainages in Eagle County. Proposed access shall be consistent with public land management objectives and resource protection needs for the areas to be accessed. Trails standards are identified in Section 4-630.A. 5. Affordable Housing. A variation may be allowed that extends an incentive to applicants to assure that long term affordable housing is provided. 6. Public Facilities. A variation may be allowed that provides incentives for applicants to develop public facilities or private commercial facilities which will provide a public benefit, including but not limited to public transportation facilities, public recreation facilities, commercial structures and similar facilities. The facilities shall be facilities that meet the demands of residents and visitors to Eagle County. 7. Land Preservation. A variation may be allowed that extends an incentive to applicants to assure preservation in perpetuity of lands of high conservation value. E. Conditions and restrictions on a Special Use Permit. The Planning Commission may recommend and the Board of County Commissioners may, in approving any Special Use Permit, impose such restrictions and conditions on such approval,the proposed use,and the premises to be developed or used pursuant to such approval, as it determines are required by the general purposes, goals, objectives,and policies of the Comprehensive Plan,the FLUM of the Comprehensive Plan,and these Land Use Regulations, to prevent or minimize adverse effects from the proposed development on surrounding land uses and on the general health,safety,and welfare of the County. The County shall be authorized to set limits on the length of any Final or Consolidated Special Use Permit that it issues and to obtain assurances that the ongoing operation of the use will comply with all of the applicant's representations and all conditions of approval, including, but not limited to, requiring an annual compliance review. All conditions imposed in any Special Use Permit, with the exception of conditions made applicable to such approval by the express terms of these Land Use Regulations,shall be expressly set forth in the Special Use Permit. (am. 11/08/05) (am. 10/02/07) LAND USE REGULATIONS 5-57 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-260. VARIANCES F. Collateral. As a condition for granting either a Final or Consolidated Special Use Permit, the applicant may be required to post a performance guarantee in an amount sufficient to insure completion of the development or required public improvements, including landscaping or any required off-site improvements. In such case, the applicant shall file with the Planning Director a surety or cash bond, letter of credit, or other collateral recommended by the County Engineer and approved by the County Attorney. The collateral shall be approved by the Board of County Commissioners to insure the actual construction of such development or required improvements within such period of time as may be determined by the Board of County Commissioners. Upon completion of the development or required improvements,the applicant shall obtain certification from a Colorado Registered Professional Engineer or Colorado Registered Professional Landscape Architect,whichever is appropriate,that the improvements have been constructed in accordance with the approved plan. Upon receipt of this certification,the County Engineer shall release the security within seven(7) calendar days. If the security provided by the applicant is not released, refusal to release and the reasons therefore shall be given to the applicant in writing by the County Engineer.(am. 10/02/07) (am 05/08/12) G. Effect of issuance of a Conceptual,Final or Consolidated Special Use Permit. 1. Effect of Conceptual Special Use Permit Approval. Approval of a Concept Evaluation Special Use Permit shall be deemed to authorize the applicant to submit to the County an application for a Final Special Use Permit. (orig. 10/02/07) (am 05/08/12) 2. Effect of a Final or Consolidated Special Use Permit Approval. Approval of a Special Use Permit for a Final or Consolidated Special Use Permit shall be deemed to authorize only the particular use for which it is issued. (am. 10/02/07)(am 05/08/12) 3. Time limitations for a Concept Evaluation Special Use Permit,a Final or Consolidated Special Use Permit.(am 05/08/12) a. Duration and Compliance. On a case-by-case the Board of County Commissioners shall permit such duration and require such continued compliance review process as it deems appropriate. (am. 10/02/07) (am 05/08/12) (1) A Concept Evaluation Special Use Permits shall expire three(3)years from the date of approval, without the ability for amendment, renewal or extension;vesting does not apply to this form of Special Use Permit as it is a conceptual form of approval only; (orig. 10/02/07) (2) A Final or Consolidated Special Use established and ongoing during this three year period is valid for the life of the Special Use or as limited by the Board of County Commissioners. (am. 10/02/07)(am 05/08/12) (3) If a Building Permit is issued during the three year period of time,the Final or Consolidated Special Use Permit shall be extended for the life of the Building Permit. (am. 10/02/07) LAND USE REGULATIONS 5-58 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5. ADMINISTRATION 5-260. VARIANCES (4) If the Final or Consolidated Special Use is established and ongoing at the conclusion of the Building Permit,then the Building Permit is valid for the life of the Final or Consolidated Special Use. (am. 10/02/07)(am 05/08/12) (5) Any Final or Consolidated Special Use Permit granted for a use that is temporary and has received conditional approval limiting the length of its approval shall only be valid for the time period specified in the Permit. Permitted time frames shall not change with successive owners. (am. 10/02/07) b. Extension of Special Use Permit Approval.Approval of a Final or Consolidated Special Use Permit shall be voided and extinguished unless the applicant can demonstrate by competent substantial evidence that failure to proceed with the development of the application was: (1) Beyond the applicant's control; (2) The development complies with these Land Use Regulations and the Comprehensive Plan; and (3) There is a reasonable likelihood the next step in the development application will be submitted in the next two years. No request for extension shall be considered unless a written application requesting the extension is submitted to the Planning Director no later than thirty(30)calendar days prior to the date the Final or Consolidated Special Use Permit is to expire. The permit shall be deemed extended until such time the Board of County Commissioners has acted upon the request for extension. (am 11/08/05)(am. 10/02/07)(am 05/08/12) c. Hearing on Permit Expiration. If a Final or Consolidated Special Use Permit is not extended either by the issuance of a Building Permit or other development activity pursuant to Section 5-250.G., or by an extension pursuant to Section 5-250.G.3.b, Extension of Special Use Permit Approval,the Board of County Commissioners shall initiate a hearing pursuant Subsection 5-210 H., Extinguishment of Approvals, to determine whether to extinguish the Special Use Permit. (am. 10/02/07) H. Minor deviations. Minor deviations from a Final or Consolidated Special Use Permit (Concept Evaluation Special Use Permits may not be modified from its original approval)be approved by the Planning Director. Authorized minor deviations are those that appear necessary in light of technical or engineering considerations first discovered during actual development and are not reasonably anticipated during the initial approval process,as long as they comply with the standards of these Land Use Regulations. Minor deviations shall include minor changes in the building footprint or relocation of infrastructure (roads and water or sewage lines) so long as the relocation complies with the conditions of the Special Use Permit and these Land Use Regulations. Minor deviations shall not include changes in the amount of open space,square footage,wildlife habitat protection,or buffering. All changes not qualifying as minor deviations shall be considered amendments and shall comply with Section 5-250.G.,Amendment to Special Use Permit. (am. 10/02/07) Amendment to Special Use Permit. A Final or Consolidated Special Use Permit may be amended, extended, varied or altered only pursuant to the standards and as set forth in this Section. (am. 10/02/07 LAND USE REGULATIONS 5-59 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-260. VARIANCES SECTION 5-260. VARIANCES (am 9/27/99) This Section sets forth the procedures and conditions for a Variance Permit from certain standards of these Land Use Regulations. Variances are deviations from the terms of these Land Use Regulations that would not be contrary to the public interest when owing to special circumstances or conditions like exceptional topographic conditions, narrowness, shallowness, or the shape of a specific piece of property, the literal enforcement of the provisions of these Land Use Regulations would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon,the owners of the property. A. Procedure. 1. Initiation. Applications for a Variance Permit may be submitted at any time to the Planning Director by the owner, or any other person having a recognizable interest in the land for which the Variance is proposed,or their authorized agent. The application shall contain the materials specified in Section 5-210.D.2.,Minimum Contents of Application,and shall also contain a drawing of the site,showing existing and proposed features and those limitations of the underlying zone district that are relevant to the review of the proposed variance. 2. Review of Applications. The submission of an application for a Variance Permit, determination of its sufficiency, staff review of, and scheduling of a public hearing for an application for a Variance Permit shall comply with the procedures established in Section 5- 210.D, Common Procedure for Review of Applications. 3. Decision of Zoning Board of Adjustment. The Zoning Board of Adjustment shall conduct a public hearing on an application for a Variance Permit. At the public hearing,the Zoning Board of Adjustment shall consider the application,the relevant support materials,the Staff Report, and the public testimony given at the public hearing. After the public hearing,the Zoning Board of Adjustment shall render a decision either to approve, approve with conditions, or disapprove a Variance Permit based on the standards in Section 5-260.F.2, Standards. B. Conditions in Development Permit. All conditions imposed upon any Variance Permit,with the exception of conditions made applicable to such approval by the express terms of these Land Use Regulations, shall be expressly set forth in the Variance Permit. C. Effect of Issuance of a Variance Permit. 1. General. Issuance of a Variance Permit shall be deemed to authorize only the particular development for which it is issued. A Variance Permit shall run with the land. 2. Time Limitations. All Variance Permits shall expire three (3) years from the date of issuance if no Building Permit has been issued to establish the use authorized in the Variance Permit,or if the use does not require a Building Permit,the use is established,ongoing,and in operation. Permitted time frames do not change with successive owners. Upon written request, one(1)extension of time may be granted by the Zoning Board of Adjustment for a period not to exceed six(6)months for good cause shown. No request for an extension shall be considered unless a written application requesting the extension is submitted to the LAND USE REGULATIONS 5-60 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-260. VARIANCES Planning Director no later than thirty(30)calendar days prior to the date the Variance Permit is to expire. Failure to submit an application for an extension within the time limits established by this Section shall render the Variance Permit null and void. D. Subsequent Development Permits. Development of the Variance shall not be carried out until the applicant has secured all other development permits required by these Land Use Regulations. A Variance Permit shall not ensure that the development approved as a Variance shall receive subsequent approval for other applications for development unless the relevant and applicable portions of these Regulations are met. E. Amendment to Variance Permit. A Variance Permit may be amended,extended,varied or altered only pursuant to the standards and procedures for the original approval of a Variance Permit pursuant to this Section. F. Variance from provisions of Article 3 Zone Districts of these Land Use Regulations 1. General. The Zoning Board of Adjustment shall have the authority to approve,approve with conditions,or disapprove variances from the standards set forth in Article 3 Zone Districts of these Land Use Regulations. Any person seeking a variance from these standards shall file an application with the Planning Director. The application shall be determined sufficient,and a staff report prepared, pursuant to Section 5-120.D., Common Procedure for Review of Applications. 2. Standards. The Zoning Board of Adjustments must find that all of the following standards are met: a. Special Circumstances Exist. One of the following circumstances or conditions exists with respect to the specific piece of property: (1) Exceptional narrowness,shallowness or shape,of the property at the time of the enactment of the regulation in question; (2) Exceptional topographic conditions of the property; (3) Other extraordinary and exceptional situation or condition of the property. b. Not a Result of the Actions of Applicant. The special circumstances and conditions found pursuant to Section 5-260.F.2.a. have not resulted from any act of the applicant. c. Strict Application Consequences. Because of the special circumstances and conditions found pursuant to Paragraph 5-260.F.2.a the strict application of the regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship on,the owner of the property. d. Variance is Necessary for Relief. The granting of the variance from the strict application of the provisions of the regulation is necessary to relieve the owner of the peculiar and exceptional practical difficulties or exceptional and undue hardship. LAND USE REGULATIONS 5-61 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-270.SUBDIVISION EXEMPTION e. Not Detrimental to the Public Good. Granting the variance will not cause substantial detriment to the public good. f. Variance Will Not Impair the Zoning Plan and Resolutions. Granting the variance will not substantially impair the intent and purpose of the zone plan and the zoning resolutions. 3. Solar Energy Devices Considered. In determining whether difficulties to,or hardship upon, the owner of the subject property exist,the adequacy of access to sunlight for solar energy devices installed on or after January 1, 1980 may properly be considered. 4. Is Exempt From Prosecution. No appeal to the Board of Adjustment shall be allowed for building use violations that may be prosecuted pursuant to Section 30-28-124(1)(b) of the Colorado Revised Statutes. 5. Conditions and Restrictions. The Zoning Board of Adjustment may, in approving a Variance Permit,impose restrictions and conditions on the approval it determines are required by the general goals,objectives and policies of the Comprehensive Plan an these Land Use Regulations in order to prevent,or to minimize,adverse effects from the Variance Permit on other lands in the neighborhood or on the general health, safety,and welfare of the County. (am 9/27/99)(am 11/08/05) G. Variance from Improvement Standards 1. General. The Board of County Commissioners shall have the authority to approve,approve with conditions,or disapprove variances from Article 4,Division 6,Improvement Standards. Any person seeking a variance from the improvement standards shall file an application with the Planning Director, or shall consolidate said application with any other application the applicant is submitting. The application shall be determined sufficient, and a staff report prepared pursuant to Section 5-210.D, Common Procedure for Review of Applications. 2. Standards.In determining whether to approve, approve with conditions,or disapprove the application for Variance to Improvement Standards, the Board of County Commissioners shall balance the hardships to the applicant of not granting the Variance against the adverse impact on the health,safety,and welfare of persons affected,and the adverse impact on the lands affected.In approving or approving with conditions said Variance,the Board of County Commissioners may impose such conditions that are necessary to ensure compliance with the terms of this Subsection,these Regulations,and the Comprehensive Plan. (am 11/08/05) H. Floodplain Variance 1. General. See Section 3-350 K for floodplain variances. (am 01/07/14) LAND USE REGULATIONS 5-62 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5.• ADMINISTRATION 5-270.SUBDIVISION EXEMPTION SECTION 5-270. SUBDIVISION EXEMPTION A. Exemptions approved by the Board of County Commissioners. The Board of County Commissioners may, pursuant to a Resolution duly adopted at a public meeting, exempt from the provisions of Section 5-280, Subdivision, any division of land, if it is determined that: 1. Not within purpose of Section. Such division is not within the purposes of Section 5-280, Subdivision. Such divisions may include,but are not limited to,divisions that: a. Condemnation. Could be created pursuant to powers of condemnation; b. Perpetual Open Space. Would result in property division for the purpose of perpetual open space;or c. Pre-Existing Lots. Were created and established in the records of the Clerk and Recorder prior to May 5, 1972,notwithstanding compliance with Eagle County Land Use Regulations in existence at the time of the creation of the parcels. (am 05/08/12) d. Lot Line Adjustments. (orig. 02/20/01) Are for the purpose of making a lot line adjustment to correct boundary errors,align boundaries with topographic features,or straighten boundaries. This applies only to contiguous lots, neither of which lies within a subdivision approved pursuant to these Land Use Regulations, and which are not subject to merger with each other pursuant to Section 6-120.B.,Contiguous Parcels Under Single Ownership. The Board may exempt a lot line adjustment if: (1) The total area of land subtracted from the one lot and added to the other,net of any addition to that lot as a result of the lot line adjustment, does not exceed 25%of the total area of the lot from which it is subtracted, (2) The resulting lots are in substantially the same configuration as the original lots before the adjustment,and (3) The lot line adjustment: (a) Does not create a nonconforming(in terms of applicable zoning)lot or increase the nonconformity of any lot,or (b) The Board determines that: (i) A site plan can be designed for the nonconforming lot(s) that is consistent with the use requirements of these Land Use Regulations, and minimizes to the greatest degree practicable any nonconformities, and, (ii) The nonconforming lot(s) can function adequately for its designated land use pursuant to a site plan(s)approved for the nonconforming lot(s)as a part of the exemption, and, (iii) Notwithstanding the nonconformity(ies)of the lot(s)which results from the adjustment,the site of the nonconforming LAND USE REGULATIONS 5-63 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-270.SUBDIVISION EXEMPTION lot(s),taken as a whole,provides a more useable lot,or one more compatible with the neighborhood or with the public health and safety,than existed before the adjustment. 2. Adequate access,adequate potable water,and adequate sewage treatment facilities are available. Adequate access, adequate potable water, and adequate sewage treatment facilities are available. Pre-existing access shall be exempt from current driveway standards until the use of the access increases due to either a change,or intensity in use. (am 9/27/99)(am 112/02) B. Procedure. 1. Initiation. An application for exemption from Subdivision may be submitted at any time to the Planning Director by the owner or any other person having a written recognizable interest in the land for which the exemption is requested. The application shall contain the materials specified in Section 5-210.D.2., Minimum Contents of Application, and the following additional materials: a. Survey. A certified survey of the parcel,including legal description which meets the minimum requirements of a Land Survey Plat pursuant to 38-51-106 C.R.S. Additionally,all record and apparent rights-of-way and easements shall be indicated on the plat. Monumentation shall be shown pursuant to 38-51-108 C.R.S. Further,a computer printout,in text format,of Parcel Summaries shall be provided,including lot closure analyses,block closure analyses,and other appurtenant information.(am 05/08/12) b. Access. Demonstration that the proposed exemption has legal and physical access to a public street or right-of-way by conventional vehicle. c. Water Supply. Demonstration that the land proposed for exemption will be provided a legal, physical, adequate and dependable potable water supply. d. Wastewater Disposal. Demonstration that the land proposed for exemption will be provided a wastewater disposal system,or other lawful means of disposing of human wastes that complies with all applicable public health laws. e. Hazards. Satisfactory evidence demonstrating that the exemption will not create hazards and the lot will contain a safe, adequate building site. 2. Review of application. The submission of an application for, determination of its sufficiency, staff review of, and notice and scheduling of a public hearing for an application for an exemption from Subdivision shall comply with the procedures established in Section 5.210.D, Common Procedure for Review of Applications. C. Action by Board of County Commissioners. The Board of County Commissioners shall conduct a public hearing on an application for Exemption to Subdivision. At the public hearing the Board of County Commissioners shall consider the application,the relevant support materials,the Staff Report, and the public testimony given at the public hearing. After the public hearing,the Board of County Commissioners shall approve or disapprove the Exemption for Subdivision based on whether: the LAND USE REGULATIONS 5-69 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-270.SUBDIVISION EXEMPTION division is within the purposes of Section 5-280, Subdivision; adequate access, potable water, and sewage are available; whether the exemption will not create hazards;and whether the lot will contain a safe,adequate building site. If the Board approves the Subdivision Exemption,staff will present the Exemption Plat to the Chair of the Board for signature. D. Administrative Approval of Subdivision Exemptions. The Planning Director may administratively approve an application for a Subdivision Exemption that falls within section 5.270.1.a and c("Administrative Subdivision Exemption").No less than fifteen(15)calendar days prior to the date of the Director's approval or denial of an application for Administrative Subdivision Exemption,the Director,or its assigns, shall send a notice containing all the information required under Section 5-210.E.1.,Notice in Newspaper,by mail,first-class postage prepaid,to all owners of land adjacent to the affected property. The Planning Director, or assigns, shall also be responsible for placing notice in the newspaper in accordance with Section 5-210.E.1, Notice in Newspaper. The Director shall consider the application,relevant supporting materials and any public comment submitted in response to the application for Administrative Subdivision Exemption. On the date set for issuance of the Director's determination,the Director shall approve or disapprove the Administrative Subdivision Exemption based on whether the division is within the purposes of Section 5-280, Subdivision; adequate access,potable water, and sewage are available;whether the exemption will not create hazards;and whether the lot will contain a safe, adequate building site. The Director's determination will be posted on Eagle County's website. The Director's determination shall be final thirty(30)calendar days from the date of the Director's decision on the Administrative Subdivision Exemption,unless the determination is appealed to the Board under the provisions of Section 5-2400. Once the Director's determination is final,the Director will present the Exemption Plat to the Chair of the Board for signature. LAND USE REGULATIONS 5-65 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5.• ADMINISTRATION 5-280.SUBDIVISION SECTION 5-280. SUBDIVISION A. Purpose and Intent. The purpose of this Section is to establish the minimum standards for the division of land and improvement of that land in unincorporated Eagle County: 1. General. Establish reasonable and equitable procedures and standards for the subdivision of land. 2. Safe and Convenient Traffic Circulation. Require the provision of safe and convenient vehicular and pedestrian traffic circulation. 3. Adequacy of Public Facilities. Ensure that public facilities are available to serve development. 4. Conserve and Manage Natural Resources. Conserve and manage natural resources. 5. Minimize Air and Water Pollution. Minimize the impacts of air and water pollution and the degradation of land. 6. Open Space. Provide for open space and recreational land through efficient and appropriate subdivision design. 7. Conformance with Comprehensive Plan and Land Use Regulations. Guide future growth and development in substantial conformance with the purposes,intents,goals and policies of the Eagle County Comprehensive Plan,Area Community Plans,and any applicable ancillary County adopted documents pertaining to natural resource protection,affordable housing,or infrastructure management,and other applicable provisions of these Land Use Regulations. (am 11/08/05)(am 05/08/12) 8. Safety From Fire,Flood,and Other Disasters. Maintain or improve safety from fire,flood and other potential disasters, including all flooding requirements per section 3-350.L. (am 01/07/14) 9. Adequate Light,Air,and Privacy.. Provide adequate light,air,and privacy for land uses. 10. Recording. Ensure that the subdivision of lands is recorded with proper legal descriptions and monuments. (am 3/12/02) B. Procedures. 1. Overview of Procedures. Unless exempted pursuant to Section 5-280.B.2, Exemptions, prior to the division or transfer of land within unincorporated Eagle County,an applicant shall obtain approval for a Sketch Plan,Preliminary Plan and Final Plat for Subdivision pursuant to the procedures and standards of this Section. a. Sketch Plan. The purpose of sketch plan review is for the applicant,the County and the public to evaluate and discuss the basic concepts for development of the proposed subdivision,and to consider whether there are any alternative concepts the applicant should explore. It is the time when determinations should be made as to whether the proposed subdivision substantially complies with these Land Use Regulations and is LAND USE REGULATIONS 5-66 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-280.SUBDIVISION in substantial conformance with the Eagle County Comprehensive Plan, Area Community Plans, and any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing, or infrastructure management,and is generally compatible with the existing and currently permissible future uses of adjacent land and other substantially impacted land, services, or infrastructure improvements. It is also the opportunity to reach general agreement on such issues as the appropriate range of units and commercial space for development; the general locations intended for development and the areas planned to remain undeveloped; the general alignments for access; and whether water supply and sewage disposal will be provided via on-site systems or through connection to public systems. The outcome of sketch plan review should be an identification of issues and concerns the applicant must address if the project is ultimately to receive final subdivision approval from the County.(am 11/08/05) (am 05/08/12) b. Preliminary Plan. The purpose of preliminary plan review is for the applicant to respond to the planning and development issues and concerns identified during sketch plan review and to formulate detailed,properly engineered solutions to those issues and concerns. The preliminary plan stage is when the applicant is to provide detailed information and mitigation proposals to be evaluated by the County. c. Final Plat. The purpose of final plat review is for the applicant to submit a permanent,comprehensive and accurate public record of the subdivision,including the precise size, shape and location of lots, blocks, streets, easements, open spaces and other parcels of land within the development, together with all applicable covenants,conditions,use restrictions and design and development standards. The final plat shall conform in all respects to the preliminary plan approved by the County and shall incorporate all modifications and conditions imposed by the Board of County Commissioners. 2. Exemptions. Unless the method of disposition is adopted for the purpose of evading this Section and these Land Use Regulations,the following development is exempted from the procedures and standards of Section 5-280, Subdivision: a. Division of Land into Parcels of 35 Acres or More. The division of land in such a way that it results in parcels of thirty-five (35) acres or more, while allowed by Colorado State Statute, nonetheless requires compliance with County regulations regarding access,wildfire hazard mitigation,visual impact mitigation,building and fire code compliance and other off-site impact mitigation as determined necessary by the Board of County Commissioners for the protection of the environment and the health,safety and welfare of the residents and visitors of Eagle County. Compliance with 38-51-101et.seq. C.R.S. is required. (am 05/08/12) b. Rural Land Use Process. Development undertaken in the Resource (R) zone district pursuant to Section 5-295 Conservation Subdivision,which establishes a rural land use process,as authorized by C.R.S. 30-28-101 (10)(c)(X). (am 11/07/07) c. Division of Lands by Courts. The division of land created by any court in the State of Colorado pursuant to the law of eminent domain, or by operation of law, or by order of any court of the State of Colorado,if the Board is given timely notice of any LAND USE REGULATIONS 5-67 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-280.SUBDIVISION such pending action by the court and given opportunity to join as a party in interest in such proceeding for the purpose of raising the issue of evasion prior to the entry of the court order; d. Creation of Lien,Mortgage,Deed of Trust,or Other Security Instrument. The division of land that creates an interest in land such as a lien,mortgage,deed of trust, or other security instrument; e. Creation of Security or Unit of Interest.The division of land that creates a security or unit of interest in any investment trust regulated under the laws of this State or any other interest in an investment entity; f. Creation of Cemetery Lots. The division of land that creates cemetery lots within a cemetery; g. Creation of Oil, Gas, Mineral or Water Interests. The division of land that creates an interest or interests in oil, gas, minerals or water which are now or hereafter severed from the surface ownership of real property; h. Creation of Joint Tenancy or Tenancy in Common. The division of land that creates by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common and any such interest shall be deemed for purposes of these Land Use Regulations as only one interest; i. Consolidation.The division of land that results in the consolidation of contiguous parcels of land into one larger parcel; j. Option to Purchase. The division of land that creates by a contract concerning the sale of land that is contingent upon the purchaser's obtaining approval to subdivide the land that is to be acquired pursuant to the contract; k. Division of Land Prior to April 6, 1964. The division of land that was created prior to April 6, 1964. 3. Sketch Plan for Subdivision. a. Initiation. Applications for a Sketch Plan for Subdivision may be submitted at any time to the Planning Director by the owner, or any other person having a recognizable interest in the land for which the Sketch Plan for Subdivision is proposed,or their authorized agent. Prior to submission of an application for a Sketch Plan for Subdivision, an applicant should hold a pre-application conference with the Planning Director pursuant to Section 5-210.C.,Pre- application Conference. The application shall contain the materials specified in Section 5-210.D.2.,Minimum Contents of Application,and the following information: (1) Tract boundary,block and lot pattern with the area and use of lots indicated by note. LAND USE REGULATIONS 5-68 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-280.SUBDIVISION (2) Street and pedestrian circulation system with gradients and widths indicated by note;the relationship of proposed streets and paths to existing streets, and paths,both on and adjoining the Sketch Plan site, including proposed street access to a public highway,shall be shown. (3) Existing development on the subject and adjacent property shall be shown. (4) Soil types based upon the National Cooperative Soil Survey, U.S.D.A., Soil Conservation Service, as well as interpretations of soil types. Vegetation shall be described and tree masses,live and intermittent streams,floodplains,water bodies,dry washes, springs and wetlands shown. (5) A survey and report on the general geological, drainage, wildlife,wildfire, minerals,radiation and other conditions on the subject of adjacent property which could affect development on the subject property;the survey shall include information and recommendations of reports referred to in Article 4 of these Regulations and pertinent reports on file in the office of the Planning Department. Equal attention should focus on the potential effects of the proposed development upon the above conditions of contiguous and adjacent property. (6) Proposed method of water supply and sewage disposal. Including: Proposed water augmentation plan(if applicable);or an `ability to serve' letter from applicable water and/or wastewater provider. Information regarding existing water rights including,but not limited to:Evidence of ownership or right of acquisition of or use of existing and proposed water rights;historical use andestimate yield of claimed water rights; and Amenability of existing rights to a change in use. If the water supply is proposed to be an existing well, a copy of a current valid well permit and location map identifying the location of the existing well must be provided.If individual wells are proposed,an alternatives assessment performed by a qualified Registered Professional Engineer must be submitted and include the following minimum information:Anticipated dependability of source;anticipated yield of source; anticipated depth to groundwater; anticipated water quality; estimated cost of individual well construction; and anticipated rate of water delivery. If sewage disposal is proposed to be via On-Site Wastewater Treatment System(OWTS), an alternatives assessment must be prepared by a qualified Professional Engineer evaluating the ability of the natural environment to support on- site systems with commensurate levels of sewage treatment,along with the physical ability of each property to support a site and an alternate site for wastewater disposal. The applicant must be prepared to estimate cost of installation and maintenance and state how the systems are proposed to be maintained (am 03/28/06) (amd. 07/29/14) (7) Other materials. Such other materials as the Planning Director deems necessary to fully evaluate the compliance of the proposed Sketch Plan LAND USE REGULATIONS 5-69 EAGLE COUNTY,COLORADO Article 5 ARTICLES: ADMINISTRATION 5-280.SUBDIVISION with these Land Use Regulations and as required pursuant to Article 4, Site Development Standards. (am 03/28/06)(am 05/08/12) (8) Proposed method of fire protection including details regarding an adequate legal water supply for fire fighting purposes; (am 03/28/06) b. Review of Applications. The submission of an application, determination of its sufficiency, staff review of, and notice and scheduling of a public hearing for an application for a Sketch Plan for Subdivision shall comply with the procedures established in Section 5-210.D,Common Procedure for Review of Applications.(am 05/08/12) c. Review and Recommendation of Planning Commission. The Planning Commission shall conduct a public hearing on an application for Sketch Plan. At the public hearing,the Planning Commission shall consider the application,the relevant support materials, the Staff Report, and the public testimony given at the public hearing. After the close of the public hearing, the Planning Commission shall recommend to the Board of County Commissioners either to approve,approve with conditions, or disapprove the application, considering whether conceptually it is consistent with the standards in Section 5-280.B.3.e., Standards. d. Action by Board of County Commissioners. After receipt of the recommendation from the Planning Commission,the Board of County Commissioners shall conduct a public hearing on an application for Sketch Plan. At the public hearing,the Board of County Commissioners shall consider the application,the relevant support materials, the Staff Report, the Planning Commission recommendation, and the public testimony given at the public hearing. After the close of the public hearing, the Board of County Commissioners, by a majority vote, shall either approve, approve with conditions, or disapprove the application,considering whether conceptually it is consistent with the standards in Section 5-280.B.3.e.,Standards. A Resolution of the Board of County Commissioners approving such action shall constitute final action by the County on the application. Finalization of the Resolution must occur within 90 days of the Board of County Commissioner's vote to approve, approve with conditions or disapprove the Sketch Plan for Subdivision application.(am 05/08/12) e. Standards.The Subdivision shall comply with the following standards: (1) Conformance with Comprehensive Plan. The proposed subdivision shall be in substantial conformance with the purposes,intents,goals,and policies of the Eagle County Comprehensive Plan,Area Community Plans,and any applicable ancillary County adopted documents pertaining to natural resource protection,affordable housing,or infrastructure management. (am 11/08/05)(am 05/08/12) (2) Consistent with Land Use Regulations. The proposed subdivision shall comply with all of the standards of this Section and all other provisions of these Land Use Regulations, including, but not limited to, the applicable standards of Article 3, Zone Districts, and Article 4, Site Development Standards. LAND USE REGULATIONS 5-70 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-280.SUBDIVISION (3) Spatial Pattern Shall Be Efficient. The proposed subdivision shall be located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a"leapfrog" pattern of development. (a) Utility and Road Extensions. Proposed utility extensions shall be consistent with the utility's service plan or shall require prior County approval of an amendment to the service plan. Proposed road extensions shall be consistent with the Eagle County Road Capital Improvements Plan. (b) Serve Ultimate Population. Utility lines shall be sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines. (c) Coordinate Utility Extensions. Generally,utility extensions shall only be allowed when the entire range of necessary facilities can be provided,rather than incrementally extending a single service into an otherwise un-served area. (4) Suitability for Development. The property proposed to be subdivided shall be suitable for development, considering its topography, environmental resources and natural or man-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. (5) Compatible with Surrounding Uses. The proposed subdivision shall be generally compatible with the existing and currently permissible future uses of adjacent land, and other substantially impacted land, services, or infrastructure improvements.(am 05/08/12) (6) Adequate Facilities. The applicant shall demonstrate that the development proposed in the Sketch or Preliminary Plan will be provided adequate facilities for potable water supply, sewage disposal,solid waste disposal, electrical supply,fire protection and roads and will be conveniently located in relation to schools,police and fire protection,and emergency medical services (orig. 03/28/06) f. Effect of Approval of Sketch Plan for Subdivision. (1) Limitation of Approval. Resolution of approval by the Board of County Commissioners of a Sketch Plan for Subdivision shall be deemed to authorize the applicant to submit to the County an application for a Preliminary Plan for Subdivision. It shall not constitute final approval for the Subdivision, or create any vested rights to develop the property in accordance with the Sketch Plan.(am 05/08/12) (2) Preliminary Plan Conformance with Sketch Plan. Where such Preliminary Plan departs from a condition of the Sketch Plan approval,the LAND USE REGULATIONS 5-71 EAGLE COUNTY,COLORADO Article 5 ARTICLES.• ADMINISTRATION 5-280.SUBDIVISION Applicant shall identify any and all such inconsistencies and shall set forth its justification for them. (orig. 05/08/12) (3) Length of Approval. Sketch Plan for Subdivision is valid for two(2)years from the date of its issuance. The Board of County Commissioners may extend these time periods. Permitted time frames shall not change with successive owners. (am 05/08/12) (4) Expiration of Approval. The Resolution for approval of a Sketch Plan for Subdivision by the Board of County Commissioners shall be null and void unless an application for approval of a Preliminary Plan for Subdivision is submitted and deemed sufficient by the Planning Director within two (2) years after the date of approval of the Sketch Plan.(am 05/08/12) (5) Extension of Sketch Plan Approval. Approval of a Sketch Plan for Subdivision shall be voided and extinguished unless the applicant can demonstrate by competent substantial evidence that failure to proceed with the development of the application was: (a) Beyond the applicant's control; (b) The development complies with these Land Use Regulations and the Comprehensive Plan;and (c) There is reasonable likelihood the next step in the development application will be submitted in the next two(2)years. No request for extension shall be considered unless a written application requesting the extension is submitted to the Planning Director no later than thirty(30)calendar days prior to the date the Sketch Plan for Subdivision is to expire. The permit shall be deemed extended until the Board of County Commissioners has acted upon the request for extension. (am 11/08/05) (am 05/08/12) 4. Preliminary Plan for Subdivision. a. Application Contents. An application for a Preliminary Plan for Subdivision shall contain the materials specified in Section 5-210.D.2., Minimum Contents of Application,and the following information: (1) Preliminary Plan maps shall be drafted in a preliminary fashion scaled and dimensioned to the nearest foot; construction details requested for street, utility, erosion control facilities or other public improvements should be drawn in sufficient detail to fully represent the intentions of the subdivider with regards to the type, materials and location of the proposed improvements. Maps and plans submitted shall be to the scale, as follows: Subdivision Lot Area Scale Less than 10,000 sq.ft. 1"=50 or less feet LAND USE REGULATIONS 5-72 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5. ADMINISTRATION 5-280.SUBDIVISION 10,001 sq.ft. -2 acres 1" = 100 or less feet 2.01 acres-5 acres 1" =200 or less feet More than 5 acres Scale shall be consistent with clarity of depicted information and Final Plat Sheet size(24'x 36") (2) The following maps and information shall be required and shall conform to the format and inclusions which follow: (a) Preliminary information sufficient to indicate that the Final Plat will meet requirements established under Section 38-51-101,et se. .,and 38-51-106, C.R.S. 1973, as amended, Land Survey Plat, as amended; (b) North arrow,graphic scale,date of plat preparation(and of revisions thereto)and contour interval; (c) Boundary lines with bearings and distances, plus a property description of the tract proposed for subdivision; said property description shall be a metes and bounds description unless an acceptable parcel description identifies the property as the subject of a previously recorded survey and shall be certified by a Registered Land Surveyor; (d) Departing property lines and owners of record of all parcels adjoining the proposed subdivision, including parcels separated there from only by a public right-of-way; (e) Existing contours at 5 foot intervals(within 2.5 ft accuracy)on all portions of the land proposed for development to either public or private use,to 10 foot intervals(within 5 ft.accuracy)for all areas to remain in their natural state. All contour lines shall be accurate to within 50 percent of the interval. Areas sloping less than 2 percent shall have 2-foot contour intervals(with 1 ft. accuracy); (f) Street names and a block and lot numbering system shall be shown; (g) Approximate area and use of each lot; (h) Sites or facilities to be reserved or dedicated for public parks,open space, schools or other public uses and the proposed terms and managing agencies for such reservations and dedications; (i) Open space and maintenance plan;(am 05/08/12) (j) A vicinity sketch plan normally drawn at a scale of 1 inch= 1,000 feet, although if such maps are not available, a U.S.G.S. map, 1:24,000 scale may be accepted. The vicinity sketch shall depict tract lines and names of all abutting subdivisions, the location of streets, highways, natural streams and wetlands within an area of LAND USE REGULATIONS 5-73 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-280.SUBDIVISION approximately one-half mile of the proposed subdivision tract;the location of all adjacent utility systems within an approximate half-mile area minimum, the natural drainage courses for streams flowing through the proposed subdivision with the limits of tributary areas shown where this is reasonable. All maps submitted in accordance with this sub-section shall include clear indications of the section,township and range containing the lands which area the subject of the maps; (k) Wildlife Analysis pursuant to Section 4-410; (1) Geologic Hazards Analysis pursuant to Section 4-420; (m) Ridgeline Visual Analysis pursuant to Section 4-450; (n) Conceptual Landscape Plan pursuant to Section 4-220; (o) Environmental Impact Report pursuant to Section 4-460; (p) Erosion Control Standards pursuant to Section 4-665;(am 3/12/02) (q) Soils and Vegetation report depicting soil and vegetation types and boundaries; (r) Drainage Standards pursuant to Section 4-650; (s) Street Plan and Profiles - Roads shall be designed in accordance with Section 4-620 of these Regulations.Plan views and centerline profile shall be plotted at a horizontal scale of 1 inch to 5 feet on sheets supplemental to the drainage plan. These plans and profiles shall show all intersections with existing streets and all existing and proposed drainage areas and easements crossing,or parallel to,the roads. Also shown will be any known areas of high water table, unsuitable soils and other geological hazards. These plans shall include a typical cross-section showing road widths, including driving surface, shoulders, curbs and gutters, barrow ditches, cut and fill slopes to the point of intersection with natural ground and the pavement structure details proposed. The plan shall include the extremities of all cut and fill areas. A supplemental sheet shall be included to detail all drainage,retaining and bridge structures to be constructed as part of the roadway; (am 3/12/02) (t) Pedestrian circulation plan for trails within the subdivision and for connection to adjacent systems. Trail standards are identified in Section 4-630.A.; (u) Drainage Study-A drainage study shall be prepared in accordance with Section 4-650 of these Regulations. This study shall include a contour map showing all existing and proposed water courses, LAND USE REGULATIONS 5-74 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5. ADMINISTRATION 5-280.SUBDIVISION including the seasonal course-limits of tributaries, indicating the surface conditions and locations of points of departure from the development. This study shall include computations of 10-year flows and 100-year floodplain plotted on the contour maps. The drainage study shall also include computations of the increase or decrease in flows anticipated as a result of the development, the capacity and velocity through all drainage structures,including open channels and the revised floodplains shall be plotted on a contour map. In no case shall the area within the 100-year floodplain be used for structural development without specific approval of the Board. In no case will a development be allowed to affect either the location of discharge, magnitude, depth, slope of stream bed, or velocity of drainage flows upstream or downstream from the development or the stream channel slope within the development unless part of an approved floodplain protection plan; (v) Preliminary Utility Plan,pursuant to Section 4-430,4-670,4-680 and 4-690, on a plan supplemental to and at the same scale as the Preliminary Plan,including: (am 03/28/06) (i) Water Supply-If a central water supply and distribution system is to be provided,the details of the system shall be provided demonstrating that: (am 03/28/06) aa. Source-Adequate evidence prepared by a Registered Professional Engineer verifying that a the quality and quantity of the water supply is to supply the subdivision proposed.Physical evidence may be required including but not limited to: aquifer pump testing in addition to appropriate geotechnical studies or investigations (am 03/28/06) i. Evidence of ownership,right of acquisition or use of existing and proposed water rights. (am 03/28/06) ii. Final,water-court approved augmentation plan(am 03/28/06) iii. Evidence confirming the potability of the proposed water supply for the subdivision. (am 03/28/06) iv. Evidence from the local fire jurisdiction confirming that the proposed water supply for fire fighting purposes is sufficient. (orig. 03/28/06) LAND USE REGULATIONS 5-75 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-280.SUBDIVISION bb. The nature of the legal entity which will own and operate the water system shall be described as well as the proposed method of financing. (am 03/28/06) cc. If connecting to an existing system is proposed the following information shall be provided: (am 03/28/06) i. The nature of the public or private legal entity which will supply water to the proposed subdivision; (am 03/28/06) ii. Agreement with the above entity to service the proposed subdivision; (am 03/28/06) iii. Information on the water supplier's present service requirements, future commitments and present water supply capabilities, including but not limited to: (am 03/28/06) (aa) A summary of water rights owned and controlled by the entity(orig. 03/28/06) (bb) The anticipated yield of the rights in an average and a dry year(orig. 03/28/06) (cc) The present demand and anticipated demand for current commitments not yet being supplied (orig. 03/28/06) (dd) The uncommitted firm supply (orig. 03/28/06) (ee) A map of the entity's service area(orig.03/28/06) dd. If individual well water systems are proposed, a report must be prepared by a Professional Engineer or Geologist indicating the availability of groundwater which includes the depth to the groundwater supply throughout the proposed subdivision. The report must address the water quality,rates of delivery and long-term yield of such wells. The cumulative effect upon existing water rights due to the use of individual domestic wells shall be considered in the report(am 03/28/06) LAND USE REGULATIONS 5-76 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-280.SUBDIVISION (ii) Sanitary Sewage Disposal-public collection and treatment systems or the use of On-Site Wastewater Treatment Systems(OWTS)are to be provided,the details of the collections system and treatment facilities and individual components shall be provided including: (am 03/28/06) (amd. 07/29/14) aa. Public Treatment-Agreement to serve from a public sewage treatment provider and evidence to support that the provider possesses adequate sewage treatment capability and capacity to serve the proposed (am 03/28/06) bb. The nature of the legal entity which will own and operate the sewer system shall be described,as well as the proposed method of financing; (am 03/28/06) cc. If sanitary sewage disposal will be accomplished by On-Site Wastewater Treatment Systems (OWTS),a suitability analysis as determined by the Environmental Health Department must be performed. Such analyses may include but is not limited to, soil profile observations to identify soil classifications and horizons; adequate separation to bedrock or ground water; soil percolation tests,etc. Location(s)of soil analyses shall be indicated on the plan and must be performed by a Professional Engineer, Geologist or person qualified to do this work. (am 03/28/06)(amd. 07/29/14) (w) Public Water and/or Wastewater System. (orig. 03/28/06) (i) If is has been determined that the proposed water and/or wastewater system is a public system, the required application for a 1041 permit (pursuant to Chapter 6: Matters of State Interest),and evidence that the associated application(s)administered by the Colorado Department of Public Health and Environment have been made, shall be submitted concurrently with the Preliminary Plan application. (orig. 03/28/06 (x) The following additional information will be required when applicable: (i) A completed U. S. Army Corps of Engineer's Dredge and Fill Section 404 Permit application for subdivisions which LAND USE REGULATIONS 5-77 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-280.SUBDIVISION propose to modify the existing channel of navigable streams. (am. 03/28/06) (ii) An application for an Area or Activity of State Interest when required(see Section 2 Definitions). (am. 03/28/06) (y) Vegetation Management Plan pursuant to Section 4-430. (orig. 12/17/02)(am. 03/28/06) b. Review of applications. The submission of an application for Preliminary Plan for Subdivision, determination of its sufficiency, staff review of, and notice and scheduling of a public hearing for the application shall comply with the procedures established in Section 5-210.D, Common Procedure for Review of Applications. c. Recommendation by Planning Commission. The Planning Commission shall conduct a public hearing on an application for a Preliminary Plan for Subdivision. At the public hearing, the Planning Commission shall consider the application, the relevant support materials,the Staff Report,and the public information given at the public hearing. The Planning Commission may confer with the applicant on changes deemed advisable and the kind and extent of such changes, and request Planning Department input. After the close of the public hearing,the Planning Commission shall recommend approval, approval with conditions, or disapproval of the Preliminary Plan for Subdivision based upon whether it conforms to the approval given to the Sketch Plan and whether it complies with the standards in Section 5- 280.B.3.e., Standards, and recommend the application to the Board of County Commissioners. (am 9/27/99) d. Action by Board of County Commissioners. After receipt of the recommendation from the Planning Commission,the Board of County Commissioners shall conduct a public hearing on an application for a Preliminary Plan for Subdivision. At the public hearing,the Board of County Commissioners shall consider the application, the relevant support materials, the Staff Report, the Planning Commission recommendation,and the public information given at the public hearing. The Board of County Commissioners may confer with the applicant on changes deemed advisable and the kind and extent of such changes,and request Planning Department input. After the close of the public hearing,the Board of County Commissioners by a majority vote of the quorum present,shall either approve,approve with conditions or disapprove the application for Preliminary Plan for Subdivision based upon whether it conforms to the approval given to the Sketch Plan for Subdivision and whether it complies with the standards in Section 5-280.B.3.e.,Standards. Action approving a Preliminary Plan for Subdivision shall require adoption by Resolution, which Resolution shall constitute final action on the application by the Board of County Commissioners. Finalization of the Resolution must occur within 90 days of the Board of County Commissioner's vote to approve, approve with conditions or disapprove the Preliminary Plan for Subdivision application.(am 05/08/12) e. Effect of approval of a Preliminary Plan for Subdivision. (1) Limitation of Approval. Issuance of a Preliminary Plan for Subdivision shall be deemed to authorize the applicant to submit to the County an LAND USE REGULATIONS 5-78 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-280.SUBDIVISION application for a Final Plan for Subdivision. It shall not constitute final approval for Subdivision.(am 05/08/12) (2) Length of Approval. All Preliminary Plans for Subdivision are valid for three (3) years from the date of their issuance. The Board of County Commissioners may extend these time periods. Permitted time frames do not change with successive owners.(am 05/08/12) (3) Expiration. The Resolution for approval of a Preliminary Plan for Subdivision by the Board of County Commissioners shall be null and void unless an application for approval of a Preliminary Plan for Subdivision is submitted and deemed sufficient by the Planning Director within three(3) years after the date of approval of the Preliminary Plan for Subdivision.(am 05/08/12) (4) Extension of Preliminary Plan Approval. Approval of a Preliminary Plan for Subdivision shall be voided and extinguished unless the applicant can demonstrate by competent substantial evidence that failure to proceed with the development of the application was: (a) Beyond the applicant's control; (b) The development complies with these Land Use Regulations and the Comprehensive Plan; and (c) There is reasonable likelihood the next step in the development application will be submitted in the next two(2)years. No request for extension shall be considered unless a written application requesting the extension is submitted to the Planning Director no later than thirty (30) calendar days prior to the date of the Preliminary Plan for Subdivision is to expire. The permit shall be deemed extended until the Board of County Commissioners has acted upon the request for extension. (am 11/08/05)(am 05/08/12) (5) Extinguishment Hearing. If a Preliminary Plan for Subdivision is not extended pursuant to Section 5-280.B.4.e.(4), Extension, the Board of County Commissioners shall initiate a hearing pursuant to the procedures and standards of Subsection 5-210 H., Extinguishment of Approvals, to determine whether to extinguish the Preliminary Plan for Subdivision.(am 05/08/12) 5. Final Plat for Subdivision or Final Plat for PUD. a. General. The Final Plat for Subdivision shall contain the materials specified in Section 5-210.D.2., Minimum Contents of Application, shall conform to the Preliminary Plan for Subdivision and shall include all changes and conditions specified thereon, and shall include the following information. A Final Plat for Subdivision may be submitted in sections covering representative and reasonable portions of the subdivision tract. In such cases,submission shall include a key map indicating the sections designated for the entire tract with each sheet numbered accordingly,including title,legend,match lines,and other appropriate information. LAND USE REGULATIONS 5-79 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-280.SUBDIVISION (1) The Final Plat shall be drafted in a legible form with black waterproof ink on a permanent reproducible material such as mylar, on a sheet or sheets measuring 24 by 36 inches with clear margins measuring 2 inches on the left hand side and one-half inch on the remaining sides. The Plat shall show the name of the subdivision,date,and date of survey,north arrow,and graphic scale and a vicinity map to appropriate scale. Where multiple sheets are necessary to depict the total filing,the vicinity map,legal description of the tract boundary, a key map to sheet location and all certifications and dedications need to appear on the title or cover sheet. The Final Plat shall adhere to the format and include information as follows: (a) Tract boundary lines and right-of-way lines or street lines in solid black lines; easements or other right-of-way lines in dashed lines; and lot boundaries in solid lines shall be shown with accurate dimensions to the nearest 0.01 foot. Bearings, deflection angles, arc lengths, chord bearings, chord lengths, tangent distances, and central angles of all curve shall be shown. Curve tables shall be provided on the plat. Widths and dimensions of all easements,rights-of-way,and streets shall be indicated. In addition to requirements described herein,the Final Plat shall meet all requirements established under Section 38-51-101, et seq., 38-51-105 and 38-51-106, C.R.S. 1973, as amended. (b) Names of all streets or roads,block letters and lot numbers shall be indicated for easy plat identification. A street address Table shall list the street address of each lot on the plat. The address number shall be placed within an oval on each lot.(See Dept.of Community Development on Street Address Numbering System). (c) The location of all major drainage channels or areas showing the boundaries of lands subject to inundation. (d) A legal description of the property with reference to the record information of the existing parcel. (e) Name of subdivision, basis of bearings,north arrow, graphic scale,and date. (f) Vicinity map at an appropriate scale, including section lines and township and range lines,where practical. (g) Certificates and information as follows: (i) Name and address of owners of record. LAND USE REGULATIONS 5-80 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-280.SUBDIVISION (ii) Total acreage of subdivision, total number of lots, and acreage within the subdivision devoted to each use such as single family residential,commercial,street,or open space. (iii) A reference to any protective covenants, declarations or other restrictions which shall be filed with the plat and an indication of the purpose for which sites other than residential lots are dedicated or reserved. (iv) A Certificate of Dedication and Ownership executed by the record owner(s)and all other persons having an interest in the property affected by the subdivision, including any security interest. (See Appendix A). (v) A Title Company or Attorney's Certificate showing marketable title in the owners, subject only to the liens or encumbrances of persons executing the Certificate of Dedication and Ownership. (See Appendix A). (vi) Surveyor's Certificate (See Appendix A). The certificate shall be signed by a land surveyor licensed in the State of Colorado responsible for the survey and Final Subdivision Plat. (vii) An approval block for the Board(See Appendix A). (viii) The Recorder's Certificate (See Appendix A). This certificate need not be completed until after final approval. (ix) Treasurer's Certificate of Taxes Paid(See Appendix A). (h) A computer printout, in text format, of Parcel Summaries shall be provided,including lot closure analyses,block closure analyses,and other appurtenant information.(am 05/08/12) (2) Supplemental Requirements to be filed with Final Plat shall be as follows: (a) Two(2) copies of all the protective covenants, declarations, party wall agreements,or other restrictions placed on the subdivision; (b) Complete engineering plans and specifications,time schedules and cost estimated for all public improvements, including erosion control and revegetation measures, "no discharge" measures to eliminate stormwater discharges, streets, access roads, drainage facilities, utility systems, bridges, landscaping and other improvements proposed or required to be installed by the developer, and a statement of proof that the subdivider has the ability to pay for such improvements; LAND USE REGULATIONS 5-81 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-280.SUBDIVISION The above referenced drawings shall be labeled as Final Public Improvements drawings and shall have a signature block for the Board of County Commissioners. (c) An executed improvements agreement,off-site road improvements agreement or other agreement required by the Board of County Commissioners as a condition of Final Plat approval. (d) Adequate evidence of water in sufficient quantity for both domestic and irrigation use which shall be transferred to a legal entity which shall be established to operate such system; (e) Show compliance with Section 4-700 regarding School Land Dedication or cash in lieu thereof. (f) Evidence that the developer has obtained a Section 404-U.S.Army Corps of Engineers Dredge and Fill Permit, if required; (g) An approved permit for An Area or Activity of State Interest, if required. b. Procedures. After approval of the Preliminary Plat for Subdivision (unless an extension has been approved pursuant to Section 5-280.B.4.e.(4),Extension,or the Preliminary Plan specifies otherwise), the applicant shall submit to the Planning Director an application for Final Plat for Subdivision. (am 9/27/99) (1) Review of Applications. The submission of an application for, determination of its sufficiency,and staff review of a hearing for a Final Plat for Subdivision shall comply with the procedures established in Section 5- 210.D, Common Procedures for Review of Applications. (2) Revised Subdivision Mylar. Prior to scheduling the application for hearing before the Board of County Commissioners,the applicant shall submit to the Planning Director all Improvement Agreements for Board signature, and a properly signed and notarized Mylar of the Subdivision showing all necessary revisions as required by the Planning Director, together with two(2)paper copies of it. Upon review and approval by the Eagle County Attorney,the plat shall be scheduled for the next available hearing date of the Board of County Commissioners. (am 9/27/99) (3) Action by Board of County Commissioners. At the meeting on the Final Plat for Subdivision,the Board of County Commissioners shall review the Final Plat,the submittal materials,provide both County staff and the applicant an opportunity to comment, and approve or disapprove the Final Plat for Subdivision based on whether it conforms to the approval given to the Preliminary Plan for Subdivision and the standards in Section 5-280.B.3.e., Standards.,considering specifically the adequacy of required improvements and the acceptance of areas dedicated for public use and easements. LAND USE REGULATIONS 5-82 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-280.SUBDIVISION c. Recording. After the Final Plat for Subdivision is approved by the Board and all required conditions related to the Final Plat are satisfactorily addressed,the original Mylar drawing shall be recorded. Failure of the applicant to record the Final Plat and Subdivision Agreement within one hundred and eighty(180) days of its approval shall render the Final Plat for Subdivision and Subdivision Agreement invalid. (am 3/12/02) d. Effect of approval of a Final Plat for Subdivision or Final Plat for PUD. (1) Length of Approval. All Final Plats for Subdivision are valid for five(5) years from the date of their issuance. The Board of County Commissioners has the option to extend these time periods. Permitted time frames do not change with successive owners. (2) Infrastructure Installed. If the infrastructure required to develop at least fifty (50) percent of the lots in a single phase subdivision or the infrastructure required to develop the first phase of a multi-phase subdivision is installed, the Final Plat for Subdivision shall remain valid without any further time limitation. (3) Extension of Final Plat Approval. Approval of a Final Plat for Subdivision shall be voided and extinguished unless the applicant can demonstrate by competent substantial evidence that failure to proceed with the development of the application was: (a) Beyond the applicant's control; (b) The development complies with these Land Use Regulations and the Comprehensive Plan; and (c) There is reasonable likelihood the next step in the development application will be submitted in the next two(2)years. No request for extension shall be considered unless a written application requesting the extension is submitted to the Planning Director no later than thirty(30)calendar days prior to the date the Final Plat for Subdivision is to expire. The permit shall be deemed extended until the Board of County Commissioners has acted upon the request for extension. (am 11/08/05) (am 05/08/12) (4) Hearing on Permit Expiration. If the developer has not installed infrastructure required for the subdivision, pursuant to Section 5-280 B.5.d.(2),Infrastructure Installed,or if the Final Plat for Subdivision or Final Plat for PUD is not extended, pursuant to Section 5-280.B.5.d.(3), Extension,then the Board of County Commissioners shall initiate a hearing pursuant to Subsection 5-210.H.,Extinguishment of Approvals,to determine whether to extinguish the Final Plat for Subdivision. LAND USE REGULATIONS 5-83 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-280.SUBDIVISION e. Subdivision Agreement. (1) General.Concurrent with the approval of Final Plat for Subdivision or Final Plat for PUD,the applicant and the Board of County Commissioners shall enter into a Subdivision Agreement binding the Subdivision to any conditions placed in the Resolution. This SIA Agreement shall be signed by the Board of County Commissioners in conjunction with signature of the Final Plat. (am 3/12/02) (am 05/08/12) (2) Common Park and Recreation Areas.The Subdivision Agreement shall include a Common Open Space, Park, and Recreation Area Plan. It shall outline the area of common open space, parks,trails and recreation lands, and specify any agreement on the part of the developer to preserve the open space,parks,trails and recreation lands and how this will be implemented by deeding the land to the appropriate entity. It shall also identify any deed or other restrictions against future residential, commercial, or industrial development and shall include the terms by which any common areas will be maintained. (3) Landscape Guarantee. The Subdivision Agreement shall set down how the landscaping proposed for the subdivision will comply with Section 4- 240,Installation and Maintenance Requirements. Landscaping for a phased subdivision may be designed by phase,with installation occurring concurrent with development of each phase. The Subdivision Agreement shall include the landscaping for the entire subdivision and for each phase of the subdivision. (a) Form of Guarantee. The County may require the developer to provide a guarantee for no less than one hundred and twenty-five (125) percent of the current estimated cost of the landscaping improvements,and the landscape plan as estimated by the Planning Director,to ensure the installation of all landscaping shown and to ensure the continued maintenance and replacement of that landscaping for a period of two (2) years after installation. The guarantee shall be in a form acceptable to the County Attorney. At the developer's option,the guarantee may be provided for the entire subdivision or for each phase. The guarantee shall be provided prior to initiation of any land clearing or infrastructure development for the phase or the subdivision,whichever is applicable. (b) Release. As portions of the landscape improvements are completed, the Planning Director shall inspect them, and upon approval and acceptance,shall authorize the release of the agreed estimated cost for that portion of the improvements, except that ten(10)percent shall be withheld until all proposed improvements are completed and approved, and an additional twenty-five (25)percent shall be retained until the improvements have been maintained in a satisfactory condition for two (2) years. LAND USE REGULATIONS 5-84 EAGLE COUNTY,COLORADO Article 5 ARTICLES: ADMINISTRATION 5-290.MINOR SUBDIVISION (4) Public Improvement Guarantee. In order to ensure installation of necessary public improvements planned to accommodate the development, the Subdivision Agreement shall provide a guarantee for no less than one hundred (100)percent of the current estimated cost of such public facility improvements,as estimated by the County Engineer.The guarantee shall be in a form approved by the County Attorney. As portions of the public facilities improvements are completed, the County Engineer shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed costs for that portion of the improvements except that ten (10) percent shall be withheld until all proposed improvements are completed and approved by the County Engineer. SECTION 5-290. MINOR SUBDIVISION A. Purpose. A Minor Subdivision shall be reviewed in accordance with the provisions of this Section for Type A and Type B Subdivisions,and Amended Final Plats. B. Definitions. 1. Type A Subdivision.A Type A Subdivision is a subdivision creating not more than three(3) lots within property that has not previously been platted, or a conservation subdivision creating any number of lots within property that has not previously been platted,which shall be administered in accordance with Section 5-295., Conservation Subdivision. (am 11/07/07) 2. Type B Subdivision. A Type B Subdivision is a subdivision creating new lots within a legally approved subdivision. The Minor Type B Subdivision process is intended to serve three separate functions: (am 11/08/05) a. If the subject property is unimproved and vacant then,no more than three new lots may be created via this Minor Type B Subdivision process,unless the subdivision is pursuant to or a conservation subdivision creating any number of lots within a legally approved subdivision, which shall be administered in accordance with Section 5- 295., Conservation Subdivision. (orig 11/08/05)(am 11/07/07) b. This Minor Type B Subdivision process is the mechanism by which duplex, townhome and condominium units may be subdivided for individual sale. Subdivision of a townhome structure may also include the land upon which each unit is situated. The balance of the land area included within the Minor Type B Subdivision may be defined as a general or limited common element.Any number of duplex, townhome or condominium units may be subdivided utilizing this Minor Type B Subdivision process. (orig 11/08/05) c. This Minor Type B Subdivision process is the mechanism by which one or more patio home structures may be subdivided for individual sale. Subdivision of patio homes may define a separate lot for each unit,as well as,general or limited common elements. (orig 11/08/05) LAND USE REGULATIONS 5-85 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-290.MINOR SUBDIVISION 3. Amended Final Plat.An Amended Final Plat may be used only in the following instances: a. The proposed Amended Final Plat is part of a previously approved Final Plat. b. The proposed amendment to the Final Plat is not inconsistent with the intent of the Final Plat. c. The proposed amendment to the Final Plat does not adversely affect adjacent property owners. d. The proposed amendment to the Final Plat does not create a new lot or lots. C. Procedure. 1. Initiation. An application for either a Type A or Type B Subdivision or an Amended Final Plat shall only be submitted by the owner,or any other person having a recognizable interest in the land, or their authorized agent. Other than for Conservation Subdivisions(Refer to Section 5-295.,Conservation Subdivision)the application shall contain the materials specified in Section 5-210 D.2.,Minimum Contents of Application,and shall also contain the following additional materials, as applicable: (am 11/07/07) a. Final Plat. A final plat of the proposed subdivision in conformance with Final Plat requirements as delineated in Section 5-280.B.5.a.(1)& (2).(am 05/08/12) b. Zoning. Demonstration that the land included within the proposed subdivision is properly zoned for the proposed use. Conformance with existing zoning on the property is required. c. Access. Demonstration that all lots in the proposed subdivision have legal and physical access to a public street or rights-of-way by conventional vehicle. d. Water Supply. Satisfactory evidence demonstrating the existence of a legal, physical, adequate and dependable water supply for each lot. e. Waste Water Disposal. Satisfactory evidence,for each proposed lot,demonstrating the existence of a waste water disposal system,or other lawful means of disposing of human wastes,which complies with all applicable public health laws. f. Fire Protection. Satisfactory evidence demonstrating adequate fire protection for each proposed lot. g. Hazards. Satisfactory evidence demonstrating that all site conditions associated with the subdivision will not create hazards and all lots will contain safe, adequate building sites. h. Site Plan. A site plan, if applicable, depicting existing and proposed building locations, access drives, parking areas, landscaping, fences, signs, and any other pertinent site data. LAND USE REGULATIONS 5-86 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-290.MINOR SUBDIVISION i. Agreements. A Subdivision Improvements Agreement,off-site road improvements agreement or other agreement if required by the Board of County Commissioners. j. Restrictions. Any protective covenants,declarations,party wall agreements or other restrictions to be placed on the subdivision which shall be filed for recording in the Office of the Clerk and Recorder at the time of Final Plat recording. k. Schools. Demonstration that all applicable school land dedication or cash-in-lieu requirements have been satisfied. 2. Public Notice. Minor Subdivisions shall comply with the provisions of Section 5-210.E Notice of Public Hearing, except that Type Minor B Subdivisions are exempt from this requirement unless the application is for the creation of three(3)or fewer lots from otherwise unimproved land. (am 9/27/99) 3. Review of Applications. The submission of an application for minor subdivision, and determination of its sufficiency, shall comply with the procedures established in Section 5- 210, Common Procedures for Review of Applications. In addition, the Staff Report shall outline any revisions that need to be made to the Type A or Type B Subdivision to ensure that it complies with the requirements of this Section. (am 9/27/99) 4. Revised Subdivision Mylar. Prior to scheduling the application for hearing before the Board of County Commissioners, the applicant shall submit to the Planning Director all Improvement Agreements for Board signature,and a properly signed and notarized Mylar of the Subdivision showing all necessary revisions as required by the Planning Director,together with two(2)paper copies of it. Upon review and approval by the Eagle County Attorney,the plat shall be scheduled for the next available hearing date of the Board of County Commissioners. (am 9/27/99) 5. Other. If required within a PUD the Community Development Certificate may also be required to be on the Plat. (am 3/12/02) D. Action on Type A Subdivision.After receipt of the Staff Report on the Type A Subdivision and the revised subdivision Mylar, Improvement Agreements, and certificates, the Board of County Commissioners shall review the application and other support materials and approve,or disapprove the Type A Subdivision based on the standards in Section 5-290.G., Standards. E. Action on Type B Subdivision.After receipt of the Staff Report on the Type B Subdivision and the revised subdivision Mylar,Improvement Agreements,and certificates,and in the event the application is for the subdivision of a duplex,patio homes or a structure containing condominiums or townhomes, the Planning Director shall review the application and other supporting materials and administratively approve,or disapprove the Type B Subdivision based on the standards in Section 5-290.G.,Standards. If the Planning Director approves the Type B Subdivision,as specifically provided above,the Final Plat shall be signed by the Chair of the Board of County Commissioners. If the application is for the creation of three(3)or fewer lots from otherwise unimproved,vacant land that has previously been subdivided then, the Board of County Commissioners shall review the application and other supporting materials and approve or disapprove the Minor Type B Subdivision Plat based on the standards of Section 5-290.G., Standards. (am 11/08/05) LAND USE REGULATIONS 5-87 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-290. MINOR SUBDIVISION F. Action on Amended Final Plats. After receipt of the Staff Report on the Amended Final Plat and the revised Amended Final Plat Mylar,Improvements Agreements,and certificates,the Board of County Commissioners shall review the application and other support materials and approve, or disapprove the Amended Final Plat based on the standards in Section 5-290.G., Standards.. 1. Administrative Approval of Amended Final Plats. The Planning Director may administratively approve an application for an Amended Final Plat("Administrative Amended Final Plat")with the exception of applications that request the removal of a restrictive plat note.Application requesting removal of a restrictive plat note will be reviewed by the Board of County Commissioners pursuant to 5-290.F. No less than fifteen (15) calendar days prior to the date of the Director's approval or denial of an application for Administrative Amended Final Plat, the Director, or its assigns,shall send a notice containing all the information required under Section 5-210.E.1.,Notice in Newspaper,by mail,first-class postage prepaid,to all owners of land adjacent to the affected property. The Planning Director, or assigns, shall also be responsible for placing notice in the newspaper in accordance with Section 5-210.E.1,Notice in Newspaper.The Director shall consider the application, relevant supporting materials and any public comment submitted in response to the application for Administrative Amended Final Plat.On the date set for issuance of the Director's determination,the Director shall approve or disapprove the Administrative Amended Final Plat based on whether the division is within the purposes of Section 5-290,Minor Subdivision;adequate access,potable water, and sewage are available;whether the Administrative Amended Final Plat will not create hazards;and whether the lot will contain a safe,adequate building site.The Director's determination will be posted on Eagle County's website. The Director's determination shall be final thirty(30)calendar days from the date of the Director's decision on the Administrative Amended Final Plat,unless the determination is appealed to the Board under the provisions of Section 5-2400. Once the Director's determination is final,the Director will present the Amended Final Plat to the Chair of the Board for signature. G. Standards. The Board of County Commissioners and the Planning Director shall consider the following in the review of a Type A Subdivision,a Type B Subdivision,and an Amended Final Plat. 1. Standards for Type A Subdivision. (orig 3/12/02) a. Consistent with Comprehensive Plan. The proposed subdivision shall be in substantial conformance with the purposes, intents, goals and policies of the Eagle County Comprehensive Plan, Area Community Plans and any applicable ancillary County adopted documents pertaining to natural resource protection, affordable housing or infrastructure management. (am 11/08/05)(am 05/08/12) b. Consistent with Land Use Regulations. The proposed subdivision shall comply with all of the standards of this Section and all other provisions of these Land Use Regulations,including,but not limited to,the applicable standards of Article 3,Zone Districts, and Article 4, Site Development Standards. c. Spatial Pattern Shall Be Efficient. The proposed subdivision shall be located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services,or required duplication or premature extension of public facilities,or result in a leapfrog pattern of development. (1) Utility and Road Extensions. Proposed utility extensions shall be consistent with the utility=s service plan or shall require prior County LAND USE REGULATIONS 5-88 EAGLE COUNTY,COLORADO Arucle 5 ARTICLE 5: ADMINISTRATION 5-290.MINOR SUBDIVISION approval of an amendment to the service plan. Proposed road extensions shall be consistent with the Eagle County Road Capital Improvements Plan. (2) Service Ultimate Population. Utility lines shall be sized to serve the planned ultimate population of the service area in order to both avoid future land disruption, and the necessity of upgrading under-sized lines. d. Suitability for Development. The property proposed to be subdivided shall be suitable for development, considering its topography,environmental resources and natural or man-made hazards that may affect the potential development of the property, and existing and probable future improvements to the area. e. Compatible with Surrounding Uses. The proposed subdivision shall be generally compatible with the existing and currently permissible future uses of adjacent land and other substantially impacted land, services or infrastructure improvements.(am 05/08/12) f. Improvements Agreements. The adequacy of the proposed Improvements Agreement,where applicable. g. Conformance with Final Plat Requirements. Its conformance with the Final Plat requirements and other applicable regulations,policies, standards, and guidelines. 2. Standards for Type B Subdivision (am 3/12/02) a. Access, Water and Sewage. The adequacy of access, potable water, and sewage disposal on the land to be subdivided; b. Conformance with Final Plat Requirements. Its conformance with the Final Plat requirements and other applicable regulations,policies,standards,and guidelines; c. Improvements Agreements. The adequacy of the proposed Improvements Agreement,where applicable. 3. Standards for Amended Final Plat. a. Adjacent Property. Review of the Amended Final Plat to determine if the proposed amendment adversely affects adjacent property owners. b. Final Plat Consistency. Review of the Amended Final Plat to determine that the proposed amendment is not inconsistent with the intent of the Final Plat. c. Conformance with Final Plat Requirements. Review of the Amended Final Plat to determine if the proposed amendment conforms to the Final Plat requirements and other applicable regulations,policies and guidelines. d. Improvements Agreement. Adequacy of the proposed improvements agreements and/or off-site road improvements agreement when applicable. LAND USE REGULATIONS 5-89 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-295 CONSERVATION SUBDIVISION e. Restrictive Plat Note Alteration. If the amendment is an alteration of a restrictive plat note at least one of the following criteria must be met: (1) That the area for which the amendment is requested has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area;or (2) That the proposed amendment is necessary in order to provide land for a demonstrated community need. SECTION 5-295. CONSERVATION SUBDIVISION (orig. 11/07/07) A. Purpose. In a Conservation Subdivision, previously referred to in these Land Use Regulations as Cluster Development,lots smaller than would otherwise be allowed by the governing zone district are grouped or"clustered"in one or more limited areas on the subject property,the location of which is determined through adherence to certain design standards. A density bonus may be allowed. In exchange, the balance of the property must be set aside, in a manner acceptable to the County Attorney, as a permanent Conservation/Agricultural Lands Tract (see example diagrams under the definition for'Conservation Subdivision' in Article 2). The potential for a density bonus and reduced infrastructure costs provide incentive to a landowner, while the residents of the subdivision and the public benefit from creative designs and layouts that reduce site disturbance and preserve scenic quality, wildlife habitat, sensitive lands, and agricultural uses.(am 05/08/12) B. Applicability. 1. Zone Districts. A Conservation Subdivision is a use allowed by Special Review in the Resource (R), Resource Limited (RL), Agricultural Residential (AR) and Agricultural Limited (AL)zone districts. 2. Minimum Land Area. The following minimum land areas are required: Zone District Minimum Land Area Resource(R) 70 acres Resource Limited(RL) 40 acres Agricultural Residential (AR) 20 acres Agricultural Limited(AL) 10 acres C. Uses. The zoning designation on a property approved for a Conservation Subdivision shall remain unchanged. As such, lots created through this process will be considered legal non-conforming lots, with uses detailed in Section 6-120,Nonconforming Lots of Record. D. Procedure 1. Initiation. Applications for a Conservation Subdivision may be submitted at any time to the Department of Community Development by the owner, or any other person having a recognizable interest in the land for which the Conservation Subdivision is proposed,or their authorized agent. Prior to submission of an application for a Conservation Subdivision,the LAND USE REGULATIONS 5-90 EAGLE COUNTY,COLORADO Article 5 ARTICLES: ADMINISTRATION 5-295.CONSERVATION SUBDIVISION Applicant shall participate in a pre-application conference with the Planning Director or his designee pursuant to Section 5-210.C.,Pre-application Conference. 2. Application Contents. The application shall contain the materials specified in Section 5- 210.D.2.,Minimum Contents of Application,and any or all of the following requirements,as determined necessary by the Director of Community Development: a. Physical Characteristics and Site Plan. One or more site plans with photographs and/or maps depicting topography, drainage and water features, hazard areas, agricultural resource areas,wildlife habitat and other natural resource areas,sites of any historic or archaeological significance, scenic resources, and existing and proposed building locations, roads and access drives, landscaping, fences, and any other prominent features or land uses. b. Request for Density Bonus, if applicable. (See Section 5-295.F,Density Bonus.) c. Request for Accessory Dwelling Units and/or Agricultural Buildings, if applicable. d. Final Plat.A final plat of the proposed subdivision which conforms with Final Plat requirements of Section 5-280.B.5.,Final Plat for Subdivision. e. Zoning. Demonstration that the land included within the proposed subdivision is properly zoned for the proposed use. f. Access. Demonstration that all lots in the proposed subdivision will be provided safe, efficient and legal access using the minimum practical roadway length. In areas of medium or high wildfire hazard, dual access to residential clusters, as detailed in Section 4.430,Development in Areas Subject to Wildfire Hazards,may be required. g. Variance from Improvement Standards, if applicable, pursuant to Section 5- 260.G.,Variance from Improvement Standards. h. Water Supply. Satisfactory evidence demonstrating the existence of an adequate, dependable and legally obtained water supply for each building site. i. Waste Water Disposal. Demonstration that each proposed building site will be provided with a waste water disposal system which complies with all applicable public health laws. j. Fire Protection. Satisfactory evidence demonstrating adequate fire protection for each proposed building site. k. Adequate Facilities. Demonstration that all proposed building sites will be provided electrical,telecommunication and solid waste disposal services,will be in reasonable proximity to schools (or transportation will be provided), and that each residential unit will have reasonable access by emergency service providers. LAND USE REGULATIONS 5-91 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-295.CONSERVATION SUBDIVISION I. Hazards. Satisfactory evidence demonstrating that all improvements associated with the proposed subdivision will not create hazards, and that all lots will contain safe, adequate building sites. If residential clusters are proposed for areas of medium or high wildfire hazard, a Vegetation Management Plan, pursuant to Section 4-430, shall also be required. m. Conservation/Agricultural Lands Management Plan. Provisions and documents associated with the creation and ownership of all areas proposed for conservation and/or continued agricultural uses, including a specific plan, satisfactory to the County Attorney,which details provisions for(1)the management and maintenance of the conservation/agricultural lands tract in perpetuity for its intended use and, where appropriate, (2) the permanent availability of sufficient water rights to implement the Management Plan.The Conservation/Agricultural Lands Management Plan shall be filed for recording in the Office of the Clerk and Recorder with the recording of the resolution approving the special use permit. Any protective covenants, declarations or other restrictions to be placed on the subdivision, including those related to the long term ownership and maintenance of conservation/agricultural land tracts,shall also be filed for recording in the Office of the Clerk and Recorder either with the resolution approving the special use permit or at the time of Final Plat recording.(am 05/08/12) n. Housing Plan. A Local Resident Housing Plan as specified in the Eagle County Local Resident Housing Guidelines. o. Common Ownership of Contiguous Parcels.Disclosure of all contiguous parcels in which the owner or the applicant has an ownership interest. 5. Process. Review and final approval of Conservation Subdivisions shall be accomplished by Special Use Permit pursuant to Section 5-250, Special Uses, and either a Type A Minor Subdivision or a Type B Minor Subdivision,as applicable,pursuant to Section 5-290,Minor Subdivision. 6. Review of Applications.Review of an application by Staff,determination of sufficiency and completeness, referral to outside agencies, and scheduling for public hearing for a Conservation Subdivision shall comply with the procedures established in Section 5-210.D, Common Procedure for Review of Applications. 7. Review and Recommendation of the Planning Commission.The Planning Commission shall conduct a public hearing on an application for a Conservation Subdivision, and shall consider the application, the relevant support materials, the Staff report, and any public testimony. At the close of the public hearing,the Planning Commission shall provide to the Board of County Commissioners a recommendation to either approve, approve with conditions, or disapprove the application based on the standards in Section 5-295.G., Standards. LAND USE,REGULATIONS 5-92 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-295.CONSERVATION SUBDIVISION 8. Action by Board of County Commissioners. After receipt of the recommendation from the Planning Commission,the Board of County Commissioners shall conduct a public hearing on an application for a Conservation Subdivision. At the public hearing,the Board of County Commissioners shall consider the application,the relevant support materials,the Staff report, the Planning Commission recommendation,and any public testimony given. At the close of the public hearing, the Board of County Commissioners, by a majority vote, shall either approve, approve with conditions, or disapprove the application based on the standards in Section 5-295.G., Standards. E. Conservation Subdivision Design Criteria 1. Efficient layout. The design of a Conservation Subdivision shall result in contiguous residential lots concentrated into one or more portions of the property such that development of lands of significant conservation value is avoided, and road lengths, driveways, service infrastructure needs and land disturbances are minimized. In addition, opportunities for energy efficient construction should be maximized to the greatest extent possible. 2. Road and infrastructure alignments. Roads and utilities shall be located in a manner that results in minimal site disturbance, and shall avoid steep slopes, environmentally sensitive areas,ridgelines and other sites of high visibility. Where a group of lots borders a public road, direct access to such road or highway from individual lots, units or buildings shall not be permitted. 3. Resource Protection a. Conservation/Agricultural Lands Tract. The design of a Conservation Subdivision shall result in the creation of a contiguous tract of land that is no less than 67%of the property covered by the application,excluding floodplains,utility corridors and established rights of way,which will remain in an undeveloped state. To the greatest extent possible,this Tract shall contain the following: (1) Lands of existing agricultural production,including irrigated fields, pastures or croplands. (2) Identified wildlife habitat and wildlife migration corridors, or buffer zones necessary to protect the same. (3) Streams, drainages,wetlands,ground water recharge areas and riparian habitats. (4) Lands of significant scenic or cultural value. (5) Natural hazard areas including steep slopes, floodplains,debris flow paths and avalanche paths,including all flooding requirements per section 3-350.L. (am 01/07/14) (6) Unique landforms or topographic features. b. Building Envelopes. All residential and accessory residential structures within a Conservation Subdivision shall be located within building envelopes,each of which is no more than three(3)acres in size,and located on that portion of the property deemed most suitable for development. Building envelopes shall be indicated on the Final Plat for the subdivision. LAND USE REGULATIONS 5-93 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-295.CONSERVATION SUBDIVISION 4. Shared Septic Systems. If septic systems are to be used for waste water disposal, shared septic systems are encouraged to the extent determined to be practicable by the Eagle County Environmental Health Department. Demonstration of an maintenance program shall be provided which is determined by the Eagle County Environmental Health Department to be adequate. 5. Maximum Size of Dwelling Units a. Primary Dwelling Units.Primary dwelling units shall be limited to a maximum floor area of 5,000 square feet. b. Accessory Dwelling Units.Accessory dwelling units shall conform to the provisions of Section 3-310.A.,Accessory Dwelling Unit. 3. Residential Building Sites not in a Cluster. On parcels larger than 70 acres in the Resource Zone district, and on parcels larger than 40 acres in the Resource Limited Zone district,one residential building site may be located outside the grouped lots. All residential and accessory residential structures associated with this isolated building site must be located within a designated building envelope, as indicated on the final plat for the subdivision. The area of the building envelope shall not count in the calculation of acreage required for the Conservation/Agricultural Use Tract. Unless pre-existing,the location of this building site should also conform to the greatest extent possible to established Conservation Subdivision Criteria. 4. Maximum number of Dwelling Units Per Cluster. The maximum number of home sites allowed within individual residential"clusters"shall depend on the subject property's physical characteristics and the degree to which the proposal conforms to these Design Criteria. The following may,at the discretion of the Director of Community Development,be required for Conservation Subdivision applications that result in five(5) or more single family lots: a. Plans for shared water and wastewater systems. b. A Landscaping Plan for common areas. c. Internal pathways. d. A Storm Water Management Plan. e. Conformance to Eagle County Housing Guidelines regarding workforce housing. f. Conformance to Eagle County Land Use Regulations Chapter 6, Matters of State Interest. g. A development phasing plan. 8. Minimum Residential Lot Size. The size of residential lots within a Conservation Subdivision may vary based on existing improvements,the physical characteristics of the land and the outcome desired by the property owner. In no event shall the total acreage of lands set aside for residential lots or building sites exceed 33%of the parcel or parcels covered by the application. Satisfactory evidence demonstrating the existence of a legal, physical, adequate and dependable water and sufficient wastewater treatment, as determined by the Eagle County Environmental Health Department,will be provided for all of the residential lots. 9. Accessory Dwelling Units. If desired, a specific request for the inclusion of accessory LAND USE REGULATIONS 5-94 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-295.CONSERVATION SUBDIVISION dwelling units(ADU)may be made with the application for a Conservation Subdivision. An ADU must be an integral part of the principal residential structure on the lot. If approved, accessory dwelling units will not count towards applicable density limitations for the property, but they will be included in the calculation of single family equivalents(SFE)with respect to the applicability of Chapter VI, Matters of State Interest, of the Eagle County Land Use Regulations. If an application for one or more accessory dwelling units is submitted subsequent to approval of a special use permit for a clustered subdivision and would result in the total number of dwelling units in the subdivision to be ten (10) or more and would therefore be subject to Chapter VI, Matters of State Interest, of the Eagle County Land Use Regulations,then the entire Conservation Subdivision shall be subject to the provisions of Chapter VI,Matters of State Interest. 10. Dimensional Limitations.With the exception of minimum lot size,dimensional limitations for residential lots in a Conservation Subdivision shall be equivalent to the limitations listed in Table 3-340, Schedule of Dimensional Limitations, for the underlying zone district. For lots of 15,000 square feet or smaller,floor area ratios and maximum lot coverage regulations shall be consistent with those listed for the zone district with the largest minimum lot size within which the subject lot would be found to be conforming in size. 11. Access to the Conservation/Agricultural Lands Tract. Each residential lot within a Conservation Subdivision may or may not be provided access to the development's conservation/agricultural land tracts depending on the goals and objectives of the project's Conservation/Agricultural Lands Management Plan(See Section 5-295.D.2.m). 12. Landscaping,Lighting and Fences. Landscaping and lighting shall conform to Section 4- 230, Landscaping Design Standards and Materials, and Section 4-250, Illumination Standards, and shall be installed in such manner as to not detract from the character of the area. With the exception of areas within platted building envelopes, fences shall be wire strand or constructed of unpainted natural materials, and shall be wildlife friendly. 13. Signs. Signs shall be limited to those necessary to provide direction and/or safety on public or private travel routes. Entry monuments or entry gates,where appropriate,shall be designed to conform to the rural character of the area. F. Density Bonus and Maximum Densities Allowed. If desired,the Applicant shall include a request for a density bonus in the application material submitted. The density bonus allowed within a Conservation Subdivision shall not exceed the maximums provided below,and shall otherwise depend on the physical characteristics of the property and the degree of conformance of the site plan to the criteria provided in Section 5-295.E.,Conservation Subdivision Design Criteria.If a property contains an existing residential dwelling, that dwelling shall count as one residential lot in the following calculations. Table 5-295. Maximum Number of Dwelling Units ter Acre by Zone District Percent of Site(%)Designated as Resource Agricultural Agricultural Conservation/Agricultural Land Tract Resource Limited Residential Limited At least 67%but less than 75% 1 /25 1 / 14 1 /7 1 /3.5 At least 75%but less than 85% 1 /20 1 / 12 1 /6 1 /3 LAND USE REGULATIONS 5-95 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-295.CONSERVATION SUBDIVISION 85%or more 1 / 17.5 1 / 10 1 /5 1 /2.5 G. Standards. The Conservation Subdivision shall comply with Section 5-250.B, Standards for Special Use, and Section 5-290.G.1 Standards for Minor Subdivision,as applicable for a Type A or Type B Minor Subdivision, respectively. In addition,the following standards shall apply: 1. Design Criteria.The conservation subdivision shall conform to the Conservation Subdivision Design Criteria of this Section. 2. Improvements. The improvements standards applicable to the Conservation Subdivision shall be as specified in Article 4, Division 6, Improvements Standards. However, the development may deviate from the County's road standards in order to better meet the criteria listed in Section 5-295.E., Conservation Subdivision Design Criteria. The following improvement standards shall apply: a. Safe,Efficient Access. The circulation system is designed to provide safe, convenient access to all common areas of the proposed development using the minimum practical roadway length. Access shall be by a public right-of-way, private vehicular or pedestrian way or a commonly owned easement. No roadway alignment, either horizontal or vertical, shall be allowed that compromises one(1) or more of the minimum design standards of the American Association of State Highway and Transportation Officials(AASHTO)for that functional classification of roadway. b. Internal Pathways. If required, internal pathways shall form a logical, safe and efficient system for pedestrian access to dwelling units and common areas, with appropriate linkages off-site. c. Emergency Vehicles. Roadways shall be designed to permit access by emergency vehicles to all lots or units. Access easements shall be granted for emergency vehicles and utility vehicles, as applicable,to use private roadways and other areas within the development for the purpose of providing emergency services and for installation,maintenance and repair of utilities. d. Principal Access Points. Principal vehicular access points shall be designed to provide for smooth traffic flow, minimizing hazards to vehicular,pedestrian or bicycle traffic. Where a group of lots borders a public road, direct access to such road or highway from individual lots, units or buildings shall not be permitted. e. Snow Storage. Adequate areas shall be provided to store snow removed from roads and from vehicle turnaround areas. 3. Facilities. The proposed Conservation Subdivision shall be adequately served by public or private facilities and services, including roads, potable water and wastewater facilities, schools, public safety,fire protection and emergency medical services. 4. Conformance with Final Plat Requirements. Final Plat requirements and other applicable regulations,policies, standards, and guidelines shall be met. IAND USE REGULATIONS 5-96 EAGLE COUNTY,COLORADO Article 5 ARTICLE S: ADMINISTRATION 5-295.CONSERVATION SUBDIVISION 5. Preservation of Lands of Significant Conservation Value. Areas of significant conservation value shall be preserved within the subdivision. a. Uses Allowed. Conservation/agricultural lands tracts within Conservation Subdivision shall remain primarily undeveloped. Seasonal closures to protect growing crops, livestock or sensitive wildlife habitat shall be permitted. The following uses shall be allowed: (1) Agricultural production, farming,ranching and ancillary agricultural structures, including equestrian facilities,except boarding stables, as allowed in the underlying zone district. (2) Low impact dispersed recreation including hiking,hunting,fishing, horseback riding,Nordic skiing, and mountain biking. (3) The construction of unpaved trails for the purposes of public or private access. (4) The construction of rustic camping or other rustic facilities(i.e.,huts, shelters, etc.)in conjunction with low-impact dispersed recreational uses. (5) Shared well and/or shared septic system improvements. c. Uses not allowed. Conservation/agricultural land tracts created within a Conservation Subdivision shall expressly not be used for the construction or operation of developed recreational facilities such as golf courses, athletic fields, motorized vehicle tracks, or other improvements that would support non-dispersed types of recreation,or activities that would be inconsistent with the preservation of the character of the land, including special events. d. Continued Use and Maintenance. All privately owned conservation/ agricultural lands shall continue to conform to their proposed uses. To ensure that all conservation/agricultural lands identified on the final plat will be used accordingly,restrictions shall be placed on the Conservation Subdivision final plat and in each related property deed conveying a separate interest in the property to ensure continued maintenance pursuant to the Conservation/Agricultural Lands Management Plan and to prohibit the further subdivision of any conservation/agricultural lands areas. e. Organization. If conservation/agricultural lands are proposed to be maintained pursuant to the Conservation/Agricultural Lands Management Plan through an association or nonprofit corporation, such organization shall manage all conservation/agricultural lands and related facilities that are not dedicated to the public, and shall provide the maintenance,administration and operation of such land,and secure adequate liability insurance on the land. The association or nonprofit corporation shall be established prior to the separate sale of any lots or units within the subdivision.Membership in the association or nonprofit corporation shall be mandatory for all landowners within the clustered subdivision. If the conservation/agricultural lands area is to be held in single or multiple ownership as a conservation tract,a conservation easement in favor of either a land trust or similar conservation-oriented non-profit organization and/or a LAND USE REGULATIONS 5-97 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-300.LIMITED REVIEW USE governmental entity with an interest in pursuing goals compatible with the purposes of this section shall be placed on the entirety of the tract. H. Effect of Approval of a Conservation Subdivision Plat. All Conservation Subdivision Final Plats shall be subject to the provisions of Section 5-280.B.5.d.,Effect of Approval of a Final Plat for Subdivision. I. Subdivision Agreement. All Conservation Subdivisions shall be subject to the provisions of Section 5-280.B.5.e., Subdivision Agreement. SECTION 5-300 LIMITED REVIEW USE A. Limited Review Use. Limited Review Uses are those that may be considered compatible with other uses in a zone district, and have minimal impacts. They are subject to an abbreviated review of the standards applicable to the proposed use. All proposed Limited Review Uses shall comply with the provisions of this Section 5-300 Limited Review Use. B. Procedure. Applications for Limited Review Uses may be submitted at any time to the Planning Director by the property owner, or their authorized Agent. 1. Application Contents. The application shall contain the materials specified in Section 5- 210.D.2 Minimum Contents of Application,and the following: a. Site Plan. A detailed site plan of the property,drawn to scale,that shows all existing natural and man-made features, including driveways to public ways, and the proposed development of the property. If the application is for an accessory dwelling unit or any use that will result in a building permit, the application may be accompanied by the building permit application. b. Written Description. A written description of the proposal in sufficient detail to describe the nature of the proposed use,how it will be operated,and how its impacts on surrounding properties will be minimized and mitigated. c. Other Materials. Evidence to show conformance with the Minimum Standards for the particular use as indicated in Section 3-310 Review Standards or Section 3-330, Review Standards, if any. 2. Public Notice. Notification that an application for a Limited Review Use has been received by the Eagle County Planning Department(use to be specified)shall be sent by mail, first- class postage prepaid, to all landowners of the land subject to the application, all adjacent landowners,and,if applicable,the homeowners association of the development in which the property is located. The notice shall contain all of the applicable information required under Section 5-210.E.1.Notice in Newspaper,and shall be sent no less than fifteen(15)calendar days prior to the date on which the Eagle County Planning Director is scheduled to render a decision on the application. 3. Review of Applications. The sufficiency of a Limited Review Use application shall be determined by the Planning Director based on compliance with the Minimum Standards for LAND USE REGULATIONS 5-98 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5. ADMINISTRATION 5-300.LIMITED REVIEW USE the particular use as noted in Section 3-310 Review Standards or Section 3-330 Review Standards. 4. Action on Limited Review Use Applications. a. Application determination. Once the application is deemed complete,a decision approving, approving with conditions or denying the Use shall be issued by the Planning Director within five(5)working days,provided that in no event will such a decision be issued earlier than fifteen(15)days after public notice has been given. Approval of the Use shall result in the issuance of a Section 5-2100 Certificate of Zoning Compliance unless approval of the Use results in a Building Permit,in which case the issuance of the Building Permit shall constitute the issuance of the Certificate of Zoning Compliance. b. Review by the Board of Eagle County Commissioners. In the event that public notice results in written comments in opposition to the proposed Limited Review Use,and said opposition is based on relevant development standard(s)in these Land Use Regulations, the Planning Director shall place the Limited Review Use application on the earliest available scheduled meeting agenda of the Board of Eagle County Commissioners, provided that the Planning Director=s review has been completed and a staff report with all supporting materials has timely been prepared in advance of the hearing. The Board of County Commissioners shall review the Limited Review Use application pursuant to Section 5-210.F.5 Conduct of Public Hearing,and shall approve, approve with conditions,or disapprove the application based on whether it conforms to the standards set forth in Section 5-300 Limited Review Uses. 5. Time Limitations. Except where otherwise expressly provided herein or in the Article 3 review standards applicable to the use,approval of a Limited Review Use shall be valid for a period of three (3) years from the date of the issuance of the Certificate of Zoning Compliance. a. A Limited Review Use established during this three year period is valid for the life of the Use,or the period provided in(b.)below,whichever is shorter;a discontinuation of the actual Use for a period of twelve(12)months shall be deemed an abandonment of the Use. b. If a Building Permit for structures integral to the Use is issued during this three year period or the period provided in(a.)above,whichever is shorter,approval of the Use shall be valid for the life of the structure; c. Any Limited Review Use that is temporary, or has received conditional approval limiting the length of its approval,shall only be valid for the time period specified in the Certificate of Zoning Compliance. d. The duration of the Limited Review Use shall not change with successive owners of the property to which it applies. LAND USE REGULATIONS 5-99 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-2100.CERTIFICATE OF ZONING COMPLIANCE e. Extension. Upon written request,extension of a Certificate of Zoning Compliance may be granted by the Board of County Commissioners,not to exceed two(2)years in length,if the applicant demonstrates by competent substantial evidence that failure to proceed with development of the Limited Review Use was beyond the applicant's control,the Limited Review Use is not speculative in nature,the Limited Review Use still complies with these Land Use Regulations and the Comprehensive Plan,and there is a reasonable likelihood that the Limited Review Use will be developed in the next two(2)years. No request for an extension shall be considered unless a written application requesting the extension is submitted to the Planning Director no later than thirty (30) calendar days prior to the date that the Certificate of Zoning Compliance is to expire. (am 11/08/05) f. Building Permits. The time limitations in this Section do not affect the time limits applicable to a Building Permit. The effective period thereof, and any extension thereof,is determined only in accordance with the Eagle County Building Resolution. (am.9/27/99) SECTION 5-2100. CERTIFICATE OF ZONING COMPLIANCE A. Purpose. A Certificate of Zoning Compliance shall be required in accordance with the provisions of this Section in order to ensure that proposed development complies with the standards in these Land Use Regulations. B. Applicability. Issuance of a Building Permit or Development Permit shall constitute the issuance of a Certificate of Zoning Compliance. C. General. Prior to the issuance of the Building Permit,the Planning Director shall review all Building Permit applications and Development applications to ensure they are in compliance with these Land Use Regulations. D. Procedure. 1. Initiation. An application for a Certificate of Zoning Compliance shall only be submitted by the owner,or any other person having a recognizable interest in the land,or their authorized agent. 2. Submission of application. An application for a Certificate of Zoning Compliance shall be submitted to the Planning Director. (am 3/12/02) 3. Contents of application. The application shall be in a form established by the Planning Director and made available to the public. SECTION 5-2200. PUBLIC WAY AND EASEMENT VACATIONS A. General. Public way and easement vacations accomplished pursuant to this Section shall be in compliance with and subject to C.R.S. 43-2-301,et. seq. LAND USE REGULATIONS 5-100 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-2200.PUBLIC WAY AND EASEMENT VACATIONS B. Applicability.As used in this Section,the terms'road'and'easement'shall be deemed to include any and all parcels upon which there has been legally sufficient acceptance of said dedication by the public or authorized agents,representatives or officials. C. Procedure. 1. Initiation. An application for a vacation of public way or easements shall only be submitted by the owner, or any other person having a recognizable interest in the land, or their authorized agent. 2. Submission of application. An application for a vacation of public way or easement shall be submitted to the County Engineer. The application shall contain the materials specified in Section 5-210.D.2., Minimum Contents of Application. It shall also include a Petition requesting the vacation which is signed by the owners of all abutting land whose means of legal ingress and egress would be affected by the vacation. The Petition shall set forth the reasons for the vacation together with the names, street, mailing, and legal addresses of all abutting or adjacent landowners, or other landowners whose interests therein might be adversely affected by, or who may be interested in, such vacation. The Petition shall be accompanied by a map that shows the road or easement sought to be vacated as well as the property owners described above. 3. Staff Review of Petition. Upon receipt of the Petition,the Planning Director shall refer a copy of the Petition and the map to affected government agencies and public and private utility concerns for their review and comment within thirty (30) calendar days,and also refer the Petition to the Community Development staff for their review. After receipt of the comments from the other affected governments and utilities, the Planning Department shall complete a Staff Report on the proposed vacation,provide notice of hearing pursuant to Section 5-2200.C.4.,Public Notification,and schedule the Petition for review by the Planning Commission. 4. Public Notification. a. Planning Commission. A minimum of fifteen (15) calendar days prior to the Planning Commission public hearing,the Planning Director shall give notice by mail to all persons that own land that is adjacent to the proposed vacation or who own land that could be affected by the proposed vacation. The notice shall: (1) state that a Petition to vacate has been submitted and identify the public way or easement that is proposed to be vacated; (2)briefly state the reasons given for the vacation; and(3) give the date,time,and place of the hearing on the vacation. b. Board of County Commissioners.A minimum of thirty(30)calendar days prior to the Board of County Commissioners public hearing, the Planning Director shall publish notice of the hearing in a newspaper of general circulation in the County . The notice shall:(1)state that a Petition to vacate has been submitted and identify the road ROW or easement that is proposed to be vacated; (2)briefly state the reasons given for the vacation;(3)provide the recommendation of the Planning Commission; and(4)give the date,time, and place of the hearing on the vacation. D. Review and Recommendation of Planning Commission. After receipt of the Staff Report and the mailing of notice,the Planning Commission shall conduct a public hearing on a proposed vacation. At LAND USE REGULATIONS 5-101 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-2300.BENEFICIAL USE DETERMINATION the public hearing, the Planning Commission shall consider the Petition, the relevant support materials,the Staff Report, and the public information given at the public hearing. After the close of the public hearing, the Planning Commission, by a majority vote of the quorum present, shall recommend to the Board of County Commissioners either to approve, approve with conditions, or disapprove the Petition based on the standards in Section 5-2200 F., Standards. E. Action by Board of County Commissioners.After receipt of the recommendation from the Planning Commission, the Board of County Commissioners shall conduct a public hearing on the proposed vacation. At the public hearing,the Board of County Commissioners shall consider the Petition,the relevant support materials,and the public testimony given at the public hearing. After the close of the public hearing,the Board of County Commissioners,by a majority vote of the quorum present,shall either approve,approve with conditions,or disapprove the Petition for vacation based on the standards in Section 5-2200.F, Standards. F. Standards. The vacation shall be demonstrated to be in the general interest of the public=s health, safety, and welfare, not to be in violation of law, and to be in compliance with these Land Use Regulations and the Comprehensive Plan and shall comply with the following: (am 11/08/05) 1. Access to a Public Road. No roadway shall be vacated so as to leave any adjoining land without a means of access to another public road. 2. Easements. In granting a vacation,the County may reserve easements for the installation or maintenance of utilities, ditches and similar improvements. G. Vacation Effective. No vacation shall be considered effective unless within a reasonable time following approval of the vacation by the Board of County Commissioners,the following conditions are met: 1. Record Deeds. Quit claim deeds have been duly recorded in the Office of the County Clerk and Recorder which cumulatively relinquishes all rights, claims and interests that all interested parties, including public and private utility companies, may have in the road or easement to be vacated;and 2. Resolution. A Resolution of the Board of County Commissioners has been duly executed and recorded in the Office of the County Clerk and Recorder evidencing the approval of the Board of the vacation of the subject road or easement. SECTION 5-2300. BENEFICIAL USE DETERMINATION If, after the submission and decision on the appropriate applications for development permits for land development, a landowner in unincorporated Eagle County is of the opinion that all economically beneficial use of that landowner's land has been denied by the application of these Land Use Regulations, then the procedures of this Section shall be used prior to seeking relief from the courts in order that any denial of economically beneficial use of land may be remedied through a non-judicial forum. A. Purpose. The purpose and intent of the Board of County Commissioners is that every landowner in the unincorporated County enjoys an economically beneficial use of land. It is also the purpose and LAND USE REGULATIONS 5-102 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-2100.BENEFICIAL USE DETERMINATION intent of this Section to provide for relief to the landowner,where appropriate,from the application of these Land Use Regulations. The procedures set forth in this Section are intended to permit landowners who believe they have been deprived of economically beneficial use of their land to apply to the Board of County Commissioners for relief sufficient to provide economically beneficial use of the land. B. Procedure. 1. Application for an Appeal for Beneficial Use Determination. An Appeal for a Beneficial Use Determination may be made by a landowner to the Planning Director at any time. 2. Contents of Application. The application shall contain the materials specified in Section 5- 210 D.2.,Minimum Contents of Application and shall also include the following materials: a. Date of, and Offers to Purchase. Documentation of the date of purchase and the purchase price of the land,and any offers to purchase the land made by any person within the last three(3)years. b. Description of Land. A description of the physical features present on the land,the land's total acreage,the present use of the land,and the use of the land at the time of the adoption of these Land Use Regulations. c. Improvements to Land. Evidence of any investments made by the landowner to improve the land, the date the improvements were made, and the costs of the improvements. d. Description of Regulations and Uses. A description of the uses of land that were allowed when the land was purchased by the landowner. In addition,a description of the regulations and uses permitted which are alleged to result in an elimination of economically beneficial use of the land together with all appraisals,studies,any other supporting evidence, and any actions taken by Eagle County related to the land. e. Description of Minimum Beneficial Use. A description of the use that the landowner believes represents the minimum legally required economically beneficial use of the land and all documentation,studies,and other supporting evidence thereof. 3. Determination of Sufficiency. The Planning Director shall determine if the application is sufficient and includes data in sufficient detail to evaluate the application to determine if it complies with the appropriate substantive requirements of this Section. a. Determined Insufficient. If the Planning Director determines the application is not sufficient,a written notice shall be mailed to the applicant specifying the application's deficiencies. No further action shall be taken on the application until the deficiencies are remedied. If the applicant fails to correct the deficiencies within thirty (30) calendar days,the application shall be considered withdrawn,and the application fee shall be refunded. LAND USE REGULATIONS 5-103 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-2400.BENEFICIAL USE DETERMINATION b. Determined Sufficient. When the application is determined sufficient,the Planning Director shall notify the applicant, in writing, of the application's sufficiency, and forward the application to the Hearing Officer for the scheduling of a hearing. 4. Establishment of Date for Hearing by Hearing Officer and Notice. Within thirty(30) calendar days of the date that the application has been determined sufficient by the Planning Director, the Hearing Officer shall schedule a hearing on the Appeal for Beneficial Use Determination. The applicant shall provide the Planning Director a list of all adjacent landowners of the land subject to the Appeal for Beneficial Use Determination at least twenty- five (25) calendar days prior to the hearing, and the Planning Director shall provide these adjacent landowners notice by mail within fifteen(15)calendar days of the hearing. Costs of this mailing shall be paid by the applicant. 5. Hearing by Hearing Officer. At the hearing,the applicant shall present the applicant's case and the County Attorney shall represent the local government. All evidence presented shall be under oath,and the parties involved shall be permitted to cross-examine witnesses. The sworn testimony and evidence shall pertain to the standards set forth in Section 5-2300.C, Beneficial Use Standards, as to whether the applicant has been deprived of economically beneficial use of the land and the standards in Section 5-2300.D, Granting of Relief, pertaining to the degree of relief needed to provide the landowner with an economically beneficial use of the land. 6. Findings of the Hearing Officer. Within thirty (30) calendar days of the close of the hearing,the Hearing Officer shall prepare recommended findings of fact and a proposed order for consideration by the Board of County Commissioners. The findings and recommendations of the Hearing Officer as to whether the land is provided economically beneficial use shall be based on the evidence submitted and the standards in Section 5-2300.C.,Beneficial Use Standards. If the Hearing Officer finds that the applicant has been denied economically beneficial use of the subject land, then the Hearing Officer shall recommend a use that permits economically beneficial use and results in a minimum change from the regulations of these Land Use Regulations as they apply to the subject land,pursuant to the standards set forth in Section 5-2300.C, Beneficial Use Standards, and Section 5- 2300.D, Granting of Relief. The Hearing Officer's recommended findings of facts and proposed order shall be in writing and shall detail the basis of the conclusions from the record of the hearing. 7. Action by Board of County Commissioners. The Board of County Commissioners shall schedule a hearing on the application within thirty(30)calendar days of the date the Hearing Officer issues the recommended findings of fact and proposed order. The Planning Director shall provide the applicant and all adjacent landowners of the land subject to the Appeal for Beneficial Use Determination at least twenty(20)calendar days notice of the hearing by mail. At the hearing,the Board of County Commissioners shall approve the findings of fact and proposed order of the Hearing Officer, or may attach conditions, modify, or reverse the findings of fact or proposed order of the Hearing Officer,based on the standards of Section 5- 2300.C,Beneficial Use Standards,and Section 5-2300.D,Granting of Relief.If the Board of County Commissioners attaches conditions, modifies or reverses the findings of fact or proposed order,it shall do so only where the record of the hearing indicates that the Hearing LAND USE REGULATIONS 5-104 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5. ADMINISTRATION S-2400.BENEFICIAL USE DETERMINATION Officer is unsupported by the record,or that the proposed order is not in conformance with the standards of Section 5-2300.C,Beneficial Use Standards,and Section 5-2300.D,Granting of Relief 8. Appeal. The decision of the Board of County Commissioners is appealable to a court of law. C. Beneficial Use Standards. In determining if a landowner has been deprived of economically beneficial use of land,the Hearing Officer and Board of County Commissioners shall take into account the following factors: 1. Economically Viable Use. In making the determination whether the land is provided economically viable use, the Hearing Officer/Board of County Commissioners shall first evaluate the uses of the land as provided by these Land Use Regulations,and the uses of land in relation to the uses provided similarly situated lands. For the purposes of this Section, economically viable use means the opportunity to make a return equivalent to that which would have been received from a conservative financial investment. Transitory economic issues shall not be relevant to this determination. 2. Diminution in Value. The market value of the land,as established by the comparable sales approach,prior to adoption of these Land Use Regulations, which caused the landowner to apply for relief shall be compared to the market value of the land, as established by the comparable sales approach,with the regulations as applied. Market value of the land prior to the adoption of the Land Use Regulations shall constitute its highest and best use on(one day prior to the effective of these Land Use Regulations) or the date of purchase of the land, whichever is later, and any other land value/appraisal information that the applicant would like to be considered. All appraisals shall be proposed by qualified licensed appraisers,and shall follow the best professional practices as established by the profession. A mere diminution in market value is not sufficient to support a determination of denial of economically beneficial use;the diminution must be so substantial that it effectively deprives the landowner of any material use or enjoyment of the land, commensurate with any reasonable investment backed expectations, if any. 3. External costs. a. Subsidy. The amount or nature of any subsidy that may be required by Eagle County, neighbors, purchasers, tenants, or the public at large if the uses allowed under these Land Use Regulations are modified. b. Other Adverse Effects. Any other adverse effects on the County and its residents. 4. Current State of the Law. The state of the law established by the United States Supreme Court, the federal Circuit Courts of Appeals, and the Colorado Supreme Court, relevant to these standards. • LAND USE REGULATIONS 5-105 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-2400.BENEFICIAL USE DETERMINATION D. Granting of Relief. 1. General. If the finding is that a landowner has been deprived economically beneficial use of land, or is otherwise entitled to relief pursuant to the standards of this Section,relief shall be granted. , 2. Minimum Increase. In granting relief,the landowner shall be given the minimum increase in use density/intensity or other possible concessions from these Land Use Regulations in order to permit an economically viable use of the land or a use that is determined to be required by law. The highest use,or even an average or generally reasonable expectation,is not required or intended as the appropriate remedy. The following guidelines shall be used for detei mining the minimum economically viable use of land and,therefore,the amount of relief to be granted a landowner in order to reach that minimum. a. No Governmental Subsidy. A minimum economically viable use of the land should be one that does not have any governmental subsidy attached to the long-term safe occupation of the land. If such a subsidy is needed,then that should be reflected by lowering the use intensity that is considered a minimum economically viable use on a market valuation basis. b. Common Use. A use common to the unincorporated County, although it may not involve further development of the land, is considered an economically viable use. Attention shall also be given to land uses that are considered to be the lowest intensity in the unincorporated County but which uses still provide for occupation and living within the County. These land uses, as well, shall be considered economically viable uses. c. Actual Condition of Land Considered. The actual condition of the land shall be considered. The reality of limited development potential,given the natural condition of the land,shall not be attributed to the regulations applied to the land. If the land is such that it cannot safely accommodate development with normal grading and clearing practices, this fact shall lower the intensity of use that is considered a minimum economically viable use. d. Potential for Damages. The potential for damages to either residents or land shall be assessed in determining economically viable use. The need for a governmental subsidy to future landowners shall be considered,and the cost of such subsidies shall be deducted from the otherwise established minimum economically viable use. e. Only Investment Backed Expectations Considered. Expectations shall,in general, not be considered. Only reasonable expectations backed by investments as recognized by the current state of the law shall be considered. f. Current State of Law. The current state of law established by the United States Supreme Court, the federal Circuit Court of Appeals, and the Colorado Supreme Court, relevant to the granting of relief LAND USE REGULATIONS 5-106 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5. ADMINISTRATION 5-2400.APPEALS OF STAFF DECISIONS/INTERPRETATIONS SECTION 5-2400. APPEALS OF STAFF DECISIONS/INTERPRETATIONS An appeal may be taken to the Board of County Commissioners by any person aggrieved by a final decision or interpretation of the Planning Director or County Engineer under these Land Use Regulations. A. Procedure. 1. Initiation. The appeal shall be filed with the County Administrator within thirty (30) calendar days of the date of the written notice of the decision/interpretation of the Planning Director or County Engineer. 2. Contents of Appeal. The appeal shall include a statement of the error or improper decision/interpretation made by the Planning Director or County Engineer,the date of that decision, and the grounds for the appeal,including any materials or evidence to support the appeal. 3. Scheduling of Hearing. The Board of County Commissioners shall hold a hearing on the appeal within thirty(30)days of the date the appeal was received. 4. Action by Board of County Commissioners. At the hearing on the appeal,the appellant or the appellant's agent shall state the grounds for the appeal, and include any materials or evidence to support the appeal. The Planning Director or any other County employee shall be provided the opportunity to respond, as well as any other persons the Board of County Commissioners deem necessary. After the conclusion of the hearing,the Board of County Commissioners shall affirm,affirm with modifications,or reverse the decision of the Planning Director based on these Land Use Regulations. B. Stay. An appeal shall stay all proceedings in furtherance of the action appealed,unless the County Attorney certifies that by reason of facts stated in the certificate,a stay would cause imminent peril to life or property. SECTION 5-2500. VESTED PROPERTY RIGHTS A. Purpose. The purpose of this Section is to establish a system of vested property rights for these Land Use Regulations,as authorized by C.R.S. 24-68-101, et. seq. B. Establishment. 1. General. Pursuant to these Land Use Regulations, a vested property right shall be deemed established for a development permit for a period of three(3)years with the approval of a site specific development plan. Such vested property right shall attach to and run with the land for which the development permit is approved for the site specific development plan and shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the site specific development plan for a period of three(3)years from the date of its approval. LAND USE REGULATIONS 5-107 EAGLE COUNTY,COLORADO Article 5 ARTICLES: ADMINISTRATION 5-2500.VESTED PROPERTY RIGHTS 2. Site Specific Development Plan. For the purposes of this Section,site specific development plan shall only mean a (1) a Special Use Permit; (2) a Preliminary Plan for PUD; (3) a Preliminary Plan for Subdivision;and(4)a Final Plat for Subdivision. C. Duration and Termination. 1. Duration. A vested property right as defined in this Subsection shall be deemed effective as of the date the resolution by which the Board of County Commissioners approves the site specific development plan, and shall remain effective for a period of three (3)years. This vesting period shall not be extended by any amendments to a site specific development plan, unless expressly authorized by the Board of County Commissioners. Such approval shall be subject to all rights of judicial review; except that period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of a notice advising the general public of the approval.Publication shall be done by the Eagle County Department of Community Development. (am 9/27/99),(am 3/12/02)(am 05/08/12) 2. Forfeiture. Failure to abide by any applicable terms and conditions attached to the site specific development plan shall result in immediate forfeiture of the vested property right. 3. Extensions. The Board of County Commissioners may, as a legislative act, enter into a Development Agreement with a landowner that provides that property rights shall be vested for a period exceeding three (3) years where it is warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of the development, economic cycles,and market conditions. 4. Subsequent Review and Approval. Following approval or conditional approval of a site specific development plan,nothing in this Section shall exempt the site specific development plan from subsequent reviews by Eagle County to ensure compliance with the terms and conditions of the original approval,if such reviews and approvals are not inconsistent with the terms and conditions of the original approval. D. Exceptions. A vested property right,once established pursuant to this Section,precludes any zoning or land use action by Eagle County for a period of three(3)years from the date of approval of the site specific development plan, that would alter, impair, prevent, diminish, or otherwise delay the development or use of the land subject to the site specific development plan consistent with the terms and conditions of the site specific development plan,except: 1. Landowner's Consent. With the consent of the affected landowner; 2. Hazards.Upon the discovery of natural or man-made hazards on or in the immediate vicinity of the subject property,which hazards could not reasonably have been discovered at the time of the approval of the site specific development plan, and which hazards, if uncorrected, would pose a serious threat to the public health, safety,and welfare;and 3. Just Compensation Paid to Landowner.To the extent that the affected landowner receives just compensation for all costs,expenses,and liabilities incurred by the landowner,including, LAND USE REGULATIONS 5-108 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-2600 TEMPORARY REGULATIONS but not limited to,all fees paid in consideration of financing,and all architectural,planning, marketing, legal, and other consultants' fees incurred after approval by the governmental entity,together with interest thereon at the legal rate until paid. Just compensation shall not include any diminution in the value of the property which is caused by such action. E. Applicability of General Ordinances and Regulations. The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by Eagle County,including,but not limited to building, fire,plumbing, electrical,and mechanical codes. SECTION 5-2600. 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 purpose. (am 3/12/02) SECTION 5-2700. CORRECTION PLAT (orig 3/12/02) The Board of County Commissioners,without a hearing or compliance with any of the submission,referral or review requirements in these Land Use Regulations,may approve a Correction Plat if the sole purpose of such a correction plat is to correct one or more technical errors on a previously approved Plat. The Correction Plat shall be consistent with an approved Preliminary Plan. A. Correction Plat Requirements. 1. Certificates. The following certificates, found in Appendix A of these Land Use Regulations, are required on the new and corrected Mylar: a. County Commissioners' Certificate b. Surveyor's Certificate c. Clerk and Recorder Certificate 2. General Notes. Contained within the General Notes should be a purpose statement,the name of the Plat that the Correction supersedes, and any other notes which are pertinent to the Correction Plat. LAND USE REGULA UONS 5-109 EAGLE COUNTY,COLORADO Article 5 ARTICLE 5: ADMINISTRATION 5-2700.CORRECTION PLAT 3. Mylars. All pages of the previously recorded Plat for which the Correction is being made, must be submitted and titled CORRECTION PLAT. LAND USE REGULATIONS 5-110 EAGLE COUNTY,COLORADO Article 5 APPENDIX A FINAL PLAT RECORDING SPECIFICATIONS AND CERTIFICATE FORMATS This Appendix includes: PAGE Final Plat Recording Specifications 1 Approval Block for Board of COunty Commissioners (For Final Plat Plats,Type A Minor Subdivisions,Amended Final Plats(Public Process)) 2 Approval Block for Board of County Commissioners (For Type B Minor Subdivision,Amended Final Plats(Administrative Process)) 3 Approval Block for Board of County Commissioners (For Subdivision Exemption Plat) 4 Certificate of Dedication and Ownership (For Final Plats,Type A Minor Subdivisions,Amended Final Plats)) 5 Certificate of Lender Consent (For Final Plats,Type A Minor Subdivisions,Amended Final Plats)) 6 Certificate of Dedication and Ownership (For Combined Plat and Condominium Maps) 7 Certificate of Lender Consent (For Combined Plat and Condominium Maps) 8 Certificate of Dedication and Ownership (For Subdivision Exemption Plat) 9 Certificate of Lender Consent (For Subdivision Exemption Plat) 10 Clerk and Recorder's Certificate 11 Community Development Director Certificate 11 Surveyor's Certificate (For Subdivision and Subdivision Exemption Plats) 12 LAND USE REGULATIONS r EAGLE COUNTY,COLORADO Appendix A APPENDIXA Surveyor's Certificate (For Combined Nat and Condominium Map Nat) 13 Title Certificate 14 Treasurer's Certificate of Taxes Paid 14 LAND USE REGULATIONS 2 EAGLE COUNTY,COLORADO Appendix A APPENDIXA FINAL PLAT RECORDING SPECIFICATIONS 1) All plats for recording must be submitted on reproducible Mylar and must meet the following criteria: a) Either ink on Mylar or photographically reproduced Mylar is required(no colors or sepias)and shall have the capability of legible reproduction on both microfilm and blueprint equipment. b) The Mylar must be a minimum of three one-thousands(.003)of an inch in thickness,black line, and measure 24 by 36 inches in size. c) Lettering shall have a minimum height of 80 cl and must be legible. d) Signatures shall be affixed with black acetone-based ink(not blue), after the Mylar has been prepared. e) Imprint(raised)notary stamps are not acceptable for use in signature blocks.All notary stamps shall utilize ink and must be clear and legible upon drying. (orig. 05/01/07) LAND USE REGULATIONSI EAGLE COUNTY,COLORADO Appendix A APPENDIXA For Final Plats,Type A Minor Subdivisions,Amended Final Plats(Public Process): County Commissioners' Certificate This plat approved by the Board of County Commissioners of Eagle County, Colorado this day of A.D., 20 , for filing with the Clerk and Recorder of Eagle County and for conveyance to the County of the public dedications shown hereon; subject to the provision that approval in no way obligates Eagle County for maintenance of roads dedicated to the public until construction of improvements thereon shall have been completed in accordance with Eagle County specifications and the Board of County Commissioners of Eagle County has by a subsequent resolution agreed to undertake maintenance of the same. This approval does not guarantee that the size,soil conditions,subsurface geology,ground water conditions or flooding conditions of any lot shown hereon are such that a building permit, sewage disposal permit or any other required permit will be issued. This approval is with the understanding that all expenses involving required improvements for all utility services,paving, grading, landscaping, curbs, gutters, sidewalks,road lighting, road signs, flood protection devices, drainage structures and all other improvements that may be required shall be the responsibility of the subdivider and not the County of Eagle. Chairman,Board of County Commissioners Eagle County,Colorado Witness my hand and seal of the County of Eagle. ATTEST: Clerk to the Board of County Commissioners LAND USE REGULATIONS 2 EAGLE COUNTY,COLORADO Appendix A APPENDIXA For Type B Minor Subdivision,Amended Final Plats(Administrative Process): County Commissioners' Certificate Based upon the review and recommendation of the Eagle County Director of Community Development,the Board of County Commissioners of Eagle County,Colorado hereby approved this plat this day of , A.D., 20 , for filing with the Clerk and Recorder of Eagle County and for conveyance to the County of the public dedications shown hereon; subject to the provisions that approval in no way obligates Eagle County for maintenance of roads dedicated to the public until construction of improvements thereon shall have been completed in accordance with Eagle County specifications and the Board of County Commissioners of Eagle County has by a subsequent resolution agreed to undertake maintenance of the same. This approval does not guarantee that the size,soil conditions,subsurface geology,ground water conditions or flooding conditions of any lot shown hereon are such that a building permit, sewage disposal permit or any other required permit will be issued. This approval is with the understanding that all expenses involving required improvements for all utility services, paving, grading, landscaping, curbs, gutters, sidewalks, road lighting, road signs, flood protection devices, drainage structures and all other improvements that may be required shall be the responsibility of the subdivider and not the County of Eagle. Chairman,Board of County Commissioners Eagle County,Colorado Witness my hand and seal of the County of Eagle. ATTEST: Clerk to the Board of County Commissioners LAND USE REGULATIONS 3 EAGLE COUNTY,COLORADO Appendix A APPENDIX A For Subdivision Exemption Plats: County Commissioners' Certificate This Exemption Plat approved by the Board of County Commissioners of Eagle County,Colorado this day of ,A.D., 20 , for filing with the Clerk and Recorder of Eagle County and for conveyance to the County of the public dedications shown hereon;subject to the provisions that approval in no way obligates Eagle County for maintenance of roads dedicated to the public unless and until the Board of County Commissioners of Eagle County has by a subsequent resolution agreed to undertake maintenance of the same. This approval does not guarantee that the size, soil conditions, subsurface geology, ground water conditions or flooding conditions of the lot shown hereon are such that a building permit, sewage disposal permit or any other required permit will be issued. Chairman,Board of County Commissioners Eagle County, Colorado Witness my hand and seal of the County of Eagle. ATTEST: Clerk to the Board of County Commissioners LAND USE REGULATIONS 4 EAGLE COUNTY.COLORADO Appendix A APPENDIXA For Final Plats,Type A Minor Subdivisions,Amended Final Plats: Certificate of Dedication and Ownership Know all men by these presents that being sole owner(s)in fee simple of all that real property situated in Eagle County, Colorado described as follows: ccuainir acres more or less;have by these presents laid out,platted and subdivided the same into lots and blocks as shown on this final plat under the name and style of subdivision in the County of Eagle; and do hereby accept the responsibility for the completion of required improvements;and do hereby dedicate and set apart all of the public roads and other public improvements and places as shown on the accompanying plat to the use of the public forever; and do hereby dedicate those portions of said real property which are created as easements on the accompanying plat to the public forever as easements for the purposes shown herein,unless otherwise expressly provided thereon;and do hereby grant the right to install and maintain necessary structures to the entity responsible for providing the services for which the easements are established. EXECUTED this day of ,A.D.,20 Owner Address: STATE OF COLORADO ) )SS COUNTY OF EAGLE ) The foregoing Certificate of Dedication and Ownership was acknowledged before me this day of ,A.D. 20 , by My Commission expires Witness my hand and official seal. Notary Public (SEAL) LAND USE REGULATIONS5 EAGLE COUNTY,COLORADO Appendix A APPENDIX A (am 9/27/99)(am.05/01/07) Lender Consent being the beneficiary of the deed of trust recorded in the office of the clerk and recorder of Eagle County as reception no. ,as amended from time to time,hereby consents to and approves this final plat of the and agrees that any foreclosure or other enforcement action under such deed of trust shall not cause a termination or invalidation of this final plat. By: Authorized Signer STATE OF COLORADO ) SS. COUNTY OF ) The foregoing lender consent was acknowledged before me this day of ,20_by as an Authorized Signer for My Commission Expires: Witness My Hand And Official Seal. Notary Public LAND USE REGULATIONS 6 EAGLE COUNTY,COLORADO Appendix A APPENDIX A For Combined Plat and Condominium Maps: Certificate of Dedication and Ownership Know all men by these presents that being sole owner(s)in fee simple of all that real property situated in Eagle County, Colorado described as follows containing acres more or less;have by these presents laid out, platted and subdivided the same into lots and blocks and condominium units as shown on this final plat under the name and style of , a subdivision in the County of Eagle; and does hereby accept the responsibility for the completion of required improvements;and does hereby dedicate and set apart all of the public roads and other public improvements and places as shown on the accompanying plat to the use of the public forever;and does hereby dedicate those portions of said real property which are created as easements on the accompanying plat to the public forever as easements for the purposes shown herein,unless otherwise expressly provided thereon; and does hereby grant the right to install and maintain necessary structures to the entity responsible for providing the services for which the easements are established. EXECUTED this day of ,A.D.,20 Owner Address: STATE OF COLORADO ) )SS COUNTY OF EAGLE ) The foregoing Certificate of Dedication and Ownership was acknowledged before me this day of ,A.D. 20 , by My Commission expires Witness my hand and official seal. Notary Public (SEAL) LAND USE REGULATIONS7 EAGLE COUNTY,COLORADO Appendix A APPENDIX A Lender Consent being the beneficiary of the deed of trust recorded in the office of the clerk and recorder of Eagle County as reception no. ,as amended from time to time,hereby consents to and approves this final plat of the and agrees that any foreclosure or other enforcement action under such deed of trust shall not cause a termination or invalidation of this final plat. By: Authorized Signer STATE OF COLORADO ) • SS. COUNTY OF ) The foregoing lender consent was acknowledged before me this day of ,20_by as an Authorized Signer for My Commission Expires: Witness My Hand And Official Seal. Notary Public LAND USE REGULATIONS 8 EAGLE COUNTY,COLORADO Appendix A APPENDIX For Subdivision Exemption Plats: Certificate of Dedication and Ownership Know all men by these presents that being sole owner(s)in fee simple of all that real property situated in Eagle, County,Colorado described as follows containing acres more or less;have by these presents laid out and platted the same as shown on this plat under the name and style of ,an exemption plat of lands in the County of Eagle;and do hereby dedicate and set apart all of the public roads and other public improvements and places as shown on the accompanying plat to the use of the public forever;and do hereby dedicate those portions of said real property which are created as easements on the accompanying plat for the purposes shown herein,unless otherwise expressly provided thereon;and do hereby grant the right to install and maintain necessary structures to the entity responsible for providing the services for which the easements are established. EXECUTED this day of ,A.D.,20 Owner Address: STATE OF COLORADO ) )SS COUNTY OF EAGLE ) The foregoing Certificate of Dedication and Ownership was acknowledged before me this day of A.D. 20 ,by My Commission expires Witness my hand and official seal. Notary Public (SEAL) LAND USE REGULATIONS9 EAGLE COUNTY,COLORADO Appendix A APPENDIXA Lender Consent being the beneficiary of the deed of trust recorded in the office of the clerk and recorder of Eagle County as reception no. ,as amended from time to time,hereby consents to and approves this final plat of the and agrees that any foreclosure or other enforcement action under such deed of trust shall not cause a termination or invalidation of this final plat. By: Authorized Signer STATE OF COLORADO ) SS. COUNTY OF ) The foregoing lender consent was acknowledged before me this day of ,20_by as an Authorized Signer for . My Commission Expires: Witness My Hand And Official Seal. Notary Public LAND USE REGULATIONS 10 EAGLE COUNTY,COLORADO Appendix A APPENDIXA Clerk and Recorder's Certificate This Plat was filed for record in the Office of the Clerk and Recorder at o'clock , on this day of ,20 and is duly recorded at Reception No. Clerk and Recorder By: Deputy Community Development Director Certificate Pursuant to the Eagle County Land Use Regulations,the Director of Eagle County Community Development hereby approves this final plat the day of ,A.D.,20 Director,Community Development County of Eagle,Colorado STATE OF COLORADO ) )SS COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of ,A.D., 20 ,by My Commission expires: Witness my hand and official seal. Notary Public (SEAL) LAND USE REGULATIONS11 EAGLE COUNTY,COLORADO Appendix A APPENDIX A For Final Plats,Minor Type A and B Subdivision Plats,Amended Final Plats,Subdivision Exemptions Surveyor's Certificate I, ,do hereby certify that I am a Professional Land Surveyor licensed to practice land surveying under the laws of the State of Colorado,that this subdivision plat is a true,correct and complete plat of as laid out, platted, dedicated and shown hereon,that such plat was made from an accurate survey of said property by me and/or under my supervision and accurately shows the location and dimensions of the lots, easements and rights of way of said plat as the same are monumented upon the ground in compliance with applicable regulation governing the subdivision of land,that such plat is based upon the professional land surveyor's knowledge, information and belief,that such plat has been prepared in accordance with applicable standards of practice,and that such plat is not a guaranty or warranty, either expressed or implied. In Witness Whereof, I have set my hand and seal this day of A.D.,20XX. SEAL Colorado Licensed Professional Land Surveyor (Surveyors Name) License Number Note:A professional land surveyor seal shall be placed on each sheet of the plat or other documents resulting from the practice of land surveying in compliance with C.R.S. 12-25-217 as amended from time to time. The signature of the licensee and the date shall appear through the seal. LAND USE REGULATIONS 12 EAGLE COUNTY,COLORADO Appendix A APPENDIX For Combined Plat and Condominium Maps: Surveyor's Certificate I, (name-printed),do hereby certify that I am a Professional Land Surveyor licensed to practice land surveying under the laws of the State of Colorado, that this condominium map fully and accurately depicts the improvements, including the condominium units and the common ownership area, and identifies location, layout, dimension,and horizontal and vertical boundaries,that said map is based upon the professional land surveyor's knowledge,information and belief,that it has been prepared in accordance with applicable standards of practice,that such map is not a guaranty or warranty, either expressed or implied,and that such plat contains all the information required by,C.R.S. §38-33.3-209 and all other statutes and regulations applicable to maps of condominium common interest subdivision. In Witness Whereof,I have set my hand and seal this day of A.D.,20XX. SEAL Colorado Licensed Professional Land Surveyor (Surveyors Name) License Number LAND USE REGULATIONS13 EAGLE COUNTY,COLORADO Appendix A APPENDIX Title Certificate does hereby certify that it has examined the Title to all lands shown upon this Plat and that Title to such lands is vested in ,free and clear ofall liens, and encumbrances, except as follows: Dated this day of ,A.D.,20 AGENT: Certificate of Taxes Paid I,the undersigned, do hereby certify that the entire amount of taxes and assessments due and payable as of upon all parcels of real estate described on this plat are paid in full. Dated this day of ,A.D.,20 Treasurer of Eagle County LAND USE REGULATIONS 14 EAGLE COUNTY,COLORADO Appendix A