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HomeMy WebLinkAboutR23-011 Amendment to the Engineering Criteria Manual File No. LUR 009228-2022 DocuSign Envelope ID:23E24A63-00B9-4839-9ADE-3996BFE48527 Commissioner scherr moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2023 - 011 APPROVAL OF THE AMENDMENT TO THE TEXT OF THE EAGLE COUNTY LAND USE REGULATIONS AND ADOPTION OF THE EAGLE COUNTY ENGINEERING CRITERIA MANUAL Eagle County File No. LUR-009228-2022 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. § 29-20-101, et. seq., C.R.S. § 30-11-101, et. seq., C.R.S. § 30-15-101, et. seq., C.R.S. § 30-28-101, et. seq., and C.R.S. § 43-2-101, et. seq., to plan for and regulate the use and development of land in the unincorporated territory of the County of Eagle, State of Colorado, for the purpose of promoting the health, safety, convenience, order, prosperity, and welfare of the present and future inhabitants of the County of Eagle; and WHEREAS,pursuant to such authority,the Board has adopted such zoning and subdivision regulations and technical standards, 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, the ECLUR requires periodic amendments to clarify language, add new definitions and/or information, or add updates which correspond with industry practice or state law; and WHEREAS, C.R.S. § 30-28-116, ECLUR Section 1.15, and ECLUR Section 5-230 expressly allow the Board to amend the ECLUR; and WHEREAS,ECLUR Section 5-230.B.2 allows the Board, the Planning Commissions, the Planning Director, the owner or another person having a recognized interest in land in unincorporated Eagle County, or any citizen of Eagle County to submit an application to amend the ECLUR; and WHEREAS, on or about February 8, 2022, the Eagle County Engineering Department, with authorization from the Planning Director consistent with ECLUR Section 1-130.B, submitted an application(hereinafter the "Application") for an Amendment to the Text of the Land Use Regulations including Chapter I, Chapter II Article 4, and Chapter V of the ECLUR; and Eagle County, Co 202301703 Regina O'Brien 02/09/2023 Pgs: 455 04:37:39 PM REC: $0.00 DOC: $0.00 DocuSign Envelope ID:23E24A63-00B9-4839-9ADE-3996BFE48527 WHEREAS,the amendments to the aforementioned Chapters are delineated in Exhibit A,which is attached hereto and incorporated herein by reference; and WHEREAS,the Application also includes the adoption of a new standalone engineering manual titled the Eagle County Engineering Criteria Manual (hereinafter the"ECM") as attached hereto as Exhibit B and incorporated herein by reference; and WHEREAS,the Board has both the express and implied authority to adopt the ECM under C.R.S. § 29-20-104(1)(a); C.R.S. § 29-20-104(1)(e.5); C.R.S. § 29-20-104.5(1); C.R.S. § 30-28-102; C.R.S. § 30-28-115(1); C.R.S. § 30-28-137; C.R.S. § 43-2-114; C.R.S. § 43-2-119; C.R.S. § 43-2-147(1)(a); and C.R.S. § 43-2-207(1); and WHEREAS,the ECM proposes revised transportation impact fees universally applicable throughout unincorporated Eagle County; and WHEREAS,new development within the County places additional demands on the natural and human-made environment alike; and WHEREAS,the revised transportation impact fees included in the ECM were generated following an impact study that quantified the reasonable impacts of proposed development on existing capital facilities and said transportation impact fees are no greater than necessary to defray such impact directly related to proposed development consistent with C.R.S. § 29-20- 104.5(2)(a); and WHEREAS, the impact study supporting the transportation impact fees contained in the ECM is attached hereto as Exhibit C and incorporated herein by reference; and WHEREAS, in accordance with ECLUR Section 1.15.05 -Public Hearing, ECLUR Section 5-210.E.1 -Notice in Newspaper, and ECLUR Section 5-230.C.1 -Review of Applications, notice was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the Application and setting forth the date and time of meetings for consideration of the Application by the the Planning Commissions and the Board; and WHEREAS,the Application was 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 Application at a public hearing on November 2, 2022, and submitted its recommendation of approval with one (1) condition with respect thereto the Board; and WHEREAS,the Roaring Fork Valley Regional Planning Commission reviewed the Application at a public hearing on December 1, 2022, and submitted its recommendation of approval with one (1) condition with respect thereto the Board; and DocuSign Envelope ID:23E24A63-00B9-4839-9ADE-3996BFE48527 WHEREAS, at its public hearing held on January 24, 2023, the Board considered: the Application and the Staff Report; a presentation from Eagle County Engineering Department staff; and statements and concerns of all other interested parties; and WHEREAS, at the conclusion of the hearing on January 24, 2023, it was moved, seconded, and unanimously voted by the Board to approve the Application with one (1) condition, concluding after hearing and seeing the evidence presented in these proceedings that the proposed amendments are necessary and proper for the protection of public health, safety, and welfare and in the best interest of the inhabitants of the County of Eagle, State of Colorado; and WHEREAS,based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, comments from the Eagle County Engineering Department, comments from public officials and agencies, recommendation of the Planning Commissions, and comments from all interested parties, the Board further finds as follows: 1. THAT,proper public and public notice was provided as required by law for the hearings before the Planning Commissions and the Board. 2. THAT,the Application for an Amendment to the Text of the Land Use Regulations complies with the standards in ECLUR Section 5-230 -Amendment to the Text of These Land Use Regulations or the Official Zone District Map, as set forth below: A. Conformance with the Comprehensive Plan. Pursuant to Section 5- 230.D.1.a,the Application is in substantial conformance with the purposes, intents, goals and policies of the Comprehensive Plan by ensuring development in Eagle County is adequately designed to serve existing and future land uses, development, and infrastructure. B. Compatible with Surrounding Uses. Pursuant to Section 5-230.D.2, the Application does not involve a change to zoning or zoning regulations and does not propose any changes which affect permissible land uses or dimensional limitations. C. Public Benefit. Pursuant to Section 5-230.D.3, the Application provides a public benefit through updates to site development standards to avoid unnecessary construction costs, simplification of processes applicable to construction within the public rights-of-way, maintaining transportation efficiencies, and promoting infrastructure improvements to better serve the public. D. Change of Circumstances. Pursuant to Section 5-230.D.4, the Application takes into account completed capital improvement projects, targeted growth, public transportation system capacity needs over the next DocuSign Envelope ID:23E24A63-00B9-4839-9ADE-3996BFE48527 ten(10) years, and changes in transportation priorities throughout the County through updated to the transportation impact fee. Additionally, current ECLUR Chapter V - Construction within the Public Way, was last amended on September 17, 1996 and the Application incorporates modern industry standards directly responding to changes in County, customer, and industry needs. This standard is further satisfied with the imposition of Condition 1, which provides that"The amendments to the Eagle County Land Use Regulations represented in this Application and adoption of the Eagle County Engineering Criteria Manual shall become effective thirty calendar days after the Board of County Commissioners approves this Application." E. Adequate Infrastructure. Pursuant to Section 5-230.D.5, the transportation impact fee ensures new development pays its proportionate share of capacity related improvements associated with transportation needs stemming from that development ensuring the public continues to be served by an adequate road and trail network. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT,the amendments to the ECLUR as set forth in Exhibit A and the ECM as set forth in Exhibit B are hereby approved, with the following condition: 1. The amendments to the Eagle County Land Use Regulations represented in this Application and adoption of the Eagle County Engineering Criteria Manual shall become effective thirty calendar days after the Board of County Commissioners approves this Application. THAT, consistent with Condition 1, the amendments to the ECLUR and adoption of ECM are effective March 9, 2023. THAT,these amendments to the ECLUR shall neither constitute nor be construed as a waiver of any violations existing at the time of adoption of this resolution. THAT, should any section, clause, provision, sentence or word of this Resolution, including the attached Exhibits,be declared by a Court of competent jurisdiction to be invalid, such decision, shall not affect the validity of this Resolution as a whole or any parts thereof, other than the part so declared to be invalid. For this purpose, this Resolution is declared to be severable. THAT, except as expressly altered, modified, and changed by the Application, all existing terms and provisions of the ECLUR shall remain in full force and effect. THAT,this Resolution is necessary for the public health, safety, and welfare of the inhabitants of the County of Eagle, State of Colorado. DocuSign Envelope ID:23E24A63-00B9-4839-9ADE-3996BFE48527 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, on this 7th day of February, 2023, nunc pro tunc January 24, 2023. ,.— DocuSigned by: I cCOUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: DocuSigned by: CI cuSignedby: y - uq By' 88A6811TED01405... Clerk to the BoarQLr24oaao44u.. Kathy Chandler-Henry County Commissioners Chair ADo�c�u� ' S ig nne' . dby:x^ Matt Sc 8tE7 2D718E0473.e . rr Commissioner CDocuSigned by: CN.4'1"4- ,,,,,.., CMACi4b 0AA47A... Jeanne McQueeney Commissioner Commissioner McQueeney seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Chandler-Henry Aye Commissioner Scherr Ave Commissioner McQueeney Aye This resolution passed by 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado DocuSign Envelope ID:23E24A63-00B9-4839-9ADE-3996BFE48527 Exhibit A-ECLUR Text Amendments DocuSign Envelope ID:23E24A63-00B9-4839-9ADE-3996BFE48527 Exhibit B -Engineering Criteria Manual DocuSign Envelope ID:23E24A63-00B9-4839-9ADE-3996BFE48527 Exhibit C -Transportation Impact Fee Study Exhibit A-ECLUR Text Amendments Exhibit A ECLUR Chapter 1_Redline CHAPTER 1: GENERAL PROVISIONS INTRODUCTION CHAPTER 1 GENERAL PROVISIONS 1.01 INTRODUCTION These Regulations are divided into six major sections: Chapter I contains the purpose and authority of Eagle County to enact these Regulations, a brief discussion of the general provision of the various regulations, a section on enforcement and amendment procedures. Chapter II contains the Zoning and Subdivision Regulations. This Section addresses the permitted uses and densities allowable in the various zoning categories as well as the procedures required in order to subdivide real property. Chapter III contains the Building Resolution which sets forth the application of various building codes for construction within the County. Chapter IV formerly included regulations pertaining to Individual Sewage Disposal Systems (ISDS); now statutorily referred to as On-Site Wastewater Treatment Systems (OWTS). The Eagle County Public Health Agency On-Site Wastewater Treatment System (OWTS) regulations are promulgated by the Eagle County Board of Health as a stand-alone document. Chapter IV has been reserved for future use. (amd. 07-29-2014) Chapter VI sets forth the activities and areas of State interest regulated by the County to include: 1) Site selection and construction of major new water and sanitation facilities. 2) Major extension of water and wastewater distribution lines. 3) Efficient utilization of municipal and industrial water projects. 4) Construction activities within floodplains. Taken as a whole, this document provides a comprehensive set of regulations to provide for orderly growth in Eagle County. Depending on the activity, one or more of the regulations may apply. Each Chapter will be available to purchase separately depending on the applicant's particular needs. Any questions which might arise concerning the LAND USE REGULATIONS EAGLE COUNTY,COLORADO Chapter 1 Exhibit A ECLUR Chapter 1_Redline CHAPTER 1: GENERAL PROVISIONS INTRODUCTION application of these Regulations can be directed to the Department of Community Development. 2 LAND USE REGULATIONS EAGLE COUNTY,COLORADO Chapter 1 Exhibit A ECLUR Chapter 1_Redline CHAPTER I. GENERAL PROVISIONS AUTHORITY 1.02 PURPOSES This document provides a compendium of regulations which govern land use in the unincorporated areas of Eagle County. These Land Use Regulations are designed to promote the health, safety, convenience, order,prosperity, and welfare of the present and future inhabitants of Eagle County in accordance with the Eagle County Master Plan, including the lessening of congestion and reducing the waste of excessive amounts of roads; promoting energy conservation; securing safety from fire, floodwater and other dangers; providing adequate light and air; classification of land uses and distribution of land development and utilization; protecting the tax base of the County; securing economy in governmental expenditures; fostering the County's agricultural, forestry, resort,business, mining, and other economic bases; protecting both urban and nonurban development; conserving the value of property and encouraging the most appropriate use of land. These Land Use Regulations are further intended to protect the public health, safety, and welfare by regulating activities and development in hazardous areas; protecting lands from activities which would cause immediate or foreseeable material danger to significant wildlife habitat and would endanger a wildlife species; preserving and regulating areas of historical and archaeological importance with respect to the establishment of roads on public lands administered by the federal government. This authority includes authority to prohibit, set conditions or require a permit for the establishment of any road authorized under the general rightofway granted to the public by 43 U.S.C. 932 (R.S. 2477); regulating the location of activities and development which may result in significant changes in population density; providing for phased development of services and facilities; regulating the use of land on the basis of the impact thereof on the community or surrounding areas; and otherwise planning for and regulating the use of land so as to provide planned and orderly use of land and protection of the environment in a manner consistent with constitutional rights. 1.03 AUTHORITY Eagle County is authorized by law to regulate zoning,planning, subdivision of land, and building by virtue of Section 3028101 et seq., C.R.S., and Section 3028201 et seta., C.R.S., respectively, as amended; to regulate certain activities on and uses of land by Section 2920101 el seq., C.R.S., as amended; to designate and administer Areas and Activities of State Interest by Section 2465.1101 et seq. and Section 2432111, C.R.S.; to regulate planned unit developments by Section 2467104 et seq., C.R.S., as amended; to regulate On-Site Wastewater Treatment Systems (OWTS)by Section 2510101 et seq., C.R.S., as amended; and to regulate construction activities within public ways by Section 3011107, C.R.S., as amended. (amd. 07-29-2014) 3 LAND USE REGULATIONS EAGLE COUNTY,COLORADO Chapter 1 Exhibit A ECLUR Chapter 1_Redline CHAPTER 1: GENERAL PROVISIONS INTERPRETATION Eagle County Board of County Commissioners have been given the authority through C.R.S. 30-15-401(1)(a)(V)(C) to adopt reasonable regulations for controlling pollution caused by wood smoke. (am. 11/25/91) 1.04 TEMPORARY REGULATIONS The Board of County Commissioners, if in its opinion conditions require such action, may promulgate, by resolution at a public meeting, regulations of a temporary nature to be effective for a limited period not to exceed 30 days. During this 30 day period, a 15 day public notice shall be given in a newspaper of local distribution, advertising a public hearing to discuss the matter at hand requiring the temporary regulation and may at such public hearing extend the duration of the effectiveness of said regulation for a period not to exceed 6 months. The nature of the temporary regulation may prohibit or regulate in any part or all of the unincorporated territory of Eagle County, the zoning or subdivision of land, or the erection, construction, reconstruction or alteration of any building or structure used or to be used for any business,residential, industrial or commercial purposes. 1.05 INTERPRETATION In the interpretation and application of these Land Use Regulations, except Chapter II, the following criteria shall govern: 1) The burden of proof is upon the applicant to show full compliance with the purpose of these Land Use Regulations. 2) In their interpretation and application, the provisions of these Land Use Regulations shall be regarded as the minimum requirements for the protection of the public health, safety, comfort, convenience, prosperity and welfare. These Regulations shall therefore be regarded as remedial and shall be liberally construed to further its underlying purposes. 3) Whenever both a provision of these Land Use Regulations and any other provision of such Regulations, or any provision in any other law, ordinance, resolution, rule, or regulation of any kind, contain any restrictions covering any of the same subject matter, whichever restrictions are more restrictive or impose higher standards or requirements shall govern. All uses and all locations and bulk permitted under the terms of these Land Use Regulations shall be in conformity with all other provisions of law. 4) These Land Use Regulations are not intended to abrogate or annul any valid subdivision plats, easements, covenants, building permits, legally established lots, or uses established, approved and/or issued before the effective date of these Regulations. 4 LAND USE REGULATIONS EAGLE COUNTY,COLORADO Chapter 1 Exhibit A ECLUR Chapter 1_Redline CHAPTER 1: GENERAL PROVISIONS SEPARABILITY 1.06 CONSTRUCTION The following six statements are rules regarding the construction of language in these Land Use Regulations, except Chapter II: 1) The particular has precedence over the general statements. In the event of any conflict, inconsistency, or incongruity between the general provisions (Chapter I) of these Land Use Regulations and any provision contained in the remaining Chapters of these Land Use Regulations which set forth specific requirements for development(Chapters IIVI), the provisions within the applicable Chapter which sets forth specific requirements shall in all respects govern and control. 2) • In case of any difference of meaning or implication between the text of these Land Use Regulations and captions for each section, the text shall control. 3) The word "shall" is always mandatory and not directory. The word "may" is permissive. 4) Words used in present tense include the future, unless the context clearly indicates the contrary. 5) Words used in the singular shall include the plural,unless the context clearly indicates the contrary. Words in one gender shall be deemed to include the other gender. 6) Any definition used in the applicable Colorado Statutes may be used in these Land Use Regulations and if the statutory definitions conflict, then the statutory definitions shall govern. 1.07 SEPARABILITY It is hereby declared to be the legislative intent that the several provisions of these Land Use Regulations shall be severable, in accordance with the provisions set forth below: 1) If any provision of these Land Use Regulations is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that: a) The effect of such decision shall be limited to that provision or provisions which are expressly stated in the decision to be invalid; and b) Such decision shall not affect, impair, or nullify these Regulations as a whole or any other part thereof, but the rest of these Regulations shall 5 LAND USE REGULATIONS EAGLE COUNTY,COLORADO Chapter 1 Exhibit A ECLUR Chapter 1_Redline CHAPTER 1: GENERAL PROVISIONS PERMITS continue in full force and effect. 2) If the application of any provision of these Land Use Regulations to any lot, building, other structure or tract of land is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that: a) The effect of such decision shall be limited to that lot, building, other structure or tract of land immediately involved in the controversy, action or proceeding in which the judgment or decree of invalidity was rendered; and b) Such decision shall not affect, impair or nullify these Regulations as a whole or the application of any provision thereof, to any other lot, building, other structure or tract of land. 1.08 REPEAL All prior Resolutions of the Eagle County Board of County Commissioners which are inconsistent with the provisions of these Land Use Regulations are hereby repealed to the extent of such inconsistency only. The repeal of any of the abovementioned resolutions does not revive any other resolution or portion thereof repealed by said resolution, and such repeals shall not affect or prevent the prosecution or punishment of any person for the violation of any resolution repealed hereby for an offense committed prior to the repeal. 1.09 ADMINISTRATION OVER PLATTING 1) All plans of improvements for public use and all plans,plats,plots, and replots of land laid out in subdivision or building lots and the roads, alleys, or other portions of the same, intended to be dedicated to a public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto, shall be submitted to the Planning Commission and the County Commissioners for review and subsequent approval, conditional approval, or disapproval. It shall not be lawful to record any such plan or plat in any public office unless the same shall bear thereon, by endorsement or otherwise, the approval of the County Commissioners. 2) No changes, erasures, modifications, or revisions shall be made on the Final Plat after the approval by the County Commissioners without replatting. 1.10 PERMITS No permits of any kind shall be issued by the County Building Department, nor any other administrative office of the County, for the construction of any building or other improvements upon any land to which these Land Use Regulations apply unless and 6 LAND USE REGULATIONS EAGLE COUNTY,COLORADO Chapter 1 Exhibit A ECLUR Chapter 1_Redline CHAPTER 1: GENERAL PROVISIONS ENFORCEMENT until the requirements thereof have been met. 1.11 JURISDICTION These Land Use Regulations shall apply to all lands within the unincorporated territory of Eagle County. 1.12 TITLE These Land Use Regulations shall be referred to as the "Eagle County Land Use Regulations" or "Land Use Regulations." 1.13 EFFECTIVE DATE, FILING WITH COUNTY CLERK AND RECORDER 1) These Land Use Regulations shall become effective upon adoption by the Board of County Commissioners. 2) Upon adoption of these Land Use Regulations and any amendments thereto, the Board of County Commissioners shall file a certified copy of the same in the office of the County Clerk and Recorder which shall be kept and there made available for public inspection during reasonable times. In addition, a certified copy of these Land Use Regulations and any amendments thereto adopted by the Board of County Commissioners shall be certified to the County Clerk and Recorder for recording in the same manner as any other document relating to real property. 1.14 ENFORCEMENT 1.14.01 Generally 1) The Board shall provide for the enforcement of the zoning or supplementary regulations by means of withholding building permits. It shall be unlawful to erect, construct, reconstruct, alter or change the use of any building or other structure within the unincorporated territory covered by such zoning or general regulations without obtaining a building permit from the County Building Inspector, (see Chapters IIVI for specific exemptions to the respective Regulations). Such Building Inspector shall not issue any permit unless the plans for the proposed erection, construction, reconstruction, alteration, or use fully conform to all zoning and general regulations then in effect. 2) It shall be unlawful to erect, construct, reconstruct, alter, maintain or use any building or structure or to use any land in violation of any regulation in, or of any provisions of, any zoning or general regulations of these Land Use Regulations, or any amendments thereto, (see Chapters IIVI for specific exemptions). 7 LAND USE REGULATIONS EAGLE COUNTY,COLORADO Chapter 1 Exhibit A ECLUR Chapter 1_Redline CHAPTER 1: GENERAL PROVISIONS ENFORCEMENT a) Any person, firm, or corporation violating any such regulation,provision, or amendment is guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than one hundred dollars ($100), or by imprisonment in the County Jail for not more than ten(10) days, or by both such fine and imprisonment, (See also, Chapter II, Section 7). Each day during which such illegal erection, construction, reconstruction, alteration, maintenance, or use continues shall be deemed a separate offense. (am. 05/01/07) b) In addition to such criminal penalties, any person, firm or corporation violating these Land Use Regulations may be subject to a civil penalty in an amount of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), (See also, Chapter II, Section 7). Each day during which such violation continues shall be deemed a separate offense and shall be the subject of a continuing penalty in an amount not to exceed one hundred dollars ($100) for each such day. (orig. 05/01/07) c) In addition to other remedies provided by law, the County Attorney may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use. (orig. 05/01/07) 3) The Zoning Administrator, or authorized representative, is authorized to enter upon private property for the purpose of administering these Land Use Regulations. The owner of the property shall give the Zoning Administrator free access after Eagle County has given reasonable notice for such survey or inspection. If access is denied, the Zoning Administrator may apply to the District Court of Eagle County for an order authorizing entry. If a violation shall be found to exist, the Zoning Administrator, or authorized representative, shall give written notice to the violator to correct such violation within ten(10) calendar days after the date of such notice. Should the violator fail to correct the violation within such ten(10) day period, the Eagle County Zoning Administrator, or authorized representative, may request that the County Sheriff issue a summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of said charge to the violator. The summons and complaint shall require that the violator appear in County Court at a definite time and place stated therein to answer and defend the charge. One copy of said summons and complaint shall be served upon the violator by the County Sheriff in the manner provided by law for the service of a criminal summons. One copy each shall be retained by the Sheriff and the Eagle County Department of Community Development, and one copy shall be transmitted by the Sheriff to the Clerk of the County Court. (am. 05/01/07) Notwithstanding the foregoing, the issuance of a written notice as specified in the paragraph next above shall in no way or manner be deemed a prerequisite 8 LAND USE REGULATIONS EAGLE COUNTY,COLORADO Chapter 1 Exhibit A ECLUR Chapter 1_Redline cHAPTF,R 1: GENERAL PROVISIONS BUILDING VIOLATIONS to the institution of any enforcement proceedings set forth herein; and provided further, that compliance with such written notice shall not necessarily be deemed to be a defense to any alleged violation of these Land Use Regulations in any court action instituted seeking full compliance therewith, but evidence of compliance with such order may be introduced as matter in mitigation and extenuation. 4) The County Attorney's office is hereby authorized to enforce the provisions of this Section on behalf of the Board of County Commissioners. 1.14.02 Building Violations 1) The County Building Official or his designated representative is authorized to administer and enforce the County Building Code set forth in Chapter III of these Land Use Regulations. It shall be unlawful to erect, construct, reconstruct, alter or remodel any structure, dwelling, or building in the designated area without first obtaining a building permit from the County Building Official or his designated representative except when expressly exempt from the Eagle County Building Resolution as found in Chapter III. The County Building Official or his designated representative shall not issue any permit unless the plans for such proposed erection, construction, reconstruction, alteration, or remodeling fully conform to the regulations and restrictions in the County Building Code. a. Any person, firm or corporation violating the provisions of the County Building Code is liable upon conviction of a fine of not more than $100, or by imprisonment in the County Jail for not more than ten(10) days, or by both such fine and imprisonment. Each day during which such illegal erection, construction, reconstruction, alteration, maintenance or use continues shall be deemed a separate offense. (am. 05/01/07) b. In addition to such criminal penalties, any person, firm or corporation violating these Land Use Regulations may be subject to a civil penalty in an amount of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). Each day during which such unlawful activity continues shall be deemed a separate violation and shall be the subject of a continuing penalty in an amount not to exceed one hundred dollars ($100) for each day. Until paid, any civil penalty ordered by the County Court shall, as of recording, be a lien against the property on which the violation has been found to exist. In case the assessment is not paid within thirty (30) days, it may be certified by the County Attorney to the County Treasurer, who shall collect the assessment, together with a ten percent penalty for the cost of collection, in the same manner as other taxes are collected. Any lien placed against a property pursuant to this section shall be recorded with the Eagle County Clerk and Recorder. (am. 05/01/07) 9 LAND USE REGULATIONS EAGLE COUNTY,COLORADO Chapter 1 Exhibit A ECLUR Chapter 1_Redline CHAPTER 1: GENERAL PROVISIONS PUBLIC HEARING c. In addition to other remedies provided by law, the County Attorney may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration or use. (am. 05/01/07) 2) Whenever a County Building Inspector or Code Enforcement Officer has personal knowledge of any violation of the Eagle County Building Code, he or she shall give written notice to the violator to correct the violation within ten (10) calendar days after the date of the notice. Where the violator fails to correct the violation within the ten(10) day period, the County Building Inspector or Code Enforcement Officer may request that the County Sheriff issue a summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of the charge to the violator. Any violation of the County Building Code shall be deemed a nuisance. (am. 05/01/07) 1.14.03 Reserved for future use. (amd. 07-29-2014) 1.14.04 Road Cut and Road Construction within Public Ways 1) It shall be unlawful for any person to make, construct, reconstruct, or alter any opening, excavation, tunnel, sidewalk, curb, gutter, street, or to perform any other work of any kind within the public way which will result in physical alteration thereof, unless such person shall first have obtained a road cut and/or road construction permit for the performance of such, and unless such work shall be performed in conformity with the terms and provisions of Chapter 3 of the Eagle County Engineering Criteria Manual. Chapter V of t- T and ``__ Rege}atiee3. 2) It shall be unlawful for any person to violate the terms of Chapter 3 of the Eagle County Engineering Criteria Manual itegalat;v«e, or of any lawful orders or regulations issued incident thereto, including, but not limited to the County Engineering Regulations, Design Standards and Construction Standards. Any such violation shall render the violator appropriate civil proceedings and/or criminal proceedings under Section 435301, C.R.A. 1973, as amended. 1.14.05 Cumulative Effect The foregoing remedies and enforcement provisions shall be cumulative and not exclusive and shall be in addition to any other remedies and enforcement provisions provided by law. 1.14.06 NonLiability for Damages These Land Use Regulations shall not be construed to hold Eagle County in any manner responsible for any damages to persons or property resulting from any inspection as herein authorized or resulting from any failure to so inspect, or resulting from the io LAND USE REGULATIONS EAGLE COUNTY,COLORADO Chapter 1 Exhibit A ECLUR Chapter 1_Redline CHAPTER 1: GENERAL PROVISIONS PUBLIC HEARING issuance or denial of a building permit as herein provided, or resulting from the institution of court action as hereinabove set forth or the forbearance by Eagle County to so proceed. 1.14.07 NonLiability of Officials Any County Official or employee, charged with the enforcement of these Land Use Regulations, acting in good faith and without malice on behalf of said County in the discharge of his official duties, shall not thereby render himself personally liable for any damages which may accrue to persons or property resulting from any such act or omission committed in the discharge of such duties. Any suit or proceeding instituted against such official or employee, stemming from any act or omission performed by him in the enforcement or attempted enforcement of any provision of these Regulations, shall be defended by the legal officer(s) of the County until final termination of the proceedings. 1.15 AMENDMENTS 1.15.01 Scope and Authority From time to time the Board of County Commissioners may amend any of the provisions of these Land Use Regulations, including but not limited to the number, shape,boundaries, area or requirements of any zone district or other areas and may create new districts and areas. This Section sets forth the procedures for the adoption of amendments to all provisions of these Land Use Regulations except Chapter II, which contains its own provisions for amendments. 1.15.02 Private Applications Any private applicant seeking an amendment under the procedures of this Section to the provisions of these Land Use Regulations shall submit an application to the Department of Community Development, which shall include the name and address of the applicant and the language proposed for addition, deletion, or amendment. 1.15.03 Commencement Amendments to the provisions of these Land Use Regulations may be proposed by a private applicant, the staff, the Planning Commission or the Board. 1.15.04 Referrals 1) Before the Department of Community Development issues a staff report to the Planning Commission on Land Use Regulation amendments, the proposed amendment shall be referred to any appropriate referral agencies for an advisory opinion. The Planning Commission shall then review the staff report and advisory opinions prior to rendering a recommendation to the Board of 11 LAND USE REGULATIONS EAGLE COUNTY,COLORADO Chapter 1 Exhibit A ECLUR Chapter 1_Redline CHAPTER 1: GENERAL PROVISIONS PROCEDURE County Commissioners. (am 12/16/08) 2) If the proposal would affect land lying wholly or partially within three (3) miles or within the area encompassed by the Comprehensive Plan of any incorporated municipality, such proposal shall be referred to the City Clerk of that municipality for recommendation by the city or town planning commission or city council or town board, or agents designed by them. Failure of the city to make recommendations within thirty (30) days constitutes a waiver of its right to do so. (am 12/16/08) 1.15.05 Public Hearing 1) The Planning Commission shall hold a public hearing prior to recommending the adoption of any amendments or changes to these Land Use Regulations or Building Resolution. The time and place of such public hearing shall be advertised by the Commission at least fifteen (15) days prior to the hearing in a newspaper of general circulation within the County. After considering the testimony at the public hearing and comments from governmental agencies and interested parties, the Planning Commission shall recommend approval, conditional approval or disapproval of the proposed changes or amendments to the County Commissioners. (am 12/16/08) 2) The Board, before finally adopting any amendments or changes to these Land Use Regulations or Building Resolution, shall hold a public hearing thereon, notice of which shall be published once in a newspaper of general circulation in the County at the expense of the applicant at least thirty(30) and not more than sixty (60) days before the hearing. Such notice shall state the date, time and place of the hearing; the place where the proposal and relevant materials may be examined; and a telephone number where inquiries may be answered. Notwithstanding the foregoing public notice requirement,notice of a public hearing on any proposed amendments to the County Building Code shall be given by at least one publication in a newspaper of general circulation in the county at least fifteen(15) days prior to said hearing. In no case shall the area covered by the building code be extended or changed unless the same has been proposed by or is first submitted for the approval, disapproval, or suggestions of the county planning commission. (am 12/16/08) 3) The proposal shall be available for public inspection in the Department of Community Development for thirty(30) days prior to the hearing before the Board of County Commissioners. 1.15.06 Board Action 1) In making its decision the Board shall consider the information disclosed at the public hearing, the Department of Community Development recommendation and any referral agency comments, any comments of incorporated areas to 12 LAND USE REGULATIONS EAGLE COUNTY,COLORADO Chapter 1 Exhibit A ECLUR Chapter 1_Redline CHAPTER 1: GENERAL PROVISIONS PROCEDURE which the proposal was referred, and the advisory comment of the Division of Planning. 2) If the proposal recommended by the Planning Commission is substantially altered by the Board, then the Board shall resubmit the altered proposal to the Planning Commission for its approval, disapproval, or suggestions. The Planning Commission shall send its report to the Board within thirty (30) days. 3) The planning Commission may recommend and the Board may adopt only those amendments which it finds to be in conformance with the policies and regulations of these Land Use Regulations, and the Eagle County Master Plan. 1.16 APPEALS 1.16.01 Appeals to the Board of County Commissioners Except as otherwise specifically provided in Chapter II, appeals to the Board of County Commissioners may be taken by any person aggrieved by his inability to obtain a building permit, or by the decision of any administrative officer or agency based upon or made in the course of the administration or endorsement of the provisions of these Land Use Regulations. Appeals to the Board of County Commissioners may also be taken by any officer, department, board, or bureau of the County affected by the granting or refusal of a building permit or by other decision of an administrative officer or agency based on or made in the course of the administration or enforcement of the provisions of these Land Use Regulations. Such appeal must be made within 30 days after the occurrence of such grievance or decision which is the subject of the appeal. 1.16.02 Procedure 1) Appeals hereunder shall be initiated by the filing of a written Notice of Appeal to the Clerk of the Board of County Commissioners. Said Notice of Appeal shall include the following information: 13 LAND USE REGULATIONS EAGLE COUNTY,COLORADO Chapter 1 Exhibit A ECLUR Chapter 1_Redline CHAPTER 1: GENERAL PROVISIONS PROCEDURE a) The nature of the decision or grievance by which the appeal is being taken; b) The date of such decision or grievance, and the name of the administrative officer or agency making the same; c) Any applicable rules or regulations pertaining to the decision or grievance being appealed from; d) The name and mailing address of the Appellant; e) Legal description of the property affected; f) Brief factual description setting forth the particulars and reasons for the appeal; and g) Any other information as may be required by the Board of County Commissioners. 2) Upon receipt of a Notice of Appeal, the Clerk of the Board of County Commissioners shall schedule the appeal for hearing before the Board of County Commissioners, which hearing shall not be later than thirty (30) days from the receipt thereof. Written notice of the date, time and place of the hearing shall be given not later than ten(10) days prior to the date of hearing to the Appellant and any other person who may be affected thereby. 3) Not later than ten(10) days prior to the scheduled hearing, any and all exhibits, testimony and evidence of whatsoever kind shall be transmitted to the Clerk of the Board of County Commissioners. 4) At the hearing, the Board of County Commissioners shall consider all the evidence transmitted to the Clerk of the Board of County Commissioners and any additional evidence which it deems appropriate. Strict rules of evidence shall not apply, but all additional oral evidence shall be reduced to writing in summary form. 5) Ruling: Within twenty(20) days from the date of the hearing, the Board of County Commissioners shall issue its written ruling affirming, modifying, or reversing the decision or action which is the subject of the appeal. Copies of the Ruling shall be mailed to the Appellant and any other interested parties. 14 LAND USE REGULATIONS EAGLE COUNTY,COLORADO Chapter 1 Exhibit A ECLUR Chapter 1_Clean CHAPTER I: GENERAL PROVISIONS INTRODUCTION CHAPTER 1 GENERAL PROVISIONS 1.01 INTRODUCTION These Regulations are divided into six major sections: Chapter I contains the purpose and authority of Eagle County to enact these Regulations, a brief discussion of the general provision of the various regulations, a section on enforcement and amendment procedures. Chapter II contains the Zoning and Subdivision Regulations. This Section addresses the permitted uses and densities allowable in the various zoning categories as well as the procedures required in order to subdivide real property. Chapter III contains the Building Resolution which sets forth the application of various building codes for construction within the County. Chapter IV formerly included regulations pertaining to Individual Sewage Disposal Systems (ISDS); now statutorily referred to as On-Site Wastewater Treatment Systems (OWTS). The Eagle County Public Health Agency On-Site Wastewater Treatment System(OWTS)regulations are promulgated by the Eagle County Board of Health as a stand-alone document. Chapter IV has been reserved for future use. (amd. 07-29-2014) Chapter VI sets forth the activities and areas of State interest regulated by the County to include: 1) Site selection and construction of major new water and sanitation facilities. 2) ' Major extension of water and wastewater distribution lines. 3) Efficient utilization of municipal and industrial water projects. 4) Construction activities within floodplains. Taken as a whole, this document provides a comprehensive set of regulations to provide for orderly growth in Eagle County. Depending on the activity, one or more of the regulations may apply. Each Chapter will be available to purchase separately depending on the applicant's particular needs. Any questions which might arise concerning the application of these Regulations can be directed to the Department of Community LAND USE REGULATIONS EAGLE COUNTY,COLORADO Chapter 1 Exhibit A ECLUR Chapter 1_Clean CHAPTER 1: GENERAL PROVISIONS INTRODUCTION Development. 1.02 PURPOSES This document provides a compendium of regulations which govern land use in the unincorporated areas of Eagle County. These Land Use Regulations are designed to promote the health, safety, convenience, order, prosperity, and welfare of the present and future inhabitants of Eagle County in accordance with the Eagle County Master Plan, including the lessening of congestion and reducing the waste of excessive amounts of roads; promoting energy conservation; securing safety from fire, floodwater and other dangers; providing adequate light and air; classification of land uses and distribution of land development and utilization; protecting the tax base of the County; securing economy in governmental expenditures; fostering the County's agricultural, forestry, resort, business, mining, and other economic bases; protecting both urban and nonurban development; conserving the value of property and encouraging the most appropriate use of land. These Land Use Regulations are further intended to protect the public health, safety, and welfare by regulating activities and development in hazardous areas; protecting lands from activities which would cause immediate or foreseeable material danger to significant wildlife habitat and would endanger a wildlife species; preserving and regulating areas of historical and archaeological importance with respect to the establishment of roads on public lands administered by the federal government. This authority includes authority to prohibit, set conditions or require a permit for the establishment of any road authorized under the general right-of-way granted to the public by 43 U.S.C. 932 (R.S. 2477); regulating the location of activities and development which may result in significant changes in population density; providing for phased development of services and facilities; regulating the use of land on the basis of the impact thereof on the community or surrounding areas; and otherwise planning . for and regulating the use of land so as to provide planned and orderly use of land and protection of the environment in a manner consistent with constitutional rights. 1.03 AUTHORITY Eagle County is authorized by law to regulate zoning,planning, subdivision of land, and building by virtue of Section 3028101 et seq., C.R.S., and Section 3028201 et seq., C.R.S., respectively, as amended; to regulate certain activities on and uses of land by Section 2920101 et iga,, C.R.S., as amended; to designate and administer Areas and Activities of State Interest by Section 2465.1101 et sec and Section 2432111, C.R.S.; to regulate planned unit developments by Section 2467104 et seq., C.R.S., as amended; to regulate On-Site Wastewater Treatment Systems (OWTS)by 2 LAND USE REGULATIONS EAGLE COUNTY,COLORADO Chapter 1 Exhibit A ECLUR Chapter 1_Clean CHAPTER 1: GENERAL PROVISIONS INTRODUCTION Section 2510101 et seq., C.R.S., as amended; and to regulate construction activities within public ways by Section 3011107, C.R.S., as amended. (amd. 07-29-2014) Eagle County Board of County Commissioners have been given the authority through C.R.S. 30-15-401(1)(a)(V)(C) to adopt reasonable regulations for controlling pollution caused by wood smoke. (am. II/25/91) 1.04 TEMPORARY REGULATIONS The Board of County Commissioners, if in its opinion conditions require such action, may promulgate, by resolution at a public meeting,regulations of a temporary nature to be effective for a limited period not to exceed 30 days. During this 30 day period, a 15 day public notice shall be given in a newspaper of local distribution, advertising a public hearing to discuss the matter at hand requiring the temporary regulation and may at such public hearing extend the duration of the effectiveness of said regulation for a period not to exceed 6 months. The nature of the temporary regulation may prohibit or regulate in any part or all of the unincorporated territory of Eagle County, the zoning or subdivision of land, or the erection, construction, reconstruction or alteration of any building or structure used or to be used for any business, residential, industrial or commercial purposes. 1.05 INTERPRETATION In the interpretation and application of these Land Use Regulations, except Chapter II, the following criteria shall govern: 1) The burden of proof is upon the applicant to show full compliance with the purpose of these Land Use Regulations. 2) In their interpretation and application, the provisions of these Land Use Regulations shall be regarded as the minimum requirements for the protection of the public health, safety, comfort, convenience, prosperity and welfare. These Regulations shall therefore be regarded as remedial and shall be liberally construed to further its underlying purposes. 3) Whenever both a provision of these Land Use Regulations and any other provision of such Regulations, or any provision in any other law, ordinance, resolution, rule, or regulation of any kind, contain any restrictions covering any of the same subject matter, whichever restrictions are more restrictive or impose higher standards or requirements shall govern. All uses and all locations and bulk permitted under the terms of these Land Use Regulations 3 LAND USE REGULATIONS EAGLE COUNTY,COLORADO Chapter 1 Exhibit A ECLUR Chapter 1_Clean CHAPTER 1: GENERAL PROVISIONS INTERPRETATION shall be in conformity with all other provisions of law. 4) These Land Use Regulations are not intended to abrogate or annul any valid subdivision plats, easements, covenants, building permits, legally established lots, or uses established, approved and/or issued before the effective date of these Regulations. 1.06 CONSTRUCTION The following six statements are rules regarding the construction of language in these Land Use Regulations, except Chapter II: 1) The particular has precedence over the general statements. In the event of any conflict, inconsistency, or incongruity between the general provisions (Chapter I) of these Land Use Regulations and any provision contained in the remaining Chapters of these Land Use Regulations which set forth specific requirements for development(Chapters IIVI), the provisions within the applicable Chapter which sets forth specific requirements shall in all respects govern and control. 2) In case of any difference of meaning or implication between the text of these Land Use Regulations and captions for each section, the text shall control. 3) The word "shall" is always mandatory and not directory. The word "may" is permissive. 4) Words used in present tense include the future, unless the context clearly indicates the contrary. 5) Words used in the singular shall include the plural, unless the context clearly indicates the contrary. Words in one gender shall be deemed to include the other gender. 6) Any definition used in the applicable Colorado Statutes may be used in these Land Use Regulations and if the statutory definitions conflict, then the statutory definitions shall govern. 1.07 SEPARABILITY It is hereby declared to be the legislative intent that the several provisions of these Land Use Regulations shall be severable, in accordance with the provisions set forth below: 1) If any provision of these Land Use Regulations is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that: 4 LAND USE REGULATIONS EAGLE COUNTY,COLORADO Chapter 1 Exhibit A ECLUR Chapter 1_Clean CHAPTER 1: GENERAL PROVISIONS PERMITS a) The effect of such decision shall be limited to that provision or provisions which are expressly stated in the decision to be invalid; and b) Such decision shall not affect, impair, or nullify these Regulations as a whole or any other part thereof, but the rest of these Regulations shall continue in full force and effect. 2) If the application of any provision of these Land Use Regulations to any lot, building, other structure or tract of land is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that: a) The effect of such decision shall be limited to that lot, building, other structure or tract of land immediately involved in the controversy, action or proceeding in which the judgment or decree of invalidity was rendered; and b) Such decision shall not affect, impair or nullify these Regulations as a whole or the application of any provision thereof, to any other lot, building, other structure or tract of land. 1.08 REPEAL All prior Resolutions of the Eagle County Board of County Commissioners which are inconsistent with the provisions of these Land Use Regulations are hereby repealed to the extent of such inconsistency only. The repeal of any of the abovementioned resolutions does not revive any other resolution or portion thereof repealed by said resolution, and such repeals shall not affect or prevent the prosecution or punishment of any person for the violation of any resolution repealed hereby,for an offense committed prior to the repeal. 1.09 ADMINISTRATION OVER PLATTING 1) All plans of improvements for public use and all plans, plats, plots, and replots of land laid out in subdivision or building lots and the roads, alleys, or other portions of the same, intended to be dedicated to a public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto, shall be submitted to the Planning Commission and the County Commissioners for review and subsequent approval, conditional approval, or disapproval. It shall not be lawful to record any such plan or plat in any public office unless the same shall bear thereon, by endorsement or otherwise, the approval of the County Commissioners. 5 LAND USE REGULATIONS EAGLE COUNTY,COLORADO Chapter 1 Exhibit A ECLUR Chapter 1_Clean CHAPTER 1: GENERAL PROVISIONS ENFORCEMENT 2) No changes, erasures, modifications, or revisions shall be made on the Final Plat after the approval by the County Commissioners without replatting. 1.10 PERMITS No permits of any kind shall be issued by the County Building Department, nor any other administrative office of the County, for the construction of any building or other improvements upon any land to which these Land Use Regulations apply unless and until the requirements thereof have been met. 1.11 JURISDICTION These Land Use Regulations shall apply to all lands within the unincorporated territory of Eagle County. 1.12 TITLE These Land Use Regulations shall be referred to as the "Eagle County Land Use Regulations" or "Land Use Regulations." 1.13 EFFECTIVE DATE, FILING WITH COUNTY CLERK AND RECORDER 1) These Land Use Regulations shall become effective upon adoption by the Board of County Commissioners. 2) Upon adoption of these Land Use Regulations and any amendments thereto, the Board of County Commissioners shall file a certified copy of the same in the office of the County Clerk and Recorder which shall be kept and there made available for public inspection during reasonable times. In addition, a certified copy of these Land Use Regulations and any amendments thereto adopted by the Board of County Commissioners shall be certified to the County Clerk and Recorder for recording in the same manner as any other document relating to real property. 1.14 ENFORCEMENT 1.14.01 Generally 1) The Board shall provide for the enforcement of the zoning or supplementary regulations by means of withholding building permits. It shall be unlawful to erect, construct,reconstruct, alter or change the use of any building or other structure within the unincorporated territory covered by such zoning or general regulations without obtaining a building permit from the County Building 6 LAND USE REGULATIONS EAGLE COUNTY,COLORADO Chapter 1 Exhibit A ECLUR Chapter 1_Clean CHAPTER 1: GENERAL PROVISIONS ENFORCEMENT Inspector, (see Chapters IIVI for specific exemptions to the respective Regulations). Such Building Inspector shall not issue any permit unless the plans for the proposed erection, construction, reconstruction, alteration, or use fully conform to all zoning and general regulations then in effect. 2) It shall be unlawful to erect, construct, reconstruct, alter, maintain or use any building or structure or to use any land in violation of any regulation in, or of any provisions of, any zoning or general regulations of these Land Use Regulations, or any amendments thereto, (see Chapters IIVI for specific exemptions). a) Any person, firm, or corporation violating any such regulation, provision, or amendment is guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than one hundred dollars ($100), or by imprisonment in the County Jail for not more than ten (10) days, or by both such fine and imprisonment, (See also, Chapter II, Section 7). Each day during which such illegal erection, construction, reconstruction, alteration, maintenance, or use continues shall be deemed a separate offense. (am. 05/01/07) b) In addition to such criminal penalties, any person, firm or corporation violating these Land Use Regulations may be subject to a civil penalty in an amount of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), (See also, Chapter II, Section 7). Each day during which such violation continues shall be deemed a separate offense and shall be the subject of a continuing penalty in an amount not to exceed one hundred dollars ($100) for each such day. (orig. 05/01/07) c) In addition to other remedies provided by law, the County Attorney may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use. (orig. 05/01/07) 3) The Zoning Administrator, or authorized representative, is authorized to enter upon private property for the purpose of administering these Land Use Regulations. The owner of the property shall give the Zoning Administrator free access after Eagle County has given reasonable notice for such survey or inspection. If access is denied, the Zoning Administrator may apply to the District Court of Eagle County for an order authorizing entry. If a violation shall be found to exist, the Zoning Administrator, or authorized representative, shall give written notice to the violator to correct such violation within ten(10) calendar days after the date of such notice. Should the violator fail to correct the violation within such ten(10) day period, the Eagle County Zoning Administrator, or authorized representative, may request that the County Sheriff issue a summons and complaint to the violator, stating the nature of the 7 LAND USE REGULATIONS EAGLE COUNTY,COLORADO Chapter 1 Exhibit A ECLUR Chapter 1_Clean cHAPTF,R 1: GENERAL PROVISIONS BUILDING VIOLATIONS violation with sufficient particularity to give notice of said charge to the violator. The summons and complaint shall require that the violator appear in County Court at a definite time and place stated therein to answer and defend the charge. One copy of said summons and complaint shall be served upon the violator by the County Sheriff in the manner provided by law for the service of a criminal summons. One copy each shall be retained by the Sheriff and the Eagle County Department of Community Development, and one copy shall be transmitted by the Sheriff to the Clerk of the County Court. (am. 05/01/07) Notwithstanding the foregoing, the issuance of a written notice as specified in the paragraph next above shall in no way or manner be deemed a prerequisite to the institution of any enforcement proceedings set forth herein; and provided further, that compliance with such written notice shall not necessarily be deemed to be a defense to any alleged violation of these Land Use Regulations in any court action instituted seeking full compliance therewith, but evidence of compliance with such order may be introduced as matter in mitigation and extenuation. 4) The County Attorney's office is hereby authorized to enforce the provisions of this Section on behalf of the Board of County Commissioners. 1.14.02 Building Violations 1) The County Building Official or his designated representative is authorized to administer and enforce the County Building Code set forth in Chapter III of these Land Use Regulations. It shall be unlawful to erect, construct, reconstruct, alter or remodel any structure, dwelling, or building in the designated area without first obtaining a building permit from the County Building Official or his designated representative except when expressly exempt from the Eagle County Building Resolution as found in Chapter III. The County Building Official or his designated representative shall not issue any permit unless the plans for such proposed erection, construction, reconstruction, alteration, or remodeling fully conform to the regulations and restrictions in the County Building Code. a. Any person, firm or corporation violating the provisions of the County Building Code is liable upon conviction of a fine of not more than $100, or by imprisonment in the County Jail for not more than ten (10) days, or by both such fine and imprisonment. Each day during which such illegal erection, construction, reconstruction, alteration, maintenance or use continues shall be deemed a separate offense. (an:. 05/01/07) b. In addition to such criminal penalties, any person, firm or corporation violating these Land Use Regulations may be subject to a civil penalty in an amount of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). Each day during which such unlawful activity 8 LAND USE REGULATIONS EAGLE COUNTY,COLORADO Chapter 1 Exhibit A ECLUR Chapter 1_Clean CHAPTER 1: GENERAL PROVISIONS BUILDING VIOLATIONS continues shall be deemed a separate violation and shall be the subject of a continuing penalty in an amount not to exceed one hundred dollars ($100) for each day. Until paid, any civil penalty ordered by the County Court shall, as of recording, be a lien against the property on which the violation has been found to exist. In case the assessment is not paid within thirty (30) days, it may be certified by the County Attorney to the County Treasurer, who shall collect the assessment, together with a ten percent penalty for the cost of collection, in the same manner as other taxes are collected. Any lien placed against a property pursuant to this section shall be recorded with the Eagle County Clerk and Recorder. (am. 05/01/07) c. In addition to other remedies provided by law, the County Attorney may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration or use. (am. 05/01/07) 2) Whenever a County Building Inspector or Code Enforcement Officer has personal knowledge of any violation of the Eagle County Building Code, he or she shall give written notice to the violator to correct the violation within ten (10) calendar days after the date of the notice. Where the violator fails to correct the violation within the ten(10) day period, the County Building Inspector or Code Enforcement Officer may request that the County Sheriff issue a summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of the charge to the violator. Any violation of the County Building Code shall be deemed a nuisance. (am. 05/01/07) 1.14.03 Reserved for future use. (amd. 07-29-2014) 1.14.04 Road Cut and Road Construction within Public Ways 1) It shall be unlawful for any person to make, construct, reconstruct, or alter any opening, excavation, tunnel, sidewalk, curb, gutter, street, or to perform any other work of any kind within the public way which will result in physical alteration thereof, unless such person shall first have obtained a road cut and/or road construction permit for the performance of such, and unless such work shall be performed in conformity with the terms and provisions of Chapter 3 of the Eagle County Engineering Criteria Manual. (am. 03/09/23) 2) It shall be unlawful for any person to violate the terms of Chapter 3 of the Eagle County Engineering Criteria Manual, or of any lawful orders or regulations issued incident thereto, including,but not limited to the County Engineering Regulations, Design Standards and Construction Standards. Any such violation shall render the violator appropriate civil proceedings and/or criminal proceedings under Section 435301, C.R.A. 1973, as amended. (am. 03/09/23) 9 LAND USE REGULATIONS EAGLE COUNTY,COLORADO Chapter 1 Exhibit A ECLUR Chapter 1_Clean CHAPTER 1: GENERAL PROVISIONS PUBLICHEQRING 1.14.05 Cumulative Effect The foregoing remedies and enforcement provisions shall be cumulative and not exclusive and shall be in addition to any other remedies and enforcement provisions provided by law. 1.14.06 NonLiability for Damages These Land Use Regulations shall not be construed to hold Eagle County in any manner responsible for any damages to persons or property resulting from any inspection as herein authorized or resulting from any failure to so inspect, or resulting from the issuance or denial of a building permit as herein provided, or resulting from the institution of court action as hereinabove set forth or the forbearance by Eagle County to so proceed. 1.14.07 NonLiability of Officials Any County Official or employee, charged with the enforcement of these Land Use Regulations, acting in good faith and without malice on behalf of said County in the discharge of his official duties, shall not thereby render himself personally liable for any damages which may accrue to persons or property resulting from any such act or omission committed in the discharge of such duties. Any suit or proceeding instituted against such official or employee, stemming from any act or omission performed by him in the enforcement or attempted enforcement of any provision of these Regulations, shall be defended by the legal officer(s) of the County until final termination of the proceedings. 1.15 AMENDMENTS 1.15.01 Scope and Authority From time to time the Board of County Commissioners may amend any of the provisions of these Land Use Regulations, including but not limited to the number, shape, boundaries, area or requirements of any zone district or other areas and may create new districts and areas. This Section sets forth the procedures for the adoption of amendments to all provisions of these Land Use Regulations except Chapter II, which contains its own provisions for amendments. 1.15.02 Private Applications Any private applicant seeking an amendment under the procedures of this Section to the provisions of these Land Use Regulations shall submit an application to the Department of Community Development, which shall include the name and address of the applicant and the language proposed for addition, deletion, or amendment. io LAND USE REGULATIONS EAGLE COUNTY,COLORADO Chapter 1 Exhibit A ECLUR Chapter 1_Clean CHAPTER 1: GENERAL PROVISIONS PROCEDURE 1.15.03 Commencement Amendments to the provisions of these Land Use Regulations may be proposed by a private applicant, the staff, the Planning Commission or the Board. 1.15.04 Referrals 1) Before the Department of Community Development issues a staff report to the Planning Commission on Land Use Regulation amendments, the proposed amendment shall be referred to any appropriate referral agencies for an advisory opinion. The Planning Commission shall then review the staff report and advisory opinions prior to rendering a recommendation to the Board of County Commissioners. (am 12/16/08) 2) If the proposal would affect land lying wholly or partially within three (3) miles or within the area encompassed by the Comprehensive Plan of any incorporated municipality, such proposal shall be referred to the City Clerk of that municipality for recommendation by the city or town planning commission or city council or town board, or agents designed by them. Failure of the city to make recommendations within thirty (30) days constitutes a waiver of its right to do so. (am 12/16/08) 1.15.05 Public Hearing 1) The Planning Commission shall hold a public hearing prior to recommending the adoption of any amendments or changes to these Land Use Regulations or Building Resolution. The time and place of such public hearing shall be advertised by the Commission at least fifteen(15) days prior to the hearing in a newspaper of general circulation within the County. After considering the testimony at the public hearing and comments from governmental agencies and interested parties, the Planning Commission shall recommend approval, conditional approval or disapproval of the proposed changes or amendments to the County Commissioners. (am 12/16/08) 2) The Board, before finally adopting any amendments or changes to these Land Use Regulations or Building Resolution, shall hold a public hearing thereon, notice of which shall be published once in a newspaper of general circulation in the County at the expense of the applicant at least thirty(30) and not more than sixty (60) days before the hearing. Such notice shall state the date, time and place of the hearing; the place where the proposal and relevant materials may be examined; and a telephone number where inquiries may be answered. Notwithstanding the foregoing public notice requirement, notice of a public hearing on any proposed amendments to the County Building Code shall be given by at least one publication in a newspaper of general circulation in the 11 LAND USE REGULATIONS EAGLE COUNTY,COLORADO Chapter 1 • Exhibit A ECLUR Chapter 1_Clean CHAPTER I. GENERAL PROVISIONS PROCEDURE county at least fifteen(15) days prior to said hearing. In no case shall the area covered by the building code be extended or changed unless the same has been proposed by or is first submitted for the approval, disapproval, or suggestions of the county planning commission. (am 12/16/08) 3) The proposal shall be available for public inspection in the Department of Community Development for thirty(30) days prior to the hearing before the Board of County Commissioners. 1.15.06 Board Action 1) In making its decision the Board shall consider the information disclosed at the public hearing, the Department of Community Development recommendation and any referral agency comments, any comments of incorporated areas to which the proposal was referred, and the advisory comment of the Division of Planning. 2) If the proposal recommended by the Planning Commission is substantially altered by the Board, then the Board shall resubmit the altered proposal to the Planning Commission for its approval, disapproval, or suggestions. The Planning Commission shall send its report to the Board within thirty (30) days. 3) The planning Commission may recommend and the Board may adopt only those amendments which it finds to be in conformance with the policies and regulations of these Land Use Regulations, and the Eagle County Master Plan. 1.16 APPEALS 1.16.01 Appeals to the Board of County Commissioners Except as otherwise specifically provided in Chapter II, appeals to the Board of County Commissioners may be taken by any person aggrieved by his inability to obtain a building permit, or by the decision of any administrative officer or agency based upon or made in the course of the administration or endorsement of the provisions of these Land Use Regulations. Appeals to the Board of County Commissioners may also be taken by any officer, department,board, or bureau of the County affected by the granting or refusal of a building permit or by other decision of an administrative officer or agency based on or made in the course of the administration or enforcement of the provisions of these Land Use Regulations. Such appeal must be made within 30 days after the occurrence of such grievance or decision which is the subject of the appeal. 1.16.02 Procedure 1) Appeals hereunder shall be initiated by the filing of a written Notice of Appeal to the Clerk of the Board of County Commissioners. Said Notice of Appeal shall include the following information: 12 LAND USE REGULATIONS EAGLE COUNTY,COLORADO Chapter 1 Exhibit A ECLUR Chapter 1_Clean CHAPTER 1: GENERAL PROVISIONS PROCEDURE a) The nature of the decision or grievance by which the appeal is being taken; b) The date of such decision or grievance, and the name of the administrative officer or agency making the same; c) Any applicable rules or regulations pertaining to the decision or grievance being appealed from; d) The name and mailing address of the Appellant; e) Legal description of the property affected; f) Brief factual description setting forth the particulars and reasons for the appeal; and g) Any other information as may be required by the Board of County Commissioners. 2) Upon receipt of a Notice of Appeal, the Clerk of the Board of County Commissioners shall schedule the appeal for hearing before the Board of County Commissioners, which hearing shall not be later than thirty(30) days from the receipt thereof Written notice of the date, time and place of the hearing shall be given not later than ten(10) days prior to the date of hearing to the Appellant and any other person who may be affected thereby. 3) Not later than ten (10) days prior to the scheduled hearing, any and all exhibits, testimony and evidence of whatsoever kind shall be transmitted to the Clerk of the Board of County Commissioners. 4) At the hearing, the Board of County Commissioners shall consider all the evidence transmitted to the Clerk of the Board of County Commissioners and any additional evidence which it deems appropriate. Strict rules of evidence shall not apply, but all additional oral evidence shall be reduced to writing in summary form. 5) Ruling: Within twenty(20) days from the date of the hearing, the Board of County Commissioners shall issue its written ruling affirming, modifying, or, reversing the decision or action which is the subject of the appeal. Copies of the Ruling shall be mailed to the Appellant and any other interested parties. 13 LAND USE REGULATIONS EAGLE COUNTY,COLORADO Chapter 1 Exhibit A ECLUR Article 4_Redline ARTICLE 4 SITE DEVELOPMENT STANDARDS - EAGLE COUNTY 1 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS TABLE OF CONTENTS TABLE OF CONTENTS DIVISION 4-1.OFF-STREET PARKING AND LOADING STANDARDS 4 SECTION 4-100. PURPOSE 4 SECTION 4-110. APPLICABILITY 4 SECTION 4-120.NUMBER OF REQUIRED PARKING AND LOADING SPACES 4 SECTION 4-130. GENERAL STANDARDS FOR PARKING AND LOADING AREAS 6 SECTION 4-140. DESIGN STANDARDS FOR PARKING AND LOADING AREAS 7 DIVISION 4-2. LANDSCAPING AND ILLUMINATION STANDARDS 15 SECTION 4-200. PURPOSE (am.5/16/06)(am.12/11/07) 15 SECTION 4-210.APPLICABILITY 15 SECTION 4-220. LANDSCAPE PLAN 16 SECTION 4-230. LANDSCAPING DESIGN PRINCIPLES, STANDARDS AND MATERIALS 18 SECTION 4-240. INSTALLATION AND MAINTENANCE REQUIREMENTS 27 SECTION 4-250. ILLUMINATION STANDARDS 29 DIVISION 4-3. SIGN REGULATIONS 30 SECTION 4-300. PURPOSE 30 SECTION 4-310. APPLICABILITY 30 SECTION 4-320. PROHIBITED SIGNS 32 SECTION 4-330. SIGN STANDARDS APPLICABLE IN ALL ZONE DISTRICTS 34 SECTION 4-340. SIGN STANDARDS APPLICABLE TO SPECIFIC ZONE DISTRICTS 37 SECTION 4-350. PROCEDURE TO OBTAIN A SIGN PERMIT 41 SECTION 4-360.NONCONFORMING SIGNS 42 SECTION 4-370. VIOLATIONS AND PENALTIES 43 DIVISION 4-4.NATURAL RESOURCE PROTECTION STANDARDS 45 SECTION 4-400. PURPOSE 45 SECTION 4-410. WILDLIFE PROTECTION 45 SECTION 4-420. DEVELOPMENT IN AREAS SUBJECT TO GEOLOGIC HAZARDS ' 48 SECTION 4-425. HILLSIDE DEVELOPMENT(orig. 02/06/07) 52 SECTION 4-430. DEVELOPMENT IN AREAS SUBJECT TO WILDFIRE HAZARDS 57 SECTION 4-440. WOOD BURNING CONTROLS 61 SECTION 4-450. RIDGELINE PROTECTION 63 SECTION 4-460. ENVIRONMENTAL IMPACT REPORT 69 DIVISION 4-5.COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS 74 SECTION 4-500. PURPOSE 74 LAND USE REGULATIONS 2 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS TABLE OF CONTENTS SECTION 4-510. APPLICABILITY 74 SECTION 4-520.NOISE AND VIBRATION STANDARDS 74 SECTION 4-530. SMOKE AND PARTICULATE STANDARDS 74 SECTION 4-540. HEAT, GLARE,RADIATION AND ELECTRICAL INTERFERENCE 75 SECTION 4-550. STORAGE OF HAZARDOUS AND NON-HAZARDOUS MATERIALS 75 SECTION 4-560. WATER QUALITY STANDARDS 76 DIVISION 4-6. IMPROVEMENTS STANDARDS 77 SECTION 4-600. PURPOSE 77 SECTION 4-610. APPLICABILITY 77 SECTION 4-620. ROADWAY STANDARDS 77 SECTION 4-630. SIDEWALK AND TRAIL STANDARDS 111 SECTION 4-640. IRRIGATION SYSTEM STANDARDS 112 SECTION 4-650. DRAINAGE STANDARDS 113 SECTION 4-660. EXCAVATION AND GRADING STANDARDS (orig 03/12/02) 116 SECTION 4-665. EROSION CONTROL STANDARDS (am 03/12/02) 116 SECTION 4-670. UTILITY AND LIGHTING STANDARDS 120 SECTION 4-680. WATER SUPPLY STANDARDS 121 SECTION 4-690. SANITARY SEWAGE DISPOSAL STANDARDS 122 DIVISION 4-7.IMPACT FEES AND LAND DEDICATION STANDARDS 125 SECTION 4-700. SCHOOL LAND DEDICATION STANDARDS 125 SECTION 4-710. ROAD IMPACT FEES (orig. 05/15/01) 126 SECTION 4-720. EMERGENCY SERVICE IMPACT FEES (orig. 12/13/05) 169 DIVISION 4-8. SUSTAINABLE COMMUNITY INDEX(org.9/17/08) 178 SECTION 4-800. PURPOSE 178 SECTION 4-801. APPLICABILITY 178 SECTION 4-820. POINT REQUIREMENTS 178 SECTION 4-830. POINT DETAILS 179 SECTION 4-830.1. SITE/LOCATION: 179 SECTION 4-830.2. CONNECTIONS/USES: 180 SECTION 4-830.3. TRANSPORTATION: 183 SECTION 4-830.4. RESOURCE EFFICIENCY 186 LAND USE REGULATIONS 3 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS DIVISION 4-1. OFF-STREET PARKING AND LOADING STANDARDS SECTION 4-100. PURPOSE • This Division establishes parking standards for land uses within unincorporated portions of Eagle County. The standards are intended to lesseen congestion on streets, to ensure an adequate supply of parking spaces within a reasonable distance of land uses and to provide standards for the design and use of required parking areas. SECTION 4-110. APPLICABILITY The standards of this Division shall apply to all development, including new uses, expansion of existing uses and the change of use of land or structures. SECTION 4-120. NUMBER OF REQUIRED PARKING AND LOADING SPACES A. Off-Street Parking Required. All uses shall be required to provide that number of off-street parking spaces which complies with the standards set forth in Table 4-120, "Minimum Off-Street Parking Standards For Each Use". 1. Multiple Uses. If two (2) or more principal uses occupy a single parcel or structure, the number of required off-street parking spaces for the parcel or structure shall be the additive total for each principal use of the parcel or structure. 2. Shared Parking or Loading Areas. No parking or loading area that is required by these Land Use Regulations shall be a required parking or loading area for another use,unless it can be shown that the peak use periods for required parking or loading areas for two (2) or more uses located on the same or adjoining sites will not overlap with one another. Upon the presentation of satisfactory evidence by the applicant that such shared use will not result in a shortage of parking at any time, the Planning Director may approve a shared use arrangement for said parking or loading area and may reduce the number of off-street parking spaces by up to twenty(20)percent of the total required for all uses. 3. Required Fractional Spaces. When any calculation of the number of required off-street parking spaces results in a fractional space being required, such fraction shall be rounded up to the next higher number of spaces. LAND USE REGULATIONS 4-4 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS TABLE 4-120 MINIMUM OFF-STREET PARKING STANDARDS FOR EACH USE Use Parking Standard Single-Family or Duplex Dwelling Unit 3 spaces per dwelling unit' Mobile Home Unit 2 spaces per mobile home space Multi-Family Dwelling Unit: 1 bedroom or studio 2 spaces per dwelling unit' 2 to 3 bedrooms 2.5 spaces per dwelling unit 4 or more bedrooms 3 spaces per dwelling unit Multi-Housekeeping Dwelling Unit 1 space per bedroom Lodging Unit(including hotel,motel, lodge,boarding house and similar uses) 1 space per room Retail, Service Commercial and Office 1 space per 250 s.f. of net leasable floor area2 Restaurant and Tavern 1 space per every 4 seats 1 space per 100 s.f of floor area used for Auditorium and Public Assembly Areas seating or assembly Public Facilities and Health Facilities (excluding auditorium and public assembly 1 space per 300 s.f. of floor area2 areas) Ski Facility: • 1 space per 4 persons of maximum allowed Visitors skiers at one time(SAOT) Mountain Employees employees per day/1.3 persons per day Manufacturing Establishment 1 space per 1,000 s.f. of floor area Wholesale Establishment, Warehouse, Rail or Truck Freight Terminals 1 space per 2,000 s.f. of floor area Notes: 1. The parking requirement for a studio or one (1) bedroom dwelling unit shall be 2 spaces per unit. 2. Net leasable areas include only those areas that are designed to be leased to a tenant and occupied for commercial or office purposes, exclusive of any area dedicated to foyers, bathrooms, stairways, circulation corridors and mechanical areas and storage areas used solely by tenants on the site. 4. Uses Not Listed. The number of required off-street parking spaces for any use not LAND USE REGULATIONS 4-5 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4 Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS specifically listed in Table 4-120, "Minimum Off-Street Parking Standards For Each Use", shall be determined by the Planning Commission, considering a report and recommendation by the Planning Director. The report shall identify the standards for any similar uses listed in Table 4-120, "Minimum Off-Street Parking Standards For Each Use", and shall also identify other potentially applicable standards contained in recognized publications or used in communities similar to Eagle County. B. Off-Street Loading Required. Buildings or structures that are designed to receive and distribute materials and merchandise by truck, or that are substantially altered so as to receive and distribute materials and merchandise by truck, shall provide and maintain off-street loading berths or loading spaces in sufficient number to meet their own need. Where the property or use is served or designed to be served by tractor-trailer delivery vehicles, the following standards shall be used in establishing the minimum number of off-street loading berths required: Gross Floor Area Number of of the Building Required Loading Berths or Spaces Up to 10,000 sq. ft. 1 Greater than 10,000 sq. ft. 2 SECTION 4-130. GENERAL STANDARDS FOR PARKING AND LOADING AREAS A. Continuing Obligation. The provision and maintenance of off-street parking and loading spaces that comply with the standards of this Division shall be a continuing obligation of the property owner. 1. Spaces Shall Be Shown With Building Permit Application. No building permit shall be issued until plans are presented showing the area that will be made available for exclusive use to meet the applicable off-street parking and loading standards. A plan drawn to scale, indicating how the applicable off-street parking and loading standards will be fulfilled, shall accompany an application for a building permit. 2. Spaces Shall Remain Available. Any subsequent use of property for which the building permit is issued shall be conditional upon the unqualified continuance and availability of parking and loading spaces that comply with the standards of this Division. 3. Change of Use. Should the owner or occupant of any lot or building change the use to which the lot or building is put, thereby increasing off-street parking and loading requirements, it shall be unlawful and in violation of these Regulations to begin or maintain such altered use until such time as the increased off-street parking and loading requirements are complied with. LAND USE REGULATIONS 4-6 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS B. Prohibited Uses of Required Spaces.Required parking spaces shall be available only for the parking of operable passenger automobiles of residents, guests, customers, patrons,and employees of the use for which they are required. Prohibited uses of required parking spaces shall be as follows: 1. Inoperable Vehicles or Materials. Inoperable vehicles or materials shall not be stored in required parking spaces. 2. Delivery Vehicles. Delivery vehicles or trucks used in conducting the business or use shall not be parked in required parking spaces during business hours, but may be parked in such spaces for overnight storage or parked in designated additional spaces during business hours or for overnight storage. 3. Vehicles for Sale.Vehicles shall not be displayed for sale in any parking area required for a non-residential use, except for the casual display of a vehicle by its owner, when the owner is an employee or customer using the premises. 4. Repair Work. Repair work shall not be conducted in any parking area required for a non-residential use if the repairs render a vehicle inoperable for periods of more than twenty-four(24)hours. 5. Commercial Vehicles on Residential Property. Commercial vehicles or heavy equipment used in a business operation shall not be parked in required parking spaces for a residential use, unless the commercial vehicle is used for a permitted home occupation or is a company vehicle used for commuting that is parked overnight. C. Location of Required Parking Spaces. Required off-street parking spaces shall be located as follows: 1. On The Same Lot. On the same lot as the structure the spaces are intended to serve; or 2. Within a Common Assigned Parking Area. Within a common assigned parking area under the ownership of the individual owners of,and within the same development as, the use the spaces are intended to serve,unless specific arrangements have been approved by the Planning Commission, considering a report and recommendation by the Planning Director. D. Loading and Unloading. Loading and unloading of vehicles serving commercial and industrial uses shall be conducted on private property and not on any street or alley. SECTION 4-140. DESIGN STANDARDS FOR PARKING AND LOADING AREAS A. 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 LAND USE REGULATIONS 4-7 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS include, but are not limited to, asphalt, concrete, paving blocks, and gravel surface. Grass 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 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 CommitteeA117.1, 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) LAND USE REGULATIONS 4-8 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS 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 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 A 117.1. 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) LAND USE REGULATIONS 4-9 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS 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 4-10 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS DOUBLE ROW PARKING BOTH ROWS OF PARKING STALLS FOR TWO WAY PARKING FOR INDOOR PARKING STALLS MUST BE AT THE SAKE ANGLE THE AISLE MUST BE DIMENSIONS WILL BE OR IF ANGLE OF STALLS 24 FEET WIDE 18' x 9'OR AS OTHERWISE SHOWN VARY,THEN THE GREATER FOR OUTDOOR PARKING STALLS DISTANCE FOR THE AISLE DIMENSIONS WILL BE WILL APPLY. 20'x 10'OR CURB,GUTTER AND WHEEL STOPS ARE INSTALLED ONE-WAY "o c PARALLEL \,w o- PARKING LV ( 1) 11 \ oQ ONE-WAY 30 DEGREE ANGLE PARKING ,'•,\\\\<k>,..\\\\ N cs ONE-WAY \e 45 DEGREE ANGLE PARKING `` �^ \,� iv \\\ N , ONE-WAY 0 80 DEGREE m ANGLE PARKING 1:/// ///4 / 7 2 `0 TWO-WAY 90 DECREE ANGLE PARKING _1 o LAND USE REGULATIONS 4-11 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4 Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS SINGLE ROW AND HANDICAP PARKING .IF ANGLE OF STALLS FOR TWO WAY PARKING FOR INDOOR PARKING STALLS VARY, THEN THE GREATER THE AISLE MUST BE DIMENSIONS WILL BE DISTANCE FOR THE AISLE 24 FEET WIDE 18' x 9' OR AS OTHERWISE SHOWN WILL APPLY. FOR OUTDOOR PARKING STALLS DIMENSIONS WILL BE 20' x 10' OR CURB, GUTTER AND WHEEL STOPS ARE INSTALLED \D PARALLEL (In ��o 0 PARKING O GV 30 DEGREE ONE-WAY ANGLE PARKING 45 DEGREE ONE-WAY ANGLE PARKING \\\\4 \\:\ ♦■ ONE-WAY 80 DEGREE ANGLE PARKING / TWO-WAY 90 DEGREE ANGLE PARKING / II HANDICAP PARKING • / SINGLE SPACE AND DOUBLE SPACE pXokiti �' 12'-0" 10'-QA 1O'- / c 5-D" LAND USE REGULATIONS 4-12 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS 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, LAND USE REGULATIONS 4-13 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS 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. 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. LAND USE REGULATIONS 4-14 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS DIVISION 4-2. LANDSCAPING AND ILLUMINATION STANDARDS SECTION 4-200. PURPOSE (am.5/16/06)(am.12/11/07) A. Purpose. The purpose of this Division is to provide standards for landscaping, water conservation relative to landscaping, and illumination of development within unincorporated portions of Eagle County, so as to maintain and enhance the character of residential neighborhoods, commercial centers and industrial areas. This is accomplished by: 1. Setting minimum standards for planting within residential and non-residential development and associated parking areas; 2. Promoting and facilitating water conservation through the efficient utilization of water for irrigation purposes; 3. Preventing degradation of water resources and related aquatic environments due to soil erosion and low stream flow events. 4. Preventing property damage due to improper drainage. 5. Minimizing unsightliness through the use of landscape buffers and screening around and between the County's more intensively developed areas. 6. Eliminating the spread of noxious weeds or invasive plant species. 7. Establishing standards to prevent illumination from becoming a nuisance to neighboring properties or to motorists,while allowing illumination necessary for safety purposes. SECTION 4-210. APPLICABILITY These regulations are applicable to all new construction in the unincorporated territories of Eagle County, and shall supersede the provisions of any previously approved Planned Unit Development which may contain language contradictory in nature to the intent of these regulations. In the event that a previously approved Planned Unit Development documents, including the Preliminary Plan, the PUD Guide and all supporting materials contain language which is more restrictive than the language found in these regulations, then the more restrictive language shall apply. The standards of this Division shall apply except as follows: (am.12/11/07) A. Existing Structure. The standards of this Division shall not apply to remodeling, repair, restoration or alteration of an existing structure. However, additions or expansions that increase the footprint of a commercial, industrial or multi-family structure by more than twenty-five (25) percent and any landscape berms not previously approved through the Subdivision, PUD or building permit process shall comply with the standards of this Division to the maximum extent possible. Additions or expansions that increase the footprint of a single family or duplex structure LAND USE REGULATIONS 4-15 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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) 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 LAND USE REGULATIONS 4-16 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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, 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) LAND USE REGULATIONS 4-17 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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) 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) LAND USE REGULATIONS 4-18 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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) 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 LAND USE REGULATIONS 4-19 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS specifications. Detailed site specific irrigation plans for single-family and duplex residential lots will be required with application for building permit. (See also Section 4-24O.A.5 Installation and Maintenance Requirements, Irrigation System) (orig. 12/11/07) a. Use of Raw Water. Developments on land that has access to agricultural irrigation water rights are required to design and utilize a separate raw water system to accommodate all long term landscape irrigation needs. (orig. 12/11/07) b. Limitation on Pop-up Spray Heads. The use of above-ground, pop-up spray heads shall be limited to manicured turf areas only. Drip,micro jet or other low water consumptive water delivery systems shall be used for all other planted areas. (orig. 12/11/07) (1) Exception for Temporary Irrigation. Non-permanent spray systems may be used on a temporary basis to promote seed germination in revegetated areas. Irrigation shall be discontinued once a healthy stand of vegetation has been established. (orig. 12/11/07) (2) Exception for Homes in Areas of Moderate, High or Extreme Wildfire Danger Above ground spray heads may be used to irrigate landscape improvements within the 15 foot "Zone 1" defensible space area for homes located in areas of moderate, high or extreme wildfire danger. (orig. 12/11/07) (3) Exception for "dirty" water. In those instances where un-filtered irrigation water precludes the use of drip, micro jet or other low water consumptive delivery systems, alternative water delivery systems may be used to irrigate landscape improvements. (orig. 12/11/07) 5. Living Cover.All required landscape areas shall be landscaped. Non-living ground cover is encouraged, to the greatest extent practicable in the drier climates of the County, and may include decorative gravel, bark mulch, river rock or similar materials. Decorative elements, such as walks, decks, terraces, water features and similar treatments may be provided. (am 12/11/07) 6. Plants Compatible with Local Conditions. All plants used for landscaping shall be compatible with the local climate and the soils, drainage and water conditions of the site. When planting occurs on hillsides, slopes, drainage ways or similar natural areas, plant material should duplicate adjacent plant communities both in species composition and spatial distribution patterns. Whenever possible, landscaping should consist of drought-resistant varieties and employ low water consumptive design principles. Plant varieties adapted to local soil conditions and exposures should be used for all areas scheduled for drip irrigation. (am 12/11/07) • 7. Save Existing Vegetation. The landscape plan shall be designed so that healthy trees, native vegetation and natural or significant rock outcroppings and other valued features LAND USE REGULATIONS 4-20 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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) 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 anyother information deemed relevant bythe Director. pp (orig. 12/11/07) 9. Minimum Size. Landscaping within a clear vision area shall comply with the height limitations of Section 4-230.B4r.13i.a., Clear Vision Area. Otherwise, trees and shrubs LAND USE REGULATIONS 4-21 EAGLE COUNTY,COLORADO Article 4 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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 one-half (1-1/2) inches in caliper, measured four(4) feet above the ground. (am 12/11/07) b. Coniferous Trees. Coniferous trees shall be a minimum of four(4)feet in height, measured from the top of the root ball to the top of the tree. (am 12/11/07) c. Ornamental Trees. Ornamental and flowering trees shall be a minimum of one and one-half(1.5) inches in caliper, measured four(4) feet above the ground. (am 12/11/07) d. Shrubs and Vines. Shrubs shall be in a minimum three(3)gallon container, and shall be a minimum of one (1) to two (2) feet in height. Vines shall be in a minimum one(1) gallon container. (am 12/11/07) 10. Minimum Number of Trees and Shrubs within Required Landscape Area. Landscape areas that are provided in order to comply with the maximum lot coverage standards of the Residential Multi-Family(RMF),Residential Suburban Medium Density (RSM), Residential Suburban Low Density (RSL), Commercial Limited (CL), Commercial General (CG), Industrial (I) and Rural Center (RC) zone districts shall comply with the applicable standards from Table 4-230, Number of Trees and Shrubs Within Required Landscape Area. TABLE 4-230 NUMBER OF TREES AND SHRUBS WITHIN REQUIRED LANDSCAPE AREA* Dimensions of Required Landscape Area Minimum Number of Required Trees and Shrubs Ten(10)to fifteen(15)feet in width One (1) tree and six (6) shrubs per two hundred-fifty(250) sq. ft. of landscaped area Fifteen(15)to twenty-five (25)feet in width One (1) tree and six (6) shrubs per two hundred-seventy-five (275) sq. ft. of landscaped area More than twenty-five(25) feet in width One (1) tree and six (6) shrubs per three hundred(300) sq. ft. of landscaped area Note * See text of Section 4-230 B.7 to determine applicability of these standards. (am 12/11/07) 11. Trees within a Paved Area. Any tree planted within a paved area shall be placed in a LAND USE REGULATIONS 4-22 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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) 14. Standards for Landscape Berms. Earthen landscape berms shall conform to the following processes and standards: (orig. 05/16/06) a. Pursuant to Section 4-660.A.2, Excavation and Grading Standards,proposals for landscape berms not previously approved through the Subdivision, PUD or building permit process must obtain a grading permit or an exemption from a grading permit from the Eagle County Engineer. b. All berms shall conform to Section 4-230 B.13.a., Clear Vision Area. c. All berms shall conform to dimensional limitations listed under Section 3-340.C.4, Fence, Hedge, Wall or Berm. Proposals for earthen berms not conforming to Section 3-340.C.4, Fence, Hedge, Wall or Berm, shall be required to obtain approval from Eagle County as detailed in Section 4-230.B.15, Approval Process for Large Landscape Berms. LAND USE REGULATIONS 4-23 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS d. Earthen berms shall be located outside of stream setbacks, and shall not impact wetlands or riparian areas. e. Earthen berms shall not encroach into public rights of way, drainage easements, access easements or utility easements, unless evidence has been submitted indicating approval of the placement of the berm by the holder of the right-of-way or easement. f. Berm slopes shall be no steeper that 2:1. Berm contours shall be smoothly undulated along both the linear face and the crest to mimic natural topographic features. g. Berms shall be designed to have a natural appearance, and shall specifically avoid the appearance of a levy or a dam. Where physical space allows, the pattern of berms on the landscape should be discontinuous in nature. Breaks between separate berm segments should be purposefully located to facilitate drainage, pedestrian movement, wildlife movement, utilities, and/or the preservation of public view corridors. Separate berm segments may overlap one another by no more than 10% of their combined length. h. Landscape plant materials used should vary in size and species, and should be placed in natural appearing groups along the toe, slopes and crest of the berm. The type of trees and shrubs selected and their position on the berm should be considerate of the local climate, soil conditions and exposure. • i. Berm design and placement shall reflect consideration for the well-being of wildlife. Southern exposures near roads can attract animals in the early spring and densely planted areas near roads provide hiding places from which animals can suddenly appear. j. All earthen berms shall be fully revegetated to prevent erosion and to provide a sustainable and attractive vegetative cover. 15. Approval Process for Large Landscape Berms. Berms taller than eight (8) feet as measured from natural grade at any point on the side of the berm that faces an adjacent property or longer than 150 feet in length shall be required to obtain a Finding of No Significant Impact (FONSI) from the Director of Community Development or approval of a Site Specific Development Plan by the Board of County Commissioners. (orig. 05/16/06) a. Submittal requirements for large landscape berms shall include the following: (1) Minimum Contents of application as detailed in Section 5-210.D.2, (2) A detailed landscape plan as described in Section 4-220.C, and LAND USE REGULATIONS 4-24 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4 Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS (3) Any other information, analysis or study as deemed relevant and appropriate by the Director of Community Development b. Determination. Based upon review of the application material and the information obtained at the pre-application meeting, the Director may determine that a Finding of No Significant Impact(FONSI) is warranted. (1) Finding of No Significant Impact (FONSI). The Director of Community Development may determine that a Finding of No Significant Impact (FONSI) should be issued if the construction of the berm in its proposed location is consistent with the spirit and intent of related standards and is unlikely to have any significant adverse impact to adjacent properties or public resources or amenities. In the instance that a FONSI is made, and upon expiration of the reconsideration period described below, the applicant may pursue obtaining a Grading Permit for the construction of the berm. (2) Notice of Director's Determination of a FONSI. (a) Upon the Director's Determination of a FONSI, the Director shall notify the applicant by mail, and shall notify the Board, the County Administrator and the County Attorney of the Determination by e-mail or memorandum. (b) The Notice of Director's Determination of the FONSI shall be published once in the County legal newspaper not more than fourteen (14) days following the Determination. The notice shall describe the Project and the procedure for requesting reconsideration as set forth below. (3) Reconsideration of Director's Determination of a FONSI. (a) Call-up by the Board. Within fourteen (14) days after publication of the Director's Determination of a FONSI, the Board may decide to reconsider the Determination. Such reconsideration shall be made at the next regularly scheduled meeting of the Board for which proper notice can be accomplished. (b) Request for Reconsideration by Affected Party. Any affected party seeking a reconsideration of the Director's Determination of a FONSI shall file a written request with the Board within fourteen (14) days of the date of publication in the newspaper of the Notice of the Director's Determination of the FONSI. The Board shall reconsider the Director's Determination of the LAND USE REGULATIONS 4-25 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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 LAND USE REGULATIONS 4-26 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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. 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 LAND USE REGULATIONS 4-27 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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 water systems, the avoidance of day-time irrigation, the installation of rain sensors, and the design of irrigation zones that accommodate the physical characteristics of the site and/or the groupings of vegetation installed must be employed to the greatest extent practicable. (am 12/11/07) 6. Maintenance. All landscaping shall be healthy at the time of its installation and shall meet the standards of the American Association of Nurserymen. Landscaping shall be maintained so that it remains alive, or replacement is required and shall be enforced pursuant to Chapter I, Section 1.14 Enforcement of these land use regulations. (am 12/11/07) a. Landowner Responsible. Maintenance of landscaped areas shall be the responsibility of the landowner. b. Replacement. Landscaping that does not survive within the first three (3) years after it is planted shall be replaced within three (3) months after it perishes, unless that date is not during a planting season, in which case it shall be replaced during the first month of the next planting season. The replacement vegetation shall be similar in size, type and amount to the vegetation that perished, so the integrity of the landscape plan is preserved and shall be in compliance with any approved Wildlife Enhancement Plans included as part of a subdivision and/or Planned Unit development approval. (am 12/11/07) c. Noxious Plant Materials. Weed control shall be required. Plant materials as listed on the most current noxious plant material list adopted by the Board of County Commissioners shall not be allowed as landscaping, and must otherwise be managed in compliance with applicable State and County regulations. (am 12/11/07). B. For Single Family and Duplex Lots(orig. 12/11/07) 1. Required Time For Completion. Notwithstanding requirements related to any other applicable permits, unless provided by the terms of deed restrictions, a subdivision improvements agreement or the terms of the Planned Unit Development documents, the owner of a single-family or duplex residence shall be required to complete installation of the landscaping, per the approved plan, within one growing season after receiving a Certificate of Occupancy. For the purposes of this regulation, growing season begins April 1'and extends through October 31 s`. LAND USE REGULATIONS 4-28 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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. 3. Maintenance Responsibility. The landowner shall be responsible for the maintenance of all landscaped areas. Periodic weed control shall be required, and plant materials listed on the most current noxious plant material list adopted by the Board shall not be allowed as landscaping, and must otherwise be managed in compliance with applicable State and County regulations. SECTION 4-250. ILLUMINATION STANDARDS A. Purpose. This section establishes standards for controlling illumination to prevent intense glare or direct illumination that would create a nuisance detract from the use or enjoyment of adjoining property or cause traffic hazards to motorists. B. Standards. Exterior illumination shall not cast glare directly onto adjacent properties. Low Pressure Sodium (LPS) lamps are the preferred illumination source but other sources can be considered depending upon the filtering, shielding,height and number of sources. Mercury vapor lamps are discouraged. Streetlights used for illumination of public ways are encouraged to be 20 feet or less in height. Outdoor lighting used for decorative effects (architectural illumination, flag and monument lighting, illumination of trees, bushes, etc.) should be located, aimed, or shielded so as to minimize stray light trespassing across property boundaries. LAND USE REGULATIONS 4-29 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS DIVISION 4-3. SIGN REGULATIONS SECTION 4-300. PURPOSE The purpose of this Division is to provide a comprehensive system of reasonable, effective, consistent, content-neutral and non-discriminatory standards for signs. These standards control the construction, size, type, location and maintenance of signs and sign structures within the unincorporated portions of Eagle County so as to: A. Protect Appearance. Protect the appearance of the community and enhance the attractiveness of Eagle County as a place to live, do business and visit. B. Identification. Enable places of residence and commerce to be easily identified and allow the communication of information necessary for the conduct of business. C. Compatible. Permit signs that are compatible with their surroundings and aid in orientation,but preclude placement in a manner that conflicts with the principal uses of the site, adjacent land uses, or adjacent signs, or interferes with,obstructs the vision of, or distracts motorists,bicyclists or pedestrians. D. Limit Size and Number. Limit the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business. E. Lessen Hazards. Lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement or installation, illumination, animation and excessive height, area and bulk of signs that compete for the attention of motorists,bicyclists and pedestrians. F. Safety. Protect the public from the dangers of unsafe signs, and require signs to be constructed, installed and maintained in a safe manner. SECTION 4-310. APPLICABILITY A. General. The provisions of this Division shall apply to the display, construction, erection, alteration, use, maintenance and location of all signs within the unincorporated areas of Eagle County, except as specifically exempted in Section 4-310 B.,Exempt Signs. All signs displayed, constructed, erected or altered after the date of the adoption of this Division shall be in conformance with its applicable provisions. All signs that are existing at the time of the adoption of this Division shall not be altered or enlarged without being in conformance with this Division. B. Exempt Signs. The following types of signs shall be allowed in all zone districts and are not subject to the requirement to obtain a sign permit,pursuant to Section 4-350, Procedure to Obtain Sign Permit. This exemption shall not be construed to relieve the owner from complying with LAND USE REGULATIONS 4-30 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline • ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS 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. 9. Historic Plaques. Memorial tablets or commemorative plaques installed by an historical agency, including cornerstones for buildings. 10. Scoreboards. Scoreboards used for athletic events, provided they do not exceed twenty (20)feet in height and sixtyfour(64) square feet in size. 11. Holiday Decorations. Decorations, clearly incidental and customary and commonly associated with any national, local or religious holiday. 12. Signs Affixed to Vehicle. Any signs permanently affixed to a truck, train, automobile, airplane or other operable vehicle that is not placed in a location for the purpose of advertising a product, service or activity or to direct people to a business or activity located on the premises or nearby. 13. Flags. Flags of any state, nation, government and any other flag not specifically used for advertising purposes. Flags shall not exceed sixtyfour(64) square feet in size. LAND USE REGULATIONS 4-31 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS 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. 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. LAND USE REGULATIONS 4-32 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS I. Signs Making Sounds. Any sign that contains a radio, phonograph, whistle, bell or other soundmaking 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 daytoday business having the name of the permitted use(s) or service(s) offered. N. Obsolete Signs. Signs that are located on property that becomes vacant and unoccupied for a period of six (6) months or more, or a sign that pertains to a time, event or purpose that no longer applies shall be considered obsolete. The sign face of an obsolete sign shall be removed by the owner of the sign or the owner of the property. A sign that is not so removed by the owner may be removed by the Planning Director, as authorized by Section 4-370, Violations and Penalties. Provided, however, that the following types of signs shall be excepted from these provisions: 1. Exception for Change of Ownership. Permanent signs displayed on a business temporarily suspended because of a change of ownership or management of the business shall not be construed to be obsolete unless the property remains vacant or the business is closed for a period of six(6)months or more. 2. Exception for Seasonal Business. Permanent signs displayed on a business that is open only on a seasonal basis shall not be construed to be obsolete unless the property remains vacant or the business is closed for a period of twelve (12) months or more. O. Obscene Signs. Signs or pictures of an obscene, indecent or immoral character, such as will offend public morals or decency in accordance with constitutional standards. P. Three Dimensional Signs. Three (3) dimensional signs, such as statues, real or simulated, utilized for advertising purposes. Q. Balloons. Balloons or similar types of lighterthanair objects tethered to the ground by lines or other methods, except for those used in conjunction with special events that do not exceed three (3)days in duration. R. Signs on Natural Features. Signs painted on rocks or other natural features. LAND USE REGULATIONS 4-33 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS SECTION 4-330. SIGN STANDARDS APPLICABLE IN ALL ZONE DISTRICTS A. Relationship to Other Regulations. The County's sign standards recognize other regulations pertaining to signage (such as the State of Colorado, Department of Highways, "Rules and Regulations Pertaining to Outdoor Advertising," effective January 1, 1984). Where any provision of this Section covers the same subject matter as other applicable regulations,the more restrictive regulation shall apply. B. Signs Limited to On-Premises Advertising. Signs shall identify or advertise interests conducted only on the lot of the sign location. C. Comprehensive Sign Plan. All buildings or lots containing more than one (1) business shall be required to submit a comprehensive sign plan showing all proposed signage in the building or lot. The comprehensive sign plan shall allocate to individual businesses their portion of the total sign area permitted for the building or lot. It shall also contain provisions that ensure that all signs in the building or on the lot will have a consistent appearance in terms of color, size, shape, lettering,graphics and illumination. D. Conform to Other Codes. Signs and sign structures shall be designed and constructed to conform to the Eagle 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 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 LAND USE REGULATIONS 4-34 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS 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. 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, LAND USE REGULATIONS 4-35 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS 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 4-36 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS HEIGHT/SIGN SETBACK CALCULATION PROPERTY LINE / 25' BUILDING SETBACK 4-ACTUAL BUILDING HEIGHT OR HEIGHT/SETBACK / LIMITATION UNE THE SIGN MAY BE SET ANYNHERE WHIN THIS PROPERTY LINE / TRUNCATED Immo 25' OR 50' SETBACK� BUILDING SETBACK UNE The formula for calculating Example: Setback requiremnet for an 8' high sign sign height and/or setback on a vacant lot with a 50' setback is: is: sign setback sign height q = - -=16' from the property line. bldg. setback bldg. height 50 25 SECTION 4-340. SIGN STANDARDS APPLICABLE TO SPECIFIC ZONE DISTRICTS A. Signs Allowed in All Residential, Agricultural and Resource Zone Districts. The following signs shall be allowed by sign permit in all Residential,Agricultural and Resource Zone Districts, as identified in Section 3-210,Residential,Agricultural and Resource Zone Districts. 1. Residential Identification Sign. One (1) residential building, lot or occupant identification sign per dwelling unit (identifying the name and/or address), provided the total sign area does not exceed twelve (12) square feet. LAND USE REGULATIONS 4-37 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS 2. Special Use Identification Sign. One (1) identification sign per approved special use, provided the total sign area does not exceed thirty-two (32) square feet, or as further restricted under the conditions of the special use permit. 3. Subdivision Identification Sign. One (1) identification sign per subdivision entrance in residential developments, provided that the sign area of each sign shall not exceed thirty-two (32) square feet and the maximum height of such signs shall not exceed eight (8) feet. Such signage shall not be required to meet the height/setback calculation, provided that the sign shall not be located within an intersection clear zone and shall not impede drainage. 4. Identification Sign for Model Home. One(1)identification sign per model home within an approved subdivision, provided that the sign area does not exceed sixteen(16) square feet and the maximum height shall not exceed six (6) feet. Such signage shall not be required to meet the height/setback calculation,provided that the sign shall not be located within an intersection clear zone and shall not impede drainage. 5. Sign For Vacant Land. One (1) sign for the sale, rent or lease of vacant land,provided that the total sign area shall not exceed sixteen (16) square feet, the sign is not illuminated, and the sign is limited to one (1) sign per parcel, lot,or group of contiguous lots under single ownership. Said sign shall be removed within seven(7)days following completion of the land sale,rental or lease. 6. Sign For Dwelling Units. Signs for the sale, rental or lease of dwelling units under construction or to be constructed, provided that no more than one (1) sign is located adjacent to each street abutting the subdivision, and providing that the total sign area of each sign does not exceed sixteen(16)square feet. No such sign shall remain erected for more than two (2)years or until the last dwelling unit is sold,whichever comes first. 7. Construction Sign. One (1) construction sign for each construction project not to exceed thirty-two (32) square feet in sign area. Two (2) individual tradesmen may display separate signs, not to exceed sixteen (16) square feet each, in addition to the thirty-two (32) square foot construction sign. Such signs may be erected ten (10) days prior to beginning construction and shall be removed after six (6) months or upon completion of construction whichever is later. Construction signs shall not count toward the total sign area allowed per lot. B. Signs Allowed Only in Certain Residential,Agricultural and Resource Zone Districts.The following signs shall only be allowed by sign permit in the residential, agricultural or resource zone districts specified herein. 1. Signs Advertising Products Raised on Premises. Signs advertising the sale of products produced or raised on the premises shall be allowed in the Resource (R), Resource Limited (RL), Agricultural Residential (AR), Agricultural Limited (AL), Rural Residential (RR) and Fulford Historical (FH) zone districts, provided that the total sign area shall not exceed twentyfour(24)square feet and shall not be illuminated. LAND USE REGULATIONS 4-38 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS 2. Directory Sign. One (1) directory sign shall be allowed for each lot, parcel, or group of contiguous lots under single ownership located in the Residential Suburban Low Density (RSL), Residential Suburban Medium Density (RSM), Residential Multi-Family (RMF) zone districts. The sign shall not exceed sixteen(16) square feet in sign area or eight(8) feet in height. Directory signs may be illuminated, in compliance with the provisions of this Division. One (1) individual directory sign, not exceeding eight (8) square feet in sign area, shall also be permitted for each multifamily structure. C. Signs Allowed In Commercial And Industrial Zone Districts. The following signs shall be allowed by sign permit in the Commercial and Industrial zone districts identified in Section 3-220,Commercial and Industrial Zone Districts. 1. Individual Business Signs. Individual businesses shall not exceed one(1) square foot of sign area per linear foot of building frontage for the first thirty-two(32) feet and one-third (1/3) of a square foot of sign area per linear foot of building frontage in excess of thirty-two (32) feet. In no case shall the total sign area for an individual business exceed a maximum of sixty-four(64) square feet,per street frontage. 2. Multiple Business Signs. Multiple businesses (business or shopping centers) shall be required to submit a comprehensive sign plan showing all proposed signage within the business center. The comprehensive sign plan shall comply with the provisions of Section 4-340.D.2.,Comprehensive Sign Plan and the following standards: a. Business Center. The business center itself shall be allowed one (1) square foot of sign area per linear foot of building frontage for the first thirty-two (32) feet and one-third (1/3) of a square foot of sign area per linear foot of building frontage in excess of thirty-two(32) feet. In no case shall the total sign area for a business center exceed a maximum of sixty-four (64) square feet, per street frontage. b. Individual Business. Each individual business within the business center shall be allowed twenty (20) square feet of sign area in addition to that permitted for the business center. c. Allocation to Businesses. Allocation of total aggregate sign area to individual businesses or tenants is not specified by these Regulations, but instead shall be the responsibility of the property owner or authorized agent. 3. Directory Sign. One (1) directory sign per street frontage shall be allowed, identifying the individual businesses within the business center, provided that the total sign shall not exceed forty (40) square feet in area nor ten (10) feet in height. The directory sign shall not be included in the total sign area allowed for the business center, and shall not be required to meet the height and setback calculation, provided that the sign shall not be located within an intersection clear zone nor shall it impede drainage. LAND USE REGULATIONS 4-39 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS 4. Directional Signs. Directional signs shall be allowed,provided that the total sign area of each sign shall not exceed six(6) square feet or eight(8) feet in height. Directional signs shall not be included in the total sign area allowed per individual business or multiple business and shall not be required to meet the height/setback calculation, provided that the signs shall not impair visibility for traffic movement and shall not impede drainage. 5. Sign for New Business. One (1) sign shall be permitted for each new or relocated business, for a period not to exceed thirty (30)days,to allow the business sufficient time to install a permanent sign. The area of the sign shall not exceed thirtytwo (32) square feet,which shall not be included in the total sign area allowed for each business. 6. Sale, Rent or Lease Sign. One (1) for sale, for rent or for lease sign per business shall be allowed, provided that the total sign area of each sign shall not exceed sixteen (16) square feet in sign area. Said sign shall be removed within thirty(30)days of completion of the sale, rent or lease of the business. This temporary sign shall not be included in the total sign area allowed for each business. 7. Sign for Vacant Land. For sale, for rent or lease signs advertising vacant land shall be allowed, provided that the total sign area of all such signs shall not exceed sixteen (16) square feet and shall be limited to one (1) sign per parcel, lot or group of contiguous lots under single ownership. Said signs shall be removed within seven (7) days following completion of the land sale, rental or lease. These signs shall not be included in the total sign area allowed for each business. 8. Construction Sign. One (1) construction sign for each construction project shall be allowed, not to exceed thirty-two (32) square feet in sign area. Two (2) individual tradesmen may display separate signs not to exceed sixteen (16) square feet each in addition to the thirty-two (32) square foot construction sign. Such signs may be erected ten (10) days prior to beginning construction and shall be removed after six (6) months, or completion of construction, whichever is later. Construction signs shall not be included in the total sign area allowed for each business. 9. Window Signs. Window signs shall be allowed,provided that no more than twenty-five (25) percent of the exterior window area, per street frontage, is covered by signs. Window signs shall not be included in the total sign area allowed for each business. D. Signs Allowed in a Planned Unit Development(PUD). 1. PUD Sign Plan. Signs within a Planned Unit Development(PUD) shall comply with all provisions of this Division,unless specifically varied by the approval of a comprehensive sign plan for the development. If a comprehensive PUD sign plan has been approved by the Board of County Commissioners,the provisions of that sign plan shall supersede any conflicting parts of this Division. 2. Comprehensive Sign Plan. Any Planned Unit Development may, by or through its managing body, submit to the County a comprehensive sign plan for the control and LAND USE REGULATIONS 4-40 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS regulation of signs within the PUD. The application and review procedures to amend an approved PUD, as specified in Section 5-240 F.3.m., Amendment, shall be followed for the review and approval of the PUD sign plan and any amendments thereto. 3. Application and Review Procedures. No application for a sign permit in a PUD shall be approved by Eagle County unless the application has been authorized for submission by the managing body of the PUD. Applications shall be submitted to the Eagle County Planning Department, together with two (2)copies of a sketch of the proposed sign(s) and any other pertinent information. The staff shall review the application to determine whether the proposed signage is consistent with the comprehensive PUD sign plan, as approved by the Board of County Commissioners. SECTION 4-350. PROCEDURE TO OBTAIN A SIGN PERMIT The following procedure shall be followed in order to erect and maintain a sign after the effective date of these regulations (which was February 21, 1989). A sign permit shall also be required at any time the area of an existing sign is increased. A. Permit Required. A sign permit for all signs shall be obtained from the Planning Department, unless the sign is specifically listed as exempt, pursuant to Section 4-310 B., Exempt Signs. No permit shall be required for the maintenance of a sign or for a change of copy, provided that the sign conforms to the standards of this Division. B. Pre-Existing Signs. A sign permit shall not be required for signs erected prior to May 8, 1978, provided that said signs conform to the standards of this Division. C. Application Form. Application for a permit to erect or display a sign in Eagle County shall be made to the Eagle County Planning Department on standard forms provided by the Department. Application forms shall be completed and signed by the property owner or authorized agent, and submitted with the appropriate fee, as established from time-to-time by Eagle County. Only complete applications shall receive consideration for approval. D. Drawing. All requests for a sign permit shall be accompanied by a drawing that is fully drawn to dimensions, showing the sign structure and proposed lighting. A site plan shall also be submitted, showing the location, setbacks, height and sign area of all proposed and existing signage on the lot. E. Electrical Permit. All requests for a new illuminated sign or that require replacement or extension of electrical wiring shall be accompanied by an application for an electrical permit. F. ' Inspection. The applicant shall request an inspection by Eagle County within three(3)months of the date of issuance of a sign permit. The sign permit shall expire three(3)months after its date of issuance if the sign has not been inspected and received final approval. A single three (3) month time extension may be granted by the County, if the extension is requested by the applicant in writing prior to expiration of a valid permit. LAND USE REGULATIONS 4-41 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS G. Permit is For Life of Sign.A sign permit shall be issued for the life of the sign. H. Amendments. If, after a sign permit has been issued by Eagle County, it becomes necessary to change, modify, or alter the structural characteristics of the sign, or otherwise deviate from the terms or conditions of said permit, such amendment may be allowed, upon approval by the County, without additional permit fees being assessed. Such approval may only be granted by the County upon a finding that said amendment conforms to the provisions of this Division. A written record of such approval shall be entered upon the original permit application and maintained in the files of the Eagle County Planning Department. SECTION 4-360. NONCONFORMING SIGNS A. General Provisions. Section 4-300, Purpose, describes the County's intentions for the administration of signs in Eagle County. In order to reach those intentions, the eventual termination of signs that do not conform to these regulations is both reasonable and desirable. B. Policy for Legally Nonconforming Signs. The provisions of this Section allow nonconforming signs to continue, while at the same time assuring that the neighborhood in which the nonconforming sign exists will eventually benefit from the substantial compliance of permanent and temporary signs with these regulations. C. Determination That Sign is Legally Nonconforming.A legally nonconforming sign is any sign that: 1. Does Not Conform to Original Sign Regulations. Was lawfully erected as of the effective date of this Division, which was February 21. 1989, and has been lawfully maintained in accordance with the provisions of any prior regulations, but does not conform to this Division; or 2. Does Not Conform to Amended Sign Regulations. Was lawfully erected as of or after the effective date of this Division, which was February 21, 1989, and has been lawfully maintained in accordance with the provisions of this Division, but which sign,by reason of amendment to the provisions of this Division after the effective date hereof, does not conform to this Division. D. Continuation of Legally Nonconforming Signs. 1. Sign May Not Be Changed. Any legally nonconforming sign may be continued in operation and maintained after the effective date of this Division,which was February 21, 1989, provided no such sign shall be changed in any manner that increases the nonconformity of such sign. 2. Burden Rests Upon Owner. The burden of establishing a sign to be legally nonconforming under this Division rests entirely upon the person claiming such status for a sign. LAND USE REGULATIONS 4-42 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4 Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS E. Termination of Legally Nonconforming Signs. The right to use, operate or maintain a legally nonconforming sign shall terminate upon any of the following: 1. Abandonment. Signs pertaining to activities or occupants that are no longer using a property shall be removed from the premises within six (6) months after the associated activity or occupant has vacated the premises. Any such sign not removed within the required period shall constitute a nuisance and shall be subject to removal by action of Eagle County. 2. Violation. Any violation of this Division and/or any preexisting Eagle County sign provisions shall immediately terminate the right to maintain such sign. 3. Destruction, Damage or Obsolescence. The right to maintain any legally nonconforming sign shall terminate whenever the sign sustains damage in excess of fifty (50) percent of its replacement cost,or becomes obsolete or substandard to the extent that the sign becomes a hazard. 4. Condemnation. The Board of County Commissioners may choose to condemn a nonconforming sign. Recommendations for condemnation may be made by the Planning Director,when the sign is found to be in violation of this Division. 5. Failure to Maintain. The right to continue use of a legally nonconforming sign shall terminate if the sign is not maintained in good structural and visual condition, as determined by the Board of County Commissioners,based upon the recommendations of the Planning Director. SECTION 4-370. VIOLATIONS AND PENALTIES A. Inspection and Order to Repair. The Planning Director shall inspect and shall have the authority to order the repair, alteration, painting or removal, at the owner's expense, of any sign that constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation or obsolescence. B. Written Order. When the Planning Director finds that a violation of this Division exists,he shall issue a written order to the alleged violator. The order shall specify those provisions of this Division that the individual may be in violation of and shall state that the individual has ten(10) days from the date of the order in which to correct the alleged violation, or to file a variance application with the Planning Department. C. Removal of Obsolete Sign. If, upon inspection, the Planning Director finds that a sign has been abandoned, he shall issue a written order to the owner of the sign and/or owner or occupant of the premises stating the nature of the violation and requiring that person to remove or repair the sign within ten (10) days from the date of the order. In cases of emergency,the Planning Director may cause the immediate removal of any sign that endangers the public or is structurally, materially, electrically or otherwise defective, without notice, at the expense of the owner of the sign or LAND USE REGULATIONS 4-43 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS 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 twentyfour (24)hour period in which the violation exists constitutes a separate violation. G. Penalties. Penalties for violations of this Division shall be as provided in Article 7,Enforcement. LAND USE REGULATIONS 4-44 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS DIVISION 4-4. NATURAL RESOURCE PROTECTION STANDARDS SECTION 4-400. PURPOSE The purposes of this Division are: (1) to provide for the protection of wildlife, riparian areas and other natural resources; (2) to ensure that development on steep and unstable slopes and other areas subject to geologic hazards is accomplished in a manner that protects the safety of inhabitants and'minimizes environmental and aesthetic impacts; and (3) to preserve ambient air quality and water quality and quantity,to maintain the County's healthy,attractive mountain environment for residents and visitors. SECTION 4-410. WILDLIFE PROTECTION A. Purpose. As natural land and native wildlife habitat is developed for human use, the need to minimize the negative impact of humans on wildlife and their habitat increases. The purpose of the Wildlife Protection Section is to protect and maintain wildlife in Eagle County and minimize the risk of dangerous interaction between humans and wildlife. This is done through the development review process whereby potential wildlife habitat is identified and appropriate avoidance, minimization and/or impact mitigation techniques are suggested that will sufficiently protect the wildlife species and their habitats. (am 3/12/02) B. Wildlife Analysis. 1. Applicability. At the discretion of the Planning Director, the provisions of this Section may apply to any application for a Special Use Permit, Subdivision or Planned Unit Development(PUD). (am 3/12/02) 2. Procedure for Wildlife Analysis. An applicant for development that is subject to the provisions of this Section 4-410.B, Wildlife Analysis, shall submit a Wildlife Analysis as part of the application. The purpose of the Wildlife Analysis is to identify the location of wildlife habitat or migration routes, determine potential impacts of development, and identify appropriate avoidance, minimization, and/or impact mitigation techniques. The County encourages the assistance of competent professional technicians at this stage of the planning process. (am 3/12/02) 3. Referral to Colorado Parks and Wildlife. As part of the review of the application, the Planning Director, shall refer to the Colorado Parks and Wildlife(CPW) all applications as identified in Section 4-410.B.1, Applicability. Referral of Final Plat applications will be at the discretion of the Planning Director. (am 3/12/02) 4. Review by CPW. CPW will be requested to review the application and determine whether there is potential impact to wildlife habitat or migration routes. During their review, CPW should take into consideration potential impacts to the following: LAND USE REGULATIONS 4-45 EAGLE COUNTY COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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 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. LAND USE REGULATIONS 4-46 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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 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); LAND USE REGULATIONS 4-47 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS (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 (approximately 450 pounds). c. Outdoor Compactor Design. Compactors must be Wildlife Proof No trash may be exposed and doors must be kept closed except when loading or removing refuse. d. Time Limit. Refuse for curb-side pick up shall only be allowed to remain by the curb during daylight hours. Refuse containers which do not meet the standards of Section 4-410.C.3. "General Requirements," must be wildlife resistant and may only remain outdoors from dawn to dusk on the day of trash pick-up. SECTION 4-420. DEVELOPMENT IN AREAS SUBJECT TO GEOLOGIC HAZARDS A. Purpose. There are certain types of lands in Eagle County that have the potential to pose hazards to human life and safety and to property due to their geologic characteristics. These lands include, but are not limited to, avalanche hazard areas, rockfall hazard areas, landslides, debris fans, talus slopes, areas containing expansive soils and rocks, and areas susceptible to ground subsidence. Development in eeYrMin—efthese hazard areas also has the potential to cause significant impacts on the environment, including loss of soil and vegetation cover, which can cause increased runoff and consequent erosion and sedimentation. (am. 02/06/07) These regulations are intended to ensure that development avoids geologic hazard areas whenever possible. Where it is not possible for development to avoid these areas, mitigation techniques shall be provided to reduce or minimize the potential impacts of these hazards on the occupants of the property and, as applicable,the occupants of adjacent properties. B. Maps Incorporated. There are two (2) sets of maps that depict the potential geologic hazard areas in unincorporated Eagle County. The first such map set is known as "Bedrock Geological, Surficial Deposits and Potential Geologic Hazards Map, Eagle County, Colorado", prepared by Charles S. Robinson and Associates, Inc., Golden, Colorado, 1975.* The second such map set is known as "Bedrock Geological, Surficial Deposits and Potential Geologic Hazards Map, Eagle County, Colorado", prepared by Allan E. Miller, Consulting Geologist, Steamboat Springs, Colorado, 1977-78. These two (2) maps sets are hereinafter referred to collectively as "The Eagle County Geologic Hazard Maps" and are hereby incorporated herein by reference. A copy of the map sets are available for review by the public in the Office of the Planning Director during normal business hours. C. Applicability. The provisions of this Section 4-420, Development in Areas Subject to Geologic Hazards, shall apply to the following: (am. 02/06/07) LAND USE REGULATIONS 4-48 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 1. Lands Designated on Geologic Hazard Maps. Applications for Building Permit, Subdivision Exemption, Subdivision, Special Use, or Planned Unit Development 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. (ant. MM/DD/YYYY) 2. Exemptions. The following types of development shall be exempt from the provisions of this Section 4-420,Development in Areas Subject to Geologic Hazards. a. Previously Subdivided Lot. The development of a single-family residence duplex, multi-family structure, commercial, industrial or institutional structure on a lot that received prior subdivision approval by Eagle County and, which bears the Board of County Commissioners Certificate. Also, any development conducted pursuant to a valid, approved special use permit shall be exempt. The development of said uses shall comply with any geologic hazard mitigation requirements applied by Eagle County to the approval of the subdivision,Planned Unit Development or Special Use Permit. (am. 02/06/07) b. Existing Structure. The remodeling, repair, restoration, alteration or expansion of any existing structure. D. Procedure. 1. General. Review of development that is subject to the provisions of this Section 4-420, and shall require referral of the application to the Colorado Geological Survey(CGS). 2. Geologic Hazards Analysis. An applicant for development that is subject to the provisions of this Section 4-420, Development in Areas Subject to Geologic Hazards, shall submit a Geologic Hazards Analysis. The purpose of the Geologic Hazards Analysis is to determine, on a site specific basis, the location and degree of severity of the geologic hazards encumbering the property. The Geologic Hazards Analysis shall be prepared by a professional qualified geologist or registered engineer who has the expertise to map and evaluate geologic hazards and to assess their potential impacts on the development. The map depicting slopes may be prepared by a surveyor registered in Colorado. (am. 02/06/07) a. Building Permit Applications. For development requiring a Building Permit, the application shall include those materials described under Subsection 4-420.D.2.e.(2), Preliminary Plan/Special Use Permits, in addition to the materials required for the Building Permit application pursuant to Chapter III of these Regulations. (orig.MM/DD/YYYY) b. Subdivision Exemption. For development requiring a Subdivision Exemption, the application shall include those materials described under Subsection 4-420.D.2.e.(2), Preliminary Plan/Special Use Permits, in addition to the LAND USE REGULATIONS 4-49 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS materials required for the Subdivision Exemption application pursuant to Article 5, Section 5-270 Subdivision Exemption. (orig.MM/DD/YYYY) Pca n t, the applhc..t. 420.D.2.d1-.(2), I\cl. ' Jr 1 / Special 1•J t It 4. s iA adD.efl Art;tk 5;e5ect;en 5 250£1,..c;nl Us„.--(..„.. 0 Y06/$7; d. Minor Subdivision. For development requiring a Minor Subdivision of land, excluding condominium maps, subdivision of townhomes, duplexes or patio homes, and lot line adjustments, the application shall include those materials described under Subsection 4-420.D.2.cb.(2), Preliminary Plan-/-Special Use Permits, in addition to the materials required for a Minor Subdivision application pursuant to Article 5, Section 5-290 Minor Subdivision. (orig. 02/06/07) e. Development Involving Subdivision, Special Use Permit, or Planned Unit Development Review. For any development subject to the procedures and standards of this Section that involves Subdivision, Special use Permit, or Planned Unit Development review, the Geologic Hazards Analysis shall be submitted in two (2) steps, as follows: (1) Sketch Plan. The Geologic Hazards Analysis submitted with the sketch plan shall provide an initial investigation of the feasibility that the development can comply with this Section. It shall contain the following materials: (a) Map. A map of the property that depicts the general locations of geologic hazards regulated by this Section in relationship to planned development areas. The map shall depict contours at a minimum of ten(10)foot intervals. (am. 02/06/07) (b) Report. A brief report describing, in a general manner, whether the development is able to avoid the geologic hazards or proposes to mitigate the impacts of those hazards on the development. If mitigation is proposed, a general description of the form that mitigation is proposed to take shall also be provided. (2) Preliminary Plan/Special Use Permits. The Geologic Hazards Analysis submitted with the Preliminary Plan or Special Use Permit shall provide a site specific analysis of how the development will comply with this Section. It shall contain the following materials: (am. 02/06/07) (am. MM/DD/YYYY) (a) Site Specific Analysis. A site specific analysis of the property LAND USE REGULATIONS 4-50 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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 an evaluation of any recent natural or human-made activity associated with the geologic hazards and shall provide an expert opinion as to the degree of severity of the potential geologic hazards. (am. 02/06/07) (c) Building Envelopes. For newly proposed development or redevelopment, building envelopes shall be utilized, where applicable, to ensure that structures will be located in areas free of geologic hazards or that have been properly mitigated as to all identified hazards. Subdivision Plat Notes shall be utilized to identify geological hazards present outside of platted building envelopes, as applicable. (am. 02/06/07) (d) Report. A complete report identifying how the proposed development will comply with the standards of this Section, including proposed hazard mitigation and avoidance measures. 3. Referral to Colorado Geological Survey. During the staff review of the application, the Planning Director shall refer the application and Geologic Hazards Analysis to CGS-!lam ). Referral of Final Plat applications will be at the discretion of the Planning Director. The Report must be prepared by a registered professional engineer or geologist. a. Review By CGS. CGS shall review the application and Geologic Hazards Analysis and provide comments to the County on potential geologic hazards posed to persons and property. The purpose of this review is to make use of the expertise and judgment of CGS to evaluate the potential impacts of these hazards on development and to determine the appropriate avoidance or mitigation techniques that may best apply to the proposed development. (am. 02/06/07) b. Revision of Analysis May Be Required. If CGS determines there are geologic hazards on the property that are not shown on the Eagle County Geologic Hazard Maps and have not been addressed by the applicant,or that the Geologic Hazards Analysis is otherwise incomplete or inadequate, the County may require the applicant to revise the Geologic Hazards Analysis to properly address said hazards. LAND USE REGULATIONS 4-51 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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. 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. LAND USE REGULATIONS 4-52 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4 Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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 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 LAND USE REGULATIONS 4-53 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS (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.); (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 LAND USE REGULATIONS 4-54 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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. 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 LAND USE REGULATIONS 4-55 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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; 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 LAND USE REGULATIONS 4-56 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS vegetation where practicable; e. Minimal water usage is recommended to avoid further aggravating geologic hazard impacts. Where erosion control methods and visual impact mitigation include hillside revegetation, temporary irrigation may be utilized until the vegetation is established. SECTION 4-430. DEVELOPMENT IN AREAS SUBJECT TO WILDFIRE HAZARDS A. Purpose. There are certain regions of Eagle County that have the potential to pose hazards to 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. LAND USE REGULATIONS 4-57 EAGLE COUNTY COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS b. Preliminary Plan. The Vegetation Management Plan submitted with the preliminary plan shall provide a detailed site specific analysis which includes the following minimum information; (1) A schedule delineating how the wildfire mitigation actions identified in the plan will be implemented including,but not limited to,overlot vegetation thinning,creation of fuel-breaks and the installation of working fire hydrants, fire cisterns and or/dry hydrants prior to the introduction of combustible construction materials on the site; (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 LAND USE REGULATIONS 4-58 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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) a. Locations. Recommendations to locate structures outside of severe hazard areas, off of steep slopes and outside of draws and canyons. b. Manipulate Vegetation. Recommendations to manipulate the density and form of vegetation, so as to create defensible space buffers around locations where structures are proposed including: Removal of tree limbs hanging near chimneys, establishing fuel-breaks, reduction of on-site vegetative fuel hazards through strategic thinning and clearing to promote overall health of on-site vegetation by reducing the severity of the hazard. The form and the extent of the recommendations to manipulate vegetation shall relate directly to the severity of the hazard that is present. (am 12/17/02) c. Building Design. Recommendations to use fire rated or non-combustible roof materials, to require pitched roofs, and to sheath, enclose or screen projections and openings above and below the roofline, as applicable. Compliance with these recommendations shall occur prior to building permit issuance 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 LAND USE REGULATIONS 4-59 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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) 1. Water Supply and Access. The following standards for water supply and access shall apply to all applications as identified in Section 4-43O.B.,Applicability. a. Water Supply. (1) Fire Hydrants. (a) Fire hydrants shall be provided when a water distribution system will serve the proposed development and shall meet the required fire flow as defined in the fire code in effect at the time of application or as otherwise determined by the Local Fire Authority Having Jurisdiction. (b) The water distribution system shall be capable of delivering the required fire flow for each hydrant connected to the distribution system within the proposed subdivision as delineated in the fire code in effect at the time of application,,or as otherwise required by the Local Fire Authority Having Jurisdiction. (c) Fire hydrants shall be located at the intervals defined in the fire code in effect at the time of application, and shall be located so that all structures are within a maximum five hundred(500) feet as defined in the fire code in effect at the time of application or as otherwise determined by the Local Fire Authority Having Jurisdiction. (d) Fire hydrants shall be located in the public right-of-way or at other locations as required and approved by the Local Fire Authority Having Jurisdiction. (e) Fire hydrants shall be accessible to fire fighting apparatus from County maintained roads,privately maintained roads or unobstructed emergency vehicle lanes as determined by the Local Fire Authority Having Jurisdiction. (2) Water tanks,cisterns and/or dry hydrants. Water tanks,cisterns and/or dry hydrants shall be provided in developments that are not served by hydrants unless the Local Fire Authority Having Jurisdiction has approved an alternative fire protection water supply system. LAND USE REGULATIONS 4-60 EAGLE COUNTY.COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS (a) Water tanks and cisterns shall meet the requirements of the 1997 Uniform Fire Code as adopted by Eagle County,or as defined in the fire code in effect at the time of application. Depending upon the recommendation of the Local Fire Authority Having Jurisdiction, the Board of County Commissioners may, at their discretion, grant a variance from the required improvement standard. (b) A dedicated turn-around shall be placed no more than fifty (50) 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 LAND USE REGULATIONS 4-61 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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 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. LAND USE REGULATIONS 4-62 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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: a. Single-Family and Duplex Units. One (1) new technology device shall be permitted per dwelling unit in single-family and duplex dwellings. b. Multi-Family Units. Wood burning devices shall not be permitted within multi-family dwelling units; however, one (1) new technology device shall be permitted in the common area of a building containing multi-family units. c. Commercial and Industrial Uses. One (1) new technology device shall be permitted per each building that contains commercial and industrial use(s); or d. Hotel or Motel Use. One (1) conventional open-hearth fireplace shall be permitted in the common area of a building that contains a motel or hotel use. Said fireplace shall be constructed with glass doors and shall have the ability to regulate the amount of outside return air entering the fire chamber. SECTION 4-450. RIDGELINE PROTECTION A. Purpose. The purpose of the Ridgeline Protection Section is to preserve and maintain the County's scenic aesthetic resources as viewed from certain roadway corridors that are important to the character and economy of Eagle County. This is accomplished by the establishment of ridgeline areas within which the location and design of new development or redevelopment is reviewed to maintain and preserve the natural appearance of the mountain skyline by avoiding penetration or interruption of the natural skyline. (See definition of `Ridgeline' in Article 2: Definitions). (am.07/17/06) B. Areas Subject to Analysis. All undeveloped lands located near or on a ridgeline or intermediate ridge which are visible from the following transportation routes (am.07/17/06): LAND USE REGULATIONS 4-63 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS BRUSH CREEK ROAD GYPSUM CREEK ROAD US HIGHWAY 82 Corridor COLORADO RIVER US HIGHWAY 24 LAKE CREEK ROAD ROAD Corridor EL JEBEL ROAD SQUAW CREEK ROAD US HIGHWAY 131 Corridor FRYING PAN ROAD WEST LAKE CREEK I-70 Corridor ROAD C. Applicability. The provisions of this Section 4-450, Ridgeline Protection, shall apply to applications for Building Permits, Subdivision, Special Use, or PUD. (am.07/17/06) D. Exemptions. These standards shall not apply to: (orig.07/17/06) 1. Activity or development that has been previously approved through the Building Permit or Special Use Permit process prior to the date of adoption of these regulations; 2. All lots within platted subdivisions, approved by the Board of County Commissioners, which prior to the effective date of these Ridgeline regulations have designated building envelopes, assigned building areas or otherwise include previously approved ridgeline protection and/or mitigation standards. 3. Development which has received approval from the Board of County Commissioners through the PUD process specifically granted a variation from this section; or properties which have received a Variance from the Zoning Board of Adjustment granting a Variance from this section; 4. Telecommunication Facilities which have received Special Use Permits incorporating visual mitigation measures; 5. Public Utility Facilities which have demonstrated that no other feasible and prudent alternative sites exist; 6. Fences constructed primarily of wire; E. Standards. All non-exempt development located in identified areas shall comply with the following standards: (orig.07/17/06) 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 LAND USE REGULATIONS 4-64 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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.ib.d.(2), Preliminary Plan in addition to the required materials necessary for the special use permit application. (am.07/17/06) c. Minor Subdivision. For development requiring a Minor Subdivision, pursuant to Section 5-290 Minor Subdivision with the exception of a minor subdivision for the purpose of subdividing condominiums, townhomes, patio homes or duplex structures, the application shall include those materials described under Subsection 4-450.D.1.d.(2), Preliminary Plan (unless otherwise exempted per Section 4-450.D) in addition to the required materials necessary for the minor subdivision application. (am.07/17/06) d. Development Involving Subdivision or PUD Review. For any development. subject to the procedures of this Section that involves Subdivision or PUD review, the Visual Analysis shall be submitted in the following stages: (am.07/17/06) (1) Sketch Plan. Within the sketch plan application, the applicant shall submit an initial investigation of potential visual impacts and mitigation techniques. It shall contain the following materials: (a) Map. A map of the property that depicts the general locations of ridgeline areas protected by this Section in relationship to LAND USE REGULATIONS 4-65 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4 Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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 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.07/1 7/06) (iv) Natural and introduced landscaping for the purpose of LAND USE REGULATIONS 4-66 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4 Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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.07/1 7/06) 2. Review by County. The County shall review the application and visual analysis to determine whether there is potential visual impact to the ridgelines from transportation routes as identified in Section 4-450.B Areas Subject to Analysis. It is the intent that development subject to this Section 4-450, Ridgeline Protection, be located in such a manner that it does not appear to penetrate above the crest of a ridge whereby the proposed development has no backdrop and penetrates the skyline. (am.07/17/06) G. Approval Process for New Development Not Exempted In Section 4-450.D. Exemptions. Any proposed development which is not exempted pursuant to Section 4-450.D.Exemptions for parcels of land on ridgeline, or potential ridgeline areas must receive a Finding of No Significant Impact (FONSI) from the Director of Community Development. The FONSI determination process shall occur concurrently with review of a Building Permit, unless the proposed new development is approved by the Board of County Commissioners through the Subdivision,PUD or Special Use Permit process, in such instances, a FONSI is not necessary. (orig.07/17/06) 1. FONSI Determination. Prior to administering a FONSI determination, the Planning Director must find that all of the following criterion has been satisfied: a. The newly proposed development has been located to avoid ridgeline areas to the greatest extent practicable; LAND USE REGULATIONS 4-67 EAGLE COUNTY.COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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 LAND USE REGULATIONS 4-68 EAGLE COUNTY COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS next regularly scheduled meeting of the Board for which proper notice can be accomplished. (2) Request for Reconsideration by Affected Party. Any affected party seeking a reconsideration of the Director's Determination of a FONSI shall file a written request with the Board within fourteen (14) days of the date of publication in the newspaper of the Notice of the Director's Determination of the FONSI. The Board shall reconsider the Director's Determination of the FONSI at the next regularly scheduled meeting for which proper notice can be accomplished. The affected party may request a reasonable extension if necessary. 3. Approval Required. If the Director determines that a Finding of No Significant Impact (FONSI) is not appropriate, the application will be forwarded to the Board of County Commissioners for consideration. At a public hearing, the Board of County Commissioners shall consider the application, the relevant support materials, and any public testimony. .After the close of the public hearing, the Board may uphold the Director's determination, overturn the Director's determination or overturn the Director's determination with conditions. SECTION 4-460. ENVIRONMENTAL IMPACT REPORT A. Purpose. The purpose of an Environmental Impact Report is to provide complete information on the environmental effects of proposed development to the County Commissioners, the Planning Commission and the general public. In addition, the purpose is to ensure that long term protection of the environment is a criterion to be considered in planning, and that development decisions, both public and private, take into account the relative merits of possible alternative actions. This is accomplished by, providing procedures for review and evaluation of the environmental effects of proposed projects prior to granting of permits or other authorizations for commencement of development. B. Applicability. Unless exempted by Subsection 4-460 D. Exemptions, an Environmental Impact Report is required for applications of subdivision, special use, or PUD that may significantly affect the environment, either during construction or an a continuing basis. C. Application and Review. The Environmental Impact Report shall accompany the initial application submittal for the development proposal. Any subsequent submittal shall include the Environmental Impact report and reflect any revisions or additional information requested by the Planning Director,the Planning Commission or Board of County Commissioners. • D. Exemptions. An Environmental Impact Report shall not be required when a phase of a development for which an Environmental Impact Report was previously submitted and reviewed covering all phases of the entire development, provided that the development was approved originally and not subsequently altered in any material respect. LAND USE REGULATIONS 4-69 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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 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 LAND USE REGULATIONS 4-70 EAGLE COUNTY,COLORADO Article 4 A Exhibit A ECLUR Article 4 Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS impact on the environment. k. By involving any process which generates significant noise that may be offensive or damaging. 1. By either displacing significant numbers of people or resulting in a significant increase in population. m. By preempting a site which is desirable for recreational uses or planned open space. n. By significantly altering local traffic patterns or causing an increase in traffic volume or transit service need. o. By being a part of a larger project which, at any future stage,may involve any of the impacts listed above. 3. Preparation. The Environmental Impact Report shall be prepared by qualified professionals. 4. Inclusions. The Environmental Impact Report shall include: a. Overview of Development Proposal. A general statement identifying and describing the proposed development in terms such as site area, numbers of residential units, proposed height and bulk of buildings, building floor area in square feet, and such other data as will contribute to a clear understanding of the scale of the development. Project boundaries, and boundaries of the area within which environmental impact is likely to be significant shall be shown on a site map. b. Other Reviewers. A list of other regulatory review agencies and the specific environmental protection regulations to which the proposed development will be subject(e.g. air, water, solid waste, etc.). c. Summary. A summary of the Inventory and Analysis sections of the Environmental Impact Report and supporting technical studies shall be provided and prepared using terms that can be assessed and evaluated by county officials and the general public. d. Inventory and Analysis. The Inventory and ,Analysis shall address and incorporate the applicable Environmental Conditions pursuant to Section 4-460 E.2., Environmental Conditions, as follows: (1) Text, maps, photographs, and other appropriate illustrative material may be used as part of the Inventory and Analysis section of the LAND USE REGULATIONS 4-71 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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. (f) How, if applicable,the proposal is part of a large project which at any future stage may increase impacts. e. Environmental Topics to Address. Each Environmental Impact Report shall include inventory information and analysis of impacts on the following natural systems: (1) Hydrologic - existing surface drainage and watershed characteristics, groundwater and soil permeability characteristics, natural or man-made water features and characteristics(such as streams,wetlands,ponds, etc.) and any potential changes or impacts caused by the development proposal. (2) Atmospheric - airshed characteristics, potential emissions, and any potential changes or impacts caused by the development proposal. (3) Geologic - all land forms (ridgelines, ravines, etc.), slopes, soil characteristics, potential hazards areas, and any potential changes or impacts caused by the development proposal such as landslide, flood, settlement, siltation, avalanche or other. (4) Biotic - vegetation and wildlife habitats feeding, breeding, nesting or critical habitats including but not limited to upland,riparian and wetland, and any potential changes or impacts including but not limited to intrusion, obstruction,removal or alteration of vegetation. LAND USE REGULATIONS 4-72 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS (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. LAND USE REGULATIONS 4-73 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-5 COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS DIVISION 4-5. COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS SECTION 4-500. PURPOSE The purpose of this Division is to provide appropriate standards for the operation of commercial and industrial uses in Eagle County. These standards are intended to protect people and property from the health and safety hazards associated with excessive noise, vibration, smoke, heat, glare, radiation, fumes and water pollutants and from the improper storage of hazardous and non-hazardous materials. SECTION 4-510. APPLICABILITY This Division shall apply to all commercial and industrial uses located within unincorporated Eagle County. SECTION 4-520. NOISE AND VIBRATION STANDARDS A. Maximum Permissible Noise Levels. Every use shall be operated such that the noise level produced does not inherently and recurrently exceed sixty(60)decibels, during the hours of 7:00 A.M. to 7:00 P.M., or fifty-five (55) decibels from 7:00 P.M. to 7:00 A.M. During the hours of 7:00 A.M. to 7:00 P.M., the noise levels permitted may increase a maximum of five(5)decibels for a period not to exceed fifteen(15)minutes in any one(1)hour. 1. Measured Along Property Boundary. Noise levels shall be measured at any point along any boundary line of the property on which the use is located. 2. Measurement When There Are Multiple Uses on a Single Parcel. Where more than one (1) use is located on a property,then the noise levels shall also be measured along any wall of any other building on the property. B. Vibration Generated. Every use shall be so operated that it does not inherently and recurrently generate a ground vibration that is perceptible, without instruments, at any point along any boundary line of the property on which the use is located. Where more than one(1)use is located on a property, then this standard shall also be measured along any wall of any other building on the property. SECTION 4-530. SMOKE AND PARTICULATE STANDARDS A. Smoke Emission. Every use shall be so operated that it does not emit smoke exceeding a density (opacity) of twenty(20)percent. B. Emission of Particulate Matter. Every use shall be so operated that it does not emit particulate matter exceeding two-tenths (0.2) grains per cubic foot of the flue gas at a stack temperature of five hundred(500)degrees Fahrenheit. LAND USE REGULATIONS 4-74 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-5 COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS C. Projection of Dust or Fumes. Every use shall be operated so that dust or fumes shall not project beyond the boundary line of the property on which the use is located. Where more than one(1) use is located on a property, then each use shall be operated so that dust or fumes do not project onto any wall of any other building on the property. SECTION 4-540. HEAT,GLARE,RADIATION AND ELECTRICAL INTERFERENCE Every use shall be operated so it does not emit a dangerous or discomforting degree of heat,glare, radiation or electrical interference and does not interfere with the normal operation of other equipment or instruments, including normal radio or television reception beyond any boundary line of the property on which the use is located. Sources of emissions shall be shielded, operated indoors or pointed away from neighboring properties. Where more than one (1) use is located on a property, then these standards shall also apply along any wall of any other building on the property. SECTION 4-550. STORAGE OF HAZARDOUS AND NON-HAZARDOUS MATERIALS A. Storage of Hazardous Materials. 1. Flammable or Explosive Materials. Flammable or explosive liquids, solids, or gases shall be stored so as to comply with all applicable local, state and federal regulations, with particular attention to any standards adopted by the applicable fire district. Hazardous materials stored on-site shall be reported to the County's Emergency Planning Committee, in compliance with the Superfund Amendments Reauthorization Act, Title III, as amended. 2. Outdoor Storage in Closed Containers. All materials or wastes which might cause fumes or dust or that constitute a fire hazard or that may be edible by or otherwise be attractive to vectors may be stored outdoors only when stored in closed containers. 3. Safety. More restrictive standards for the storage of hazardous materials may be applied when required for the safety of occupants of other land uses in proximity to the storage area or to address other pertinent neighborhood conditions. B. Enclosure. All outdoor storage for commercial and industrial uses shall be enclosed by a sight obscuring fence, wall or landscaped berm, concealing it from view from adjacent properties and, if possible, from any public right-of-way. The fence or wall shall not exceed eight (8) feet in height, and shall be built according to plans submitted to and approved by the Planning Director, to ensure its design and materials do not detract from adjacent uses. C. Prevent Transfer By Natural Causes. No materials or wastes shall be stockpiled, deposited or otherwise placed upon a property in such form or manner that they may be transferred off the property by natural causes or forces. LAND USE REGULATIONS 4-75 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-5 COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS SECTION 4-560. WATER QUALITY STANDARDS No water pollutant shall be discharged by manufacturing or other processing, unless otherwise permitted by the Colorado Water Quality Control.Division. In a case in which potential hazards exist, it shall be necessary to install safeguards and mitigation acceptable to the County Environmental Health Manager and in compliance with the laws of the State of Colorado and the Environmental Protection Agency before operation of the facility may begin. All required site tests, including but not limited to percolation tests, groundwater resource tests and drainage and discharge analysis, as may be required, shall be accomplished before operation of the facilities may begin. LAND USE REGULATIONS 4-76 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS DIVISION 4-6. IMPROVEMENTS STANDARDS SECTION 4-600. PURPOSE This Division sets forth the minimum design criteria and standards for infrastructure development in unincorporated Eagle County. The criteria and standards are intended to protect and promote the public health, safety and welfare of the residents and visitors of Eagle County. SECTION 4-610. APPLICABILITY A. General Improvements and their appurtenances within unincorporated Eagle County shall be planned and designed in compliance with this Division. These standards shall apply to all development that occurs within unincorporated Eagle County. 1. Minimum Requirements. The designer should be aware that whenever unusual or complex circumstances are anticipated in conjunction with a proposed development, additional information or analysis beyond the minimums set forth herein may be required by the County Engineer. 2. 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 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 LAND USE REGULATIONS 4-77 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS blend with and fit the mountainous terrain and environment of Eagle County and, outside of the primary arterial corridors in the County,to protect the country road ambience enjoyed and desired by residents and visitors alike, and to allow for maximum creativity of the designer in achieving these goals. These standards provide the designer the means of designing and constructing or reconstructing improvements and other infrastructure that offers maximum convenience to the user at minimum cost, both initially at the time of construction and in the future during maintenance, while also providing for basic safety and functional needs to ensure adequate access to all properties for fire, police and other vital services, on a system of roads that is experiencing increasing use. 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 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. LAND USE REGULATIONS 4-78 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4 Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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 compleiment 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. 1-70 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. 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. LAND USE REGULATIONS 4-79 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4 Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 7. Local Roads. All other roads in unincorporated Eagle County are classified as local roads. 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 been clustered in the Resource Limited (RL), Agricultural Residential (AR), LAND USE REGULATIONS 4-80 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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 LAND USE REGULATIONS 4-81 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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 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 LAND USE REGULATIONS 4-82 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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. 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. LAND USE REGULATIONS 4-83 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS e. Turnarounds at Road End. All rural cul-de-sac roads shall terminate in a circular, "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 (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 of A 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 LAND USE REGULATIONS 4-84 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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 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 A d Design LAND USE REGULATIONS 4-85 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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. 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 LAND USE REGULATIONS 4-86 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS • 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 of A POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS. Chapter III. Table III-2,published by AASHTO. d. Sight Distance For Passing. Sight distance adequate for passing should be encountered frequently, at- regular intervals. On roadways with high volumes, 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. 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. LAND USE REGULATIONS 4-87 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS Such a change makes it difficult for a driver to keep within 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. 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.1.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 LAND USE REGULATIONS 4-88 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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's A 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 4-89 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS Table 4-620 J.l.e.,Lane Widening on Curves (Reserved) (-- ---''' INSIDE LANE WIDENING, IN FEET, FOR TWO LANE ROADWAYS WITH A TANGENT WIDTH OF: Degree 24 Feet 22 Feet 20 Feet Degree 18 Feet 16 Feet of Design Speed, mph Design Speed, mph Design Speed, mph of Des. Spd.Des. Spd. Curve 35 40 50 60 20 25 30 '35 40 50 60 20 25 30 35 40 50 Curve 20 25 20 25 1 0.0 0.0 0.0 0.0:.0.5 0.5 ,0.5 0.5 0.5 0.5 1.0 1.5 1.5 ,1.5 1.51.51.5 1 J.5 1.5 3.5 3.5 2 0.0 0.0 0.0 0.5 0.5 0.5 0.5 1.0 1.0 1.0 1.5 1.5 1.5 1.5 2.0 2.0 2.0_ 2 1.5 1.5 3.5 3.5 • 3 0.0 0.0 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 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 1.0 1.0 1.5 1.5 1.5 2• .0 2.0 2.0 2.5 2.5 2.5 3.0 3.0 6 2.0 2.0 4.0 4.0 7 1.0 1.0 1.51.51-52.02.02.5 2.5. 2.5 2.5 3.0 3.0 3.5 7 2.02.04.04.0 8 1.0 1.0 1.5 1.512.0 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 1.5 1.5 1.52.02.02.52.5 2.5 '3.03.03.53.5 10 2.0 2.5 -4.0 4.5 r 11 1.5 1.5 J2.0 2.0 2.0 25 2.5 3.0 3.0 3.0 3.5 3.5 11 2.0 2.5 4.0 4.5 12 J 1.5 y 2.0 2.0 2.5 2.5 3.0 3.0+3.0 3.5 3.5_4.0 12 2.0 2.5 4.0 4.5 13 2.0 2.0 2.5 2.5 3.0 3.0 3.0 3.5 3.5 4.0 4.0 13 2.5 2.5 4.5 4.5 14 2.0 i 2.02.52.53.03.0 3.03.53.54.04.0_ 14 2.52.54.54.5 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 3.0 3.5 4.0 4.0 4.5 4.5_ 24-29 3.0 3.5 5.0 5.5 24-27 3.5 4.0 4.5 5.0 _ 30-39 3.5 3.5 5.5 5.5 28-32 4.0 4.5 5.0 5.5 40-50 4.0 6.0 33-36 4.5 5.5_ 37-41 5.0 , 6.0 42-46 5.5 i 6.5 _ _ 47-50 6.0 7.0 51-55 6.5 7.5 56-60 ' ` - 7.0 8.0_ , , I • NOTES: For values less than 2.0 feet lane widening is not necessary. Where 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 RENSED SHEET 1 OF 1} (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 LAND USE REGULATIONS 4-90 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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 Model Regulations 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 4-91 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT 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 LAND USE REGULATIONS 4-92 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS six (6) percent is more appropriate for suburban and urban areas, where the frequency of stopping and starting is increased. (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 4-93 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT 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 of the 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 of AASHTO's A 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. Note: The superelevation runoff is located about the horizontal P.C. or P.T. of the LAND USE REGULATIONS 4-94 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS curve at a two-thirds/one-third(2/3:1/3)ratio,with approximately two-thirds(2/3) of the total length 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. (4) Curb Returns. Vertical controls within the curb return itself, as LAND USE REGULATIONS 4-95 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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. 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 LAND USE REGULATIONS 4-96 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS Residential 40' 50' 60' 80' Collector 40' 60' 80' 100' Commercial anc N/A 80' 80' 100' 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. 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 LAND USE REGULATIONS 4-97 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS in the profile and on the plan view. f. Scale. Scale for the curb return profile shall be one (1) inch equals ten (10) feet horizontally and one(1)inch equals one(1)foot vertically. 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G M RN fl "��� Pi •P .. PSea • c • - r r 1333 .P4.. 3DNVLS)Q LAND USE REGULATIONS 4-98 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4 Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS Pl G oce P.C. P.7. / \ / \ / !/ \ / / \co / \ / \ / \ / V RA IS ROW S1+112LE GUM : rORNu.AS T9•nU WM) ➢.l -PC0f7 Of RITERSECMN P.C. - pow or CURVATURE R. S 578 P.T.-PONT Of 7M GENCf R - RADIUS Of SMPEC CURVE i . R•IANik E- EYTERNA.I*STANCE FROM P.J.70 SUPIE CURVE -WERSECTION MNit(TOTAL CENTRAL ANGLE) E . 1001 0- AGREE Of CURVATURE 1 - LENGTN Or Ct1M(P.C.70 P.1.) LC- 7•R•Swi LC- LONG CHOW!*STANCE BETWEEN P.C.& u- NA7DI.E WOW/ 1 - TANGENT*STANCE (PI. TO P.C.OR P.1.) Y - R(1-COS4) C . R•EYSEC = R R EAGLE COUNTY FIGURE ENGINEERING DEPARTMENT SIMPLE CURVE 4-62Q2 DRAWN RENSCc SI4W 10C 1,} .-n LAND USE REGULATIONS 4-99 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS (-- ---- a NO POMO Oki"oak sF ...•mn emu..:. 4.\ ts. } + .c. P.r •`2 V. / Saglt r \ / :,,� t / t / \ / \ / \ / \ / \ / 1 / \fir gJI . s11Iro WM: \, // MOWS \ / wow w1►el 1.S. - 1a1�im'1Q PI K \ / 1 S.C. - SPIRAL 10 DP( it a 1.6'w tv.Roo.sane C.K. - arMl 1a Volt \ / i1. - WOK 10 mown \ 1 1k . 11 1Zb la - IE/K:7M Of SPOT; Is Ite - COO.ONATS Of St.MOO Fitt F.S. 1! . (Or• PY19 ar LW - COO own Cf ow C111(R Poo ON R1OJS POs, wow from 111 1.1 OR 111. to • (11Ca►pM/.1PN+S ap RC - MMM'S OR CIRCULAR CUM 0111101114 1K PI KO CUM) a A- te - MUM WW1 loom►A 10 CRKM*CIANK te P -Cfrst1 0151+11Ct Or MIX*CUM 0000uCCO U • !Sag Ix - aNT .L #P i OP CHIOIIAR —. y CO - CIFOOK. asar Or WOK MOIL i.o.0 ✓ - 000110K01(Of OfPUl P .a P.1. as -Lea De - KOBEL or csc'*.''. LI - IVO 1+ROtwR grSSIKCE Or VOW ORO rat M E1MCCN O' ! S• FOR a IKMILO Y a lY V - S►CR*WOW (DS?as+Ct Or smog Out) Ye•r • h1Rt1/3a •e•Y . ay 4.2 • t1-7m Ic•I . R . R'S1IP1 p • 1/a-r P • t1•9111/1?h K • I/7'l I • 1/11R-1�* EACL MUM E EhIGIEE pAR1LEN1 SPIRALED CURVE FIGURE 4-620 #3 _ QR•m 1 Rtveto _s+ct7 I or 1_rill LAND USE REGULATIONS 4-100 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS AtS P.I P.C. S.C. .S. P.T. SNAKE CURVE T,S P , SPIRAL CIRCULAR CURVE SPIRAL P.T. S.T. (SHFF) HFT) \\\ R Rc AT" (S • 'yT \ D � Oe // \\ // // \\\ [ \ I\ A /// \ / \\ // \\ // \\ // RADIUS POINT \ (SIMPLE CURVE) RADIUS PONT pE• (SPIRALED CURVE) RELATIONSRP - SIMPLE VS SPIRALED CURVE R - RADIUS OF SIMPLE CURVE T.S. - TANGENT TO SPIRAL Re - RADIUS OF CIRCULAR CURVE (WHIN THE SPIRALED CURVE) SC. - SPIRAL 10 CURVE D - DEGREE or CURVATURE Dc - DEGREE OF CIRCULAR ARC C.S - CURVE TO SPNCE - INTERSECTION ANGLE (TOTAL CENTRAL ANCLE) S.T. - SPIRAL TO TANGENT &c - •ITCRSECTION ANGLE Or CIRCULAR ARC P.I. - POINT OF INTERSECTION Ed - CIRCULAR CURVE DIST. UINUS SNPLE CURVE OISI. (E-Ec) P.C. - POINT OF CURVATURE p - OFFSET DISTANCE OF CIRCULAR CURVE PRODUCED P.T. - POINT or TANGENCY K - COORDINATE OF OFFSET P.C. OR P.T. EAGLE COUNTY RELATIONSHIP FIGURE ENGINEERING DEPARTMENT SIMPLE vs SPIRAL CURVE 4620 #4 DRAWN REVISED SHEET 1 OF II LAND USE REGULATIONS 4-101 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4 Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS • 31-gg RRRRRRl f l!'"" trsss=pLtffa k b ,Ro,3T 1'^8 e s_m a i s ec i NOW s SELDOM USED ABOVE HEAVYLNE. i5 REQANL.GOLIMERDAL O 8 4 a a 4 4 4$4 4 4 4 4 4 on STREETS ARE NOT sUPER N T D EYYATED NC-NORMAL CROWN(22(y>�) D-DE RIEVERSEDOF ROMa4 RE Ee"M B O C S R R C B#8 6'=12 V -RADIUS Of DESIGNSPEED LEO-DESIRABLE LENGTH OF MFRFLEVATION RUNOFF g e e e q>:V Q g x.X A L'7>°N S R R y Um-IB�R' MOH OF SLPERELEVATION RUNOFF. - S¢ AAS�uOUNUQIOUS AREAS USED 'MERE USE Of t Fs y1 CANNOT BE ACHIEVED.REWIEIV AND APPROVAL OF THE o a 3!a tt Y 4 .$ $$$$ a$$ COUNTY DFMMER S REQUIRED FOR USE OF inn. IRMNUN(DROOLS ARE BASED ON A CENTERLEE TO EDGE RAID OF BO10'H- 1:133.MPH-1:T41.s, g l e o e e$R 3 S 8 r R C S B B C S S 8 8 8 30L1PH-1t1OO MIDPN U 1:102.6.40LEPH R 1:15 7j171 -- SOON.MOD ND GO4PN la.22 AND ARE 845Fa ON A PAVEMENT LANE WIDTH OF 11 FEET. _ i 0 -NmlU4 RATE OF SUPERD.EVAITON IN RO L - 3 3 3 s B 11:1- E® REOF CWDE FQRE SHN - 0 0 o mm tv00444444444$$44$$ • c Af----nanx2ssutxxx eassrscssss E - • $ a) 3!" "ilt$88iltiftl is:ssaass 4 A:.R2OBCB8CBCRRRRR8S*C$BBBSES208 s sassse3BRRR$8a3s883288888888888j J o832222€a>i4444444$$#4$$4$$$$$ 4$44$$$ii1 . • BcdA ss.ssuss8r8CSRRRFRRRRRRSrNSSi88CCCCssleas it 131 888888$$88888RRRRRRR3B8888888888288888888322t88 C. _ . . _ .-. — — --I—- _ -. . trOt4 ? =fi€6 ; '``� & dttlikal d !dna>t_ s R g8TI "tat Rg ;sa g:„ eRB� L � t-1� ggaggg$$ 0 "2 A$ 1 1$$ $1$$1z11€t128I22ft84a a 141ks1i4s_:'81kig:ShIlk I EAGLE COUNTY SUPERELEVATIQN ENGINEERING DEPARTMENT CHART—e max._0.0600 DETAIL DRAWN 1 REVISED SHEET OF LAND USE REGULATIONS 4-102 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS Figure 4-620#6-Curb Return/Edge of Pavement Profile A 1 tu/ . I , I . i • Jg : I I \ I . . L . W_JTATION --- • o f • ' 1 • ELEVATION: : : a '� -4:1 • • •HIGH POINT _ ELEVATION f 0 1 j ir t L./3\\ .1 ELEVATION e • •CCu. i i '" 0 • • O _�• N L/3 J - - • / . - - - - - / 1 . i I . ! I I I I . PCR—STATION • • • o ELEVTION • W . . . . . . . . . . . . . cc . . . . o a. J - t 1 "I t f . . 1 I . . . . . . . . . I : . . . . . . LAND USE REGULATIONS 4-103 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article&Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS Figure 4-620#7-Curb Return/Edge of Pavement Profile B . 5 • I- I 1 •. . - r - wo 1 , , . . zz... i . , .0 , ... • ti f cc a cn I OA t- ; IL(1)X M . — . . . . . — . c.v..= • I -. Q . -±" • .cc 0 f-i X 0 4.1 WI V ' ! 1- get CA Cri---t• --/ : : . .-. . : : : : : :.2 a 5 id 0 1 . . . . . . . . . . . ,ri_.=11...1 . . . . . . 1 -.....- ...... . . . . . . . • • • ! + - Lit • , 1 . . . . . . . . . ; .. . . . . . : I . . . . . . . . ,..., . . .-. . • - - , • r PCR-STATION L-1 • • v . 1 •. . . . . . If • • ELEVATION • . . . . . . . . . . . . . . . . . / . . . . . . . . • . . . . . . . ... . . . . . . . . 1 I 1 1 • • • ELEVATION i I I z • • 0 cc • - 1 I . . I if tif. 1-- . • ui tr • - • L./4 I I I . i ! u. 0 • • 0 - • • ELEVATION 1 1-• I f 1 /. . . . 1 1 . . . . ..; . . I • • •• L/4 WV!) / I I • cc ,..___ --o ./ . • • • ELEVATION i i I . . . . . 1 . . . . . . . . . . . . . . . . . i f ! •i . . . . . . . i . . . . . . . . . 1• t 1 i • • • • • - • - • PCR-STATION. - • o i I i I ELEVATION i I I I • - . i i • 1 I • I 4e, I f f 0 • i I I I 4r i • i • co 1 J. I . 1 1 . . I I •. i . i • I I ' ; 1 i - I I I ; , 1 . 1 I . / i i ! • • LAND USE REGULATIONS 4-104 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS Figure 4-620#8-Curb Return/Edge of Pavement Profile C - adu 1 • c - • • • � YPT-STATION - fI ELEVATION • • • # HIGH POIN i • • • I _ I ELEVATION I U . € tat • VPI • v PCP-STATION 0 I • 1 a ELEVATION f 1E / 1.4.1 • • • - . . . . . I 1 /L%3. 1 • • •\ .• .• � 2 ELEVATION_ I W- I I _ 1 CC . s r f- 0 ELEVATION . - • - - 1 • • . . • •-I: ELEVATION : i . . . r . . . . . . . . . �--i0 ii o cc . . ... .. . . . . . . . . . ; . -ELEV T'ION i LAND USE REGULATIONS 4-105 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT 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 LAND USE REGULATIONS 4-106 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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 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. (am03/21/06) (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. LAND USE REGULATIONS 4-107 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS (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 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 LAND USE REGULATIONS 4-108 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4 Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS roadway, the radius of that edge shall not be less than twenty(20)feet for passenger vehicles and not less than fifty (50) feet where single unit or larger trucks may be expected to use the entrance and the traffic volume on the adjacent road exceeds four hundred(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) 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: LAND USE REGULATIONS 4-109 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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) 1. Strength. Structures shall be of sufficient strength to accommodate an AASHTO HS20 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 dissipatoers. Drainage structures that convey the flow of named streams, as shown on the United States Geological Survey, 7.5 minute topographic, 1:24,000 scale, Primary Map Series, and in the list in Appendix E, shall be designed with a hydraulic capacity to pass the one hundred (100) year flow. Drainage structures conveying the flow of lesser streams, or other sources of storm water at collector, commercial, or industrial roads, shall be designed to pass the fifty (50) year flow. Drainage structures conveying the flow of lesser streams, or other sources of storm water at all other roads, shall be designed to pass the twenty-five (25) year flow. (am. 03/12/02) 4. Bridges and Culverts. Bridges and culverts shall be designed with adequate guardrails (where required),roadway approach grades and curvature to assure safe sight distance. 5. Roadway Fill. An adequate channel and wingwalls shall be provided to protect approach roadway fill from scouring and erosion. 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 LAND USE REGULATIONS 4-110 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4 Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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. 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 LAND USE REGULATIONS 4-111 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4 Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS shall be collateralized,constructed and subject to terms and conditions of the other public improvements in the development. 7. Public Lands Access. As part of any development proposal that is adjacent to public lands, existing trail connections to public lands should be maintained or replaced. Creation of public lands access is recommended, where appropriate. Paved surfacing is not recommended for this type of trail, but subject to review through the development process. 8. Private Trails. Trails which 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 standards of that Plan). 2. Minimum Thickness. All sidewalks shall have a minimum thickness of four(4)inches of reirfereed-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. LAND USE REGULATIONS 4-112 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS B. Irrigation Water. If irrigation water is to be made available in a development, it shall be the 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. 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 LAND USE REGULATIONS 4-113 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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 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: LAND USE REGULATIONS 4-114 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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. 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, twenty-four(24)hour 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,twenty-four(24)hour 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) LAND USE REGULATIONS 4-115 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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. 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 Fences 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. (orig. 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 LAND USE REGULATIONS 4-116 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4 Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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. 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 LAND USE REGULATIONS 4-117 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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 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/1. 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. LAND USE REGULATIONS 4-118 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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. 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 LAND USE REGULATIONS 4-119 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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. 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 MultiFamily (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 LAND USE REGULATIONS 4-120 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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. 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. LAND USE REGULATIONS 4-121 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS c. Community Water System. Where a community water system is proposed, the availability and adequacy of the water sources and associated rights shall be delineated and certified by a Professional Engineer licensed in the State of Colorado. d. Analysis of Water Samples. Representative samples of the water source shall be analyzed by a reputable laboratory to determine conformance with Colorado drinking water standards. 4. Submission Standards. The preliminary plans for the development shall contain a design of the water supply system at a preliminary engineering level sufficiently detailed to fully represent the mechanics of how the system will operate. The final plans for the development shall contain a design of the system at an engineering level sufficiently detailed to permit accurate cost estimates. 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 LAND USE REGULATIONS 4-122 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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 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 LAND USE REGULATIONS 4-123 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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. b. Qualifications. The tests shall be performed by a registered professional engineer licensed in the State of Colorado or a qualified geologist. D. Submission Standards. The preliminary plans for the development shall contain a design of the sewage disposal system at a preliminary engineering level sufficiently detailed to fully represent the mechanics of how the system will operate. The final plans for the development shall contain a design of the system at an engineering level sufficiently detailed to permit accurate cost estimates. LAND USE REGULATIONS 4-124 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS DIVISION 4-7. IMPACT FEES AND LAND DEDICATION STANDARDS SECTION 4-700. SCHOOL LAND DEDICATION STANDARDS A. Formulas. Pursuant to Section 3028133(4)(a), C.R.S., 1973, as amended,the subdivider of land in each residential subdivision or portion of a subdivision intended for residential use shall allocate and convey sites and land areas for schools, when such are reasonably necessary to serve the proposed subdivision and the future residents thereof, as determined by Eagle County,based upon the School District's long range capital plan and evidence of the impact of the subdivision on the District, by applying the formulas set forth herein. (am o5/15/o1) 1. Single-Family Units. Number of units X 0.0151 =dedication requirement in acres. 2. Duplex and MultiFamily Units,excluding Townhouse Units. Number of units X 0.0025 =dedication requirement in acres. 3. Townhouse Units, Defined as Multi-Family Units Where Each Unit is Located on a Separate Platted Lot. Number of units X 0.0054=dedication requirement in acres. 4. Mobile Home Units. Number of units X 0.0151 =dedication requirement in acres. B. Land Shall Be Usable. When land is dedicated for the purpose of providing a school site,it shall be that which is usable by the respective School District for such purpose, as determined by Eagle County, and shall be maintained by the School District in a reasonable manner until developed. Said land shall be held by the County for the School District until required by the School District. In the event that the School District determines subsequent to dedication that such school site is not reasonably necessary, the Board may, at the request of the School District,sell such land. (am 05/15/01) C. Cash-in-Lieu of Land Dedication. When sites and land areas for schools are not reasonably necessary to serve the proposed subdivision and the future residents thereof, the Board, with recommendations from the School District and other affected entities, shall require, in lieu of such conveyance of land, the payment in cash by the subdivider of an amount not to exceed the current full market value of such sites and land area for schools. The Board of County Commissioners shall determine the amount of such payment after considering information and testimony presented at the hearing for the final plat. (am 09/02/03) 1. Appraisal of Land to Be Subdivided. The subdivider shall provide, as part of the LAND USE REGULATIONS 4-125 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 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. TRANSPORTATIONROAD IMPACT FEES (orig. 05/15/01)(am. MM/DD/YYYY) A. Short Title,Authority,and Application 1. Title. This Regulation shall be known and may be cited as the "Transportationficeel 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. B. Intent and Purpose. 1. Intent. This Regulation is intended to implement and be consistent with the Transportation Plan, Road Capital Improvement Plan (CIP), Transportation bead-Impact Fee Study, ECO Transit Plan, ECO Trails Plan, and the Eagle County Master Plan., (am.MM/DD/YYYY) 2. Purpose. This purpose of s ac.. iplhsh,J ...I this Regulation isby the establishment of a system for the imposition of transportationreeed impact fees to assure that new development LAND USE REGULATIONS 4-126 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4 Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 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. (am. MM/DD/YYYY) 3. Regulations, Standards, and Criteria. The regulations, standards, and criteria for the Transportation Impact Fee shall be as set forth in the Engineering Criteria Manual Chapter 2, Transportation Impact Fees. (orig.MM/DD/YYYY) C. • D. DcEtt:t:ens. .. u..Lss :t:,arr�...rt f.e..t tl c a diffc—r rneinring•¶ �lifcJ E..tele/ccs' f If 2. Daildit.g Permit A.M.., that ba:lJ:ag Fe.m:t ..,, Dt.ild:ng bL,f.,rc asiy Lu:1J:.ig e. eeest.a.t:.,.. uv p g:.!!n ..ties..a rvaekl..ring a.t al.er.ge twelve 0.2)- F..er t., the t. file • > > 7. I.ttvact Tee Adm.ni,t...t.,t .aca.is th., Cea..tj S. Level .,f S...:.,, *OS)z...,u...r u f • LAND USE REGULATIONS 4-127 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS • • • l.V..J.1 ,1JJ e.1fV .1.ffl lll. ..1..1.A1., Ince.nc (AMI) fer Eagl., Ce...ity, Lt... ed p.e..:dca 10. Major Raid SIJt.a1 e.calt., ,A11 .Ila.jVf ..,.AJ __- Eagic -__ ;,; iacludilig Jt..t..alq114"feelefa4• , , refererieelf uLl, ple.id, of L.l....II 80% and 100% of the Aiea Ai.,d.ali Irreerne-(AA1I) fer Eagl., el,t.,rin:.ted ,f I I�uJ:ll alid UrLa.i D..scleplilcllt al el that a., f.- if.Vlltllly 11V11J:ll , Illry d 11e111cVw arrappret-iat:en cap. (.... 7/2A'91,4i 12. Pat t:c:pat:lig 11Z...I:c:011.1:t:.., .11..11l rnttnlieipai itie3:1{ • , • , A) II.,/gllc :a t ..e..ltl, caipl.,ycd at a Lt.siacJ3 lveatcd .,:th... E.Ae1., (Vl :t11111 !lilt., (3)fn:l.,a Vf t11. ..,IA11ly L.,..11Ju1y)affd 1i1aJt ha.c ,tierk.,d a.3 as ci age Lf..l 1.,..Jt th:l 1, (30) 1 IY...l V (12)111V11t11J,� l...uuly b�h...L..y) .,. FCL:ed of at LV.....lVflV:1Zg LI1c feb,$ �lll{111{AJ(11111111t1A111 t1110 1.,Y..1 Vf N111Y1V y 111{.11t fV1 aJ 1Vll5 uJ llc or.,hc of.AA the L/A1t LAND USE REGULATIONS 4-128 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS b, ..—l.iag is Engl..Ceeealy,`,f Cea..ty L, hay.- ref-cd.cdt(ee.king a c:ght(0) �uvi.,.,u.. .,1i1Y1,-/,,d),� i......�d:4.4l.,l, , • :...1 ..1.., Dagl„Cetaaty, erg h) a s: , ender the te..a.1 as le..e as a.laic Led.a ertghteeringrerrginc,ring design .,tudies, load �eA.�y�, alig.i.ne..t ..J ,edstenet:ea ef ." ._ r_ • , clep.neAt, :nelad:ng but net li..n:k,dtkz(a)eea..t.act:eee ef fac:Et:es :th .eaa ee.isl.—C-. , (b) r:ght sad 1,ft tarn lades l.,adi.ng to tl.e,e .,a-el ,t.ec.t, add(el) 5 17. R..ad Impact Fee,D.,at J.in.aes EL Led, that thc.e a.c ae Pa.f.ciFatiag M :e:anal:t:es, the Dagl„ C�ual, D�a.d -f , ef th., R,ad kAFa...t Fc., D-am) .l.ay Le LAND USE REGULATIONS 4-129 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS if a..a .,fu.�a, K. tl., .mad :...pact f. p.egrar, ,..pcaiaila.c „f i.apaet fe., fa.id, to the Rena Lapa..,t fee D�aid, �,..p...:..g....u....u�l..pv.t.mJ:.rit;at..ag a pc.:ed:c re„:c.. of the:.1epact ke p.egra.a. The pieta-jag di.c.,tei ef E...el. if 19. Wad L.ipact Fc.. Staay .i.ca..s the Read hnpa„t I'„ Lagl.. Cet. ty Celerade, p., N..a ty-Bm ca.i A.see:aK,s i.i D,cciab.,r 1999, a.iel the , , At9, as n.ay t9 2025 R-ael Capital f fn..pu1..1 Li Fel..ba.g II-It . . U11,.✓:g, July 2004, a.id Ce.. it-j 2025 Read Cap:t..l 7 Ce.,t fi,r Readv►ay Capac:ty I.nprvvexac..ts„ p.,pnrt,d Ly FeLLu.g Il„lt and Ulk✓:g, if te..a:t a use ef the laud that r:ll if f „.h:el.read i.npa..,t fec -hturt..uet p.e✓:early Lcce aael paid. 23. Trip .ucans a eucaa, ef s.el land-deroelepmcntl E. lbnperitierr-ef�F&.'9 if • , .,as ef the ceauty,, a..ead impaet- r,.V, u..,_teinte1+1,e61,119-ef-Eatirie-C-etattr irirritigthe effi,ct ef pc.a�.tt:ua- LAND USE REGULATIONS 4-130 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS tll� a. ..l„rlll�llt „f TL ,Llie,„C i„5...1.l:ells. Pie Lt.ila:lig pcl.A:t -1l Le i,s.eJ et ell-. l.—a rare„1 of land e.h:ch is the saLjctt , 1 710.I1, C:ea:ts, they .,hall also 13, d„L . seprarately-fu. of a.,l:e:l!.,l/.c.cd lry the pc...nit, if the La:lelillg b. If the f.e is i.np-eca fel „ T. L.. wee 4.-/f<< a.,,., the f .,1-1 • a.,.NlM"),LIVllt .FF.V,al l., Yam, u 1A., • , , Regtietierrif d. The 13-and of C •0..,:5,114•1, may us. any Ceallty et Ce , cn.,1..pt:eli-lint Lc cla:uicd Ly the fee-1 e,cl at th„tllll{ .,f appl:cal:„arfi.,l pclln:t.`T If be-preleltreee+ a. The rcplaeclncllt „f a If , • .eliderr�:li:k111 spat., LAND USE REGULATIONS 4-131 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 1.11.41.1.1 Lu,� >6 11, Y111 111 I VJl\LL11t1LL1 lllllt , retthreeil • • refthreel n Plnt3.11 • • • . . . . q.40404 Wretfiteroperteratelorattentr lee, pct3e..3 cxcl.iptLd et pr pai:ng at.iild,.p.l 4cnt f,c ealettietio.. atLiyYut,e aot to L C"1Lalat:et. illy a preroisiontal letlllle,lt f t-.,✓h:ch a mkt encc, the I1lt1ntct I'eL Ael..t:ni�tl at�t ,a:ll w 1.1 the 7th • 0114411 AU,/ a t11L f e :li ea, of tit, f.,11,^4l1g 4em-y-*eels. +! do 11111111115 the apFrepl iat-read ,1:JLd Lf the elata-.,.,11tai11„d ie the U.C. • • ILI,YI:LaL1L to the laeot 11cLLtly cwityao..11,1L t, e of 1a11d koc e11 th. f.,c .,thcj.xl,, LAND USE REGULATIONS 4-132 EAGLE COUNTY,COLORADO Article 4 AmmimmumemiNNIIIIM Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS • • ‘.,c is the fc , ftc as...g , • . , Perbitthr thaA the eta.ea..t ef the f e that ..euld b,, ge • t. Th.. Ithya„t I„c De...�l, aft,"it licar:ae, Tall ha— the f,e.., to ..ff:.,i. id ee.11.,lu;.‘,...ref• • 41.c Read hepact Fe,11-brebsibeftrterbig • OI1I • regu}etierr-res-emne.ld.d (er.g. 03/01/2008), the aa.ea..t ef th,, i.epact f e,hall Lc f„ a C,1 A...DAhiLit"A",Read hnr,act I e. Eehcl,xl,.(.. . 01kN i IRA 5 b. Fer ail 1„is wh„rc th... el...,,i-Yrn„nt n t el,fiacd :n Cc„t:erl 5 210.3) ef this LAND USE REGULATIONS 4-133 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS a lT C. ter all LA. that ax applicaLh. t„ hc.,l.e.i 4 710.L.2.d ,Mali he ,t.Lject t- s- aectie { s. 01/22,Oi)5 if 1. Cenci Alf h. ;..11/44A. f.. z.a�, L., Set71..f,ut„J Ly th.. do., Jf -f fcc at.a i the xgac.,t of the Read --f th—c t, ,cs hsteJ ee the fcc schcdal, et as eac that ..s .«tug.,, t' S, e. the p..epeJe.l .male it .,f th.. f,,,, th.l w,JJ L.,5,..e.ateJ L, the ks. ef the few • iff t. A.., tt, tut f„e cal vlut.e.T shady shall ��l�ulul„d L, th., IAJt ef lh,,f lleac:Ag LAND USE REGULATIONS 4-134 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS %vac+, TRIPE a NETCOET/TRIP4f Fe if Wherti +1441;1611 TRIPRATE x%NEW } COET/TRIP FUNDIt4G/TRIPIR F 9 I COTFR CROWTIICOET NRWTRIPEif FF14401114 FUNDINC PXIETTRIPC x PVFff 6,+ fki GROW+ COST DEFICIENCY CDOT`,f E 9 if w-NElL L.clepetentf %-NFL % of ADT LAND USE REGULATIONS 4-135 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4 Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS .:.eel to In• =.ta:.i LOC DFIC- g cx;st:=Ig l..,rcl.,f c=ice a.,fic:c=ieic4li egovii „. l AFT t=ip c.>d :__E ^; - - -- ; . •-" - •_- 144 ¶ ¶ p4i4+FoN CeR.ity e......vaeiefexotreelieg-reati-eerrevereenterieeitteiev- &Li 5 EK-15T An"_ . • .„rage dn:l,► trio c.idL la Lagl._ ¶ if . Ae.e.i.far tlic d:,„,71....t=uL=..1,=,.01,==t:==s Y:1...J atc , . • , • ev=it.;A,,d i= • b. The i.iel,,pet.el .it e.,t.rce ;3 a 1-cal ,t,zd,--eii-trip-elm acteiieKee carr:ca ekt Ly a trattapertetierrriatitteerettif 4. PrecedUrc.¶ LAND USE REGULATIONS 4-136 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS All f Jt.1y ,hall L. >alld,ltl.l,,ll tllly�ell tll„J�L31:1�J:�1r Illlt,l.ct Tc., shall ,kblu�t Jkck Lllj' 14411d uJ.. V11 tin, Res. JVllca.ilV, to( fVl t4II p.Vt,VJ..d T.uff.,G�il.,latillg� D.�cleplrl.11t ref tl , , mt—c l th, b. Wall:.. t<ll (10) 181, Vf 1,,c:t,l of f 1 few • • krr1l...t1V11 Jlmll YYhat 0.. be, L..-1 Sta.iaards. If .,11 til„ ..ktc ' cd :11 the f., -.1.,....1. ' �YY:11g f i the 13.eNse1 Traffl ill a Fee to s I.sfy the . , • C r trrittee en all i.J pcAa..11t r Jt,.,.,:ry 1115 L3:.11y the greallds of the apt,eal. The Read Ia2t,a.,t Te.. C&&u.n:tK.e .,1-11 tll., at,p.al ea the Read Latina Tee D.,ards age.rda ftir th... a.,at 1 1 7 1 1 1 _ __ R l eb..la .y ..eited..loti meeti--a.11 b. The Read Impact Fee D„arek aft.,. u hearing, shall hay., the power to affirtrr-er LAND USE REGULATIONS 4-137 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS , • , YY1111 AS {111,111150. Ili 11V „4.1J., Jl.ull tl R„aki I111Y1.,t i'V„ D,,,111 llu., ll h fltf H. cocas.} -iT n. A11.7 Ft.,JVll V1.u3I115 IL C�llllllc11,ClllC V f a l T rafflc-C tc1 aL g Dr V clep.Acht 1 d,dicut:ea of 1 npreverec.is Jhall L,. t1a11Jf , a. Crt,d;t Jllall he • Iff cl„plrl„ot, except par,,.aet to fcct;e. 4710.II.2, V VV11Jt1,let R„nd Cu • . • • imp vereeprero 1tJ ce.... LAND USE REGULATIONS 4-138 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS a. Applieat:ei. ,hall Lc ii.,dk, e.. f i t.a r= , Iff Exhibit "A." 7 .1-11 of aai • • the • 11a , • , aineeent-ef$25,000 to be appli.,d h, th , :cJa„el L, th:s p.,rc„ tags,. Oa the ethc. 1.aaJ, .f„ae ,f the aca.a' 6 lvt. „as a- cxLat.,,ted-il , t. pli.,a....t „hull Yr.,. , LAND USE REGULATIONS 4-139 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline • ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS by'pnyfi,s.,ie.tal Real Etta! • s • • f all lards, • .td f.aa„h;ses aceai.cd, f..tai.ci.ig charges, of Ylails a..a 3p.c;ficatieas, sa,Ncya, a .sts of 4.1f.3a;,1.tul .,l V;C.,3, IAA all ..th... 1E , „r i 1C4,..lt to reeistsstreetitstsfif I��itnetic.as.t�t3 ce..a Appheat:ea ft,. C.,J L Ae , I e. Ce n n;tLe.il Iff • • (1) If thy, ftrepesvel . ..'' - • r- . • , - '1 . • , yol.i.la the , • • prepes.,e1 le Lc ;3 • 1, yx,S 33;.n.,.1 R.,al 11%) ;3 a the Appraisal Ii.3titatc (MAI) arise ;r a n.c tLcr of Gc,.or ideelitel- ' J cepy of the d. A,leista,tC LAND USE REGULATIONS 4-140 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS User aad alat../Vals, the ce,t of , s, ce,ts of .,cl Y:, s, NIIJ .A11 �lll�l n. \V:tllia tali (10) L4s:.ies, ,lel etttlining the d„f:c:cacics. The Re tl Vll VII tl1V �.I V�/VJV • J • is settght is lecatedlif h"t a:11 Ix, a e a:laLlc ead the lnalmcl :II eY Lich the cl ed:t 11VVt,1V[l, .. YYl1ttV11 11et1V� .Jtt4tl11 Reed I1.pn�t Fes, Celllln:tt.. ,114. • LAND USE REGULATIONS 4-141 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS • the ,ta ilnads of tl.is 6e,,t: . , t..—e.det..ee o ith:tJ f ' . J i.eftA.tiies.11 fe. fees paid, e,,tbL1:3hh,d ;A tlit,��uet . Th., B..it,fit Areas air Traffic Ce..�. .t.. , aa.nti:te the , • prejcct3 hZ.,ltteLel hi the Re 3. Efst.ebksl.nta.nt of Ttu,t Pai.d.$ • • that fc.,puyc • :..te .sl..,,h �.,�1 i.��Ya.t fc.s�ell�.l��ll.:��tl,,.,., ,d,..I�,,..Jl.ull Lc placed a,itil , • ... All .,e11..ct.,e1 by the Admit..Later ,hall Lc b. All lead i.npa.,t kes c‘,ll.,et„e1 b5 a Pa.tie:pat:.,s ia..iciral:t9' T.u..t if Jt..alt, ✓l.:el�„�„. is “pF.45F.r.lc. Rwe.'U of teach t.IA at Mlle' aeVeU,tt shall be LAND USE REGULATIONS 4-142 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS hapset rcc tcl�saed :�i the trt..,t faad. R„eead of th„ Tr-TA .,hall L„ f„. YuLli,- L..c.i t e. .TTCTT�T,b T�d, ti— firstfi e_- _-'_'__ _hall b.. -tssi red `he fr.,t medic-yr F,.,TT spetst`er-ert.ltrfibC'reell • • , t.Yp:ep.:at:e1 T„ R„..d I.npact Fe... Aft,,. • tom,, the CIP, . .araiii.gs T1 TTL�,.I the of:n.pact Read-f..ipaT,t Fe..Ceaaa;tt„e • J. R..fat.d3.11 • C{T V Fees shall Lc dC,..m.J h, b, tl srebbif 2. R.f.t.d P.'ecedarc. The rcfi«..d ,Loll Le ad.e:n:sh,rcd by the Read Impact Fee pT„p�,.J 1„�„l.,Yn►„T.t. Tl:. Reft. k AYYI:I.ti.0 .hall Mel the fell,A.:i.g info rahiets1 LAND USE REGULATIONS 4-143 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS Ll, the ,..w1;,,u1:e.l ;3 ..et c9,1111Fh L, a try.,tLA AUL..tc..t spe,;fyi.ig the . , 'ff • Read Ih..pa,t F.,., C 'tL -ror:thi.i (10) days of the d..L of the d.,e:sie.i, a wrdt,,.i .ielicc ,tut:.ig a...1 ,rc„�f ... L.�,f1, the „f . , Corn.latt,c, it ,hall a..,.t-dette-C-ensmittee-te-reftelivist the ac„erd.i.ce ,roith ;ts if • cha.iges .hetld be .nad, A, the Traa.,l,ertut;en FL , ' .,ad k.r.p..et Fe„ Stud!, Read CIP, this 4...1,— the effects , Meriteitsahtieslf • ap1Aiei...LL. £tskilait Land Use T1pc � ni inner LAND USE REGULATIONS 4-144 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS ed1llff' e CB1u In Owe $4r3q431J $1,vvvR Owe C5,01/1 $l,0005 Owe Owe $3,48 l+41 $999if lti-F�rn� f Brae C3,0341f $1,3995 k44' I Iet..1/Met„1/Ledgc/D„d 3. Dxe&fa,ttf *en" f 1J LAND USE REGULATIONS 4-145 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS Q 7f 11 • 11 Q 44si nnc� 8 Tf s .03(46 l • 440 9479.2-35 • 4'04 9472+25 3 T< • +€0) fr3T5045 61174.7445 OretternebilegattOrgeriesiff 99 $', 49¶ $11,20$ 499 9277665 6-316965 LAND USE REGULATIONS 4-146 EAGLE COUNTY,COLORADO Article 4 • Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS Aeterthkt +00 6471 815 6.279665 fT +440 �4 42472405 n.c C �p�pilf Erevet � 4"99 *47790 f $672641 Dig,eat CLI4 +AO $3 505 *8726+5 LAND USE REGULATIONS 4-147 EAGLE COUNTY,COLORADO Article 4 r Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS $ilCee:tlt Gtere¶' +00 7n $Y72445 +A 6476441 O Ii Faal..MA, Ctereff 440 $4 { 6424305 Eremaiirie-Sereiee-Stetierigg Fee) $3;2631T li LAND USE REGULATIONS 4-148 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS +96 ir4r2.86if $','1 4436 4$ $ , 2O Cf .l09 $679354145 fiery $3,'40'71T 1 LAND USE REGULATIONS 4-149 EAGLE COUNTY,COLORADO Article 4 r Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 460 7 4404 66794405 * 7' fi 499 fr,16135 aifilteksMe-MerieeT1I rR +99 $4 1365 Vi'dcc"RCii4lt1'Sterc1J $ '1 ff ff logo" 4,1e4,5 Ntlr9 9iiicif 481i 1999• $37O02j I4e9p4s45 fr77664311 LAND USE REGULATIONS 4-150 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline - ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 1000 'SC,03`1 Offii e;Meekeai{ 61T Q t_ C--_./-•-______ i S'___ R Otvel4ingf N9 711 fr3frl 1 ICI ereQ �I'I gewleteryf 1000 sq. ClA.i'Jif 6471'GO1T $47§s1-311 +00 • Duy CcAtA $2;44€461T +00 veil 421,144111 5if +00 Cev—A.A,,..1-6ffree-Dsli1+elij{ 95 €5;781T +00 LAND USE REGULATIONS 4-151 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 400 Offree> > 460 Offtc,Cc.acral (200,000.1 S5,10411 $1,t}0," T 409 $4769511 $1,717$ Reerenfientelli 'if l4er $15,23G�f ' � Be.J1:t%A1LJ 490 $5756$1{ $45;2361{ /4er $33799if{ $12, 41i EitP A $46 4,144+ LAND USE REGULATIONS 4-152 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS Coat., 11..kkf lifer �-A42$ f'r3$1{ Celf Caa,ac(,‘,;(1h&iciHa. reeses)$ 44.ei $1C,333$ 66 969$ $49.6 $ 641 Metyie-Theistett 40E1 €13,03Gf $36 643$ A8 fr2,f1C2J Reeetise+C-i' fr70333$ +00 f3,1235 *97 4465 C-bee Temis•E-eeerts$ 14,l85$ $5; $ 5 $ 5 $ $ Leda,tt&1,Ceneralif 39A $3,19O 1,1661{ • LAND USE REGULATIONS 4-153 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS Truck Tcru.iaial{f 44)0 • {64,64465 ft-176471T Wareltettseiff 499 $.27244ii Wife { Mini■Werreitemmeiff 4tl99 54445 th, Laud Typcw.¶ k,./110 ��„ „1 �� 1, �f" .,f th .. ... .rlure daclli.igs, all of.vl.;..h to th� is with Ae N:sibl„.cparat:ei. Lash dwclliag is l,cakel e.i a sepftrate' tJ ** Iud„pcud.,et rec Cal„ulat:en Etady re4t.ihcd¶ Sect;e i ? 710T.S.1 TA 1 T C♦TIT 1 T IA PRO TTATTATT PROGR/M(CIT\R Areasfi Prejeet•Deseriptionil LAND USE REGULATIONS 4-154 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS $3972' $21,9 GYPstt 67i-70!a Valley-Rd-5 $9794 • 9,943 €rfrett 6Yrett ��}� � -�J3 } 45799 $.44a9 $ ;9 } Jelee� $49R. $�49 LAND USE REGULATIONS 4-155 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS $ $ $2, '3 • 6+,17' € ,22 Pstivoncti Edward $4 3 $ 5 LAND USE REGULATIONS 4-156 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS r $+414 $19T Aaerin{ UC C D„e%cr Cre k An-a¶ 6+076 6-779b Omen+¶ 64..cr Crcck A .t„Ave i Read¶ $371$ $47* UC C A.•e.i Read t„ Eagle a_ael larreelf ritrartraerdelf $ i UC C Eag1., D-Ael h, Avenii $6;39 64724 UC C Ctk,rtcLi.dgc D.:vc h, ll,3t rlerettif Bettierard$ $6793 $3;93 Eerie- i } fie- fr+798 $1,14 3 LAND USE REGULATIONS 4-157 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 4 '1" $7,,55+ 3 4 4 4 I 70 C (L 'a.d!Ept.r Read)I 70 et,US G E-eleverel e e �4 �4 US G aid I 70 C (I d aarda Cpar Read) 6274 4nteracetiet $ ,0 $14,0 41944 t YP £4- $3733 €r2 66 LAND USE REGULATIONS 4-158 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS } 4 £1- $r3739 fr2T64 Uppkx Card,. Creek Rd Ne. of JW D. 0.5 } milest } £1- CII 82/Cl Jacl Read LIL ..,heir } firtprevenre: f } $6'29; $r596' 4 $6449; $489, 4 $3773 $3973 3 SII 82 Threagh ¶ 4 4 �r S3 0 $3'1;0 LAND USE REGULATIONS 4-159 EAGLE COUNTY,COLORADO Article 4 N Exhibit A ECLUR Article 4 Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS Egg'tltlll4!} Eviwerri L } Cypim $4?3; $3941 LAND USE REGULATIONS 4-160 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4 Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 5 E tib 1 $ ' 5 6egntetttl 3 Sttrfa 37911 Ce. LiA„to-C-ebe.Ri erRT{ 0 1-7011 Cele R R f I-'795 Ian i • 1- i I I.ih t lrrnigc 1 GJ to i6 • I 05 Int‘n,haAgc 1 C7 h, 1715 i 3invedl • 'I' . i I-.95 I atA.clha.lgc 173*, 176j i 47 - Petveetif 1701] I..l-arl.nrlgc 180 to Ce. LiAc`j 6. Pa.c LAND USE REGULATIONS 4-161 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4 Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS I f 70 rretit�gc R.45 i Pareelli 4-744-Frerrtere-R.elf £cad of Paid IN..k to VA ValLy DI E 1'm+edf 170 F.onta Rd9 E Pareel {-4(40 Ai-Frentage E fleyeelli I8#Frentnge`Rd11 4 Pa cdPf I 70 AI fr.,ntu.gc RA De Kt C., �terge-1145 .1 Faved9 I70 S frunt..gc RA 4 Fereed9 I7O E FreAtztge-ftliff 4 Faaedlf F0 Frontage-Ri'1 4 Ileireelli I7O S FreaItag�,Red 4 Paved* I7O S Frt,ntagc Rdiff Ca.,cad,,Village to Ce.'c Crcck DA Feraedj I7O E Fio tagc RJR 4 Faaeell I -Frenlage4itlif Paveclif f 70(Cyp ,.,)h,D.eali Cicck Rd¶ fleveel LAND USE REGULATIONS 4-162 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS U C C D t.!h Crc,k Rd to ER 131 V fievetlf UUC.6i{ ER 131 tt,Dram Ci cck Reif Per redl{ i 14S-61ff US 21$ 1-70 t 1 Povedif UC 2 4t E Pe eeIf +4&44,1 Per ecli5 Pave SR-1•}4.5 La id ll Rd-te-T otgirR l{ Perfeel5 SR-131 j Trough Rd to Ca. Paroeel SR$2{ Garfield C, Paved D urd Creek Dry 170 to sa.f.c.,c1.g C.c,k Dry Serfaee-ehtotge-topvt45 44nretv D.,av cr Crc„k DA Peeved'li LAND USE REGULATIONS 4-163 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 70 te c.-J 1 ikeyeel$ $ice •i 11 ac.,CA..ck Rd¶ i DresirCreekRelf I 70 t,E Dett.th C;eck Reif Powell Drusl.Cieck Rel$ E-43rers1.C-rt,ck Rd h,G 4,,ahi Ettieef r Unpaa Brush Cieck Relgj Iris. Derck Crack RJR 4.."14)-tecdl{ Paved$ i 70 t,D.,cp Crea Reif ravedli Cek,ietele Rive. Red i Cel.,tade R;v..i RJ¶ C-eterade-Riverer E E eraele Rivc IIJ1I D.,.by Wset Leap te Peppg Cxck¶ E U311par C&leraele RiverRel$ Pepo. Crack Rd te CR 131$ i Unpzw Easley-Mestriiiti$ r • LAND USE REGULATIONS 4-164 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS Ceppct Spas lidif C fpsam Clc.,k Rd tt,Cyrsa.n Ctcalf E Parree9 Cett„neeeed Paste- 43rfpre ihie■pk', t.,Ce. D.,cp CA.ck Rd¶ '1 44trorre Eteep-C-reele4364$ E DrLtsla C;cck Rd`If 4 ek-14.14,1 Efitrredgif Eby Ci ck Rd} Etid of pa✓;.ig tv Y.APIPettif F-o der.L 1f Ut,per Caul.,C.c,,l.Rd to sa.f chejf E feraediR Fc sd„r Lei Cut fac.,chaftgc to C... LittAf E 44riptra LAND USE REGULATIONS 4-165 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS -Fa119441l CR 82 tt,C . LimII 4 PreeeeS farpirrg4Aert-1414111 ' Perreel 6yrenm Crc„k RdV 4 flepreel e"p" C- _i i .rneifi di{ Gil-1-34-to c JlJ ier•Reiieii-td 4 PayedIf P.m) Lake Relig i 70 t,L M.,ade.'Cicck RA E v Peppy. Crcck Re 5 Ceherade RA,cr Rd t C. . nrl i 8alt-Creek-Rd$ Mesh Cr.,cic Rd to t.ie?li Ghccpkern-ETeekrRiiii Ce rtc"t .etteil Q tte-Fletes•Reilif UC 24 to 0.0....1—cuotlf E Perreellii E,kri tte+t Rd1{ 0.8 alik.s c..Jt t.,Ce. Li..eT f 44111Pree S iAla RU.P E Net` U d.,tpaw LAND USE REGULATIONS 4-166 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4 Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS sittgioree+e,p-Rell 170 to I 705 frgetn;Creele.R4i{ 4 Settat r-Cree t c Sroreetweter-Rdif CeLrede Rd h,Ce. Li,,e¶ E Unperr +rettgit-Relli v1t9 Ertc`f iThlrorre Upper Cat& Cr..cl. Reif upFcr Cattle CAA. W Lak, C , UC c to GO) Pairetilf LAND USE REGULATIONS 4-167 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS ROUTT COU GRAND C UNTf .o. ... ..• ... , .o - •.. S 111. ,f Vklal : \• \ \ LEGEND ''''-v'- Pr' \...... U .0.7....... ST*24 wn.•n - p s*AR Kamm ++.-.UPRG MI.bO t 1. ' '' �. Nur --- — _._-_ ^. _ !�- , ` - mdrlwrss `'. R~t r R 1J ce, {— tilt• \ fr ... EAGLE . X., AVQN i ZGY SU r " 16 \LT: -1 JfNTVN W ` O o Central Valley Benefit District ,//[N''1 !` scar rt REDGUiT Z ..71 r:".4,,, GRosr O 0 t 1111 V. rtcntRRiss . .. .., A t• ,,..to v, Roaring F•rk Benefit Di trict Y� BASALT _ •-I • � ED PITKIN COUNTY LAKE COUNTY 5 5 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. LAND USE REGULATIONS 4-168 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 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. 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 LAND USE REGULATIONS 4-169 EAGLE COUNTY.COLORADO Article 4 Exhibit A ECLUR Article 4 Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 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 approval process have been paid in full. If any credits are due pursuant to Section 4-720.H, they shall also be determined at that time. The fee shall be computed separately for the amount of construction LAND USE REGULATIONS 4-170 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 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). 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 LAND USE REGULATIONS 4-171 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4 Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 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. 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 LAND USE REGULATIONS 4-172 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 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. 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 LAND USE REGULATIONS 4-173 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4 Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 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 4-174 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4 Redline 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 LAND USE REGULATIONS 4-175 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS Service Impact Fee, following consultation with the applicable Emergency Service Provider. 3. No less frequently than every five (5) years, the applicable Emergency Service Provider shall provide to the Board of County Commissioners an updated Emergency Service Fiscal Impact Fee Study, and proposal to update the Emergency Service Impact Fee amount. K. Application. The requirements of this Section shall apply only within the jurisdiction and boundaries of an Emergency Service Provider for which a resolution setting an Emergency Service Impact Fee has been adopted pursuant to Subsection D, above. Pursuant to Section 24-68-102.5, C.R.S., the provisions of this Section shall apply to all land use applications currently pending at the time this Section becomes effective. LAND USE REGULATIONS 4-176 • EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX DIVISION 4-8. SUSTAINABLE COMMUNITY INDEX(org. 9/17/08) SECTION 4-800. PURPOSE The Sustainable Community Index (SCI) is a development review tool to comprehensively analyze how new developments contribute toward sustainable community development. The intent of the SCI is to give staff, developers, and decision makers an indicator as to the level of sustainability a project includes within it, as well as its contribution to the broader community. Sustainable Community shall be defined as: a community which fosters economic opportunity and social capital while protecting and restoring the natural environment upon which people and economies depend. SECTION 4-801. APPLICABILITY The SCI shall apply to all proposed PUDs, PUD amendments, Final Plats, Major Special Use Permits, and Zone Changes as a required finding to be met for approval. SECTION 4-820. POINT REQUIREMENTS The SCI shall utilize the following point thresholds to be incorporated into the SCI finding: 140+ EXCEEDS MINIMUM STANDARDS 70-139 MEETS MINIMUM STANDARDS 0-69 DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE The point scale above assumes a maximum point score of 210, with 70 (meets minimum standards) and 140 (exceeds minimum standards) representing 33% and 66% thresholds of this maximum number, respectively. For proposals where certain line items from the SCI which are not applicable to the project, the total maximum points and point thresholds shall be adjusted and pro-rated accordingly. A non-applicable point or line item is one which is impossible to include in the project because of its location or existing condition. A point or line item cannot become non-applicable due to a proposed design or recent actions taken by the applicant. For example, a project with 30 non-applicable points would have a maximum of 180 points and the following SCI finding thresholds would apply accordingly: 120+ EXCEEDS MINIMUM STANDARDS 60-119 MEETS MINIMUM STANDARDS 0-59 DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE LAND USE REGULATIONS 4-177 EAGLE COUNTY.COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX SECTION 4-830. POINT DETAILS SECTION 4-830.1. SITE/LOCATION: 1.1 LOCATION INFILL/REDEVELOPMENT: The project is either infill or adjacent to an existing town or community center (defined as an area with multiple private businesses and services within walking distance of each other). a. Infill site: The site is surrounded on all sides by development. 4 points b. Adjacent site: The site is adjacent to existing development as part of a town or community center on at least one side of the project. 2 points c. Previously developed(deconstruction required): 1 point 1.2 TRANSIT: Over 50%of the development is within walking distance (1/4 mile)to public transit. 5 points 1.3 PROXIMITY TO EXISTING WATER/WASTEWATER: a. The project water distribution and sewer collection infrastructure connects to existing infrastructure on site or immediately adjacent to the property and is served by water and wastewater treatment facilities operated by the regional water and wastewater treatment provider. 4 points. b. OR,the developer is working with an existing regional water and wastewater service provider to obtain efficient infrastructure tie-in and service. 2 points. 1.4 WILDLIFE/ECOLOGICAL COMMUNITIES: Upon biological study of the area, a wildlife plan shall be completed to the satisfaction of the CPW for any critical wildlife habitats as defined by the CPW. Identify and protect any wildlife movement route/corridors on or near the property. 5 points. 1.5 RIPARIAN/WETLAND PRESERVATION: For any site with wetland/stream/water body(s), any development is setback at least 100 feet from the edge of the delineated riparian/wetland vegetation, and avoids any floodplain. 1 point. For any project within 200 feet of a wetland, stream, or water body, a water quality management plan is submitted, including erosion and impact control measures and water quality testing before, during, and after construction to demonstrate no impact to water quality. 2 additional points. 1.6 AGRICULTURAL LAND PRESERVATION: The project is either on previously developed land or is not located on land historically used for LAND USE REGULATIONS 4-178 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:'SITE DEVELOPMENT STANDARDS DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX agriculture or suitable for agricultural use as defined by the Natural Resources Conservation Service. 2 points 1.7 EXISTING VEGETATION PRESERVATION: The project avoids disturbance of existing trees and mature shrub species (2 points), or disturbs no more than 10% of existing trees/shrubs on the site (1 point). Such vegetation is fenced off outside of limits of disturbance during construction. If no such vegetation exists on site, item inapplicable. 1.8 BROWNFIELD/BLIGHT REDEVELOPMENT: a. The project redevelops an area that is currently dilapidated or blighted. `Blight' is defined as: an unsightly condition including the accumulation of debris, litter, rubbish, or rubble; fences or structures characterized by holes,breaks,rot, crumbling,cracking peeling, rusting or damage; and any other similar conditions of disrepair and deterioration regardless of the condition of other properties in the neighborhood. 2 points OR b. The project cleans up a brownfield lot. In this case `brownfield' is a property with actual demonstrated past commercial or industrial contamination. A contamination cleanup plan would need to be documented and administered. 3 points 1.9 STEEP SLOPES/RIDGELINES: The project avoids ridgelines and slopes steeper than 20%. 3 points 1.10 STORMWATER MANAGEMENT: a. At least 30%of the runoff is reduced/detained during a 1-inch rain event. 1 point b. 100% of surface runoff travels through bioswales, engineered wetlands, landscaped detention areas, and/or other vegetated drainage features that remove particulates and pollutants from surface runoff, provide onsite rainwater irrigation, and promote natural groundwater recharge. No vegetated drainage feature that drains to a live stream shall be less than 100'. 2 points SECTION 4-830.2. CONNECTIONS/USES: 2.1 OPEN COMMUNITY: The project is not gated; roads/paths/amenities are open to the public for use and connected to the community outside the development project. 2 points 2.2 PUBLIC ACCESS: The project provides public access to existing or appropriate trailheads or access points to public lands or rivers(new access points must include approval from appropriate jurisdictional authority). 4 points. LAND USE REGULATIONS 4-179 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX 2.3 COMPACT DEVELOPMENT: Residential has a minimum average gross density of 7 units per acre. Non-residential has a minimum • floor area ratio(FAR) of 0.50 for mixed use, 0.70 for non-residential only. 5 points 2.4 REDUCED FOOTPRINT: The project is located entirely upon previously developed areas of the property. 1 pt. And/or: Total footprint does not exceed 50%of the property: 1 point. 2.5 CLUSTERING The project utilizes efficient infrastructure and reduced site impacts by concentrating development in compact clusters or nodes of development and creates or maintains open space on the property. (2 points) 2.6 OPEN SPACE: The project creates or maintains open space through conservation easement that meets the intent of the Eagle County Open Space Criteria (available on the Eagle County website www.eaglecounty.us). The abbreviated criteria and associated points are as follows: a. Scenic Landscapes and Vistas 3 points Preserve the protect Eagle County's outstanding natural beauty and visual quality. b. Regional Heritage,Agriculture and Ranching 3 points Retain Eagle County's history, culture, and agricultural land uses. c. Wildlife, Wildlife Habitat and Migration Routes 3 points Set aside areas critical to the long-term health and vitality of indigenous wildlife. d. Sensitive Lands and Environments 3 points Protect and enhance riparian areas, flood plains, and other sensitive, unique, or endangered ecosystems or environments. e. Physical and Visual Buffers 3 points Promote community separation and distinction, and provide separation between developed areas and sensitive lands. f. Access to Streams,Rivers,Public Lands, and Recreation Opportunities Provide access to public and/or private lands, and improve opportunities for high quality dispersed recreation. 3 points Open Space Potential points: 3 to 18 points 2.7 REDUCED PARKING FOOTPRINT: LAND USE REGULATIONS 4-180 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX a. No more than 20% of the total development footprint is represented in surface parking. 2 points 10%or less: 3 points b. For nonresidential projects, 10% of parking spaces are reserved for carpool vehicles of 2 or more passengers. 1 point c. Covered bicycle storage for minimum 15%of occupants. 1 point d. Covered bicycle storage for minimum 25%occupants. 2 points 2.8 PARKING LOCATION: For all non-residential and/or multi-family buildings, all surface parking must be at the side or rear of the structure, leaving building frontages and streetscapes free of parking lots. Side parking must be adequately screened. For single family/duplex units, garages cannot protrude from the front facade; side/rear parking,access via alley,etc.to promote pedestrian access. a. Parking only to rear of structure(s),or no surface parking lots: 4 points b. Parking to side of structure(not obstructing entrance): 2 points 2.9 REDUCED PARKING: a. Onsite parking does not exceed LUR requirements by more than 5%. 1 point b. A transportation demand management plan demonstrates at least a 15%reduction in parking need than required, and no offsite parking impacts are created: 2 points. c. A 25%reduction in on-site parking: 3 points. (Onsite parking does not exceed the plan's recommendations for parking.) 2.10 JOBS/HOUSING: a. For a commercial project, at least 25% of the floor area is residential. Jobs that would provide incomes able to support 50% of potential residents either exist onsite or within a half mile of the project.4 points b. For a residential project, at least 25% of the floor area is for commercial uses. The commercial component would create jobs with incomes able to support 50%of potential residents. 4 points 2.11 SCHOOL PROXIMITY: A public school is located within a mile of the project. Children are able to walk or ride from the development to the school safely on designated routes or paths. Distance is measured as traveled on such routes. 3 points. 2.12 DIVERSITY OF USES: LAND USE REGULATIONS 4-181 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX The project includes the following non-residential uses(one point for each type): Bank Pharmacy Child care facility(licensed) Church Community/civic center Police/fire station Convenience store Post office Hair care Restaurant Hardware store School Health club or recreation facility Senior care facility Laundry/dry cleaner Supermarket Library Theater Medical/dental office Bar Office,general(not in-home) Liquor Store 2.13 DIVERSITY OF HOUSING TYPES: To enable citizens from a wide range of economic levels and age groups to live within a community, a diversity of housing types is necessary. One point for each housing type above 2 as defined in the following list: Detached residential large(> 1800 ft2, not to exceed 3000 ft2) Detached residential small(< 1800 ft2) Duplex or townhouse large(> 1200 ft2,not to exceed 2000 ft2) Duplex or townhouse small(< 1200 ft2) Multifamily large(> 1000 ft2, not to exceed 2000 ft2) Multifamily small (< 1000 ft2) Live/work large(> 1200 ft2) Live/work small (< 1200 ft2) Accessory Dwelling Unit large(> 850 ft2, not to exceed 1000 ft2) Accessory Dwelling Unit small (< 850 square feet) 2.14 AFFORDABLE HOUSING: One points for each affordable housing unit provided above what is called for in the housing guidelines. 2.15 AFFORDABLE RENTAL HOUSING: Onsite rental housing is provided. a. Minimum 15%onsite rental housing is attainable for households up to 50%AMI 2 points. b. Beyond item above, 15% additional onsite rental housing is available for households up to 80% AMI. 2 additional points. SECTION 4-830.3. TRANSPORTATION: 3.1 WALKABLE STREETS: LAND USE REGULATIONS 4-182 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX a. Each building has a principle front entry that faces a functional public pedestrian space. A functional public pedestrian space is one that has gathering areas nearby and is connected to pedestrian walkways. 2 points b. Sidewalks, footpaths, or woonerfs are available on all streets within and bordering the project. 2 points A `woonerf is defined as a multi-modal plaza or street where pedestrians and bicycles have legal priority over motorists. Cars have access through woonerfs, but their designed speed is 5 mph. c. The public realm is entirely ADA accessible. REQUIRED d. 10' wide sidewalks in front of non-residential buildings. 1 point e. All streets facing non-residential mixed-uses have road designs for 25 mph or slower. 2 points f. All streets in residential-only blocks have road designs for 20 mph or slower. 2 additional points g. At least 50% of the building frontages have less than 18-foot setback and are contiguous to the sidewalk/public realm. 2 points h. Functional entryways for non-residential/mixed-use buildings occur at least every 75 feet on average. 2 points i. All ground-level non-residential interior space has at least 30% transparent glass on the ground-level 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 LAND USE REGULATIONS 4-183 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX topographic or other limitations prevent connection,those are not included in calculation. 1 point 3.3 TRANSIT FACILITIES: Provide transit stops designed pursuant to Eco-Transit or RFTA design specifications for covered, partially enclosed, lighted facilities with bicycle racks, maps and route signage information. 2 points Covered bicycle storage: 1 additional point. 3.4 WALKABLE VICINITY ACCESS: Outside services and stores are within walkable distance to the project location. Use www.walkscore to establish the vicinity walkability of the project. A score of: 10-25 gets 1 point 26-50 gets 2 points 51-75 gets 3 points 76-100 gets 4 points 3.5 BICYCLE NETWORK: The project provides accessibility and connection to bicycle paths and routes connecting it to a town of community center,Eco-Trails Core Valley Trail,or Mid-Valley Trail. 3 points 3.6 ACCESS TO PUBLIC SPACES: 90% dwelling units and/or non-residential spaces are within a 1/4 mile of a public green space that is at least '/4 acre in size(cannot be a narrow strip of greenspace). 2 points 3.7 ACCESS TO ACTIVE SPACE: The project allows access to public outdoor recreation areas. a. 90% of dwelling units are within '% 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 LAND USE REGULATIONS 4-184 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4 Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX c. The project is within 3 miles of a farmer's market that has been in place at least 2 years and includes no less than 3 local agricultural producers. 1 point SECTION 4-830.4. RESOURCE EFFICIENCY 4.1 LIMITED TURF/EFFICIENT TURF SPECIES: a. Less than 25%of landscaped areas are irrigated turf grass. 1 point b. Irrigated turf grass areas use a species that requires on average 25% or less irrigation than Kentucky blue grass. 1 point 4.2 DIVERSE NATIVE LANDSCAPING: The project uses over 10 or more species of native low-water plant species as a part of its landscape plan. • 2 points 4.3 XERISCAPE: The landscape plan demonstrates utilization of the seven principles of xeriscape design: 2 points a. Thoughtful landscape plan for dry/wet zones and plant maturity b. Select low-water-use plants as identified by CSU or recognized source c. Minimize or eliminate turf areas d. Use efficient irrigation(drip systems,EV schedules,etc.) e. Improve the soil f. Use mulches g. Demonstrate appropriate maintenance plan 4.4 SOLAR ORIENTATION: 75% of all buildings in the project have solar orientation. The south-facing façade of the buildings must be at least 1.5 times the east-west facades. 3 points. At least 50% of the south-facing façade area is capable of mounting a solar collection device which would generate at least 90% of an ideal aspect as calculated on www.pvwatt.com. Additional 2 points 4.5 RENEWABLE ENERGY: Provide on-site renewable energy system(s). 3 points for each 5% of total energy consumption offset by system(s). LAND USE REGULATIONS 4-185 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Redline ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX 4.6 INFRASTRUCTURE RECYCLED CONTENT: Concrete and/or asphalt is at least 75%recycled content. 1 point Any mulch is recycled wood waste chip, and/or recycled tire mulch(for play areas). I point 4.7 RECYCLING: The project is designed with recycling containers for co-mingled, newspaper, and cardboard for non-residential,mixed-use,and multi-family projects(REQUIRED). 4.8 LIGHT POLLUTION: The project utilizes dark sky fully shielded down-facing lighting for infrastructure. Lighting doesn't create glare or be unnecessarily overpowered. Buildings shall only have exterior illumination necessary for safety requirements and minimal signage illumination for commercial uses(REQUIRED). 4.9 INNOVATION IN DESIGN: Demonstrate other components of the design that meet the intent of the Sustainable Design Index which is to promote resource efficiency, renewable power, reduced impacts, and social capital/equity. Points reviewed on a case by case basis. • LAND USE REGULATIONS 4-186 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4 SITE DEVELOPMENT STANDARDS - EAGLE COUNTY 1 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS TABLE OF CONTENTS TABLE OF CONTENTS DIVISION 4-1. OFF-STREET PARKING AND LOADING STANDARDS 4 SECTION 4-100. PURPOSE 4 SECTION 4-110.APPLICABILITY 4 SECTION 4-120.NUMBER OF REQUIRED PARKING AND LOADING SPACES 4 SECTION 4-130. GENERAL STANDARDS FOR PARKING AND LOADING AREAS 6 SECTION 4-140. DESIGN STANDARDS FOR PARKING AND LOADING AREAS 7 DIVISION 4-2. LANDSCAPING AND ILLUMINATION STANDARDS 15 SECTION 4-200. PURPOSE 15 SECTION 4-210. APPLICABILITY 15 SECTION 4-220. LANDSCAPE PLAN 16 SECTION 4-230. LANDSCAPING DESIGN PRINCIPLES, STANDARDS AND MATERIALS 18 SECTION 4-240. INSTALLATION AND MAINTENANCE REQUIREMENTS 27 SECTION 4-250. ILLUMINATION STANDARDS 29 DIVISION 4-3. SIGN REGULATIONS 30 SECTION 4-300. PURPOSE 30 SECTION 4-310. APPLICABILITY 30 SECTION 4-320. PROHIBITED SIGNS 32 SECTION 4-330. SIGN STANDARDS APPLICABLE IN ALL ZONE DISTRICTS 34 SECTION 4-340. SIGN STANDARDS APPLICABLE TO SPECIFIC ZONE DISTRICTS 37 SECTION 4-350.PROCEDURE TO OBTAIN A SIGN PERMIT 41 SECTION 4-360. NONCONFORMING SIGNS 42 SECTION 4-370. VIOLATIONS AND PENALTIES 43 DIVISION 4-4. NATURAL RESOURCE PROTECTION STANDARDS 45 SECTION 4-400. PURPOSE 45 SECTION 4-410. WILDLIFE PROTECTION 45 SECTION 4-420. DEVELOPMENT IN AREAS SUBJECT TO GEOLOGIC HAZARDS 48 SECTION 4-425. HILLSIDE DEVELOPMENT 52 SECTION 4-430. DEVELOPMENT IN AREAS SUBJECT TO WILDFIRE HAZARDS 56 SECTION 4-440. WOOD BURNING CONTROLS 61 SECTION 4-450. RIDGELINE PROTECTION 63 SECTION 4-460. ENVIRONMENTAL IMPACT REPORT 69 DIVISION 4-5.COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS 74 SECTION 4-500. PURPOSE 74 SECTION 4-510. APPLICABILITY 74 LAND USE REGULATIONS 2 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS TABLE OF CONTENTS SECTION 4-520. NOISE AND VIBRATION STANDARDS 74 SECTION 4-530. SMOKE AND PARTICULATE STANDARDS 74 SECTION 4-540. HEAT, GLARE,RADIATION AND ELECTRICAL INTERFERENCE 75 SECTION 4-550. STORAGE OF HAZARDOUS AND NON-HAZARDOUS MATERIALS 75 SECTION 4-560. WATER QUALITY STANDARDS 76 DIVISION 4-6. IMPROVEMENTS STANDARDS 77 SECTION 4-600. PURPOSE 77 SECTION 4-610. APPLICABILITY 77 SECTION 4-620. ROADWAY STANDARDS 77 SECTION 4-630. SIDEWALK AND TRAIL STANDARDS 112 SECTION 4-640. IRRIGATION SYSTEM STANDARDS 113 SECTION 4-650. DRAINAGE STANDARDS 114 SECTION 4-660. EXCAVATION AND GRADING STANDARDS 117 SECTION 4-665. EROSION CONTROL STANDARDS 117 SECTION 4-670. UTILITY AND LIGHTING STANDARDS 121 SECTION 4-680. WATER SUPPLY STANDARDS 122 SECTION 4-690. SANITARY SEWAGE DISPOSAL STANDARDS 123 DIVISION 4-7.IMPACT FEES AND LAND DEDICATION STANDARDS 126 SECTION 4-700. SCHOOL LAND DEDICATION STANDARDS 126 SECTION 4-710. TRANSPORTATION IMPACT FEES 127 SECTION 4-720. EMERGENCY SERVICE IMPACT FEES 128 DIVISION 4-8. SUSTAINABLE COMMUNITY INDEX 136 SECTION 4-800. PURPOSE 136 SECTION 4-801. APPLICABILITY 136 SECTION 4-820. POINT REQUIREMENTS 136 SECTION 4-830. POINT DETAILS 136 SECTION 4-830.1. SITE/LOCATION: 136 SECTION 4-830.2. CONNECTIONS/USES: 138 SECTION 4-830.3. TRANSPORTATION: 141 SECTION 4-830.4. RESOURCE EFFICIENCY 144 LAND USE REGULATIONS 3 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS DIVISION 4-1. OFF-STREET PARKING AND LOADING STANDARDS • SECTION 4-100. PURPOSE This Division establishes parking standards for land uses within unincorporated portions of Eagle County. The standards are intended to lessen congestion on streets,to ensure an adequate supply of parking spaces within a reasonable distance of land uses and to provide standards for the design and use of required parking areas. SECTION 4-110. APPLICABILITY The standards of this Division shall apply to all development, including new uses, expansion of existing uses and the change of use of land or structures. SECTION 4-120. NUMBER OF REQUIRED PARKING AND LOADING SPACES A. Off-Street Parking Required. All uses shall be required to provide that number of off-street parking spaces which complies with the standards set forth in Table 4-120, "Minimum Off-Street Parking Standards For Each Use". 1. Multiple Uses. If two (2) or more principal uses occupy a single parcel or structure, the number of required off-street parking spaces for the parcel or structure shall be the additive total for each principal use of the parcel or structure. 2. Shared Parking or Loading Areas. No parking or loading area that is required by these Land Use Regulations shall be a required parking or loading area for another use,unless it can be shown that the peak use periods for required parking or loading areas for two (2) or more uses located on the same or adjoining sites will not overlap with one another. Upon the presentation of satisfactory evidence by the applicant that such shared use will not result in a shortage of parking at any time, the Planning Director may approve a shared use arrangement for said parking or loading area and may reduce the number of off-street parking spaces by up to twenty(20)percent of the total required for all uses. 3. Required Fractional Spaces. When any calculation of the number of required off-street parking spaces results in a fractional space being required, such fraction shall be rounded up to the next higher number of spaces. LAND USE REGULATIONS 4-4 EAGLE COUNTY,COLORADO Article 4 i Exhibit A ECLUR Article 4 Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS TABLE 4-120 MINIMUM OFF-STREET PARKING STANDARDS FOR EACH USE Use Parking Standard Single-Family or Duplex Dwelling Unit 3 spaces per dwelling unit' Mobile Home Unit 2 spaces per mobile home space Multi-Family Dwelling Unit: 1 bedroom or studio 2 spaces per dwelling unit' 2 to 3 bedrooms 2.5 spaces per dwelling unit 4 or more bedrooms 3 spaces per dwelling unit Multi-Housekeeping Dwelling Unit 1 space per bedroom Lodging Unit(including hotel,motel, 1 space per room lodge, boarding house and similar uses) Retail, Service Commercial and Office 1 space per 250 s.f. of net leasable floor area2 Restaurant and Tavern 1 space per every 4 seats 1 space per 100 s.f of floor area used for Auditorium and Public Assembly Areas seating or assembly Public Facilities and Health Facilities (excluding auditorium and public assembly 1 space per 300 s.f. of floor area2 areas) Ski Facility: 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 1 space per 2,000 s.f. of floor area or Truck Freight Terminals Notes: 1. The parking requirement for a studio or one (1) bedroom dwelling unit shall be 2 spaces per unit. 2. Net leasable areas include only those areas that are designed to be leased to a tenant and occupied for commercial or office purposes, exclusive of any area dedicated to foyers, bathrooms, stairways, circulation corridors and mechanical areas and storage areas used solely by tenants on the site. 4. Uses Not Listed. The number of required off-street parking spaces for any use not LAND USE REGULATIONS 4-5 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS specifically listed in Table 4-120, "Minimum Off-Street Parking Standards For Each Use", shall be determined by the Planning Commission, considering a report and recommendation by the Planning Director. The report shall identify the standards for any similar uses listed in Table 4-120, "Minimum Off-Street Parking Standards For Each Use", and shall also identify other potentially applicable standards contained in recognized publications or used in communities similar to Eagle County. B. Off-Street Loading Required. Buildings or structures that are designed to receive and distribute materials and merchandise by truck, or that are substantially altered so as to receive and distribute materials and merchandise by truck, shall provide and maintain off-street loading berths or loading spaces in sufficient number to meet their own need. Where the property or use is served or designed to be served by tractor-trailer delivery vehicles, the following standards shall be used in establishing the minimum number of off-street loading berths required: Gross Floor Area Number of of the Building Required Loading Berths or Spaces Up to 10,000 sq. ft. 1 Greater than 10,000 sq. ft. 2 SECTION 4-130. GENERAL STANDARDS FOR PARKING AND LOADING AREAS A. Continuing Obligation. The provision and maintenance of off-street parking and loading spaces that comply with the standards of this Division shall be a continuing obligation of the property owner. 1. Spaces Shall Be Shown With Building Permit Application. No building permit shall be issued until plans are presented showing the area that will be made available for exclusive use to meet the applicable off-street parking and loading standards. A plan drawn to scale, indicating how the applicable off-street parking and loading standards will be fulfilled, shall accompany an application for a building permit. 2. Spaces Shall Remain Available. Any subsequent use of property for which the building permit is issued shall be conditional upon the unqualified continuance and availability of parking and loading spaces that comply with the standards of this Division. 3. Change of Use. Should the owner or occupant of any lot or building change the use to which the lot or building is put, thereby increasing off-street parking and loading requirements, it shall be unlawful and in violation of these Regulations to begin or maintain such altered use until such time as the increased off-street parking and loading requirements are complied with. LAND USE REGULATIONS 4-6 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS B. Prohibited Uses of Required Spaces.Required parking spaces shall be available only for the parking of operable passenger automobiles of residents, guests, customers, patrons,and employees of the use for which they are required. Prohibited uses of required parking spaces shall be as follows: 1. Inoperable Vehicles or Materials.Inoperable vehicles or materials shall not be stored in required parking spaces. 2. Delivery Vehicles. Delivery vehicles or trucks used in conducting the business or use shall not be parked in required parking spaces during business hours, but may be parked in such spaces for overnight storage or parked in designated additional spaces during business hours or for overnight storage. 3. Vehicles for Sale. Vehicles shall not be displayed for sale in any parking area required for a non-residential use, except for the casual display of a vehicle by its owner, when the owner is an employee or customer using the premises. 4. Repair Work. Repair work shall not be conducted in any parking area required for a non-residential use if the repairs render a vehicle inoperable for periods of more than twenty-four(24)hours. 5. Commercial Vehicles on Residential Property. Commercial vehicles or heavy equipment used in a business operation shall not be parked in required parking spaces for a residential use, unless the commercial vehicle is used for a permitted home occupation • or is a company vehicle used for commuting that is parked overnight. C. Location of Required Parking Spaces. Required off-street parking spaces shall be located as follows: 1. On The Same Lot. On the same lot as the structure the spaces are intended to serve; or 2. Within a Common Assigned Parking Area. Within a common assigned parking area under the ownership of the individual owners of,and within the same development as,the use the spaces are intended to serve,unless specific arrangements have been approved by the Planning Commission, considering a report and recommendation by the Planning Director. D. Loading and Unloading. Loading and unloading of vehicles serving commercial and industrial uses shall be conducted on private property and not on any street or alley. SECTION 4-140. DESIGN STANDARDS FOR PARKING AND LOADING AREAS A. 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 LAND USE REGULATIONS 4-7 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS include, but are not limited to, asphalt, concrete, paving blocks, and gravel surface. Grass 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 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.1 2/13/05) 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 CommitteeA117.1, 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) LAND USE REGULATIONS 4-8 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS 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 1 of accessibilitycomplyingwith ICC/ANSI A.117.1 section 4.28.8. Signs shall symbol Y not be obscured by a vehicle parked in the space. (am.11/08/05) 3. Location. Except as otherwise excepted or modified by the IBC, accessible parking spaces shall be located on the shortest possible accessible route from adjacent parking to an accessible building entrance. In facilities with multiple accessible building entrances with adjacent parking, accessible parking spaces shall be dispersed and located 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) LAND USE REGULATIONS 4-9 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS 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 4-10 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS DOUBLE ROW PARKING BOTH ROWS OF PARKING STALLS FOR TWO WAY PARKING FOR INDOOR PARKING STALLS MUST BE AT THE SAME ANGLE THE AISLE MUST BE DIMENSIONS WILL BE OR IF ANGLE OF STALLS 24 FEET WIDE 18 x 9'OR AS OTHERWISE SHOWN VARY,THEN THE GREATER FOR OUTDOOR PARKING STALLS DISTANCE FOR THE AISLE DIMENSIONS WHY BE WILL APPLY. 20'x 10'OR CURB,GUTTER AND WHEEL STOPS ARE INSTALLED ONE-WAY ( 1 PARALLEL `---+'+�----w�� \br o PARKING 11J,' LV N `0 b/ ONE-WAY 30 DEGREE ANGLE PARKING �4 \\ 1\\ N ONE-WAY 45 DEGREE ANGLE PARKING2°‘/// • `~ N ., \ / ONE-WAY c 60 DEGREE ANGLE PARKING -€1 /iPp4P, o \ TWO-WAY 90 DEGREE ANGLE PARKING cv • {q o yi-a-a LAND USE REGULATIONS 4-11 EAGLE COUNTY COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS SINGLE ROW AND HANDICAP PARKING IF ANGLE OF STALLS FOR TWO WAY PARKING FOR INDOOR PARKING STALLS VARY,THEN THE GREATER THE AISLE MUST BE DIMENSIONS WILL BE DISTANCE FOR THE AISLE 24 FEET WIDE 18' x 9' OR AS OTHERWISE SHOWN WILL APPLY. FOR OUTDOOR PARKING STALLS DIMENSIONS WILL BE • 20' x 10' OR CURB, CUTTER AND WHEEL STOPS ARE INSTALLED \... 0 PARALLEL \„L o 0 PARKING o N li' '.....''''\.,,s..,..,,._......'''--'''"•,c,..,%/t-4- .---.'-\.,.,...,,,,.... o/ 30 DEGREE -cvONE-WAY ANGLE PARKING \( . I�, iN \, 45 DEGREE 44/m ONE-WAY ANGLE PARKING \" b t \ 4 \\ \ , c f... ONE-WAY 80 DEGREE m ANGLE PARKING / la 0 ^� -J ri \o �i i 0 w TWO-WAY \ 90 DEGREE o ANGLE PARKING \ 0 o `s' 0 & HANDICAP PARKING SINGLE SPACE AND o / / DOUBLE SPACE H 12'-0' 10'-f' 10'-0" 5'-0` / LAND USE REGULATIONS 4-12 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS 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. driveways shall have a minimum clear vision area formed 2. Clear Vision Area. Access y 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, LAND USE REGULATIONS 4-13 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS 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. 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. LAND USE REGULATIONS 4-14 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS DIVISION 4-2. LANDSCAPING AND ILLUMINATION STANDARDS SECTION 4-200. PURPOSE (am.5/16/06)(am.12/11/07) A. Purpose. The purpose of this Division is to provide standards for landscaping, water conservation relative to landscaping, and illumination of development within unincorporated portions of Eagle County, so as to maintain and enhance the character of residential neighborhoods,commercial centers and industrial areas. This is accomplished by: • 1. Setting minimum standards for planting within residential and non-residential development and associated parking areas; 2. Promoting and facilitating water conservation through the efficient utilization of water for irrigation purposes; 3. Preventing degradation of water resources and related aquatic environments due to soil erosion and low stream flow events. 4. Preventing property damage due to improper drainage. 5. Minimizing unsightliness through the use of landscape buffers and screening around and between the County's more intensively developed areas. 6. Eliminating the spread of noxious weeds or invasive plant species. 7. Establishing standards to prevent illumination from becoming a nuisance to neighboring properties or to motorists,while allowing illumination necessary for safety purposes. SECTION 4-210. APPLICABILITY These regulations are applicable to all new construction in the unincorporated territories of Eagle County, and shall supersede the provisions of any previously approved Planned Unit Development which may contain language contradictory in nature to the intent of these regulations. In the event that a previously approved Planned Unit Development documents, including the Preliminary Plan, the PUD Guide and all supporting materials contain language which is more restrictive than the language found in these regulations, then the more restrictive language shall apply. The standards of this Division shall apply except as follows: (am.12/11/07) A. Existing Structure. The standards of this Division shall not apply to remodeling, repair, restoration or alteration of an existing structure. However, additions or expansions that increase the footprint of a commercial, industrial or multi-family structure by more than twenty-five(25) percent and any landscape berms not previously approved through the Subdivision, PUD or building permit process shall comply with the standards of this Division to the maximum extent possible. Additions or expansions that increase the footprint of a single family or duplex structure by more than twenty-five (25) percent shall submit landscaping plans that indicate adherence to LAND USE REGULATIONS 4-15 EAGLE COUNTY COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS the landscape water conservation principles contained herein to the maximum extent practicable. In applying this standard to additions or expansion of pre-existing development the property owner may not be required to remove any existing established landscaping including turf grass that was installed on the property in accordance with the provisions of these Land Use Regulations, PUD Guides, Covenants or Design Guidelines that applied at the time of the installation. The Planning Director may require sprinkler system upgrades pursuant to these regulations, if a significant improvement to water conservation over existing conditions is achievable. (am. 5/16/06)(am.12/11/07) B. Governmental Entities. Governmental entities responsible for providing recreational amenities including public recreation fields, sports fields, public golf courses and play areas shall be exempt. (orig.12/11/07) C. Golf Courses. Public and private golf courses shall be exempt; although water conservation practices should be implemented on golf courses to the greatest extent practicable. (orig.12/11/07) D. 35 Acre Parcels. The standards of this Division shall not apply to Use by Right residential use on parcels thirty five(35)acres or greater in size within the Resource Zone District. (am.12/11/07) SECTION 4-220. LANDSCAPE PLAN A. Landscape Plan Required. A landscape plan for all multi-family, commercial and industrial development, prepared by a person who by reason of special knowledge of the principles and methodology of landscape architecture and landscape design acquired by professional education, practical experience, or both, is qualified to engage in the practice of landscape architecture and whose competence has been attested through certification as a landscape architect within the State of Colorado, shall be submitted for review as part of an application for building permits and other development applications within Eagle County, except that development specifically exempted in Section 4-210,Applicability. (am.12/11/07) A landscape plan for all single-family and duplex residential structures shall be submitted for review as part of an application for building permit within Eagle County, except that development specifically exempted in Section 4-210, Applicability. The landscape plan is not required to be prepared by a certified landscape architect unless the habitable space of the single-family residence contains more than 5,000 square feet or 10,000 square feet for both halves of a residential duplex structure combined. In these instances,the landscape plan shall be prepared by a certified landscape architect. The landscape plan shall address the following types of issues: (am.12/11/07) 1. Proposed Residential Subdivisions and PUD's. The landscape plan that accompanies a proposed residential subdivision or PUD is intended to address issues such as where and what type of trees and other landscaping will be placed, how common areas will be treated, how areas graded or otherwise disturbed during development will be re-vegetated, during development will be re-vegetated, how landscaped areas will be irrigated and similar concerns. It is not anticipated that landscaping for individual LAND USE REGULATIONS 4-16 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS residential lots will be addressed in the landscape plan for Subdivisions or PUD's. Regulations governing Public Rights of Way and specified clear zones, pursuant to Chapter 5-30.01 and Article 4-230.A39.a of these Land Use Regulations, must be applied. (am 3/12/02)(am.12/11/07) 2. Single-Family and Duplex Lots. The Landscape plan that accompanies building permit applications for single-family and duplex residential structures is intended to address the protection of existing plants, grading, revegetation of disturbed areas and water conservation. (am.12/11/07) 3. Commercial, Industrial, Multi-Family and Other Development. The landscape plan that accompanies a proposed commercial, industrial, multi-family or other type of development is intended to address how areas that are not covered by impervious surfaces will be treated and how such developments will be buffered from surrounding land uses and major streets or roads. (am.12/11/07) B. Conceptual Landscape Plan. The landscape plan submitted with a Preliminary Plan for Subdivision or Sketch Plan for PUD shall be a conceptual plan illustrating the overall intent of the applicant with regard to landscaping of commercial and industrial development, multi-family development and common areas / open space located within single-family and duplex residential development. Site specific landscape plans for single-family and duplex residential lots shall be required with application for building permit. Areas where trees, shrubs and ground cover will be preserved, removed or replaced shall be identified. Proposed landscape areas shall be labeled,to identify the type of landscaping planned and the general size and number of plants that are intended to be installed. (am.12/11/07) C. Detailed Landscape Plan. The landscape plan submitted with a Final Plat for Subdivision or Preliminary Plan for PUD or building permit for a single-family or duplex residence or for any other development requiring a landscape plan shall be a detailed plan showing how the applicant intends to landscape the development. It shall contain the following materials: (am.12/11/07) 1. Drawing. A dated, scale drawing, including topographic information at two (2) foot contour intervals, locating all lot lines and improvements to the property and any easements of record. The drawing shall identify all existing deciduous trees and coniferous trees of six inches (6") in caliper or greater that illustrates which trees will be preserved and which will be removed or relocated, areas where other existing vegetation will either be preserved or removed, and the type, location, size and number of plants that will be installed. Where it would be impractical to identify each tree, the drawing shall outline the dimensions of groves of existing and proposed trees. The drawing shall also show proposed earthen landscape berms, and where,how and what type of irrigation is to be provided. The size, quantity, common name and botanical name of plants used, including ground cover shall be labeled. When seed mixtures are used, the percentages of grass and/or wildflower mixtures and seed application rates shall be specified. (am. 5/16/06)(am.12/11/07) LAND USE REGULATIONS 4-17 EAGLE COUNTY COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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) 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) LAND USE REGULATIONS 4-18 EAGLE COUNTY.COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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) 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 LAND USE REGULATIONS 4-19 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS specifications. Detailed site specific irrigation plans for single-family and duplex residential lots will be required with application for building permit. (See also Section 4-24O.A.5 Installation and Maintenance Requirements, Irrigation System) (orig. 12/11/07) a. Use of Raw Water. Developments on land that has access to agricultural irrigation water rights are required to design and utilize a separate raw water system to accommodate all long term landscape irrigation needs. (orig. 12/11/07) b. Limitation on Pop-up Spray Heads. The use of above-ground, pop-up spray heads shall be limited to manicured turf areas only. Drip,micro jet or other low water consumptive water delivery systems shall be used for all other planted areas. (orig. 12/11/07) (1) Exception for Temporary Irrigation. Non-permanent spray systems may be used on a temporary basis to promote seed germination in revegetated areas. Irrigation shall be discontinued once a healthy stand of vegetation has been established. (orig. 12/11/07) (2) Exception for Homes in Areas of Moderate, High or Extreme Wildfire Danger Above ground spray heads may be used to irrigate landscape improvements within the 15 foot "Zone 1" defensible space area for homes located in areas of moderate, high or extreme wildfire danger. (orig. 12/11/07) (3) Exception for "dirty" water. In those instances where un-filtered irrigation water precludes the use of drip, micro jet or other low water consumptive delivery systems, alternative water delivery systems may be used to irrigate landscape improvements. (orig. 12/11/07) 5. Living Cover.All required landscape areas shall be landscaped. Non-living ground cover is encouraged, to the greatest extent practicable in the drier climates of the County, and may include decorative gravel, bark mulch, river rock or similar materials. Decorative elements, such as walks, decks, terraces, water features and similar treatments may be provided. (am 12/11/07) 6. Plants Compatible with Local Conditions. All plants used for landscaping shall be compatible with the local climate and the soils, drainage and water conditions of the site. When planting occurs on hillsides, slopes, drainage ways or similar natural areas, plant material should duplicate adjacent plant communities both in species composition and spatial distribution patterns. Whenever possible, landscaping should consist of drought-resistant varieties and employ low water consumptive design principles. Plant varieties adapted to local soil conditions and exposures should be used for all areas scheduled for drip irrigation. (am 12/11/07) 7. Save Existing Vegetation. The landscape plan shall be designed so that healthy trees, native vegetation and natural or significant rock outcroppings and other valued features LAND USE REGULATIONS 4-20 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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) e. Exemptions to Irrigated Turf Limitations. The Director of Community Development may exempt homes from the above turf area restrictions if it can be clearly demonstrated that the addition of irrigated turf over and above that allowed will not result in the use of more water than would otherwise have been consumed by a landscape plan conforming to these standards. A written request for exemption is required, and should include details regarding the raw water delivery system, water rights information, a letter from the water provider,ditch operator plan details, specifications, Design Review Board or Home Owners Association approval and any other information deemed relevant by the Director. (orig. 12/11/07) 9. Minimum Size. Landscaping within a clear vision area shall comply with the height limitations of Section 4-230.B.13.a., Clear Vision Area. Otherwise, trees and shrubs LAND USE REGULATIONS 4-21 EAGLE COUNTY COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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 one-half (1-1/2) inches in caliper,measured four(4) feet above the ground. (am 12/11/07) b. Coniferous Trees. Coniferous trees shall be a minimum of four(4)feet in height, measured from the top of the root ball to the top of the tree. (am 12/11/07) c. Ornamental Trees. Ornamental and flowering trees shall be a minimum of one and one-half(1.5) inches in caliper, measured four(4) feet above the ground. (am 12/11/07) d. Shrubs and Vines. Shrubs shall be in a minimum three(3) gallon container, and shall be a minimum of one (1) to two (2) feet in height. Vines shall be in a minimum one(1) gallon container. (am 12/11/07) 10. Minimum Number of Trees and Shrubs within Required Landscape Area. Landscape areas that are provided in order to comply with the maximum lot coverage standards of the Residential Multi-Family(RMF),Residential Suburban Medium Density (RSM), Residential Suburban Low Density (RSL), Commercial Limited (CL), Commercial General (CG), Industrial (I) and Rural Center (RC) zone districts shall comply with the applicable standards from Table 4-230, Number of Trees and Shrubs Within Required Landscape Area. TABLE 4-230 NUMBER OF TREES AND SHRUBS WITHIN REQUIRED LANDSCAPE AREA* Dimensions of Required Landscape Area Minimum Number of Required Trees and Shrubs Ten(10)to fifteen(15)feet in width One (1) tree and six (6) shrubs per two hundred-fifty(250)sq. ft. of landscaped area Fifteen(15)to twenty-five(25) feet in width One (1) tree and six (6) shrubs per two hundred-seventy-five (275) sq. ft. of landscaped area More than twenty-five(25)feet in width One (1) tree and six (6) shrubs per three hundred(300) sq. ft. of landscaped area Note * See text of Section 4-230 B.7 to determine applicability of these standards. (am 12/11/07) LAND USE REGULATIONS 4-22 EAGLE COUNTY COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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) 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, LAND USE REGULATIONS 4-23 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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 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, LAND USE REGULATIONS 4-24 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4 Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS (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 determine that a Finding of No Significant Impact(FONSI) is warranted. (1) Finding of No Significant Impact (FONSI). The Director of Community Development may determine that a Finding of No Significant Impact (FONSI) should be issued if the construction of the berm in its proposed location is consistent with the spirit and intent of related standards and is unlikely to have any significant adverse impact to adjacent properties or public resources or amenities. In the instance that a FONSI is made, and upon expiration of the reconsideration period described below, the applicant may pursue obtaining a Grading Permit for the construction of the berm. (2) Notice of Director's Determination of a FONSI. (a) Upon the Director's Determination of a FONSI, the Director shall notify the applicant by mail,and shall notify the Board,the County Administrator and the County Attorney of the Determination by e-mail or memorandum. (b) The Notice of Director's Determination of the FONSI shall be published once in the County legal newspaper not more than fourteen (14) days following the Determination. The notice shall describe the Project and the procedure for requesting reconsideration as set forth below. (3) Reconsideration of Director's Determination of a FONSI. (a) Call-up by the Board. Within fourteen (14) days after publication of the Director's Determination of a FONSI, the Board may decide to reconsider the Determination. Such reconsideration shall be made at the next regularly scheduled meeting of the Board for which proper notice can be accomplished. (b) Request for Reconsideration by Affected Party. Any affected party seeking a reconsideration of the Director's Determination of a FONSI shall file a written request with the Board within fourteen (14) days of the date of publication in the newspaper of the Notice of the Director's Determination of the FONSI. The LAND USE REGULATIONS 4-25 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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) 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. LAND USE REGULATIONS 4-26 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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. 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 Pt and extends through October 31 s`. (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 LAND USE REGULATIONS 4-27 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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 water systems, the avoidance of day-time irrigation, the installation of rain sensors, and the design of irrigation zones that accommodate the physical characteristics of the site and/or the groupings of vegetation installed must be employed to the greatest extent practicable. (am 12/11/07) 6. Maintenance. All landscaping shall be healthy at the time of its installation and shall meet the standards of the American Association of Nurserymen. Landscaping shall be maintained so that it remains alive, or replacement is required and shall be enforced pursuant to Chapter I, Section 1.14 Enforcement of these land use regulations. (am 12/11/07) a. Landowner Responsible. Maintenance of landscaped areas shall be the responsibility of the landowner. b. Replacement. Landscaping that does not survive within the first three (3) years after it is planted shall be replaced within three (3) months after it perishes, unless that date is not during a planting season, in which case it shall be replaced during the first month of the next planting season. The replacement vegetation shall be similar in size, type and amount to the vegetation that perished, so the integrity of the landscape plan is preserved and shall be in compliance with any approved Wildlife Enhancement Plans included as part of a subdivision and/or Planned Unit development approval. (am 12/11/07) c. Noxious Plant Materials. Weed control shall be required. Plant materials as listed on the most current noxious plant material list adopted by the Board of County Commissioners shall not be allowed as landscaping, and must otherwise be managed in compliance with applicable State and County regulations. (am 12/11/07) B. For Single Family and Duplex Lots (orig. 12/11/07) 1. Required Time For Completion. Notwithstanding requirements related to any other applicable permits, unless provided by the terms of deed restrictions, a subdivision improvements agreement or the terms of the Planned Unit Development documents, the owner of a single-family or duplex residence shall be required to complete installation of the landscaping, per the approved plan, within one growing season after receiving a Certificate of Occupancy. For the purposes of this regulation, growing season begins April 1"and extends through October 31 S` LAND USE REGULATIONS 4-28 EAGLE COUNTY.COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS 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. 3. Maintenance Responsibility. The landowner shall be responsible for the maintenance of all landscaped areas. Periodic weed control shall be required, and plant materials listed on the most current noxious plant material list adopted by the Board shall not be allowed as landscaping, and must otherwise be managed in compliance with applicable State and County regulations. SECTION 4-250. ILLUMINATION STANDARDS A. Purpose. This section establishes standards for controlling illumination to prevent intense glare or direct illumination that would create a nuisance detract from the use or enjoyment of adjoining property or cause traffic hazards to motorists. B. Standards. Exterior illumination shall not cast glare directly onto adjacent properties. Low Pressure Sodium (LPS) lamps are the preferred illumination source but other sources can be considered depending upon the filtering, shielding, height and number of sources. Mercury vapor lamps are discouraged. Streetlights used for illumination of public ways are encouraged to be 20 feet or less in height. Outdoor lighting used for decorative effects (architectural illumination, flag and monument lighting, illumination of trees, bushes, etc.) should be located, aimed, or shielded so as to minimize stray light trespassing across property boundaries. LAND USE REGULATIONS 4-29 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS DIVISION 4-3. SIGN REGULATIONS SECTION 4-300. PURPOSE The purpose of this Division is to provide a comprehensive system of reasonable, effective, consistent, content-neutral and non-discriminatory standards for signs. These standards control the construction, size, type, location and maintenance of signs and sign structures within the unincorporated portions of Eagle County so as to: A. Protect Appearance. Protect the appearance of the community and enhance the attractiveness of Eagle County as a place to live, do business and visit. B. Identification. Enable places of residence and commerce to be easily identified and allow the communication of information necessary for the conduct of business. C. Compatible. Permit signs that are compatible with their surroundings and aid in orientation, but preclude placement in a manner that conflicts with the principal uses of the site, adjacent land uses, or adjacent signs, or interferes with,obstructs the vision of, or distracts motorists,bicyclists or pedestrians. D. Limit Size and Number. Limit the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business. E. Lessen Hazards. Lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement or installation, illumination, animation and excessive height, area and bulk of signs that compete for the attention of motorists,bicyclists and pedestrians. F. Safety. Protect the public from the dangers of unsafe signs, and require signs to be constructed, installed and maintained in a safe manner. SECTION 4-310. APPLICABILITY A. General. The provisions of this Division shall apply to the display, construction, erection, alteration, use, maintenance and location of all signs within the unincorporated areas of Eagle County, except as specifically exempted in Section 4-310 B., Exempt Signs. All signs displayed, constructed, erected or altered after the date of the adoption of this Division shall be in conformance with its applicable provisions. All signs that are existing at the time of the adoption of this Division shall not be altered or enlarged without being in conformance with this Division. B. Exempt Signs. The following types of signs shall be allowed in all zone districts and are not subject to the requirement to obtain a sign permit,pursuant to Section 4-350,Procedure to Obtain Sign Permit. This exemption shall not be construed to relieve the owner from complying with any other applicable provisions of this Division. LAND USE REGULATIONS 4-30 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS 1. Signs Less than Six (6) Square Feet in Area. All signs, whether permanent or temporary, that do not exceed six (6) square feet in sign area, provided that there is not more than one (1) such sign per individual business, parcel, lot, or group of contiguous lots under single ownership. 2 Signs Required By Law. Signs required or specifically authorized for a public purpose by any law. 3. Public Notices.Public notices or signs relating to an emergency. 4. Traffic Signs. Signs erected in public rights-of-way by a local, state or federal governmental agency controlling or directing traffic. 5. Information Signs on Public Property. All information signs on or directing people to public property, provided such signs are related to the use of the property and are erected and maintained by the agency responsible for the public property. 6. Official Notices Posted By Government. Official government notices and notices posted by governmental officers in the performance of their duties to provide warning, necessary information,direction or other regulated purposes. 7. Hazard Warning Signs. Temporary or permanent signs erected by a public utility company or construction company to warn of dangerous or hazardous conditions. 8. Temporary Signs. Temporary signs for a special civic event, such as pennants or banners. Such displays may be erected three (3) weeks prior to the opening of the event and shall be removed one(1)week after completion of the event. 9. Historic Plaques. Memorial tablets or commemorative plaques installed by an historical agency,including cornerstones for buildings. 10. Scoreboards. Scoreboards used for athletic events, provided they do not exceed twenty (20)feet in height and sixtyfour(64) square feet in size. 11. Holiday Decorations. Decorations, clearly incidental and customary and commonly associated with any national, local or religious holiday. 12. Signs Affixed to Vehicle. Any signs permanently affixed to a truck, train, automobile, airplane or other operable vehicle that is not placed in a location for the purpose of advertising a product, service or activity or to direct people to a business or activity located on the premises or nearby. 13. Flags. Flags of any state, nation, government and any other flag not specifically used for advertising purposes. Flags shall not exceed sixtyfour(64) square feet in size. 14. Works of Fine Art. Works of fine art that in no way identify or advertise a product or LAND USE REGULATIONS 4-31 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS business. 15. Religious Emblem.Any religious emblem or insignia. 16. Addresses.Mail boxes, address numbers or residential nameplates. 17. Gravestones.Any gravestone. SECTION 4-320. PROHIBITED SIGNS The following types of signs or advertising devices are expressly prohibited in all zone districts: A. Structurally Unsafe. Signs that are structurally unsafe or constitute a hazard to safety or health by reason of inadequate maintenance or dilapidation. B. Signs Blocking Ingress or Egress. Signs that have been installed or maintained so as to prevent free ingress or egress from any door, window or fire escape. No sign of any kind shall be attached to a stand pipe or fire escape, except those signs that may be required by other codes, regulations, or ordinances. C. Signs Obstructing Visibility. Signs that obstruct or interfere with traffic signs or signals or with the visibility of operators of vehicles,bicycles or other conveyances using the public right of way or that are located within a clear vision area. D. Signs Resembling Traffic Control Devices. Signs that are of a size, location, movement, content, coloring or manner of illumination that may be confused with or construed as a traffic control device, but have not been erected or authorized to be erected by a governmental agency. E. Metal Signs. Signs with metallic surfaces, unless such surfaces are treated to reduce reflection from sunlight or artificial illumination. F. Signs Creating Optical Illusion. Signs that create an optical illusion of movement by means of a design which presents a pattern capable of reversible perspective,giving the illusion of motion or changing of copy. G. Signs With Moving Parts. Signs with visible moving,revolving or rotating parts, flashing or fluttering lights or other illuminating devices that have a changing brightness or intensity or color or any mechanical movement or apparent movement achieved by electrical, electronic or mechanical means, except for time,temperature and date signs or holiday decorations. H. Displays With Open Light Bulbs. External displays, other than temporary decorative holiday lighting, that consist of unshielded or open light bulbs. I. Signs Making Sounds. Any sign that contains a radio, phonograph, whistle, bell or other soundmaking device. LAND USE REGULATIONS 4-32 EAGLE COUNTY COLORADO Article 4 I Exhibit A ECLUR Article 4 Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS J. Signs Without Adequate Clearance From Power Lines. Signs that have been constructed or maintained with less horizontal or vertical clearance from authorized communication or energized electrical power lines than that prescribed by State law. K. Off-Premises Signs. Signs not located upon the property or business identified or advertised by the sign. L. Vehicle Signs. Signs placed on vehicles or trailers that are parked or located for the apparent purpose of advertising a product, service or activity or to direct people to a business or activity located on the premises or nearby. M. Portable Signs. Portable or wheeled signs or advertising devices, except for operable and licensed motorized vehicles and licensed trailers used in the pursuit of regular daytoday business having the name of the permitted use(s) or service(s) offered. N. Obsolete Signs. Signs that are located on property that becomes vacant and unoccupied for a period of six (6) months or more, or a sign that pertains to a time, event or purpose that no longer applies shall be considered obsolete. The sign face of an obsolete sign shall be removed by the owner of the sign or the owner of the property. A sign that is not so removed by the owner may be removed by the Planning Director, as authorized by Section 4-370, Violations and Penalties. Provided, however, that the following types of signs shall be excepted from these provisions: 1. Exception for Change of Ownership. Permanent signs displayed on a business temporarily suspended because of a change of ownership or management of the business shall not be construed to be obsolete unless the property remains vacant or the business is closed for a period of six(6) months or more. 2. Exception for Seasonal Business. Permanent signs displayed on a business that is open only on a seasonal basis shall not be construed to be obsolete unless the property remains vacant or the business is closed for a period of twelve(12) months or more. O. Obscene Signs. Signs or pictures of an obscene, indecent or immoral character, such as will offend public morals or decency in accordance with constitutional standards. P. Three Dimensional Signs. Three (3) dimensional signs, such as statues, real or simulated, utilized for advertising purposes. Q. Balloons. Balloons or similar types of 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. LAND USE REGULATIONS 4-33 EAGLE COUNTY,COLORADO Article 4 M Exhibit A ECLUR Article 4 Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS SECTION 4-330. SIGN STANDARDS APPLICABLE IN ALL ZONE DISTRICTS A. Relationship to Other Regulations. The County's sign standards recognize other regulations pertaining to signage (such as the State of Colorado, Department of Highways, "Rules and Regulations Pertaining to Outdoor Advertising," effective January 1, 1984). Where any provision of this Section covers the same subject matter as other applicable regulations, the more restrictive regulation shall apply. B. Signs Limited to On-Premises Advertising. Signs shall identify or advertise interests conducted only on the lot of the sign location. C. Comprehensive Sign Plan. All buildings or lots containing more than one (1) business shall be required to submit a comprehensive sign plan showing all proposed signage in the building or lot. The comprehensive sign plan shall allocate to individual businesses their portion of the total sign area permitted for the building or lot. It shall also contain provisions that ensure that all signs in the building or on the lot will have a consistent appearance in terms of color, size, shape, lettering, graphics and illumination. D. Conform to Other Codes. Signs and sign structures shall be designed and constructed to conform to the Eagle 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 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 LAND USE REGULATIONS 4-34 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS shall be safely and securely fastened thereto by means of metal anchors, bolts or approved expansion screws of sufficient size and anchorage to safely support the loads applied. No anchor or support of any sign, except flat wall signs, shall be connected to or supported by a parapet wall that is not braced. e. Unsafe Signs Are a Violation. Signs in danger of falling down or that become insecure or otherwise represent an unsafe condition shall constitute a violation under the provisions of this Division and shall be removed or corrected by the sign owner. 2. Maintenance Standards. Signs and sign structures shall be maintained at all times in a state of good repair, with all braces, bolts, clips, supporting frame and fastenings free from deterioration, insect infestation,rot, rust or loosening. All signs shall be kept neatly finished, including all metal parts and supports thereof that are not galvanized or of rust resistant metals. E. Sign Area Measurement. 1. Area To Be Measured. The area of a sign shall be measured in conformance with this Section, provided that the structure or bracing of a sign shall be omitted from measurement unless such structure or bracing is made part of the message or face of the sign. Where a sign has two (2) display faces, the area of one(1) side shall be considered the total area for that sign. 2. Sign With Backing. The area of all signs with backing or a background, material or otherwise, that is part of the overall sign display shall be measured by determining the sum of the areas in each square,rectangle,triangle,portion of a circle or any combination thereof that creates the smallest single continuous perimeter enclosing the extreme limits of the display surface or face of the sign including all frames, backing, face plates, nonstructural trim or other component parts not otherwise used for support. 3. Signs Without Backing. The area of all signs without backing or a background,material or otherwise, that is part of the overall sign display shall be measured by determining the sum of the areas of each square,rectangle,triangle,portion of a circle or any combination thereof that creates the smallest single continuous perimeter enclosing the extreme limits of each word, written representation (including any series of letters), emblems or figures of similar character. 4. Combined Signs. The area of any sign having parts both with and without backing shall be measured by determining the total area of all squares,rectangles,triangles,portions of a circle or any combination thereof constituting the smallest single continuous perimeter enclosing the extreme limits of either of the following combinations: a. Display Surface. The display surface or face of the sign including all frames, backing, face plates, nonstructural trim; or LAND USE REGULATIONS 4-35 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS b. Other Parts.Other component parts not otherwise used for support. F. Illumination. Illumination of any sign permitted by this Division shall meet the following standards: 1. Shade, Shield or Direct. Illuminated signs shall be shaded, shielded or directed to not cause glare or otherwise adversely impact residential areas. 2. Not Cause Hazard.Neither the direct or reflected light from any light source shall create a traffic hazard to operators of motor vehicles on public thoroughfares or approaches to public thoroughfares. 3. Not Blink, Flash or Move. No sign shall have blinking, flashing, moving or fluttering lights or other illuminating devices that have a changing light intensity, brightness or color. 4. Not Resemble Traffic Device. Colored lights shall not be used at any location or manner so as to be confused with or construed as a traffic control device. G. Height and Setback Calculation. Height and setback calculations for signs in all zone districts shall be determined by the following method: No sign shall extend above the planes formed by intersecting imaginary lines from the lot lines to the setback lines, at a height of twenty-five (25) feet, (when existing building(s) conform to the required setbacks) or to the top of the tallest building on the lot, whichever is greater. The truncated pyramid formed by these planes is the height/setback limit. All signs in all zone districts shall conform to the above calculation, unless specifically exempted. Refer to the illustration on the following page. LAND USE REGULATIONS 4-36 EAGLE COUNTY COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS HEIGHT/SIGN SETBACK CALCULATION PROPERTY LINE • / 25' BUILDING SETBACK ACTUAL BUILDING HEIGHT OR HEIGHT/SETBACK LIMITATION LINE THE SIGN MAY BE SET ANTIMERE YATHIN THUS PROPERTY LINE / TRUNCATED PYRAMID 25' OR 50'SETBACK� BUILDING SETBACK LINE The formula for calculating Example: Setback requiremnet for on Erhigh sign sign height and/or setback on a vacant lot with a 50' setback is: is: sign setback _ sign height == =16' from the property line. bldg. setback bldg. height 50 25 SECTION 4-340. SIGN STANDARDS APPLICABLE TO SPECIFIC ZONE DISTRICTS A. Signs Allowed in All Residential, Agricultural and Resource Zone Districts. The following signs shall be allowed by sign permit in all Residential,Agricultural and Resource Zone Districts, as identified in Section 3-210,Residential,Agricultural and Resource Zone Districts. 1. Residential Identification Sign. One (1) residential building, lot or occupant identification sign per dwelling unit (identifying the name and/or address), provided the total sign area does not exceed twelve(12) square feet. LAND USE REGULATIONS 4-37 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS 2. Special Use Identification Sign. One (1) identification sign per approved special use, provided the total sign area does not exceed thirty-two (32) square feet, or as further restricted under the conditions of the special use permit. 3. Subdivision Identification Sign. One (1) identification sign per subdivision entrance in residential developments, provided that the sign area of each sign shall not exceed thirty-two (32) square feet and the maximum height of such signs shall not exceed eight (8) feet. Such signage shall not be required to meet the height/setback calculation, provided that the sign shall not be located within an intersection clear zone and shall not impede drainage. 4. Identification Sign for Model Home.One(1)identification sign per model home within an approved subdivision, provided that the sign area does not exceed sixteen(16) square feet and the maximum height shall not exceed six (6) feet. Such signage shall not be required to meet the height/setback calculation,provided that the sign shall not be located within an intersection clear zone and shall not impede drainage. 5. Sign For Vacant Land. One (1) sign for the sale, rent or lease of vacant land,provided that the total sign area shall not exceed sixteen (16) square feet, the sign is not illuminated, and the sign is limited to one (1) sign per parcel, lot, or group of contiguous lots under single ownership. Said sign shall be removed within seven(7)days following completion of the land sale,rental or lease. 6. Sign For Dwelling Units. Signs for the sale, rental or lease of dwelling units under construction or to be constructed, provided that no more than one (1) sign is located adjacent to each street abutting the subdivision, and providing that the total sign area of each sign does not exceed sixteen(16) square feet. No such sign shall remain erected for more than two (2)years or until the last dwelling unit is sold,whichever comes first. 7. Construction Sign. One (1) construction sign for each construction project not to exceed thirty-two (32) square feet in sign area. Two (2) individual tradesmen may display separate signs, not to exceed sixteen (16) square feet each, in addition to the thirty-two (32) square foot construction sign. Such signs may be erected ten (10) days prior to beginning construction and shall be removed after six (6) months or upon completion of construction whichever is later. Construction signs shall not count toward the total sign area allowed per lot. B. Signs Allowed Only in Certain Residential,Agricultural and Resource Zone Districts.The following signs shall only be allowed by sign permit in the residential, agricultural or resource zone districts specified herein. 1. Signs Advertising Products Raised on Premises. Signs advertising the sale of products produced or raised on the premises shall be allowed in the Resource (R), Resource Limited (RL), Agricultural Residential (AR), Agricultural Limited (AL), Rural Residential (RR) and Fulford Historical (FH) zone districts, provided that the total sign area shall not exceed twentyfour(24) square feet and shall not be illuminated. LAND USE REGULATIONS 4-38 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4 Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS 2. Directory Sign. One (1) directory sign shall be allowed for each lot, parcel, or group of contiguous lots under single ownership located in the Residential Suburban Low Density (RSL), Residential Suburban Medium Density (RSM), Residential Multi-Family (RMF) zone districts. The sign shall not exceed sixteen(16) square feet in sign area or eight(8) feet in height. Directory signs may be illuminated, in compliance with the provisions of this Division. One (1) individual directory sign, not exceeding eight (8) square feet in sign area, shall also be permitted for each multifamily structure. C. Signs Allowed In Commercial And Industrial Zone Districts. The following signs shall be allowed by sign permit in the Commercial and Industrial zone districts identified in Section 3-220,Commercial and Industrial Zone Districts. 1. Individual Business Signs. Individual businesses shall not exceed one (1) square foot of sign area per linear foot of building frontage for the first thirty-two(32)feet and one-third (1/3) of a square foot of sign area per linear foot of building frontage in excess of thirty-two (32) feet. In no case shall the total sign area for an individual business exceed a maximum of sixty-four(64) square feet,per street frontage. 2. Multiple Business Signs. Multiple businesses (business or shopping centers) shall be required to submit a comprehensive sign plan showing all proposed signage within the business center. The comprehensive sign plan shall comply with the provisions of Section 4-340.D.2.,Comprehensive Sign Plan and the following standards: a. Business Center. The business center itself shall be allowed one (1) square foot of sign area per linear foot of building frontage for the first thirty-two (32) feet and one-third (1/3) of a square foot of sign area per linear foot of building frontage in excess of thirty-two(32)feet. In no case shall the total sign area for a business center exceed a maximum of sixty-four (64) square feet, per street frontage. b. Individual Business. Each individual business within the business center shall be allowed twenty (20) square feet of sign area in addition to that permitted for the business center. c. Allocation to Businesses. Allocation of total aggregate sign area to individual businesses or tenants is not specified by these Regulations, but instead shall be the responsibility of the property owner or authorized agent. 3. Directory Sign. One (1) directory sign per street frontage shall be allowed, identifying the individual businesses within the business center, provided that the total sign shall not exceed forty (40) square feet in area nor ten (10) feet in height. The directory sign shall not be included in the total sign area allowed for the business center, and shall not be required to meet the height and setback calculation, provided that the sign shall not be located within an intersection clear zone nor shall it impede drainage. LAND USE REGULATIONS 4-39 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS 4. Directional Signs. Directional signs shall be allowed,provided that the total sign area of each sign shall not exceed six(6) square feet or eight(8) feet in height. Directional signs shall not be included in the total sign area allowed per individual business or multiple business and shall not be required to meet the height/setback calculation, provided that the signs shall not impair visibility for traffic movement and shall not impede drainage. 5. Sign for New Business. One (1) sign shall be permitted for each new or relocated business, for a period not to exceed thirty (30)days, to allow the business sufficient time to install a permanent sign. The area of the sign shall not exceed thirtytwo (32) square feet,which shall not be included in the total sign area allowed for each business. 6. Sale, Rent or Lease Sign. One (1) for sale, for rent or for lease sign per business shall be allowed, provided that the total sign area of each sign shall not exceed sixteen (16) square feet in sign area. Said sign shall be removed within thirty(30)days of completion of the sale, rent or lease of the business. This temporary sign shall not be included in the total sign area allowed for each business. 7. Sign for Vacant Land. For sale, for rent or lease signs advertising vacant land shall be allowed, provided that the total sign area of all such signs shall not exceed sixteen (16) square feet and shall be limited to one (1) sign per parcel, lot or group of contiguous lots under single ownership. Said signs shall be removed within seven (7) days following completion of the land sale, rental or lease. These signs shall not be included in the total sign area allowed for each business. 8. Construction Sign. One (1) construction sign for each construction project shall be allowed, not to exceed thirty-two (32) square feet in sign area. Two (2) individual tradesmen may display separate signs not to exceed sixteen (16) square feet each in addition to the thirty-two (32) square foot construction sign. Such signs may be erected ten (10) days prior to beginning construction and shall be removed after six (6) months, or completion of construction, whichever is later. Construction signs shall not be included in the total sign area allowed for each business. 9. Window Signs. Window signs shall be allowed,provided that no more than twenty-five (25) percent of the exterior window area, per street frontage, is covered by signs. Window signs shall not be included in the total sign area allowed for each business. D. Signs Allowed in a Planned Unit Development(PUD). 1. PUD Sign Plan. Signs within a Planned Unit Development(PUD) shall comply with all provisions of this Division,unless specifically varied by the approval of a comprehensive sign plan for the development. If a comprehensive PUD sign plan has been approved by the Board of County Commissioners,the provisions of that sign plan shall supersede any conflicting parts of this Division. 2. Comprehensive Sign Plan. Any Planned Unit Development may, by or through its managing body, submit to the County a comprehensive sign plan for the control and LAND USE REGULATIONS 4-40 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS regulation of signs within the PUD. The application and review procedures to amend an approved PUD, as specified in Section 5-240 F.3.m., Amendment, shall be followed for the review and approval of the PUD sign plan and any amendments thereto. 3. Application and Review Procedures. No application for a sign permit in a PUD shall be approved by Eagle County unless the application has been authorized for submission by the managing body of the PUD. Applications shall be submitted to the Eagle County Planning Department, together with two (2)copies of a sketch of the proposed sign(s)and any other pertinent information. The staff shall review the application to determine whether the proposed signage is consistent with the comprehensive PUD sign plan, as approved by the Board of County Commissioners. SECTION 4-350. PROCEDURE TO OBTAIN A SIGN PERMIT The following procedure shall be followed in order to erect and maintain a sign after the effective date of these regulations (which was February 21, 1989). A sign permit shall also be required at any time the area of an existing sign is increased. A. Permit Required. A sign permit for all signs shall be obtained from the Planning Department, unless the sign is specifically listed as exempt, pursuant to Section 4-310 B., Exempt Signs. No permit shall be required for the maintenance of a sign or for a change of copy, provided that the sign conforms to the standards of this Division. B. Pre-Existing Signs. A sign permit shall not be required for signs erected prior to May 8, 1978, provided that said signs conform to the standards of this Division. C. Application Form. Application for a permit to erect or display a sign in Eagle County shall be made to the Eagle County Planning Department on standard forms provided by the Department. Application forms shall be completed and signed by the property owner or authorized agent,and submitted with the appropriate fee, as established from time-to-time by Eagle County. Only complete applications shall receive consideration for approval. D. Drawing. All requests for a sign permit shall be accompanied by a drawing that is fully drawn to dimensions, showing the sign structure and proposed lighting. A site plan shall also be submitted, showing the location, setbacks, height and sign area of all proposed and existing signage on the lot. E. Electrical Permit. All requests for a new illuminated sign or that require replacement or extension of electrical wiring shall be accompanied by an application for an electrical permit. F. Inspection. The applicant shall request an inspection by Eagle County within three(3)months of the date of issuance of a sign permit. The sign permit shall expire three(3)months after its date of issuance if the sign has not been inspected and received final approval. A single three (3) month time extension may be granted by the County, if the extension is requested by the applicant in writing prior to expiration of a valid permit. LAND USE REGULATIONS 4-41 EAGLE COUNTY COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS G. Permit is For Life of Sign.A sign permit shall be issued for the life of the sign. H. Amendments. If, after a sign permit has been issued by Eagle County, it becomes necessary to change, modify, or alter the structural characteristics of the sign, or otherwise deviate from the terms or conditions of said permit, such amendment may be allowed, upon approval by the County, without additional permit fees being assessed. Such approval may only be granted by the County upon a finding that said amendment conforms to the provisions of this Division. A written record of such approval shall be entered upon the original permit application and maintained in the files of the Eagle County Planning Department. SECTION 4-360. NONCONFORMING SIGNS A. General Provisions. Section 4-300, Purpose, describes the County's intentions for the administration of signs in Eagle County. In order to reach those intentions, the eventual termination of signs that do not conform to these regulations is both reasonable and desirable. B. Policy for Legally Nonconforming Signs. The provisions of this Section allow nonconforming signs to continue, while at the same time assuring that the neighborhood in which the nonconforming sign exists will eventually benefit from the substantial compliance of permanent and temporary signs with these regulations. C. Determination That Sign is Legally Nonconforming.A legally nonconforming sign is any sign that: 1. Does Not Conform to Original Sign Regulations. Was lawfully erected as of the effective date of this Division, which was February 21. 1989, and has been lawfully maintained in accordance with the provisions of any prior regulations, but does not conform to this Division; or 2. Does Not Conform to Amended Sign Regulations. Was lawfully erected as of or after the effective date of this Division, which was February 21, 1989, and has been lawfully maintained in accordance with the provisions of this Division, but which sign,by reason of amendment to the provisions of this Division after the effective date hereof, does not conform to this Division. D. Continuation of Legally Nonconforming Signs. 1. Sign May Not Be Changed. Any legally nonconforming sign may be continued in operation and maintained after the effective date of this Division,which was February 21, 1989, provided no such sign shall be changed in any manner that increases the nonconformity of such sign. 2. Burden Rests Upon Owner. The burden of establishing a sign to be legally nonconforming under this Division rests entirely upon the person claiming such status for a sign. LAND USE REGULATIONS 4-42 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS E. Termination of Legally Nonconforming Signs. The right to use, operate or maintain a legally nonconforming sign shall terminate upon any of the following: 1. Abandonment. Signs pertaining to activities or occupants that are no longer using a property shall be removed from the premises within six (6) months after the associated activity or occupant has vacated the premises. Any such sign not removed within the required period shall constitute a nuisance and shall be subject to removal by action of Eagle County. 2. Violation. Any violation of this Division and/or any preexisting Eagle County sign provisions shall immediately terminate the right to maintain such sign. 3. Destruction, Damage or Obsolescence. The right to maintain any legally nonconforming sign shall terminate whenever the sign sustains damage in excess of fifty (50) percent of its replacement cost, or becomes obsolete or substandard to the extent that the sign becomes a hazard. 4. Condemnation. The Board of County Commissioners may choose to condemn a nonconforming sign. Recommendations for condemnation may be made by the Planning Director, when the sign is found to be in violation of this Division. 5. Failure to Maintain. The right to continue use of a legally nonconforming sign shall terminate if the sign is not maintained in good structural and visual condition, as determined by the Board of County Commissioners,based upon the recommendations of the Planning Director. SECTION 4-370. VIOLATIONS AND PENALTIES A. Inspection and Order to Repair. The Planning Director shall inspect and shall have the authority to order the repair, alteration, painting or removal, at the owner's expense, of any sign that constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation or obsolescence. B. Written Order. When the Planning Director finds that a violation of this Division exists,he shall issue a written order to the alleged violator. The order shall specify those provisions of this Division that the individual may be in violation of and shall state that the individual has ten(10) days from the date of the order in which to correct the alleged violation, or to file a variance application with the Planning Department. C. Removal of Obsolete Sign. If, upon inspection, the Planning Director finds that a sign has been abandoned, he shall issue a written order to the owner of the sign and/or owner or occupant of the premises stating the nature of the violation and requiring that person to remove or repair the sign within ten (10)days from the date of the order. In cases of emergency,the Planning Director may cause the immediate removal of any sign that endangers the public or is structurally, materially, electrically or otherwise defective, without notice, at the expense of the owner of the sign or premises. LAND USE REGULATIONS 4-43 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS D. Removal of Prohibited Sign. In the case of a prohibited sign, the sign owner or owner of the premises shall be required to remove the offending sign(s) within two (2) days of receipt of written notification served on the sign owner or owner of the premises personally,or by certified mail, return receipt requested. If return receipt is not received within ten (10) days, then the Planning Director shall serve the notice upon the alleged violator. If the sign is not removed two (2) days thereafter, then the County may remove the offending sign(s)and recover the costs from the owner of the sign(s)or the premises. E. Sign Does Not Comply With Permit. If the Planning Director finds that the sign under any permit issued does not comply with the information supplied in the permit application and/or is in violation of this Division, or finds that there has been any misrepresentation in connection with the application for the permit, he shall notify the sign owner of such findings and notify the sign owner that the violation must be corrected within five (5) working days. The sign owner shall have five (5) working days in which to reply to such notification. If such correction is not made within the five (5) day period, the Planning Director shall revoke the permit and shall serve written notice thereof upon the sign owner. F. Violation. It is a violation of this Division for any person to perform or order the performance of any act that is contrary to the provisions of this Division, or to fail to perform any act that is required by any of the provisions hereof. In the case of a continuing violation, each twentyfour (24)hour period in which the violation exists constitutes a separate violation. G. Penalties. Penalties for violations of this Division shall be as provided in Article 7, Enforcement. LAND USE REGULATIONS 4-44 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS DIVISION 4-4. NATURAL RESOURCE PROTECTION STANDARDS SECTION 4-400. PURPOSE The purposes of this Division are: (1) to provide for the protection of wildlife, riparian areas and other natural resources; (2) to ensure that development on steep and unstable slopes and other areas subject to geologic hazards is accomplished in a manner that protects the safety of inhabitants and minimizes environmental and aesthetic impacts; and (3) to preserve ambient air quality and water quality and quantity, to maintain the County's healthy, attractive mountain environment for residents and visitors. SECTION 4-410. WILDLIFE PROTECTION A. Purpose. As natural land and native wildlife habitat is developed for human use, the need to minimize the negative impact of humans on wildlife and their habitat increases. The purpose of the Wildlife Protection Section is to protect and maintain wildlife in Eagle County and minimize the risk of dangerous interaction between humans and wildlife. This is done through the development review process whereby potential wildlife habitat is identified and appropriate avoidance, minimization and/or impact mitigation techniques are suggested that will sufficiently protect the wildlife species and their habitats. (am 3/12/02) B. Wildlife Analysis. 1. Applicability. At the discretion of the Planning Director, the provisions of this Section may apply to any application for a Special Use Permit, Subdivision or Planned Unit Development(PUD). (am 3/12/02) 2. Procedure for Wildlife Analysis. An applicant for development that is subject to the provisions of this Section 4-410.B, Wildlife Analysis, shall submit a Wildlife Analysis as part of the application. The purpose of the Wildlife Analysis is to identify the location of wildlife habitat or migration routes, determine potential impacts of development, and identify appropriate avoidance, minimization, and/or impact mitigation techniques. The County encourages the assistance of competent professional technicians at this stage of the planning process. (am 3/12/02) 3. Referral to Colorado Parks and Wildlife. As part of the review of the application, the Planning Director, shall refer to the Colorado Parks and Wildlife(CPW)all applications as identified in Section 4-410.B.1, Applicability. Referral of Final Plat applications will be at the discretion of the Planning Director. (am 3/12/02) 4. Review by CPW. CPW will be requested to review the application and determine whether there is potential impact to wildlife habitat or migration routes. During their review, CPW should take into consideration potential impacts to the following: a. Elk Migration Corridors and Patterns LAND USE REGULATIONS 4-45 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS b. Elk Production Areas c. Elk Severe Winter Ranges and Winter Concentration Areas d. Mule Deer Staging Areas and Migration Corridors e. Mule Deer Severe Winter Ranges, Winter Ranges, and Winter Concentration Areas f. Bighorn Sheep Migration Patterns g. Bighorn Sheep Winter Concentration Areas h. Bighorn Sheep Production Areas i. Bald Eagle Roost Sites j. Golden Eagle Nest Sites k. Peregrine Falcon Nest Sites I. Sage Grouse Production Area m. Lynx Occupied Habitat. n. Other pertinent wildlife habitat or activity areas. (am 3/12/02) 5. Recommendation By CPW. Considering the potential impact to wildlife,the CPW shall review the application, including the Wildlife Analysis, and make recommendations pertaining to important habitat or migration routes of wildlife species which may be affected by the proposed development. The recommendation shall identify appropriate avoidance, minimization, and/or impact mitigation techniques. (am 3/12/02) 6. Consideration. The County shall consider the content of the Wildlife Analysis and the recommendations of the CPW during the development review process. (am 3/12/02) C. Wildlife Proof Refuse Container/Dumpster Enclosure Standards (orig. 3/12/02) 1. Applicability. The provisions of this Section shall apply to any application for a Special Use Permit, Subdivision or Planned Unit Development (PUD). The provisions of this Section may apply entirely or in part to the application for a Limited Review at the discretion of the Planning Director. 2. Definitions. LAND USE REGULATIONS 4-46 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS ' DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS a. Wildlife - any undomesticated animal, including but not limited to elk, deer, sheep, lynx, skunks, squirrels, bears, raccoons, coyotes, mountain lions, bobcats and foxes. b. Wildlife Proof Refuse Container - a fully enclosed container constructed of non-pliable material to prevent access by wildlife and meets the standards of these Land Use Regulations. A dumpster, or similar trash receptacle of heavy construction may be a Wildlife Proof Refuse Container. c. Wildlife Proof Dumpster Enclosure - a fully enclosed structure consisting of four sides and a roof or cover of sufficient design and construction to prevent access by wildlife. The door or cover must have a latching mechanism,the sides of the structure must extend to within two inches of the ground, and ventilation openings must be covered with a heavy gauge steel mesh or other material of sufficient strength to prevent access by Wildlife. Wildlife Proof Dumpster Enclosures are subject to all building codes and planning and zoning requirements. d. Wildlife Resistant Refuse Container - a fully enclosed container that can be constructed of pliable materials but must be reinforced to deter access by wildlife. 3. General Requirements. a. Refuse Container Design. All refuse containers,regardless of size, that receive wastes shall be either a Wildlife Proof Refuse Container as recommended by the Division of Wildlife (All Refuse Haulers will be issued a list of recommended refuse containers created by the county with direct input by the Colorado Parks and Wildlife. This list will be kept on record at the Eagle County Building), or a Wildlife Resistant refuse container which is stored within a building, house, garage, or approved Wildlife Proof Dumpster Enclosure. The lid must fit tightly and have a latching mechanism resistant to animal access. Any refuse container and/or dumpster which has been compromised by wildlife shall be replaced within 14 days. b. Dumpster Design. All dumpsters, regardless of size, that receive food waste shall be of a design that is Wildlife Proof,with drain holes no greater than one (1) inch in diameter. Dumpster lids must have a closure mechanism and/or a latching device and be approved by the Colorado Parks and Wildlife, or their designee. All lids must: (1) Fully enclose(cover)the dumpster opening; (2) Have edges that fit flush(not turned up or bent); (3) Have closure mechanisms which will withstand opening by an animal and will remain closed when on their side or upside down; LAND USE REGULATIONS 4-47 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS (4) Have acceptable latching devices, such as cables,bars and/or handles and must lock into place with a pin or other mechanism; and (5) Be constructed to withstand the weight of a full grown bear (approximately 450 pounds). c. Outdoor Compactor Design. Compactors must be Wildlife Proof. No trash may be exposed and doors must be kept closed except when loading or removing refuse. d. Time Limit. Refuse for curb-side pick up shall only be allowed to remain by the curb during daylight hours. Refuse containers which do not meet the standards of Section 4-410.C.3. "General Requirements," must be wildlife resistant and may only remain outdoors from dawn to dusk on the day of trash pick-up. SECTION 4-420. DEVELOPMENT IN AREAS SUBJECT TO GEOLOGIC HAZARDS A. Purpose. There are certain types of lands in Eagle County that have the potential to pose hazards to human life and safety and to property due to their geologic characteristics. These lands include, but are not limited to, avalanche hazard areas, rockfall hazard areas, landslides, debris fans, talus slopes, areas containing expansive soils and rocks, and areas susceptible to ground subsidence. Development in these hazard areas also has the potential to cause significant impacts on the environment, including loss of soil and vegetation cover,which can cause increased runoff and consequent erosion and sedimentation. (am. 02/06/07) These regulations are intended to ensure that development avoids geologic hazard areas whenever possible. Where it is not possible for development to avoid these areas, mitigation techniques shall be provided to reduce or minimize the potential impacts of these hazards on the occupants of the property and,as applicable, the occupants of adjacent properties. B. Maps Incorporated. There are two (2) sets of maps that depict the potential geologic hazard areas in unincorporated Eagle County. The first such map set is known as "Bedrock Geological, Surficial Deposits and Potential Geologic Hazards Map, Eagle County, Colorado", prepared by Charles S. Robinson and Associates, Inc., Golden, Colorado, 1975. The second such map set is known as "Bedrock Geological, Surficial Deposits and Potential Geologic Hazards Map, Eagle County, Colorado", prepared by Allan E. Miller, Consulting Geologist, Steamboat Springs, Colorado, 1977-78. These two (2) maps sets are hereinafter referred to collectively as "The Eagle County Geologic Hazard Maps" and are hereby incorporated herein by reference. A copy of the map sets are available for review by the public in the Office of the Planning Director during normal business hours. C. Applicability. The provisions of this Section 4-420, Development in Areas Subject to Geologic Hazards,shall apply to the following: (am. 02/06/07) 1. Lands Designated on Geologic Hazard Maps. Applications for Building Permit, Subdivision Exemption, Subdivision, Special Use, or Planned Unit Development LAND USE REGULATIONS 4-48 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS proposed on lands that are designated on the Eagle County Geologic Hazards Maps as avalanche hazard areas, rockfall hazard areas, landslides, debris fans, talus slopes, areas containing expansive soils and rocks, and areas susceptible to ground subsidence. (am. 03/09/23) 2. Exemptions. The following types of development shall be exempt from the provisions of this Section 4-420,Development in Areas.Subject to Geologic Hazards. a. Previously Subdivided Lot. The development of a single-family residence duplex, multi-family structure, commercial, industrial or institutional structure on a lot that received prior subdivision approval by Eagle County and, which bears the Board of County Commissioners Certificate. Also, any development conducted pursuant to a valid, approved special use permit shall be exempt. The development of said uses shall comply with any geologic hazard mitigation requirements applied by Eagle County to the approval of the subdivision,Planned Unit Development or Special Use Permit. (am. 02/06/07) b. Existing Structure. The remodeling, repair, restoration, alteration or expansion of any existing structure. D. Procedure. 1. General. Review of development that is subject to the provisions of this Section 4-420, and shall require referral of the application to the Colorado Geological Survey(CGS). 2. Geologic Hazards Analysis. An applicant for development that is subject to the provisions of this Section 4-420,Development in Areas Subject to Geologic Hazards, shall submit a Geologic Hazards Analysis. The purpose of the Geologic Hazards Analysis is to determine, on a site specific basis, the location and degree of severity of the geologic hazards encumbering the property. The Geologic Hazards Analysis shall be prepared by a professional qualified geologist or registered engineer who has the expertise to map and evaluate geologic hazards and to assess their potential impacts on the development. The map depicting slopes may be prepared by a surveyor registered in Colorado. (am. 02/06/07) a. Building Permit Applications. For development requiring a Building Permit, the application shall include those materials described under Subsection 4-420.D.2.d.(2), Preliminary Plan/Special Use Permits, in addition to the materials required for the Building Permit application pursuant to Chapter III of these Regulations. (orig. 03/09/23) b. Subdivision Exemption. For development requiring a Subdivision Exemption, the application shall include those materials described under Subsection 4-420.D.2.d.(2), Preliminary Plan/Special Use Permits, in addition to the materials required for the Subdivision Exemption application pursuant to Article 5, Section 5-270 Subdivision Exemption. (orig. 03/09/23) LAND USE REGULATIONS 4-49 EAGLE COUNTY COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS c. Minor Subdivision. For development requiring a Minor Subdivision of land, excluding condominium maps, subdivision of townhomes, duplexes or patio homes, and lot line adjustments, the application shall include those materials described under Subsection 4-420.D.2.d.(2), Preliminary Plan/Special Use Permits in addition to the materials required for a Minor Subdivision application pursuant to Article 5, Section 5-290 Minor Subdivision. (orig. 02/06/07) d. Development Involving Subdivision, Special Use Permit, or Planned Unit Development Review. For any development subject to the procedures and standards of this Section that involves Subdivision, Special Use Permit, or Planned Unit Development review, the Geologic Hazards Analysis shall be submitted in two(2) steps, as follows: (am. 03/09/23) (1) Sketch Plan. The Geologic Hazards Analysis submitted with the sketch plan shall provide an initial investigation of the feasibility that the development can comply with this Section. It shall contain the following materials: (a) Map. A map of the property that depicts the general locations of geologic hazards regulated by this Section in relationship to planned development areas. The map shall depict contours at a minimum of ten(10) foot intervals. (am. 02/06/07) (b) Report. A brief report describing, in a general manner, whether the development is able to avoid the geologic hazards or proposes to mitigate the impacts of those hazards on the development. If mitigation is proposed, a general description of the form that mitigation is proposed to take shall also be provided. (2) Preliminary Plan/Special Use Permits. The Geologic Hazards Analysis submitted with the Preliminary Plan or Special Use Permit shall provide a site specific analysis of how the development will comply with this Section. It shall contain the following materials: (am. 02/06/07)(am. 03/09/23) (a) Site Specific Analysis. A site specific analysis of the property that depicts the locations of geologic hazards regulated by this Section in relation to planned development areas. The map shall also provide an accurate survey depiction, at two(2) foot contour intervals, of those portions of the property that contain slopes in excess of thirty(30)percent. (b) Impact Evaluation. An evaluation of the potential impacts of the geologic hazards on the proposed development and potential impacts on any property surrounding the subject property. This LAND USE REGULATIONS 4-50 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS shall include an evaluation of any recent natural or human-made activity associated with the geologic hazards and shall provide an expert opinion as to the degree of severity of the potential geologic hazards. (am. 02/06/07) (c) Building Envelopes. For newly proposed development or redevelopment, building envelopes shall be utilized, where applicable, to ensure that structures will be located in areas free of geologic hazards or that have been properly mitigated as to all identified hazards. Subdivision Plat Notes shall be utilized to identify geological hazards present outside of platted building envelopes, as applicable. (am. 02/06/07) (d) Report. A complete report identifying how the proposed development will comply with the standards of this Section, including proposed hazard mitigation and avoidance measures. 3. Referral to Colorado Geological Survey. During the staff review of the application, the Planning Director shall refer the application and Geologic Hazards Analysis to CGS. Referral of Final Plat applications will be at the discretion of the Planning Director. The Report must be prepared by a registered professional engineer or geologist. a. Review By CGS. CGS shall review the application and Geologic Hazards Analysis and provide comments to the County on potential geologic hazards posed to persons and property. The purpose of this review is to make use of the expertise and judgment of CGS to evaluate the potential impacts of these hazards on development and to determine the appropriate avoidance or mitigation techniques that may best apply to the proposed development. (am. 02/06/07) b. Revision of Analysis May Be Required. If CGS determines there are geologic hazards on the property that are not shown on the Eagle County Geologic Hazard Maps and have not been addressed by the applicant,or that the Geologic Hazards Analysis is otherwise incomplete or inadequate, the County may require the applicant to revise the Geologic Hazards Analysis to properly address said hazards. 4. Recommendation By CGS. Considering the geologic characteristics of the property and potential geologic hazards associated with those characteristics, the CGS shall make recommendations regarding the potential impacts of the hazards and determine appropriate avoidance or mitigation techniques. 5. Consideration. The County shall consider the content of the Geologic Hazards Analysis and the recommendations of the CGS during the development review process. LAND USE REGULATIONS 4-51 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS SECTION 4-425. HILLSIDE DEVELOPMENT(orig.02/06/07) A. Purpose. To protect the property and quality of life of present and future residents by regulating development on steep valley-side slopes. By requiring development that occurs upon steep slopes to adhere to specified review procedures, performance standards and design guidelines intended to implement the following design objectives: 1. To enhance the quality of life of existing and future residents by the preservation and protection of the County's steep valley-side slopes; 2. To contribute to the natural hillside character of the existing neighborhoods and developments in the County by limiting the alteration to topography and natural drainage ways; 3. To preserve and protect the unique landforms and special natural features and aesthetic qualities of the hillside areas; 4. To ensure that new development is sensitive to the existing natural setting and that the protection design minimizes the removal of significant vegetation and natural features to the greatest extent practicable; 5. To integrate natural features into project design; 6. To respect the existing views toward and from steep valley-side slopes and privacy of the adjacent homes; 7. To encourage the use of innovative design techniques and solutions which minimize disturbance and protect sensitive areas; 8. To recognize community concerns related to development and its impact upon visually significant hillsides. B. Methodology. Adoption of regulations requiring that development on such slopes respect existing natural drainage ways, land forms, vegetation, visually sensitive areas, viewsheds and. privacy considerations. C. Applicability. Except as provided in Section 4-425.G. hereof, the provisions of this Section 4-425 shall apply to applications for subdivisions, planned unit developments, special use permits and building permits, whether for single-family residential, duplex residential, multi-family residential, commercial, industrial or institutional structures, and including ancillary stormwater drainage appurtenances, access roads, driveways and parking areas, on land that contains slopes of thirty(30)percent or more. D. Application Requirements 1. Subdivisions, Planned Unit Developments and Special Use Permits. a. Minor Subdivisions. An application for minor subdivisions, excluding condominium maps, subdivision of townhomes, duplexes or patio homes, and lot line adjustments, shall include the materials described under this Section 4-425, in addition to the materials required under Article 5, Section 5-290 Minor Subdivision. LAND USE REGULATIONS 4-52 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS b. Subdivision and Planned Unit Development. An application for subdivision and planned unit development sketch plans and preliminary plans shall include the materials described under this Section 4-425, in addition to the materials required for subdivision application under Article 5, Section 5-280 Subdivision and/or Article 5, Section 5-240 Planned Unit Development District. c. Special Use Permits. An application for a special use permit shall include the materials required under this Section 4-425, in addition to the materials required under Article 5, Section 5-250 Special Uses. d. Required Materials. All subdivision,planned unit development and special use permit applications must include: (1) A slope analysis map shall be prepared by a professional engineer or professional land surveyor registered in the State of Colorado depicting the site contours as follows: (a) Sketch plans shall provide a topographic map that depicts contours at a minimum of ten(10) foot intervals. (b) Preliminary plans and special use permits shall provide a scaled site grading plan that depicts existing and proposed final grades with a maximum of two (2) foot contours. Site plans must illustrate the existing grades and improvements for the entire property in question unless the County Engineer approves a different area of interest. Areas on the map that contain slopes that are greater than 30%, and which will remain undisturbed, may be shown at ten(10) foot contours. (2) A scaled site plan including all existing and proposed improvements and pertinent natural features such as rock outcroppings and significant groupings of existing vegetation, prepared at a scale of 1" = 50 feet or less; and (3) An impact evaluation report, i.e., a narrative evaluation of the potential impacts of development on slopes greater than 30% within the proposed development, as well as potential impacts on adjacent surrounding properties; the report shall include an evaluation of any natural or pre-existing human-made alterations to the natural site grade; conclusions and recommendations for grading procedures; soil design criteria for any structures or embankments required to accomplish the proposed grading; and, where necessary, slope stability studies, and recommendations and conclusions regarding site geology. e. The topographic contour map, grading plan, site plan, elevation drawing and LAND USE REGULATIONS 4-53 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS impact evaluation report evaluated for consistency with the governing zone district standards and in accordance with the following review criteria: (1) All standards of the governing zone district must be met (minimum setbacks, maximum height, lot coverage, driveway and road grades, access points, etc.); (2) Disturbance of the natural terrain should be minimized to the extent practicable: (a) Cuts and Fills should be minimized to the extent practicable and visually compatible stabilization measures should be used for Cut and Fill slopes; (b) Natural land forms should be preserved to the extent practicable and natural features such as slopes and rock formations should be incorporated into the site design to the extent practicable; (c) Existing, natural vegetation should be preserved and incorporated into the project design to the greatest extent practicable; (3) Visual impacts upon off-site areas should be avoided or reasonably mitigated: (a) Structures should be finished in earthtone architectural treatments and colors to make the structure less conspicuous as viewed from off-site. White and other light colors should be avoided. (b) Structures should be sited so that there is a mountain or hillside backdrop. (c) Existing vegetation should be preserved to the extent practicable and supplementary wildfire resistive landscaping introduced, to offset the visual impact of the structural mass on highly visible building sites. (Reference Colorado State Forest Service Publication 6.305,Firewise Plant Materials or,the version of this publication currently in effect.) Minimal water usage is recommended to avoid erosion and similar degradation of the site; where erosion control methods include hillside revegetation, temporary irrigation may be utilized until the vegetation is established. LAND USE REGULATIONS 4-54 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS E. Outside Referral. During the staff review of the application,the Planning Director may refer the application to any applicable referral agency. F. Consideration of Application. The County shall consider the content of the application and the • recommendations of the referral agencies, as applicable, during the development review process to determine whether the proposed development in its proposed location is consistent with the spirit and intent of related standards and is unlikely to have any significant adverse impact to adjacent properties or the public health, safety and welfare. As a result of such consideration,the County may make the following determinations,among others. 1. Based upon site-specific slope characteristics, all newly proposed building sites must be sized appropriately to accommodate primary structures, ancillary structures, ancillary stormwater drainage appurtenances, parking structures, roads, driveways, parking areas and septic systems, well heads and all other necessary utilities for development within all zone districts. Each proposed building site shall be evaluated lot-by-lot based on the materials provided in accordance with the application requirements detailed in this Section 4-425. 2. Building Envelopes. For newly proposed development or redevelopment, building envelope placement must give due consideration to the review criteria of this Section 4-425. G. Building Permits. An application for a building permit for new single-family, duplex, multi-family, commercial, industrial or institutional structures and grading permits on any portion of a lot or parcel of land containing slopes greater than 30%, shall include the following material, provided that applications for permits for development within building envelopes on plats previously approved by the Board of County Commissioners that bear the Board of County Commissioners' Certificate shall be exempt from the requirements of this Section 4-425.G. 1. A scaled site grading plan that depicts existing and proposed final grades with a maximum of two (2) foot contours. Site plans must illustrate the existing grades and improvements for the entire property in question unless the County Engineer approves a different area of interest. Areas on the map that contain slopes that are greater than 30%, and which will remain undisturbed, may be shown at ten (10) foot contours. The slope analysis map shall be prepared by a surveyor registered in Colorado; 2. A scaled site plan including all existing and proposed improvements and pertinent natural features such as rock outcroppings and significant existing vegetation,prepared at a scale of 1"=20 feet or less; 3. A scaled Hillside building elevation drawing, including proposed grades, existing grades and scaled cross section(s) depicting the most prominent view(s) of the proposed building. The elevation and cross section drawings must be prepared at a scale of 1 inch =20 feet or less. • LAND USE REGULATIONS 4-55 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS H. Review Criteria for Building Permit Applications. The materials submitted in support of a building permit application shall be reviewed for consistency with the following criteria: 1. All standards of the governing zone district must be met (minimum setbacks, maximum height, lot coverage,driveway and road grades, access points, etc.); 2. Disturbance of the natural terrain should be minimized to the extent practicable: a. Cuts and Fills should be minimized to the extent practicable and visually compatible stabilization measures should be used for Cut and Fill slopes; b. Natural land forms should be preserved to the extent practicable and natural features such as slopes and rock formations should be incorporated into the site design to the extent practicable; c. Existing, natural vegetation should be preserved and incorporated into the project design to the greatest extent practicable. 3. Visual impacts upon off-site areas should be avoided or reasonably mitigated; a. Structures should be sited so that there is a mountain or hillside backdrop; b. Structures should be finished in earthtone architectural treatments and colors to make the structure less conspicuous as viewed from off-site. White and other light colors should be avoided; c. Existing vegetation should be preserved where practicable to soften the impact of structural mass of buildings located in highly visible areas, and in such areas supplementary wildfire resistive landscaping should also be introduced, as necessary. d. Driveways should not be the predominant feature of the front yard; shared driveways are encouraged, when appropriate. Paved and other structural areas outside the main building mass should be softened by preserving the pre-existing vegetation where practicable; e. Minimal water usage is recommended to avoid further aggravating geologic hazard impacts. Where erosion control methods and visual impact mitigation include hillside revegetation, temporary irrigation may be utilized until the vegetation is established. SECTION 4-430. DEVELOPMENT IN AREAS SUBJECT TO WILDFIRE HAZARDS A. Purpose. There are certain regions of Eagle County that have the potential to pose hazards to human life and safety and to property because they can be threatened by wildfire. These LAND USE REGULATIONS 4-56 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS regulations are intended to provide standards to reduce or minimize the potential impacts of wildfire hazards on properties,the occupants of properties and the occupants of adjacent properties,as well as to facilitate access to manmade structures by firefighters in the event of a wildfire. Development should attempt to avoid high and extreme wildfire hazard areas whenever possible. (am 12/17/02) B. Applicability. The provisions of this Section shall apply to any application for a Special Use Permit, Subdivision or Planned Unit Development(PUD). (am 12/17/02) C. Vegetation Management Plan. All applications identified in Section 4-430.B,Applicability, shall include a Vegetation Management Plan. The Vegetation Management Plan shall be prepared by a natural resource professional with expertise in the field of vegetation management and wildfire mitigation. (orig. 12/17/02) 1. Special Use Applications. For development requiring a Special Use Permit, the application shall include those materials described under Subsection 4-430.C.2.b, Preliminary Plan. (orig. 12/17/02) 2. Development Involving Subdivision or PUD Review. (orig. 12/17/02) a. Sketch Plan. The Vegetation Management Plan submitted with the sketch plan shall provide an initial site-specific evaluation. Following is the minimum information to be included in the plan: (1) A statement of objectives for the Vegetation Management Plan; (2) A site-specific wildfire analysis addressing topographic and vegetation features; (3) A vegetation inventory, analysis and map which identifies and assesses the major timber stands and vegetation according to National Fire Protection Association(NFPA)Bulletin Number 299, Standard for Protection of Life and Property from Wildfire.1997 Edition or,the version of the referenced publication currently in effect. b. Preliminary Plan. The Vegetation Management Plan submitted with the preliminary plan shall provide a detailed site specific analysis which includes the following minimum information; (1) A schedule delineating how the wildfire mitigation actions identified in the plan will be implemented including,but not limited to, overlot vegetation thinning,creation of fuel-breaks and the installation of working fire hydrants, fire cisterns and or/dry hydrants prior to the introduction of combustible construction materials on the site; (2) Communication capabilities during construction with the Local Fire LAND USE REGULATIONS 4-57 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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) a. Locations. Recommendations to locate structures outside of severe hazard areas, LAND USE REGULATIONS 4-58 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS off of steep slopes and outside of draws and canyons. b. Manipulate Vegetation. Recommendations to manipulate the density and form of vegetation, so as to create defensible space buffers around locations where structures are proposed including: Removal of tree limbs hanging near chimneys, establishing fuel-breaks, reduction of on-site vegetative fuel hazards through strategic thinning and clearing to promote overall health of on-site vegetation by reducing the severity of the hazard. The form and the extent of the recommendations to manipulate vegetation shall relate directly to the severity of the hazard that is present. (am 12/17/02) c. Building Design. Recommendations to use fire rated or non-combustible roof materials, to require pitched roofs, and to sheath, enclose or screen projections and openings above and below the roofline, as applicable. Compliance with these recommendations shall occur prior to building permit issuance 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) 1. Water Supply and Access. The following standards for water supply and access shall LAND USE REGULATIONS 4-59 EAGLE COUNTY COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS apply to all applications as identified in Section 4-430.B.,Applicability. a. Water Supply. (1) Fire Hydrants. (a) Fire hydrants shall be provided when a water distribution system will serve the proposed development and shall meet the required fire flow as defined in the fire code in effect at the time of application or as otherwise determined by the Local Fire Authority Having Jurisdiction. (b) The water distribution system shall be capable of delivering the required fire flow for each hydrant connected to the distribution system within the proposed subdivision as delineated in the fire code in effect at the time of application, or as otherwise required by the Local Fire Authority Having Jurisdiction. (c) Fire hydrants shall be located at the intervals defined in the fire code in effect at the time of application, and shall be located so that all structures are within a maximum five hundred(500) feet as defined in the fire code in effect at the time of application or as otherwise determined by the Local Fire Authority Having Jurisdiction. (d) Fire hydrants shall be located in the public right-of-way or at other locations as required and approved by the Local Fire Authority Having Jurisdiction. (e) Fire hydrants shall be accessible to fire fighting apparatus from County maintained roads,privately maintained roads or unobstructed emergency vehicle lanes as determined by the Local Fire Authority Having Jurisdiction. (2) Water tanks,cisterns and/or dry hydrants. Water tanks,cisterns and/or dry hydrants shall be provided in developments that are not served by hydrants unless the Local Fire Authority Having Jurisdiction has approved an alternative fire protection water supply system. (a) Water tanks and cisterns shall meet the requirements of the 1997 Uniform Fire Code as adopted by Eagle County, or as defined in the fire code in effect at the time of application. Depending upon the recommendation of the Local Fire Authority Having Jurisdiction, the Board of County Commissioners may, at their discretion, grant a variance from the required improvement standard. (b) A dedicated turn-around shall be placed no more than fifty (50) feet from a water tank or dry hydrant cistern and the discharge LAND USE REGULATIONS 4-60 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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. LAND USE REGULATIONS 4-61 EAGLE COUNTY COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS B. General Requirements. 1. Only New Technology Devices Permitted. Building or mechanical permits shall only be issued for the installation of wood burning devices that comply with the standards of a new technology device, as defined herein, or unless the installation is otherwise exempt from these Regulations. 2. Existing Wood Burning Devices. Buildings with wood burning devices in existence on the effective date of this regulation shall be permitted to replace existing wood burning devices with new technology devices. 3. Exemptions. Section 4-440.C., Maximum Number of Wood Burning Devices in New Structures, does not apply to parcels thirty five (35) acres or greater in size, zoned Resource, and the sole source of heat is a new technology device. C. Maximum Number of Wood Burning Devices in New Structures. The maximum number of wood burning devices permitted within new structures in unincorporated Eagle County shall be as follows: 1. R, RL, AR, AL, and RR Zone Districts. One (1) new technology device shall be permitted per building within the Resource (R), Resource Limited (RL), Agricultural Residential (ARJ, Agricultural Limited (AL), and Rural Residential (RR) zones, unless exempt under Section 4-440.B.3. Exemptions. 2. RC, RSL, RSM, RMF and FH Zone Districts. Within the Rural Center (RC), Residential Suburban Low Density (RSL), Residential Suburban Medium Density (RSM), Residential Multi-Family (RMF), and Fulford Historical (FH) zone districts, the following limitations shall apply: a. Single-Family and Duplex Units. One (1) new technology device shall be permitted per dwelling unit in single-family and duplex dwellings. b. Multi-Family Units. Wood burning devices shall not be permitted within multi-family dwelling units; however, one (1) new technology device shall be permitted in the common area of a building containing multi-family units. 3. RC, CL, CG, and I Zone Districts. Within the RC(Rural Center),Commercial Limited (CL), Commercial General (CG) and Industrial (I) zone districts, the following limitations shall apply: a. Commercial and Industrial Uses. One (1) new technology device shall be permitted per each building that contains commercial and industrial use(s); or b. Hotel or Motel Use. One (1) conventional open-hearth fireplace shall be permitted in the common area of a building that contains a motel or hotel use. LAND USE REGULATIONS 4-62 EAGLE COUNTY COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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: a. Single-Family and Duplex Units. One (1) new technology device shall be permitted per dwelling unit in single-family and duplex dwellings. b. Multi-Family Units. Wood burning devices shall not be permitted within multi-family dwelling units; however, one (1) new technology device shall be permitted in the common area of a building containing multi-family units. c. Commercial and Industrial Uses. One (1) new technology device shall be permitted per each building that contains commercial and industrial use(s); or d. Hotel or Motel Use. One (1) conventional open-hearth fireplace shall be permitted in the common area of a building that contains a motel or hotel use. Said fireplace shall be constructed with glass doors and shall have the ability to regulate the amount of outside return air entering the fire chamber. SECTION 4-450. RIDGELINE PROTECTION A. Purpose. The purpose of the Ridgeline Protection Section is to preserve and maintain the County's scenic aesthetic resources as viewed from certain roadway corridors that are important to the character and economy of Eagle County. This is accomplished by the establishment of ridgeline areas within which the location and design of new development or redevelopment is reviewed to maintain and preserve the natural appearance of the mountain skyline by avoiding penetration or interruption of the natural skyline. (See definition of `Ridgeline' in Article 2: Definitions). (am.07/17/06) B. Areas Subject to Analysis. All undeveloped lands located near or on a ridgeline or intermediate ridge which are visible from the following transportation routes(am.07/17/06): BRUSH CREEK ROAD GYPSUM CREEK ROAD US HIGHWAY 82 Corridor COLORADO RIVER US HIGHWAY 24 LAKE CREEK ROAD ROAD Corridor EL JEBEL ROAD SQUAW CREEK ROAD US HIGHWAY 131 Corridor FRYING PAN ROAD WEST LAKE CREEK I-70 Corridor ROAD C. Applicability. The provisions of this Section 4-450, Ridgeline Protection, shall apply to LAND USE REGULATIONS 4-63 EAGLE COUNTY COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS applications for Building Permits, Subdivision, Special Use, or PUD. (am.07/17/06) D. Exemptions. These standards shall not apply to: (orig.07/17/06) 1. Activity or development that has been previously approved through the Building Permit or Special Use Permit process prior to the date of adoption of these regulations; 2. All lots within platted subdivisions, approved by the Board of County Commissioners, which prior to the effective date of these Ridgeline regulations have designated building envelopes, assigned building areas or otherwise include previously approved ridgeline protection and/or mitigation standards. 3. Development which has received approval from the Board of County Commissioners through the PUD process specifically granted a variation from this section; or properties which have received a Variance from the Zoning Board of Adjustment granting a Variance from this section; 4. Telecommunication Facilities which have received Special Use Permits incorporating visual mitigation measures; 5. Public Utility Facilities which have demonstrated that no other feasible and prudent alternative sites exist; 6. Fences constructed primarily of wire; E. Standards. All non-exempt development located in identified areas shall comply with the following standards: (orig.07/17/06) 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, LAND USE REGULATIONS 4-64 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS Ridgeline Protection, shall submit a visual analysis. The purpose of the visual analysis is to illustrate the anticipated visual effects of the proposed development and to describe how the potential visual impacts will be mitigated. a. Building Permit. For new development on ridgeline,or potential ridgeline areas which requires a building permit, the application shall include those materials described under Subsection 4-450.F.(2), Preliminary Plan in addition to the required materials necessary for the building permit application, and Pursuant to Section 4-450.G.1 FONSI Determination. (am.07/17/06) b. Special Use Application. For development requiring a special use permit, the application shall include those materials described under Subsection 4-450.D.lb.d.(2), Preliminary Plan in addition to the required materials necessary for the special use permit application. (am.07/17/06) c. Minor Subdivision. For development requiring a Minor Subdivision, pursuant to Section 5-290 Minor Subdivision with the exception of a minor subdivision for the purpose of subdividing condominiums, townhomes, patio homes or duplex structures, the application shall include those materials described under Subsection 4-450.D.I.d.(2), Preliminary Plan (unless otherwise exempted per Section 4-450.D) in addition to the required materials necessary for the minor subdivision application. (am.07/17/06) d. Development Involving Subdivision or PUD Review. For any development subject to the procedures of this Section that involves Subdivision or PUD review, the Visual Analysis shall be submitted in the following stages: (am.07/17/06) (1) Sketch Plan. Within the sketch plan application, the applicant shall submit an initial investigation of potential visual impacts and mitigation techniques. It shall contain the following materials: (a) Map. A map of the property that depicts the general locations of ridgeline areas protected by this Section in relationship to planned development areas. (b) Preliminary Visual Analysis. The Visual Analysis should provide sufficient information to clearly identify visually sensitive areas where development may require mitigation to prevent impacts upon the skyline. (am.07/17/06) (c) Written Statement. A brief written statement describing, in a general manner,where the development is proposed to be located in relation to the ridgeline areas and the design elements that will LAND USE REGULATIONS 4-65 EAGLE COUNTY COLORADO Article 4 Exhibit A ECLUR Article 4 Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS be used to mitigate visual impacts. (am.07/1 7/06) (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.07/1 7/06) (i) Structural Finish Materials and Colors. Statements or samples describing the materials and colors proposed to be used in all structures; (orig.07/1 7/06) (ii) Height limitations which may be more restrictive than the current definition for calculating building height (as found within Article 2: Definitions) or as the governing zone district allows; (orig.07/1 7/06) (iii) Proposed Building envelopes; (orig.07/17/06) (iv) Natural and introduced landscaping for the purpose of screening and preserving public view sheds. (orig.07/17/06) (v) Other mitigation controls to prevent impacts to the skyline. (orig.07/17/06) (c) Map. A map locating proposed roads and utilities and identifying the area proposed for development. (d) Plans.Grading, landscaping and illumination plans. LAND USE REGULATIONS 4-66 EAGLE COUNTY COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS (e) Written Statement. A written statement shall be submitted depicting how the development mitigates visual impacts on affected ridgelines. (3) Final Plat. Within the final plat application, the applicant shall submit those materials necessary to provide the County with assurances that the development will meet all of its commitments for ridgeline development agreed to during preliminary plan review. Such assurances may include, but not be limited to covenants, deed restrictions and financial guarantees, or any other forms of mitigation as approved by the Board of County Commissioners. For developments that do not require a final plat, this information shall be provided with the preliminary plan. (am.07/17/06) 2. Review by County. The County shall review the application and visual analysis to determine whether there is potential visual impact to the ridgelines from transportation routes as identified in Section 4-450.B Areas Subject to Analysis. It is the intent that development subject to this Section 4-450, Ridgeline Protection, be located in such a manner that it does not appear to penetrate above the crest of a ridge whereby the proposed development has no backdrop and penetrates the skyline. (am.07/17/06) G. Approval Process for New Development Not Exempted In Section 4-450.D. Exemptions. Any proposed development which is not exempted pursuant to Section 4-450.D.Exemptions for parcels of land on ridgeline, or potential ridgeline areas must receive a Finding of No Significant Impact (FONSI) from the Director of Community Development. The FONSI determination process shall occur concurrently with review of a Building Permit, unless the proposed new development is approved by the Board of County Commissioners through the Subdivision,PUD or Special Use Permit process, in such instances,a FONSI is not necessary. (orig.07/17/06) 1. FONSI Determination. Prior to administering a FONSI determination, the Planning Director must find that all of the following criterion has been satisfied: a. The newly proposed development has been located to avoid ridgeline areas to the greatest extent practicable; b. The newly proposed development cannot be readily seen from the roadways delineated in section 4-450.B of these regulations; c. The proposed structural addition/expansion will not change the visual aspect of the existing structure or further breach the skyline; d. That there are other circumstances including but not limited to: topography, access, geologic aspects, location and lot shape; and that no other alternative building site exists other than what is proposed; LAND USE REGULATIONS 4-67 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS e. The applicant has demonstrated, to the satisfaction of the Planning Director that Section 4-450.E. Standards has been incorporated into the proposed development. Based upon review of the Building Permit application materials and additional evidence as supplied by the applicant, the Director of Community Development may find that a Finding of No Significant Impact(FONSI)is appropriate. 2. Finding of No Significant Impact (FONSI). The Director of Community Development may determine that a Finding of No Significant Impact (FONSI) should be issued if the proposed building permit in its proposed location is consistent with the spirit and intent of related standards and is unlikely to have any significant adverse impact to adjacent properties or the public health, safety and welfare. In the instance that a FONSI is made, and upon expiration of the reconsideration period described below, the building permit application will be issued pending compliance with all other applicable elements of these Land Use Regulations, as well as,the Eagle County Building Resolution. a. Notice of Director's Determination of a FONSI. (1) Upon the Director's Determination of a FONSI,the Director shall notify the applicant by mail, and shall notify the Board, the County Administrator and the County Attorney of the Determination by e-mail or memorandum. (2) The Notice of Director's Determination of the FONSI shall be published once in the County legal newspaper not more than fourteen (14) days following the Determination. The notice shall describe the Project and the procedure for requesting reconsideration as set forth below. b. Reconsideration of Director's Determination of a FONSI. (1) Call-up by the Board. Within fourteen(14)days after publication of the Director's Determination of a FONSI, the Board may decide to reconsider the Determination. Such reconsideration shall be made at the next regularly scheduled meeting of the Board for which proper notice can be accomplished. (2) Request for Reconsideration by Affected Party. Any affected party seeking a reconsideration of the Director's Determination of a FONSI shall file a written request with the Board within fourteen (14) days of the date of publication in the newspaper of the Notice of the Director's Determination of the FONSI. The Board shall reconsider the Director's Determination of the FONSI at the next regularly scheduled meeting for which proper notice can be accomplished. The affected party may request a reasonable extension if necessary. LAND USE REGULATIONS 4-68 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 3. Approval Required. If the Director determines that a Finding of No Significant Impact (FONSI) is not appropriate, the application will be forwarded to the Board of County Commissioners for consideration. At a public hearing, the Board of County Commissioners shall consider the application, the relevant support materials, and any public testimony. After the close of the public hearing, the Board may uphold the Director's determination, overturn the Director's determination or overturn the Director's determination with conditions. SECTION 4-460. ENVIRONMENTAL IMPACT REPORT A. Purpose. The purpose of an Environmental Impact Report is to provide complete information on the environmental effects of proposed development to the County Commissioners, the Planning Commission and the general public. In addition, the purpose is to ensure that long term protection of the environment is a criterion to be considered in planning, and that development decisions, both public and private, take into account the relative merits of possible alternative actions. This is accomplished by, providing procedures for review and evaluation of the environmental effects of proposed projects prior to granting of permits or other authorizations for commencement of development. B. Applicability. Unless exempted by Subsection 4-460 D. Exemptions, an Environmental Impact Report is required for applications of subdivision, special use, or PUD that may significantly affect the environment, either during construction or an a continuing basis. C. Application and Review. The Environmental Impact Report shall accompany the initial application submittal for the development proposal. Any subsequent submittal shall include the Environmental Impact report and reflect any revisions or additional information requested by the Planning Director,the Planning Commission or Board of County Commissioners. D. Exemptions. An Environmental Impact Report shall not be required when a phase of a development for which an Environmental Impact Report was previously submitted and reviewed covering all phases of the entire development, provided that the development was approved originally and not subsequently altered in any material respect. E. Report Contents. 1. Environmental Impact Report. The Environmental Impact Report shall contain information and analysis, in sufficient detail and adequately supported by technical studies, to enable the Planning Commission and the County Commissioners to judge the environmental impact of the proposal and to judge measures proposed to reduce or negate any harmful or undesirable environmental impacts. The Planning Director, Planning Commission and or County Commissioners may require submission of information in addition to that listed in this section. The Environmental Impact Report shall include all necessary information to adequately address the specific Environmental Conditions (Section 4-460 E.2.)affected. LAND USE REGULATIONS 4-69 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 2. Environmental Conditions. The following is a list of Environmental Conditions to be considered. a. By significantly altering an ecological unit or land form, such as a ridgeline, saddle, draw, ravine, hillside, cliff, slope, creek, marsh, watercourse, or other natural land form feature. b. By directly or indirectly affecting a wildlife habitat,feeding,or nesting ground. c. By significantly altering or removing native grasses, trees, shrubs, or other vegetative cover. d. By significantly affecting the appearance or character of a significant scenic area or resource, or involving buildings or other structures that are of a size, bulk,or scale that would be in marked contrast to natural or existing cultural features. e. By potentially resulting in avalanche, landslide, siltation, settlement, flood, or other significant land form change or hazard to health and safety. f. By discharging toxic or thermally abnormal substances, or involving use of herbicides or pesticides, or emitting significant smoke, gas, steam, dust, or other particulate matter. g. By involving any process which results in significant odor that may be objectionable or damaging. h. By requiring any waste treatment, cooling, or settlement pond, or requiring transportation of solid or liquid wastes to a treatment or disposal site. i. By discharging significant volumes of solid or liquid wastes. j. By increasing the demand on existing or planned sewage disposal, storm drainage, or other utility systems to a level which is likely to cause an adverse impact on the environment. k. By involving any process which generates significant noise that may be offensive or damaging. 1. By either displacing significant numbers of people or resulting in a significant increase in population. m. By preempting a site which is desirable for recreational uses or planned open space. n. By significantly altering local traffic patterns or causing an increase in traffic LAND USE REGULATIONS 4-70 EAGLE COUNTY.COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS volume or transit service need. o. By being a part of a larger project which,at any future stage,may involve any of the impacts listed above. 3. Preparation. The Environmental Impact Report shall be prepared by qualified professionals. 4. Inclusions. The Environmental Impact Report shall include: a. Overview of Development Proposal. A general statement identifying and describing the proposed development in terms such as site area, numbers of residential units, proposed height and bulk of buildings, building floor area in square feet, and such other data as will contribute to a clear understanding of the scale of the development. Project boundaries, and boundaries of the area within which environmental impact is likely to be significant shall be shown on a site map. b. Other Reviewers. A list of other regulatory review agencies and the specific environmental protection regulations to which the proposed development will be subject(e.g. air,water, solid waste, etc.). c. Summary. A summary of the Inventory and Analysis sections of the Environmental Impact Report and supporting technical studies shall be provided and prepared using terms that can be assessed and evaluated by county officials and the general public. d. Inventory and Analysis. The Inventory and Analysis shall address and incorporate the applicable Environmental Conditions pursuant to Section 4-460 E.2.,Environmental Conditions, as follows: (1) Text, maps, photographs, and other appropriate illustrative material may be used as part of the Inventory and Analysis section of the Environmental Impact Report. (2) The Environmental Impact Report shall include an inventory of existing environmental characteristics of the site that exist prior to the proposed development. (3) The Environmental Impact Report shall include a comprehensive qualitative and quantitative analysis of any environmental impacts of the proposed development. The analysis portion of the Environmental Impact Report shall assess the following items in reasonable detail: (a) Adverse effects, which cannot be avoided if the proposal is LAND USE REGULATIONS 4-71 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS 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. (f) How, if applicable,the proposal is part of a large project which at any future stage may increase impacts. e. Environmental Topics to Address. Each Environmental Impact Report shall include inventory information and analysis of impacts on the following natural systems: (1) Hydrologic - existing surface drainage and watershed characteristics, groundwater and soil permeability characteristics, natural or man-made water features and characteristics(such as streams,wetlands,ponds, etc.) and any potential changes or impacts caused by the development proposal. (2) Atmospheric - airshed characteristics, potential emissions, and any potential changes or impacts caused by the development proposal. (3) Geologic - all land forms (ridgelines, ravines, etc.), slopes, soil characteristics, potential hazards areas, and any potential changes or impacts caused by the development proposal such as landslide, flood, settlement, siltation,avalanche or other. (4) Biotic - vegetation and wildlife habitats feeding, breeding, nesting or critical habitats including but not limited to upland,riparian and wetland, and any potential changes or impacts including but not limited to intrusion, obstruction,removal or alteration of vegetation. (5) Wastes, Noise and Odors - levels and characteristics of any toxic, noxious or abnormal substances, smoke,odors, gas,wastes, steam,dust or other particulate matter. (6) Visual - views and scenic values, and any potential changes, impacts, or marked contrasts that would affect the scenic area or resource. (7) Circulation and Transportation - volumes and traffic flow patterns, transit service needs, alternative transit systems and potential changes or impacts. LAND USE REGULATIONS 4-72 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4 Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS f. Related Studies and Requirements. If the land development proposal is subject to other standards in these Land Use Regulations that are of a related environmental nature,reports used to meet those standards may be used to satisfy certain requirements for information and analysis in the Environ-mental Impact Report, so long as the preparer clearly identifies how and where a reviewer will find that information within the submittal package. LAND USE REGULATIONS 4-73 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-5 COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS DIVISION 4-5. COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS SECTION 4-500. PURPOSE The purpose of this Division is to provide appropriate standards for the operation of commercial and industrial uses in Eagle County. These standards are intended to protect people and property from the health and safety hazards associated with excessive noise, vibration, smoke, heat, glare, radiation, fumes and water pollutants and from the improper storage of hazardous and non-hazardous materials. SECTION 4-510. APPLICABILITY This Division shall apply to all commercial and industrial uses located within unincorporated Eagle County. SECTION 4-520. NOISE AND VIBRATION STANDARDS A. Maximum Permissible Noise Levels. Every use shall be operated such that the noise level produced does not inherently and recurrently exceed sixty(60)decibels, during the hours of 7:00 A.M. to 7:00 P.M., or fifty-five (55) decibels from 7:00 P.M. to 7:00 A.M. During the hours of 7:00 A.M. to 7:00 P.M., the noise levels permitted may increase a maximum of five (5)decibels for a period not to exceed fifteen(15)minutes in any one(1)hour. 1. Measured Along Property Boundary. Noise levels shall be measured at any point along any boundary line of the property on which the use is located. 2. Measurement When There Are Multiple Uses on a Single Parcel. Where more than one (1) use is located on a property,then the noise levels shall also be measured along any wall of any other building on the property. B. Vibration Generated. Every use shall be so operated that it does not inherently and recurrently generate a ground vibration that is perceptible, without instruments, at any point along any boundary line of the property on which the use is located. Where more than one(1)use is located on a property, then this standard shall also be measured along any wall of any other building on the property. SECTION 4-530. SMOKE AND PARTICULATE STANDARDS A. Smoke Emission. Every use shall be so operated that it does not emit smoke exceeding a density (opacity)of twenty(20)percent. B. Emission of Particulate Matter. Every use shall be so operated that it does not emit particulate matter exceeding two-tenths (0.2) grains per cubic foot of the flue gas at a stack temperature of five hundred(500) degrees Fahrenheit. LAND USE REGULATIONS 4-74 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-5 COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS C. Projection of Dust or Fumes. Every use shall be operated so that dust or fumes shall not project beyond the boundary line of the property on which the use is located. Where more than one(1) use is located on a property, then each use shall be operated so that dust or fumes do not project onto any wall of any other building on the property. SECTION 4-540. HEAT,GLARE,RADIATION AND ELECTRICAL INTERFERENCE Every use shall be operated so it does not emit a dangerous or discomforting degree of heat,glare, radiation or electrical interference and does not interfere with the normal operation of other equipment or instruments, including normal radio or television reception beyond any boundary line of the property on which the use is located. Sources of emissions shall be shielded, operated indoors or pointed away from neighboring properties. Where more than one (1) use is located on a property, then these standards shall also apply along any wall of any other building on the property. SECTION 4-550. STORAGE OF HAZARDOUS AND NON-HAZARDOUS MATERIALS A. Storage of Hazardous Materials. 1. Flammable or Explosive Materials. Flammable or explosive liquids, solids, or gases shall be stored so as to comply with all applicable local, state and federal regulations, with particular attention to any standards adopted by the applicable fire district. Hazardous materials stored on-site shall be reported to the County's Emergency Planning Committee, in compliance with the Superfund Amendments Reauthorization Act, Title III, as amended. 2. Outdoor Storage in Closed Containers. All materials or wastes which might cause fumes or dust or that constitute a fire hazard or that may be edible by or otherwise be attractive to vectors may be stored outdoors only when stored in closed containers. 3. Safety. More restrictive standards for the storage of hazardous materials may be applied when required for the safety of occupants of other land uses in proximity to the storage area or to address other pertinent neighborhood conditions. B. Enclosure. All outdoor storage for commercial and industrial uses shall be enclosed by a sight obscuring fence, wall or landscaped berm, concealing it from view from adjacent properties and, if possible, from any public right-of-way. The fence or wall shall not exceed eight (8) feet in height, and shall be built according to plans submitted to and approved by the Planning Director, to ensure its design and materials do not detract from adjacent uses. C. Prevent Transfer By Natural Causes. No materials or wastes shall be stockpiled, deposited or otherwise placed upon a property in such form or manner that they may be transferred off the property by natural causes or forces. LAND USE REGULATIONS 4-75 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-5 COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS SECTION 4-560. WATER QUALITY STANDARDS No water pollutant shall be discharged by manufacturing or other processing, unless otherwise permitted by the Colorado Water Quality Control Division. In a case in which potential hazards exist, it shall be necessary to install safeguards and mitigation acceptable to the County Environmental Health Manager and in compliance with the laws of the State of Colorado and the Environmental Protection Agency before operation of the facility may begin. All required site tests, including but not limited to percolation tests, groundwater resource tests and drainage and discharge analysis, as may be required, shall be accomplished before operation of the facilities may begin. • LAND USE REGULATIONS 4-76 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS • DIVISION 4-6. IMPROVEMENTS STANDARDS SECTION 4-600. PURPOSE This Division sets forth the minimum design criteria and standards for infrastructure development in unincorporated Eagle County. The criteria and standards are intended to protect and promote the public health, safety and welfare of the residents and visitors of Eagle County. SECTION 4-610. APPLICABILITY A. General Improvements and their appurtenances within unincorporated Eagle County shall be planned and designed in compliance with this Division. These standards shall apply to all development that occurs within unincorporated Eagle County. 1. Minimum Requirements. The designer should be aware that whenever unusual or complex circumstances are anticipated in conjunction with a proposed development, additional information or analysis beyond the minimums set forth herein may be required by the County Engineer. 2. 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 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 LAND USE REGULATIONS 4-77 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS blend with and fit the mountainous terrain and environment of Eagle County and, outside of the primary arterial corridors in the County,to protect the country road ambience enjoyed and desired by residents and visitors alike, and to allow for maximum creativity of the designer in achieving these goals. These standards provide the designer the means of designing and constructing or reconstructing improvements and other infrastructure that offers maximum convenience to the user at minimum cost, both initially at the time of construction and in the future during maintenance, while also providing for basic safety and functional needs to ensure adequate access to all properties for fire, police and other vital services, on a system of roads that is experiencing increasing use. 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 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. LAND USE REGULATIONS 4-78 EAGLE COUNTY COLORADO Article 4 7 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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 complement 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. 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. LAND.USE REGULATIONS 4-79 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 7. Local Roads. All other roads in unincorporated Eagle County are classified as local roads. 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 been clustered in the Resource Limited (RL), Agricultural Residential (AR), LAND USE REGULATIONS 4-80 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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 LAND USE REGULATIONS 4-81 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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 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 LAND USE REGULATIONS 4-82 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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. 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. LAND USE REGULATIONS 4-83 EAGLE COUNTY.COLORADO Article 4 Exhibit A ECLUR Article 4 Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS e. Turnarounds at Road End. All rural cul-de-sac roads shall terminate in a circular, "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 (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 of A 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 LAND USE REGULATIONS 4-84 EAGLE COUNTY COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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 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 LAND USE REGULATIONS 4-85 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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. 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 LAND USE REGULATIONS 4-86 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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 of A POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS. Chapter III. Table III-2,published by AASHTO. d. Sight Distance For Passing. Sight distance adequate for passing should be encountered frequently, at regular intervals. On roadways with high volumes, 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. 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 keep within his own lane. It is difficult to superelevate both curves adequately, and hazardous and erratic LAND USE REGULATIONS 4-87 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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. 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 LAND USE REGULATIONS 4-88 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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's A_ 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 4-89 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS Table 4-620 J.l.e.,Lane Widening on Curves (Reserved) (-- INSIDE LANE WIDENING, IN FEET, FOR TWO-LANE ROADWAYS WITH A TANGENT WIDTH OF: Degree 24 Feet 22 Feet 20 Feet Degree 18 Feet 16 Feet of Design Speed, mph Design Speed, mph Design Speed, mph of Des. Spd.Des. Spd. Curve 35 40 50 60 20 25 30 35 40 50 60 20 25 30 35 40 50 Curve 20 25 20 25 I 1 0.0 0.0-0.0 0.0 0.5 0.5 0.5 0.5 0.5 0.5 1.0 1.5 1.5 1.5 1.5 1.5. 1.5 ~ 1 1.5 1.5 3.5 3.5 2 0.0 0.0 0.0 0.5 0.5 0.5 0.5 1.0 1.0 1.0 1.5_1.5 1.55 1.55 2.0 2.0 2.0 2 1.5 1.5 3.5 3.5 3 0.0 0.0-0.5 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 3 1.5 1.5 3.5 3.5 4 0.50.51.01.01.01.01.01.51.51.52.0 ,2.02.02.02.52.52.5- 4 1.52.03.54.0 5 0.5 0.5 1.0 1.0 1.0 1.0 1.5 1.5 1.5 2.0 2.0 2.0 2.0 2.5 2.5 2.5 3.0 5 1.5 2.0 3.5 4.0 6 0.5 1.0 1.0 1.0 1.5 1.5 1.5 2.0 2.0 2.0 2.5 2.5 2.5 3.0 3.0 6 1 2.0 2.0 4.0 4.0 + 7 1.01.0 1.51.51.52.02.02.5 2.52.52.53.03.03.5 7 2.02.04.04.0 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 1.01.5 1.52.0J2.02.02.5 2.53.0+3.03.03.5 9 2.02.04.04.0 10 1.5 1.5 1.5 2.0 2.0 2.5 2.5 2.5 '3.0 3.0 3.5 3.5 10 2.0 2.5 4.0 4.5 11 1.5 1.5 2.0 2.0 2.0 2.5 2.5 3.0 3.0 3.0 3.5 3.5 11 2.0 2.5 4.0 4.5 12 1.5 2.0 2.0 2.5 2.5 3.0 3.0 3.0 3.5 3.5 4.0 12 2.0 2.5 4.0 4.5 13 2.0 2.0 2.5 2.5 3.0 3.0 3.0 3.5 3.5 4.0 4.0 13 2.5 2.5 4.5 4.5 14 2.0 2.02.52.53.03.0 3.03.53.54.04.0_ _ 14 2.52.54.54.5 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 3.0 3.5 4.0 4.0 4.5 4.5 +24-29 3.0 3.5 5.0 5.5 24-27 3.5 4.0 4.5 5.0 30-39 3.5 3.5 5.5 5.5 28-32 4.0 4.5 5.0 5.5 40-50 4.0 6.0 33-36 4.5 5.5_ 37-41 5.0 6.0 42-46 5.5 v 6.5 _ 47-50 6.0 7.0 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 1 ....) (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 LAND USE REGULATIONS 4-90 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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 Model Regulations 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/O6) LAND USE REGULATIONS 4-91 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT 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 LAND USE REGULATIONS 4-92 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS six (6) percent is more appropriate for suburban and urban areas, where the frequency of stopping and starting is increased. (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 4-93 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT 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 of the 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 of AASHTO's A 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. Note: The superelevation runoff is located about the horizontal P.C. or P.T. of the LAND USE REGULATIONS 4-94 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS curve at a two-thirds/one-third(2/3:1/3)ratio, with approximately two-thirds(2/3) of the total length 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.S., 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. (4) Curb Returns. Vertical controls within the curb return itself, as LAND USE REGULATIONS 4-95 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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. LAND USE REGULATIONS 4-96 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT 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 anc N/A 80' 80' 100' 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 LAND USE REGULATIONS 4-97 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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. 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. Reserved for CDOT Table: Stopping Sight Distance on Horizontal Curves • LAND USE REGULATIONS 4-98 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4 Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS a _.,,r_{ _ N---rr_rr-ri______- rr _-u---rr- w p^ . -..--r--..a.-_r---.r.. .-.rrr■,--r --_- N -� --f.-..z..r.M.-I--_�I ---rrw .._ = r_r r r_-r :2N1l,>4SLNQ NIMUZCilsiMIUMI :_:r_ r-r--r- --rrrr-------r-r-w.__ r r__..r_--r .m. ssnssaasia ssy�sai=sas,ii�ssI Sy :: -Moa:xa :sss= rr-r-rw ri .--- !UI e • =a• _.....� -- err r—_a�- --r._ ►• MWM,W=r.-_ .>�_�� al i_--Mils.. =iiW_r mow.-._i�.._.--�'.__ Mk% ---• - _iio. L Z--rr ��^.i_b--- .rar - =2)24.1Qi=SNOS�l1167MeZEC IMSWMOii* __- N Q -- -bra--•.._---�- _ ZW .__M..---..-..r_----�'- -...r. -r pi.mk ma at - r..•-.-.NIr.. . _-.,_--•..a `••- la ig __MMMMM________" . 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E - E1[MERNAL DIS1ANCE FROM Pi.TO SlIPtE CURVE - tdTERSEC1bN MOLE(1OTM CENTRAL ANGLE) L L . Tco.. O- DECREE or CURVATURE L - LENc1H OF CLONE(P.C.70 P.7.) LC- rR•SINi LC- LONG CNORD tDt51ANCE worm P.C.t P.T.) N- WOW 090111ATE 1 - TANGENT DS1 NCE (P.t TO P.C.CO P.T.) M - R(i-cOSik) E - R•EVSEC a CO'�ee-R EAGLE COUNTY FIGURE ENGINEERING DEPARTMENT SIMPLE CURVE 4-620 #2 DRAWN REMISED SHEET 1 OF 1� LAND USE REGULATIONS 4-100 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS • a .• me Porn a sP�e s �� �..4070000, .s. ` ,. + ' .C. P.7 s.1. •s �L' \ / a SOON. / \, / b \ I / / I / / \ / �\A' dk-I \ / yK11tro : \ / roRlrrus me" awr1 1,5. - 1reCtea 10 smut \t / s S.C. - SPew 10 LURE( t1 • I_6•j evolve.some Gt - GJrrC 10l \ / a +�s L.1. - STyNI 0 tAMC[MM \ I pc t t Ke re - COOKONATES OF SC.FROM NC 1S erOKJS � 1t . ( c.col M9,r I-r - 000e00P1[S Or MN OWN rOKO OM 91M1 FM/VI 1.1.COI t1. to . (11C•►r$I4 Uwe •r Pc - Kt0AJ5 or pispevR CUrK Nam M sProxt0 CPC) • A-20s fe - MUM 0157M1Ct TOOK ►•I 1q CmCyrl ote 1 �pp.� • - °MSC1 MUM Or C CUUR CU 0000uCt0 Le . Ise - atonal Apal or Cp10no /PC aS - Melba attar a< Veil (svrrt MBtt( p, ✓ - 00 0OPiat or omit ►.c.Oe P.T. Oe - OCOM[L Or WW1 ARC 11 - toe 1NrgtMT (Musa Or Steal OMl1) roe Os'MUM O' I S Tne 04 II MIX S i iS sr - WU,waste to ct Or Wool OK'd 1e•1 ■ Leis /3Os se. Y . 4•0 s It.I • is-,1,1 sr.I • or • elms r - vim p • lt'9161/1210s K .. Wes M . 1/71,-•is EACLE COuNTY EEE P RVENt SPIRALED CURVE FIGURE 4-620 /3 ORMrK I RLV6[0 swttl I or 1 .) LAND USE REGULATIONS 4-101 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS P.I A P.C. S.0 S P.T. * SIPLE CURVE T S. P `\\ SPIRAL CIRCULAR CURVE SPIRAL �//P.T. S.T. ��y[aEO P.C. \\ R . RC // (SHiT) Ti tr • M (Sian) \\ D • Dc // \\ // \• / `\ /// \\ // \\P cc Q•// \\\ & /� \\ \ A //// \\\ A /I \\ // \\ // \\ // \\ // RADIUS POINT . \ (SIMPLE CURVE) RADUS POINT PE (SPIRALED CURVE) • RELATIONSI P — SMPLE VS SPIRALED CURVE R — RADIUS OF SIMPLE CURVE T.S. — TANGENT TO SPIRAL Re - RADIUS OF CIRCULAR CURVE (WTrHIN THE SPIRALED CURVE) S.C. - SPIRAL TO CURVE D - DEGREE Or CURVATURE C.S. - CURVE TO SPIRAL Dc - DEGREE or CIRCULAR ARC A - INTERSECTION NAL ANGLE (TO CENTRAL ANGLE) S.F. - SPIRAL TO'TANGENT & - NTERSCCTION ANGLE Or CIRCULAR ARC P.I. - POINT OF INTERSECTION Ed — CIRCULAR CURVE DIST. MINUS SIMPLE CURVE DIST. (E-Cc) P.C. - PONT 0r CURVATURE p - OFFSET DISTANCE Or CIRCULAR CURVE PRODUCED P.T. - POINT Or TANGENCY If - COORDINATE OF OFFSET P.C. OR P.T. EAGLE COUNTY RELATIONSHIP FIGURE ENGINEERING DEPARTMENT SIMPLE vs SPIRAL CURVE 4620 #4 DRAWN REVISED SHEET 1 OF i j LAND USE REGULATIONS 4-102 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4 Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS , II•s.sisngrn 13EERxsxxS. i 011s14W44$14 ••S4isanAAgS NOTE: 4 31•-11111111111 s 1 SPIRALS SELDOM uSfa ABOVE WAN,LRNE. USE FOR�LLECJER AND RURAL O ■1 MO RIDUSTPoN.StREEIs ME NOT SUPERELEVATED lE4Y'YQa 411$44$ ON CURVES _ NC-NOMW.atom(ss? � RC-REVERSED C (2%) 14.." xiRYE'L'Qs EssE2S R - L CURVE 11''dZd Y -MIMEO DESIGN SPEED Lrd-DESIRABLE UBIOM OF SUPFREIEVATIOM RUNOFF, 4• s g"22 R-AL- yDRRi E-LANE Lim-WORM!ENGIN OF SUPERELWADON RUNOFF, > g 0E 001QR USED I e E36CIS1 S�U Of mstEi14444 1s$s$S14 coon BE COUNTY EN OF THE GIN�VISMUIR=FOREV/EW ANDAPPROVAL Pt EOP mom WILT 6 ME BASED ON A CFNIERLRE 10 �I EDGE RATIO OF 10MPN-1:133.23MPN 1:141,3, o o e•* S 3 R R 3 3 a a E a 30MPH BOMPM-f2000V1 D SOMPH PH- 14.2 Alm ARE 1175. BASED €__-_ _ -P. ON A PAVEMENT LANE'RIOLN OF 11 FEET. a -MAMMA MIS OF 3UPERELEVATION as O �' 3 S r R: FEET PER FLOO OF RI E A FUR 1NE GIVFH OEGIEE OF WRVS AND OERION , O o c o wwww 044441444444Q111 • C 111••••222X2SSIIRiRRCssa3SRRasa E JJAJJ $ • R3,”.-11111s11(a11111$a1111.« nImvaimM 444411144$311$4111 • AEI BR35ARBSRaCRRRRRCi3Risss:32232 131 RS$isis3RRRsasssss5Yss:sassassai > - ._ - C oasssl;llvavO E's4444444444ai44444441414114 • 4 L sixA4sS:isQSSOSaRsiRRRRxEiRR:LtIIiSis2CSiCRssis✓<sa i3 2Rississsias5RRRRRRRsssiississssisiassissss2Esa i1711 - _ - - -1_ _. oaws11>I=as1> ww0444441 411$€$14111$41$4444444%4$$44414444441 • 11 if ix6€8 :AttxdRs1 $ 36�a s R sIIEI sd1�>I 7LR _- o ttI SAB $l$A!El1 tIlti$i1l11111113 S 4111Rltft31141gj41111 EAGLE COUNN SUPERELEVAT1QN _NGINEERING DEPARTMENT CHART—emax= 0.0600 DETAIL DRAWN 1 REVISED SHEET OF LAND USE REGULATIONS 4-103 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS Figure 4-620#6-Curb Return/Edge of Pavement Profile A iu I . . i . I 12CR�STATION-----.F o ! ELEVATION • • . r • • • •HIGH POINT ELEVATION \` i• Z 0 1ELEVATION ," / \ ; . . I . 4-o 0 > CV' \ I - _ jZ - L/3 i A I /1.. . . . . . . . . . . . . ...... . . .ELEVATIONJ4.,. . . ( 4 ` 1 1 I f E I 1 I i PCR-STATION • : • G ELEV TION • cc LU 1 . o �Od i' [ [ • • • • • • . ' i 1 I I LAND USE REGULATIONS 4-104 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS Figure 4-620#7-Curb Return/Edge of Pavement Profile B " ' I • I .J I IZOZ:j f • O W tA f I (.41 0 ccl 4f x WW Q 2Z= # . Co —.+� cy 3 z . . . . . . . ... . . . . 1 . . . . . . . . . i 4.. : r -• —PCR-STATION• ... O .t 1 - ,, • • ELEVATION • •, . • - L/4 (PV1) ; . I o ' • • ELEVATION I _ ui [ ' I o • • o iv L 14 Ik. • • • ELEVATION 1 _. ' ' a I I /-I - • - • • • • • . . . . . . . . . ; . . . . .-6 - • • ' ' L/4 (PVI) / 1 I . cc . 4 O - • - ELEVATION .' • j , . I t , 1 f ! 1. . PCR-STATION•e• • , 0 1 ELEVATION I i • 1 . i . I co- . . . . ! : . . . • 1 • • _ I t : j {I LAND USE REGULATIONS 4-105 EAGLE COUNTY.COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS Figure 4-620#8-Curb Return/Edge of Pavement Profile C f i . . Q . .�. ' : : . I : : �/PT-STATION EL!`YA'!•ION HIGH POINT/ . . . : . .:. 1:.. . ... . . . . . . . . . . . . ... .. I ELE VATION I . . . . . c . . . :. . . 1 I . —VPI v PCFt-STATION ? • I A' I Q ELEVATION I v CC . ... . . . . . . I . . . . . . . . , \-. : rR [.%3 =: i ELEVATION. 1 W. . ! •j o. . 0 s } w. _ • L/3 1 VPC I I Z 41 ' ELEVATION - ;; ELEVATION i -' _ - i ¢--, 0 • cc i • • PCR-STATION •,• - C i N1 . , ,ELEV LION t `gyp i .7‘‘. ..a..... .. .. . . . . . . . . . . . . . . . 1 LAND USE REGULATIONS 4-106 Article 4 EAGLE COUNTY,COLORADO Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT 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 LAND USE REGULATIONS 4-107 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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 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. (am03/21/06) (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. • LAND USE REGULATIONS 4-108 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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 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 LAND USE REGULATIONS 4-109 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS roadway, the radius of that edge shall not be less than twenty(20)feet for passenger vehicles and not less than fifty (50) feet where single unit or larger trucks may be expected to use the entrance and the traffic volume on the adjacent road exceeds four hundred(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) 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: LAND USE REGULATIONS 4-110 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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) 1. Strength. Structures shall be of sufficient strength to accommodate an AASHTO HS20 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 dissipators. Drainage structures that convey the flow of named streams, as shown on the United States Geological Survey, 7.5 minute topographic, 1:24,000 scale, Primary Map Series, and in the list in Appendix E, shall be designed with a hydraulic capacity to pass the one hundred (100) year flow. Drainage structures conveying the flow of lesser streams, or other sources of storm water at collector, commercial, or industrial roads, shall be designed to pass the fifty (50) year flow. Drainage structures conveying the flow of lesser streams, or other sources of storm water at all other roads, shall be designed to pass the twenty-five (25) year flow. (am. 03/12/02) 4. Bridges and Culverts. Bridges and culverts shall be designed with adequate guardrails (where required),roadway approach grades and curvature to assure safe sight distance. 5. Roadway Fill. An adequate channel and wingwalls shall be provided to protect approach roadway fill from scouring and erosion. 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 LAND USE REGULATIONS 4-111 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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. 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 LAND USE REGULATIONS 4-112 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS, shall be collateralized, constructed and subject to terms and conditions of the other public improvements in the development. 7. Public Lands Access. As part of any development proposal that is adjacent to public lands, existing trail connections to public lands should be maintained or replaced. Creation of public lands access is recommended, where appropriate. Paved surfacing is not recommended for this type of trail, but subject to review through the development process. 8. Private Trails. Trails which 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 standards of that Plan). 2. Minimum Thickness. All sidewalks shall have a minimum thickness of four(4)inches of three thousand (3,000) psi concrete over a compacted six (6) inch CDOT Class 6 aggregate base course(ABC). (am. 03/09/23) 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 LAND USE REGULATIONS 4-113 EAGLE COUNTY COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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. 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. LAND USE REGULATIONS 4-114 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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 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 LAND USE REGULATIONS 4-115 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS Where L equals the length of the flow path of the sheet flow over the upstream impervious surface. 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,twenty-four(24)hour 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, twenty-four (24)hour 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,twenty-four(24)hour storm flows through the site without damage to any public or private property. (orig 03/12/02)(am. 03/09/23) 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) LAND USE REGULATIONS 4-116 EAGLE COUNTY COLORADO Article 4 Exhibit A ECLUR Article 4 Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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. 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. (orig. 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. LAND USE REGULATIONS 4-117 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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. 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 LAND USE REGULATIONS 4-118 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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 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/l. 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 LAND USE REGULATIONS 4-119 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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. 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) LAND USE REGULATIONS 4-120 EAGLE COUNTY.COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 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. 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 MultiFamily (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. LAND USE REGULATIONS 4-121 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS 3. Maintenance. Responsibility for continuing maintenance of the streetlights shall be outlined and submitted with the road plans. 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 LAND USE REGULATIONS 4-122 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS delineated and certified by a Professional Engineer licensed in the State of Colorado. d. Analysis of Water Samples. Representative samples of the water source shall be analyzed by a reputable laboratory to determine conformance with Colorado drinking water standards. 4. Submission Standards. The preliminary plans for the development shall contain a design of the water supply system at a preliminary engineering level sufficiently detailed to fully represent the mechanics of how the system will operate. The final plans for the development shall contain a design of the system at an engineering level sufficiently detailed to permit accurate cost estimates. • 5. Construction and Administration of Facilities. a. Construction Standards. The water supply system in the proposed development shall conform to the standards and specifications of the nearest district that supplies water in the event future connection can be made. b. Phased Construction Permitted. Construction of facilities may be phased upon approval of a phasing plan by the Board of County Commissioners. c. Administration. Where a central water system is to be installed, an organization. shall be set up to administer the operation of this system. Administration shall be by an incorporated town,water district or an approved corporation. B. Fire Fighting Facilities. The developer shall provide fire hydrants, water tanks, cisterns and/or dry hydrants within the development capable of providing a fire fighting water supply. Such hydrants, water tanks, cisterns and/or dry hydrants shall be of the type, size and number,and shall be installed in locations as specified in Section 4.430.E.1.a, Water Supply of these Land Use Regulations, or as may be alternatively approved by the Local Fire Authority Having Jurisdiction. (am 12/17/02) SECTION 4-690. SANITARY SEWAGE DISPOSAL STANDARDS A. Sanitary Sewage Disposal System Required. No lots shall be platted and no development shall be permitted unless an economical and reliable method of disposal of sanitary sewage is available to that lot or development. 1. Public Sanitary Sewer System Accessible. Where a public sanitary sewer system is located within four hundred (400) feet of the proposed development, the applicant shall connect to such sanitary sewer system where and whenever feasible and provide adequate connection lines and appurtenances to make the sewer facilities available at the property line of each lot of the development. 2. Public Sanitary Sewer Not Accessible. Where a public sanitary sewer is not located within four hundred (400) feet of the proposed development, the applicant shall install LAND USE REGULATIONS 4-123 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS sewage disposal facilities, or lot owners shall install individual sewage disposal systems for each lot, provided the lots are of adequate size, and provided the other standards specified in the Eagle County Public Health Agency On-Site Wastewater Treatment System(OWTS)Regulations are met. (amd. 07-29-2014) B. Standards for Central Sanitary Sewer System. Where a central sanitary sewer system is to be constructed, the design and construction of the system shall comply with the regulations of the Colorado Department of Public Health and Environment and shall be reviewed and approved by that Department and by the Board of County Commissioners through their authorized representative. 1. Treatment Facilities. Sewage treatment facilities of an approved design shall be constructed to adequately treat all collected sewage. All proposed sewer plants shall make provisions for the handling and disposal of sewage sludge. 2. Collection Sewers. Collection sewers shall be designed and provided to service each lot. 3. Conformance With Standards of Nearest District. The system shall conform to the standards and specifications of the nearest district that supplies sewage treatment facilities, in the event future connection can be made. 4. Administration. Where a community sewage system is to be installed, an organization shall be set up to administer the operation of this system. Administration shall be by an incorporated town, a sanitation district,or an approved corporation with a Public Utilities Commission permit. C. Standards for On-Site Wastewater Treatment Systems (OWTS). 1. Individual Design. Each lot in the development shall be individually designed so that an individual sewage disposal system may be constructed on it that complies with the Eagle County Public Health Agency On-Site Wastewater Treatment System (OWTS) Regulations. The applicant shall identify a primary site and an alternative site for on-site sewage disposal. (amd. 07-29-2014) 2. State and County Review Required. Each development wherein individual systems are proposed for the disposal of sewage shall be reviewed by the County Environmental Health Manager, to determine their compliance with the County's standards for such systems. The County Environmental Health Manager may refer the development plans to the Colorado Department of Public Health and Environment for comment and approval, if required. 3. Required Tests. The applicant shall furnish to the satisfaction of the County Environmental Health Manager or Colorado Department of Public Health and Environment a report summarizing the percolation, groundwater and soil characteristics tests performed. a. Minimum Number and Spacing of Test Holes. The tests shall be performed in LAND USE REGULATIONS 4-124 EAGLE COUNTY COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS a sufficient number in separate test holes spaced uniformly over the proposed absorption field sites, such that the results of said tests indicate that site conditions are adequate to permit the installation of the proposed type of soil absorption system without creating sanitation or pollution problems. (1) Test Methods. The absorption and percolation rates shall be determined by the methods prescribed by the County Environmental Health Division determines to be equivalent in accuracy. (2) Developments Having Varying Geology. In developments on land having varying geology, tests shall be run at sufficient locations to assure that each lot will have an acceptable primary and alternate location for an individual system. b. Qualifications. The tests shall be performed by a registered professional engineer licensed in the State of Colorado or a qualified geologist. D. Submission Standards. The preliminary plans for the development shall contain a design of the sewage disposal system at a preliminary engineering level sufficiently detailed to fully represent the mechanics of how the system will operate. The final plans for the development shall contain a design of the system at an engineering level sufficiently detailed to permit accurate cost estimates. LAND USE REGULATIONS 4-125 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS DIVISION 4-7. IMPACT FEES AND LAND DEDICATION STANDARDS SECTION 4-700. SCHOOL LAND DEDICATION STANDARDS A. Formulas. Pursuant to Section 3028133(4)(a), C.R.S., 1973, as amended,the subdivider of land in each residential subdivision or portion of a subdivision intended for residential use shall allocate and convey sites and land areas for schools,when such are reasonably necessary to serve the proposed subdivision and the future residents thereof, as determined by Eagle County,based upon the School District's long range capital plan and evidence of the impact of the subdivision on the District,by applying the formulas set forth herein. (am 05/15/01) 1. Single-Family Units. Number of units X 0.0151 =dedication requirement in acres. 2. Duplex and MultiFamily Units,excluding Townhouse Units. Number of units X 0.0025 =dedication requirement in acres. 3. Townhouse Units, Defined as Multi-Family Units Where Each Unit is Located on a Separate Platted Lot. Number of units X 0.0054=dedication requirement in acres. 4. Mobile Home Units. Number of units X 0.0151 =dedication requirement in acres. B. Land Shall Be Usable. When land is dedicated for the purpose of providing a school site, it shall be that which is usable by the respective School District for such purpose, as determined by Eagle County, and shall be maintained by the School District in a reasonable manner until developed. Said land shall be held by the County for the School District until required by the School District. In the event that the School District determines subsequent to dedication that such school site is not reasonably necessary, the Board may, at the request of the School District, sell such land. (am 05/15/01) C. Cash-in-Lieu of Land Dedication. When sites and land areas for schools are not reasonably necessary to serve the proposed subdivision and the future residents thereof, the Board, with recommendations from the School District and other affected entities, shall require, in lieu of such conveyance of land, the payment in cash by the subdivider of an amount not to exceed the current full market value of such sites and land area for schools. The Board of County Commissioners shall determine the amount of such payment after considering information and testimony presented at the hearing for the final plat. (am 09/02/03) 1. Appraisal of Land to Be Subdivided. The subdivider shall provide, as part of the application for the final plat, an appraisal of the land area to be platted, prepared by an appraiser licensed or certified in Colorado, of the current full market value of the land LAND USE REGULATIONS 4-126 EAGLE COUNTY,COLORADO Article 4 Exhibit A ' ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS area being platted. The appraisal report shall be completed as a Summary Appraisal Report using the market approach to appraisal, and shall be dated no more than six (6) months prior to the date of application for the final plat. Full market value shall be based on anticipated market value after completion of platting. (am 09/02/03) 2. Money Shall Be Held By the Board. When money in lieu of land is required or when monies have been paid to the Board from the sale of such dedicated sites for schools, it shall be held by the Board for the acquisition of reasonably necessary sites for the construction of school facilities. (am 09/02/03) D. Dedication Requirements Shall Apply Only Once. School land dedication requirements shall apply only once to the same land area. Dedications shall not be required of re-subdivisions of the same land when a dedication has previously been made unless a net gain in residential units is realized as a result of a re-subdivision. In these instances, school land dedication requirements will be calculated proportionally, based upon the difference between the total number of allowed residential units prior to and after re-subdivision occurs. (am. 7/29/04) E. Dedication Shall Occur at Final Plat. The actual dedication or payment shall occur at the Final Plat stage. • SECTION 4-710. TRANSPORTATION IMPACT FEES (orig. 05/15/01)(am.03/09/23) A. Short Title,Authority,and Application 1. Title. This Regulation shall be known and may be cited as the "Transportation Impact Fee Regulation." (am. 03/09/23) 2. Authority. The Board of County Commissioners has the authority to adopt this Regulation pursuant to the Colorado Constitution and " 29-20-101-107, 30-28-106, 30-28-133, C.R.S. and all other relevant laws of the State of Colorado. 3. Application. This Regulation shall apply to all lands within unincorporated Eagle County and, pursuant to intergovernmental agreements, all other lands within the county lying within the boundaries of Participating Municipalities. B. Intent and Purpose. 1. Intent. This Regulation is intended to implement and be consistent with the Transportation Plan, Road Capital Improvement Plan (CIP), Transportation Impact Fee Study, ECO Transit Plan, ECO Trails Plan,and the Eagle County Master Plan. (am.03/09/23) 2. Purpose. The purpose of this Regulation is the establishment of a system for the imposition of transportation impact fees to assure that new development contributes its proportionate share of the cost of providing, and benefits from the provision of, Road Capital Improvements identified as needed to be built in the Road CIP. (am. 03/09/23) LAND USE REGULATIONS 4-127 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 3. Regulations, Standards, and Criteria. The regulations, standards, and criteria for the Transportation Impact Fee shall be as set forth in the Engineering Criteria Manual Chapter 2, Transportation Impact Fees. (orig. 03/09/23) SECTION 4-720. EMERGENCY SERVICE IMPACT FEES (orig.12/13/05) A. Purpose.The purpose of this Section is to: 1. Provide a rational system for identifying and mitigating growth-related costs associated with growth and development and the expansion of emergency services and facilities made necessary by land development activities, a growing population and economic activity levels. 2. Implement the methodology and analysis for the determination of the impact of new development on the need for, and cost of, additional Emergency Service Capital Improvements. 3. Ensure that the Emergency Service Impact Fees established by this Section are based on, and do not exceed, the cost of providing additional Emergency Service Capital Improvements necessitated by new development. 4. Regulate the development of land to ensure that new development bears a proportionate share of the cost of Emergency Service Capital Improvements necessary to provide adequate emergency services within Eagle County. 5. Assure that the system of Emergency Service Impact Fees implemented in this Section is linked to an Emergency Service Capital Improvements program designed to provide the facilities and equipment for which the Emergency Service Impact Fees are imposed. B. Definitions.The following terms as used in this Section shall have the meanings set forth unless it is apparent from the context that they have a different meaning. 1. Developer: A Developer as defined in Chapter 2 of these Eagle County Land Use Regulations. 2. Development: Development as defined in Chapter 2 of these Eagle County Land Use Regulations 3. Emergency Service Capital Improvement: a. Includes: (1) Fire Protection or emergency medical, rescue and ambulance service planning, preliminary architectural and engineering services, architectural and engineering design studies, land surveys, land acquisition, site improvements and off-site improvements associated with LAND USE REGULATIONS 4-128 EAGLE COUNTY COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 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. 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. LAND USE REGULATIONS 4-129 EAGLE COUNTY.COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 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 approval process have been paid in full. If any credits are due pursuant to Section 4-720.H, they shall also be determined at that time. The fee shall be computed separately for the amount of construction activity covered by the permit, if the building permit is for less than the entire Development. If the fee is imposed for an Emergency Service-Generating Development that increases emergency service impact because of a change in use, the fee shall be determined by computing the difference in the fee schedule between the new Emergency Service-Generating Development and the existing Emergency Service-Generating Development. 2. Exemptions. The following shall be exempt from the terms of this Regulation. An exemption must be claimed by the fee payer at the time of application for a building permit. a) Alterations, expansion, or replacement of an existing building where no additional dwelling units are created, the use is not changed, and no additional need for Emergency Service Capital Improvements will be produced. b) The construction of accessory buildings or structures that will not produce additional need for Emergency Service Capital Improvements • over and above that produced by the principal building or use of the land. c) The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use, provided that no additional need for Emergency Service Capital Improvements will be produced over and above that produced by the original use of the land. LAND USE REGULATIONS 4-130 EAGLE COUNTY COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 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). 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. LAND USE REGULATIONS 4-131 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 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. 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. LAND USE REGULATIONS 4-132 EAGLE COUNTY COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 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. 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 LAND USE REGULATIONS 4-133 EAGLE COUNTY COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 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. 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 LAND USE REGULATIONS 4-134 EAGLE COUNTY COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS 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. 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 $ection shall apply only within the jurisdiction and boundaries of an Emergency Service Provider for which a resolution setting an Emergency Service Impact Fee has been adopted pursuant to Subsection D, above. Pursuant to Section 24-68-102.5, C.R.S., the provisions of this Section shall apply to all land use applications currently pending at the time this Section becomes effective. LAND USE REGULATIONS 4-135 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4 Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX DIVISION 4-8. SUSTAINABLE COMMUNITY INDEX(org. 9/17/08) SECTION 4-800. PURPOSE The Sustainable Community Index (SCI) is a development review tool to comprehensively analyze how new developments contribute toward sustainable community development. The intent of the SCI is to give staff, developers, and decision makers an indicator as to the level of sustainability a project includes within it, as well as its contribution to the broader community. Sustainable Community shall be defined as: a community which fosters economic opportunity and social capital while protecting and restoring the natural environment upon which people and economies depend. SECTION 4-801. APPLICABILITY The SCI shall apply to all proposed PUDs,PUD amendments, Final Plats,Major Special Use Permits, and Zone Changes as a required finding to be met for approval. SECTION 4-820. POINT REQUIREMENTS The SCI shall utilize the following point thresholds to be incorporated into the SCI finding: 140+ EXCEEDS MINIMUM STANDARDS 70-139 MEETS MINIMUM STANDARDS 0-69 DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE The point scale above assumes a maximum point score of 210, with 70 (meets minimum standards) and 140 (exceeds minimum standards) representing 33% and 66% thresholds of this maximum number, respectively. For proposals where certain line items from the SCI which are not applicable to the project, the total maximum points and point thresholds shall be adjusted and pro-rated accordingly. A non-applicable point or line item is one which is impossible to include in the project because of its location or existing condition. A point or line item cannot become non-applicable due to a proposed design or recent actions taken by the applicant. For example, a project with 30 non-applicable points would have a maximum of 180 points and the following SCI finding thresholds would apply accordingly: 120+ EXCEEDS MINIMUM STANDARDS 60-119 MEETS MINIMUM STANDARDS 0-59 DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE SECTION 4-830. POINT DETAILS SECTION 4-830.1. SITE/LOCATION: LAND USE REGULATIONS 4-136 EAGLE COUNTY COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX 1.1 LOCATION INFILLIREDEVELOPMENT: The project is either infill or adjacent to an existing town or community center (defined as an area with multiple private businesses and services within walking distance of each other): a. Infill site: The site is surrounded on all sides by development. 4 points b. Adjacent site: The site is adjacent to existing development as part of a town or community center on at least one side of the project. 2 points c. Previously developed(deconstruction required): 1 point 1.2 TRANSIT: Over 50%of the development is within walking distance(1/4 mile)to public transit. 5 points 1.3 PROXIMITY TO EXISTING WATER/WASTEWATER: a. The project water distribution and sewer collection infrastructure connects to existing infrastructure on site or immediately adjacent to the property and is served by water and wastewater treatment facilities operated by the regional water and wastewater treatment provider. 4 points. b. OR,the developer is working with an existing regional water and wastewater service provider to obtain efficient infrastructure tie-in and service. 2 points. 1.4 WILDLIFE/ECOLOGICAL COMMUNITIES: Upon biological study of the area, a wildlife plan shall be completed to the satisfaction of the CPW for any critical wildlife habitats as defined by the CPW. Identify and protect any wildlife movement route/corridors on or near the property. 5 points. 1.5 RIPARIAN/WETLAND PRESERVATION: For any site with wetland/stream/water body(s), any development is setback at least 100 feet from the edge of the delineated riparian/wetland vegetation, and avoids any floodplain. 1 point. For any project within 200 feet of a wetland, stream, or water body, a water quality management plan is submitted, including erosion and impact control measures and water quality testing before, during, and after construction to demonstrate no impact to water quality. 2 additional points. 1.6 AGRICULTURAL LAND PRESERVATION: The project is either on previously developed land or is not located on land historically used for agriculture or suitable for agricultural use as defined by the Natural Resources Conservation Service. 2 points 1.7 EXISTING VEGETATION PRESERVATION: LAND USE REGULATIONS 4-137 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX The project avoids disturbance of existing trees and mature shrub species (2 points), or disturbs no more than 10% of existing trees/shrubs on the site (1 point). Such vegetation is fenced off outside of limits of disturbance during construction. If no such vegetation exists on site, item inapplicable. 1.8 BROWNFIELDBLIGHT REDEVELOPMENT: a. The project redevelops an area that is currently dilapidated or blighted. `Blight' is defined as: an unsightly condition including the accumulation of debris, litter, rubbish, or rubble; fences or structures characterized by holes, breaks,rot,crumbling,cracking peeling,rusting or damage; and any other similar conditions of disrepair and deterioration regardless of the condition of other properties in the neighborhood. 2 points OR b. The project cleans up a brownfield lot. In this case `brownfield' is a property with actual demonstrated past commercial or industrial contamination. A contamination cleanup plan would need to be documented and administered. 3 points 1.9 STEEP SLOPES/RIDGELINES: The project avoids ridgelines and slopes steeper than 20%. 3 points 1.10 STORMWATER MANAGEMENT: a. At least 30%of the runoff is reduced/detained during a 1-inch rain event. 1 point b. 100% of surface runoff travels through bioswales, engineered wetlands, landscaped detention areas, and/or other vegetated drainage features that remove particulates and pollutants from surface runoff, provide onsite rainwater irrigation, and promote natural groundwater recharge. No vegetated drainage feature that drains to a live stream shall be less than 100'. 2 points SECTION 4-830.2. CONNECTIONS/USES: 2.1 OPEN COMMUNITY: The project is not gated; roads/paths/amenities are open to the public for use and connected to the community outside the development project. 2 points 2.2 PUBLIC ACCESS: The project provides public access to existing or appropriate trailheads or access points to public lands or rivers(new access points must include approval from appropriate jurisdictional authority). 4 points. 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 LAND USE REGULATIONS 4-138 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX 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: 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 LAND USE REGULATIONS 4-139 EAGLE COUNTY COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX c. Covered bicycle storage for minimum 15%of occupants. 1 point d. Covered bicycle storage for minimum 25%occupants. 2 points 2.8 PARKING LOCATION: For all non-residential and/or multi-family buildings, all surface parking must be at the side or rear of the structure, leaving building frontages and streetscapes free of parking lots. Side parking must be adequately screened. For single family/duplex units, garages cannot protrude from the front facade; side/rear parking, access via alley, etc. to promote pedestrian access. a. Parking only to rear of structure(s), or no surface parking lots: 4 points b. Parking to side of structure(not obstructing entrance): 2 points 2.9 REDUCED PARKING: a. Onsite parking does not exceed LUR requirements by more than 5%. 1 point b. A transportation demand management plan demonstrates at least a 15%reduction in parking need than required, and no offsite parking impacts are created: 2 points. c. A 25%reduction in on-site parking: 3 points. (Onsite parking does not exceed the plan's recommendations for parking.) 2.10 JOBS/HOUSING: a. For a commercial project, at least 25% of the floor area is residential. _Jobs that would provide incomes able to support 50% of potential residents either exist onsite or within a half mile of the project. 4 points b. For a residential project, at least 25% of the floor area is for commercial uses. The commercial component would create jobs with incomes able to support 50%of potential residents. 4 points 2.11 SCHOOL PROXIMITY: A public school is located within a mile of the project. Children are able to walk or ride from the development to the school safely on designated routes or paths. Distance is measured as traveled on such routes. 3 points. 2.12 DIVERSITY OF USES: The project includes the following non-residential uses (one point for each type): Community/civic center Bank Convenience store Child care facility(licensed) Hair care LAND USE REGULATIONS 4-140 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX Hardware store Police/fire station Health club or recreation facility Post office Laundry/dry cleaner Restaurant Library School Medical/dental office Senior care facility Office,general (not in-home) Supermarket Theater Pharmacy Bar Church Liquor Store 2.13 DIVERSITY OF HOUSING TYPES: To enable citizens from a wide range of economic levels and age groups to live within a community, a diversity of housing types is necessary. One point for each housing type above 2 as defined in the following list: Detached residential large(> 1800 ft2,not to exceed 3000 ft2) Detached residential small(< 1800 ft2) Duplex or townhouse large(> 1200 ft2,not to exceed 2000 ft2) Duplex or townhouse small(< 1200 ft2) Multifamily large(> 1000 ft2,not to exceed 2000 ft2) Multifamily small(< 1000 ft2) Live/work large(> 1200 ft2) Live/work small(< 1200 ft2) Accessory Dwelling Unit large(> 850 ft2, not to exceed 1000 ft2) Accessory Dwelling Unit small(<850 square feet) 2.14 AFFORDABLE HOUSING: One points for each affordable housing unit provided above what is called for in the housing guidelines. 2.15 AFFORDABLE RENTAL HOUSING: Onsite rental housing is provided. a. Minimum 15%onsite rental housing is attainable for households up to 50%AMI 2 points. b. Beyond item above, 15% additional onsite rental housing is available for households up to 80% AMI. 2 additional points. SECTION 4-830.3. TRANSPORTATION: 3.1 WALKABLE STREETS: LAND USE REGULATIONS 4-141 EAGLE COUNTY, COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX a. Each building has a principle front entry that faces a functional public pedestrian space. A functional public pedestrian space is one that has gathering areas nearby and is connected to pedestrian walkways. 2 points b. Sidewalks, footpaths, or woonerfs are available on all streets within and bordering the project. 2 points A `woonerf is defined as a multi-modal plaza or street where pedestrians and bicycles have legal priority over motorists. Cars have access through woonerfs, but their designed speed is 5 mph. c. The public realm is entirely ADA accessible. REQUIRED d. 10' wide sidewalks in front of non-residential buildings. 1 point e. All streets facing non-residential mixed-uses have road designs for 25 mph or slower. 2 points f. All streets in residential-only blocks have road designs for 20 mph or slower. 2 additional points g. At least 50% of the building frontages have less than 18-foot setback and are contiguous to the sidewalk/public realm. 2 points h. Functional entryways for non-residential/mixed-use buildings occur at least every 75 feet on average. 2 points i. All ground-level non-residential interior space has at least 30% transparent glass on the ground-level facade. 2 points j. No blank walls longer than 50 feet occur along sidewalks. Windows, doors, artwork or murals act as breaks to blank walls. 2 points k. On-street parking is provided for at least 70% of streets. 2 points 1. Street trees occur between the street and sidewalk at least every 40 feet. 2 points m. For non-residential projects, at least 50% of ground level space is retail or service (banks/real estate not included). 2 points n. Trees, awnings, or other structures provide shade to at least 50% of sidewalks (tree shading at maturity). 2 points o. Pet pickup stations are provided in appropriate locations throughout the development. 1 point 3.2 STREET NETWORK: The project has a traditional small-block grid pattern. 2 points If not a grid pattern, At least 50% of cul-de-sacs have a bicycle/pedestrian path through-connection. If topographic or other limitations prevent connection,those are not included in calculation. 1 point LAND USE REGULATIONS 4-142 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-8 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 'Y2 mile of a recreation path or network or that is least 3 miles in length. 1 point c. 50% of dwelling units are located within 3/4 mile of a dog park area (pickup stations required) 1 point. 3.8 LOCAL FOOD PRODUCTION: a. The project allows for private gardens in sideyards,backyards, and/or balconies. 1 point b. Neighborhood gardens exist as dedicated areas of 100 square feet per dwelling unit that include fencing, irrigation, and raised beds. 2 points LAND USE REGULATIONS 4-143 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX c. The project is within 3 miles of a farmer's market that has been in place at least 2 years and includes no less than 3 local agricultural producers. 1 point SECTION 4-830.4. RESOURCE EFFICIENCY 4.1 LIMITED TURF/EFFICIENT TURF SPECIES: a. Less than 25%of landscaped areas are irrigated turf grass. 1 point b. Irrigated turf grass areas use a species that requires on average 25% or less irrigation than Kentucky blue grass. 1 point 4.2 DIVERSE NATIVE LANDSCAPING: The project uses over 10 or more species of native low-water plant species as a part of its landscape plan. 2 points 4.3 XERISCAPE: The landscape plan demonstrates utilization of the seven principles of xeriscape design: 2 points a. Thoughtful landscape plan for dry/wet zones and plant maturity b. Select low-water-use plants as identified by CSU or recognized source c. Minimize or eliminate turf areas d. Use efficient irrigation(drip systems,EV schedules, etc.) e. Improve the soil f. Use mulches g. Demonstrate appropriate maintenance plan 4.4 SOLAR ORIENTATION: 75% of all buildings in the project have solar orientation. The south-facing façade of the buildings must be at least 1.5 times the east-west facades. 3 points. At least 50% of the south-facing facade area is capable of mounting a solar collection device which would generate at least 90% of an ideal aspect as calculated on www.pvwatt.com. Additional 2 points 4.5 RENEWABLE ENERGY: Provide on-site renewable energy system(s). 3 points for each 5% of total energy consumption offset by system(s). LAND USE REGULATIONS 4-144 EAGLE COUNTY,COLORADO Article 4 Exhibit A ECLUR Article 4_Clean ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX 4.6 INFRASTRUCTURE RECYCLED CONTENT: Concrete and/or asphalt is at least 75%recycled content. 1 point Any mulch is recycled wood waste chip,and/or recycled tire mulch(for play areas). 1 point 4.7 RECYCLING: The project is designed with recycling containers for co-mingled, newspaper, and cardboard for g Y g g 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 4-145 EAGLE COUNTY,COLORADO Article 4 Exhibit B-Engineering Criteria Manual EAGLE COUNTY EAGLE COUNTY ENGINEERING CRITERIA MANUAL Adopted March 9, 2023 Exhibit B Engineering Criteria Manual TABLE OF CONTENTS CHAPTER 1 GENERAL PROVISIONS 4 1.1 TITLE 4 1.2 PURPOSE AND BACKGROUND 4 1.3 JURISDICTION 4 1.4 AMENDMENTS TO THE ENGINEERING CRITERIA MANUAL 4 1.4.1 MINOR AMENDMENT 4 1.4.2 MAJOR AMENDMENT 4 1.5 APPLICATION 5 1.6 RULES AND GENERAL PROVISIONS 5 CHAPTER 2 TRANSPORTATION IMPACT FEES 7 2.1 DEFINITIONS 7 2.2 TIME OF FEE OBLIGATION AND PAYMENT 9 2.3 FEE EXEMPTIONS 10 2.4 FEE WAIVER 11 2.5 ADMINISTRATIVE CALCULATION OF FEE 11 2.6 CREDITS 11 2.7 BENEFIT DISTRICTS 14 2.8 REFUNDS 15 2.9 REVIEW,ASSESS,AND UPDATE TRANSPORTATION IMPACT FEE 16 2.10 FINAL DETERMINATION BEFORE PERMIT APPROVAL 16 2.11 TRANSPORTATION IMPACT FEE SCHEDULE 17 2.12 TRANSPORTATION IMPACT FEE CALCULATED BY TRIPS 18 2.12.1 RESIDENTIAL USE 18 2.12.2 INDUSTRIAL USE 18 2.12.3 RETAIL/RESTAURANT USE 19 2.12.4 OFFICE&OTHER SERVICES USE 19 CHAPTER 3 REGULATIONS FOR WORK IN THE PUBLIC RIGHT-OF-WAY 20 3.1 DEFINITIONS 20 3.2 GENERAL REQUIREMENTS 22 3.2.1 REPEAL OF PRIOR RESOLUTION, REGULATIONS AND/OR AMENDMENTS 22 3.2.2 CONSTRUCTION OF REGULATION 22 3.2.3 AUTHORITY 22 3.2.4 UNLAWFUL TO CONSTRUCT IN OR ON ANY RIGHT-OF-WAY WITHOUT PERMIT 22 3.3 ENCROACHMENT EASEMENT AGREEMENT 23 3.4 PERMITS FOR WORK IN THE RIGHT-OF-WAY 24 3.4.1 EXEMPTIONS FROM PERMIT REQUIREMENTS 24 3.4.2 EMERGENCY WORK 24 3.4.3 PERMIT CLASSIFICATIONS 25 3.4.3.1 ANNUAL PERMITS 25 3.4.3.2 MINOR PERMITS 25 ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 2 m Exhibit B Engineering Criteria Manual 3.4.3.3 MAJOR PERMITS 25 3.4.3.4 EAGLE VALLEY TRAIL PERMIT 25 3.4.4 APPLICATIONS FOR PERMITS 26 3.4.5 PERMIT FEES 27 3.4.6 COLLATERAL FOR FAITHFUL PERFORMANCE 28 3.4.7 CERTIFICATE OF INSURANCE 30 3.4.8 TEMPORARY TRAFFIC CONTROL 31 3.4.9 REVIEW AND APPROVAL OR DISAPPROVAL OF APPLICATION 31 3.4.10 COMMENCEMENT OF WORK 32 3.4.11 COMPLIANCE WITH CONSTRUCTION AND RESTORATION STANDARDS, SPECIFICATIONS,AND DETAILS 33 3.4.12 PERMIT DURATION AND LIMITS 33 3.4.13 COORDINATION WITH EXISTING UTILITIES 34 3.4.14 NOTICES TO OWNERS AND TENANTS ABUTTING AND ADJOINING 34 3.4.15 EXCAVATION WITHIN PAVED PUBLIC ROADWAYS OR EAGLE VALLEY TRAIL 34 3.4.16 INSPECTION 35 3.5 ENFORCEMENT 36 3.5.1 CORRECTION NOTICES AND STOP WORK ORDERS; SUSPENSION AND REVOCATION OF PERMITS 36 3.5.2 COMPLETION OF PERMITTED WORK; CONDITIONAL APPROVAL 36 3.5.3 WARRANTY PERIOD 37 3.5.4 RELOCATION 39 3.5.5 LISTING OF FACILITIES IN RIGHTS-OF-WAY 39 3.5.6 APPEAL 39 3.5.7 ENFORCEMENT 40 3.5.8 LIABILITY OF COUNTY 41 3.6 CONSTRUCTION AND RESTORATION STANDARDS, SPECIFICATIONS, AND DETAILS 42 3.6.1 PAVEMENT REMOVAL AND RESTORATION 42 3.6.2 MINIMUM DEPTH OF COVER 45 3.6.3 BACKFILL 45 3.6.4 JACKING AND BORING 47 3.6.5 WORK SITE IMPROVEMENTS, PROTECTION,AND RESTORATION 47 3.6.6 MISCELLANEOUS PROVISIONS CONCERNING UTILITY INSTALLATIONS 48 3.6.7 STANDARD EXCAVATION BACKFILL AND RESTORATION DETAIL 49 ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 3 Exhibit B Engineering Criteria Manual CHAPTER 1 GENERAL PROVISIONS 1.1 TITLE This manual is called the Eagle County Engineering Criteria Manual and shall be referred to herein as the"ECM." 1.2 PURPOSE AND BACKGROUND The purpose of this ECM is to outline Eagle County's minimum acceptable standards for the design, construction, location, improvement, and maintenance of all land development or any other proposed construction in Eagle County. These regulations are intended to protect and promote the public health, safety, and welfare of the residents and visitors of Eagle County and provide the applicant with choices that will facilitate the development of infrastructure that is well suited to County needs and is safe, efficient, and economical. These regulations are necessary to protect and promote public health, safety, and welfare; ensure that public infrastructure meets commonly accepted engineering standards; and maintain consistency and fairness in development review. Failure to comply with these regulations may delay project approvals or result in the withholding or withdrawal of project permits or approvals. 1.3 JURISDICTION The requirements of this ECM shall apply to all subdividers, developers or other landowners, their employees, agents or contractors designing and constructing public and/or private infrastructure or other development within unincorporated areas of Eagle County (hereafter called County), except where superseded by State and/or the Federal regulations.The foregoing design and construction of are subject to review and approval by the County pursuant to any County regulation or requirement. 1.4 AMENDMENTS TO THE ENGINEERING CRITERIA MANUAL This ECM may be amended from time to time as set forth' herein as new materials, equipment, technologies, methods, and professional practices change, as a result of changes in state law, due to changes in community need or vision, or other reason. The County Engineer shall monitor the performance and effectiveness of this ECM and will recommend changes, updates, amendments, and revisions to the Board of County Commissioners("Board")as necessary. 11.4.1 MINOR AMENDMENT Minor Amendments are non-substantive changes that do not affect interpretation, purpose, or applicability of standards set forth in this ECM. Minor amendments include, but are not limited to, typos, formatting, updating editions of published reference manuals, or changing required permit application materials. Text changes that are intended to provide clarity or correct conflicts shall also be considered Minor Amendments. Minor Amendments shall be processed and approved under the authority of the County Engineer.Any Minor Amendments to this ECM shall be immediately effective after a fifteen (15)day public notice period. ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 4 Exhibit B Engineering Criteria Manual 11.4.2 MAJOR AMENDMENT Major Amendments are substantive changes that alter the interpretation, purpose, or applicability of standards. Changes to fees shall be considered a Major Amendment. Major Amendments shall be initiated by the County Engineer and approved by the Board. These standards may be altered or amended by a Major Amendment by the Board at a public hearing which has been advertised for fifteen (15) days in a newspaper of general circulation within the County. The Board will consider Major Amendments to this ECM following the recommendations of the County Engineer. The Board decision shall be based on at least one(1) of the following standards of approval: 1. Achieve desired design qualities 2. Consistency with industry standards or best practices 3. Adopt new technologies 4. Public benefit 5. Change in circumstances 6. Other demonstration of need The Board decision shall include a clear statement of approval, approval with conditions, or disapproval. Any Major Amendments to this ECM shall be immediately effective upon its adoption by the Board of County Commissioners. 1.5 APPLICATION The County Engineer is responsible for interpretation and application of the standards and regulations set forth in this ECM. 1.6 RULES AND GENERAL PROVISIONS 1. All sections referenced herein shall refer to this ECM unless another document, such as the Eagle County Land Use Regulations(the"ECLUR"), is specified. 2. The specific or particular has precedence over the general statements. 3. In case of any difference of meaning or implication between the text of this ECM and captions or titles for each section, the text shall control. 4. The word "shall" is always mandatory and not directory. The word "may" is permissive. 5. Words used in present tense include the future. 6. Words used in the singular shall include the plural, unless the context clearly indicates the contrary. Words in one gender shall be deemed to include all other genders. 7. In the case of improvements that are required by the County, but are not specifically addressed by the ECM, the County will require the owner, permit holder, developer, contractor, and their agents to follow applicable local, state, and federal guidelines or standards promulgated by professional organizations.' 8. Whenever any provision of the ECM conflicts with a provision in any federal, state or local law, ordinance, resolution, rule, or regulation,the higher standard shall be used. ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 5 Exhibit B Engineering Criteria Manual 9. Whenever any provision of the ECM conflicts with another provision of the ECM, the more restrictive or higher standard shall control. Whenever any provision of the ECM conflicts with any provision of a document adopted by reference, the provision of the ECM shall control. ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 6 Exhibit B Engineering Criteria Manual CHAPTER 2 TRANSPORTATION IMPACT FEES 2.1 DEFINITIONS Average Annual Daily Traffic (AADT) means the total volume of vehicle traffic on a highway or road for a year divided by 365 days. Building Permit means that building permit issued in accordance with the Eagle County Building Resolution, ECM, and/or ECLUR before any building or construction activity can be initiated on a parcel of land. Capacity means the maximum sustainable hourly flow rate at which persons or vehicles reasonably can be expected to traverse a point or uniform section of a lane or roadway during a given time period under prevailing roadway, environmental, traffic, and control conditions. Existing Traffic-Generating Development means the most intense, legal use of land within the twelve (12) months prior to the time of Commencement of Traffic-Generating Development. Fee Payer means a person commencing Traffic-Generating Development who is obligated to pay a transportation impact fee in accordance with the terms of this ECM. Impact Fee Administrator means the County Administrator or County officials that the County Administrator may designate to administer the various provisions of this ECM. Level of Service (LOS) 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. Major Road System means all major roads in Eagle County including state and federal highways. Participating Municipalities means one or more municipalities within Eagle County that have entered into an intergovernmental agreement with the County to collect and administer transportation impact fees jointly with the County and any other participating municipalities. Passenger Car Equivalent as defined in the current version of the State Access Code for Colorado means: 1. For each bus and all trucks and combinations of 40 feet in length or longer, the passenger car equivalent is 3. 2. For each vehicle or combination at or over 20 feet in length but less than 40 feet shall be used for these purposes, the passenger car equivalent is 2. 3. For each vehicle of less than 20 feet in length,the passenger car equivalent is 1. Person or Entity means and includes an individual or group of individuals, any corporate entity, a company, a firm, a partnership, a limited liability company, an association, a social or fraternal organization, an estate, a business trust, an estates trust, a receiver, a syndicate, a manager, an agent, an owner, a director, an employee, an officer, a city, town, state agency or other branch of government, or any other group or combination acting as a unit. Price Capped For Sale Housing shall have the meaning set forth in the current version of the Eagle County Affordable Housing Guidelines. ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 7 Exhibit B Engineering Criteria Manual Price Capped Rental Housing shall have the meaning set forth in the current version of the Eagle County Affordable Housing Guidelines. Road Impact Fee means new growth's proportionate share of funding for growth-related transportation capital facilities for capacity improvements to facilitate the movement of people within the right-of-way. Transportation 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 Transportation CIP, undertaken to accommodate additional traffic resulting from new Traffic-Generating Development, including but not limited to: 1. construction of new through lanes; 2. construction of new bridges; 3. construction of new drainage facilities in conjunction with new road construction; 4. purchase and installation of traffic signals, including new and upgraded signalization; 5. construction of curbs,gutters, sidewalks, bike lanes, medians and shoulders; 6. relocating utilities to accommodate new road construction; 7. the construction and reconstruction of intersections; 8. the widening of existing roads; 9. transit infrastructure; 10. acceleration and deceleration lanes; 11. interchanges; 12. traffic control devices; or 13. transit, pedestrian, and bicycle movement improvements. Direct access improvements are not included in the definition of Transportation Capital Improvement. Direct access improvements include but are not limited to the following: 1. driveways and streets linking the development to the major road system 2. right and left turn lanes leading to those driveways and streets 3. traffic control measures for those driveways and street 4. those improvements required by the State Highway access code Transportation Capital Improvement Plan (Transportation CIP) means those multimodal capacity improvements to facilitate the movement of people within the right-of-way and to facilitate the movement of people along linear paths that may be inside or outside the right-of-way identified in the Transportation Impact Fee Study. Transportation Impact Fee means new growth's proportionate share of funding for all growth-related transportation capital facility projects listed in the Transportation CIP including the Road Impact Fee and Trail Impact Fee. Transportation 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 Transportation Impact Fee Committee and that authorizes the expenditure of Transportation Impact Fee funds. The Eagle County Board of County Commissioners shall serve as the Transportation Impact Fee Board. Transportation Impact Fee Committee means the body responsible for administering independent fee calculation studies, credits,and refunds for the transportation impact fee program, recommending the expenditure of impact fee funds to the Transportation Impact Fee Board, preparing an annual report and initiating a periodic review of the impact fee program. The ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 8 Exhibit B Engineering Criteria Manual Transportation Impact Fee Committee shall consist of the Road and Bridge Director, County Engineer, County Regional Transportation Director, and Community Development Director of Eagle County. Transportation Impact Fee Study means the Transportation Impact Fee Study for Eagle County Colorado, prepared by Raftelis in May 2021. Transportation Plan means the transportation improvement list that is listed in the current Transportation Impact Fee Study for Eagle County Colorado, prepared by Raftelis in November 2019. 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, additional uses, or floor space than the most intensive legal 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. 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 transportation impact fees have not previously been determined and paid.. Trail Impact Fee means new growth's proportionate share of funding for growth-related transportation capital facilities to facilitate the movement of people along linear paths that are inside or outside the right-of-way. The Trail Impact Fee will be included in the Transportation Impact Fee. Trip means a one-way movement of vehicular travel from an origin (one trip end) to a destination (the other trip end). Trip Generation means the attraction or production of Trips caused by a certain type of land development. 2.2 TIME OF FEE OBLIGATION AND PAYMENT A. After May 15, 2001, upon the Commencement of Traffic-Generating Development within unincorporated areas of Eagle County, a Transportation Impact Fee 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 this Section 2.6, Credits, they shall also be determined 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 Transportation Impact Fee shall be computed separately for the amount of construction activity covered by the Building Permit, if the Building Permit is for less than the entire development. If the Transportation Impact Fee is imposed for a Traffic-Generating Development that increases traffic impact because of a change in use,the Transportation Impact 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 Transportation Impact Fee shall run with the land. ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 9 Exhibit B Engineering Criteria Manual B. Any Person who prior to the effective date of May 15, 2001, agreed as a condition of development approval to pay a Transportation 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 Fees due pursuant to the terms of this Regulation. 2.3 FEE EXEMPTIONS A. Exemptions. The following shall be exempt from the terms of this ECM.An exemption must be claimed by the Fee Payer at the time of application for a Building Permit. 1. 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. 2. 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. 3. 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. 4. Any development of a lot having been legally created prior to May 15, 2001 shall be exempt from the payment of transportation impact fees, unless a re-plat occurs. The following types of re-plat will not necessitate payment of Transportation Impact Fees: i. Minor Type 'B' Subdivisions, as defined by the ECLUR,for the purpose of subdividing condominium space in duplex,triplex, multifamily, or non-residential structures; ii. Minor Type 'B' Subdivisions, as defined by the ECLUR,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; iii. Amended Final Plats, as defined by the ECLUR, for the purpose of adjusting internal lot lines where no net gain in residential units or non-residential square footage will be realized; iv. Correction Plats. 5. Private recreational facilities within a residential subdivision that are restricted for the use of residents and will not generate additional Trips. 2.4 FEE WAIVER A. Waiver by the Board of County Commissioners. The Board may waive the applicable Transportation Impact Fee on the development of Price Capped For Sale and Price Capped Rental Housing as defined by Eagle County government in the current version of the Eagle County Affordable Housing Guidelines and pursuant to C.R.S. 29-20-104.5(5). ENGINEERING CRITERIA MANUAL EAGLE COUNTY, COLORADO Page 10 Exhibit B Engineering Criteria Manual 2.5 ADMINISTRATIVE CALCULATION OF FEE A. Calculation of Fee. Any Person who causes the Commencement of Traffic-Generating Development, except those Persons exempted, shall pay a Transportation 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 this Section 2.11, Transportation Impact Fee Schedule, 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 current 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. 2. Use Not Specified in Fee Schedule. If the type of Traffic-Generating Development for which a fee is required is not specified on the Fee Schedule in this Section 2.11, Transportation Impact Fee Schedule, the Impact Fee Administrator shall determine the fee based on the Average Annual Daily Traffic as provided in the development Traffic Generation Study or Traffic Impact Study and the most nearly comparable type of land use (Residential, Industrial, Retail Restaurant, or Office & Other Services) using the Transportation Impact Fee Calculated by Trips provided in this Section 2.12, Transportation Impact Fee Calculated by Trips. 3. Appeal of Administrative Calculation. A Fee Payer affected by the administrative calculation of a transportation impact fee may appeal such a decision to the Transportation Impact Fee Board by filing a written notice stating and specifying briefly the ground of the appeal with the Impact Fee Administrator within ten(10)working days of the date of the written decision. The Impact Fee Administrator shall place the appeal on the Transportation Impact Fee Board's agenda for the next available regularly scheduled meeting. The Transportation Impact Fee Board, after a public hearing, shall have the power to affirm or reverse the decision of the Impact Fee Administrator. In making its decision, the Transportation Impact Fee Board shall make written findings of fact and conclusions of law, and apply the standards in this Section 2.5, Administrative Calculation of Fee. If the Transportation 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 Transportation Impact Fee Board have the authority to negotiate the amount of the fee or waive the fee unless the waiver is in accordance with this Section 2.4.A, Waiver by the Board of Commissioners. The decision of the Transportation Impact Fee Board shall be final. 2.6 CREDITS A. General Standards. Any Person causing the Commencement of a Traffic-Generating Development may apply for credit against transportation 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 for Transportation Capital Improvements. ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 11 Exhibit B Engineering Criteria Manual Credits for contributions, construction, or dedication of land for Transportation Capital Improvements shall be transferable within the same development, but shall only be used to offset Transportation Impact Fees for the same development. 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 Transportation Capital Improvement. The credit shall not exceed the amount of the Transportation Impact Fees due and payable for the proposed Traffic-Generating Development, except pursuant to this Section 2.6.B, Capital Contribution Front-Ending Agreement. B. Credit Agreement. Eagle County may enter into a Credit Agreement with any Person causing the Commencement of a Traffic-Generating Development who proposes a qualifying contribution to the construction of Transportation Capital Improvements in order to obtain a credit and offset transportation impact fees as set forth under Section 2.6.A.. Examples of work eligible to offset the collection of transportation impact fees through a Credit Agreement may include, but are not limited to, the contribution of materials for the future construction of Transportation Capital Improvements, construction of Transportation of Capital Improvements, and dedication of property to the public. To the extent that the fair market value of the construction of these Transportation Capital Improvements exceeds the obligation to pay impact fees for which a credit is provided pursuant to this Section 2.6.A, General Standards, the Capital Contribution Front-Ending Agreement may provide proportionate and fair share reimbursement equal to the impact fees. C. Impact Fee Credits. The following provisions apply to credits for Transportation Capital Improvements completed after May 15, 2001. 1. The determination of any credit shall be undertaken through the submission of an Application for Credit Agreement,which shall be submitted to the Transportation Impact Fee Committee. i. The application for a Credit Agreement shall include the following information: (a) 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. (b) 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. (c) If the proposed application involves credit for construction, the applicant shall provide the proposed plan of the specific construction prepared and certified by ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 12 Exhibit B Engineering Criteria Manual 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. D. Procedure for Review of Credit Applications. Within ten (10) working days of receipt of the proposed Application for Credit Agreement, the Transportation Impact Fee Committee shall determine if the application is complete. If it is determined that the proposed Agreement is not complete, the Transportation Impact Fee Committee shall send a written statement to the applicant outlining the deficiencies. The Transportation Impact Fee Committee shall take no further action on the proposed Application for Credit Agreement until all deficiencies have been corrected or otherwise settled. The application for credit will be considered withdrawn if the applicant has not responded in ninety(90)working days. 1. Once the Transportation Impact Fee Committee determines the proposed Application for Credit Agreement is complete, it shall be reviewed within thirty(30)working days.The Application for Credit Agreement shall be approved if it complies with the standards in this Section 2.6.C, Impact Fee Credits. 2. If the Application for Credit Agreement is approved by the Transportation 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. 3. Credit Agreements 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. E. Appeal of Credit Decision. A Fee Payer affected by the decision of the Transportation Impact Fee Committee regarding credits may appeal such decision to the Transportation Impact Fee Board by filing with the Transportation Impact Fee Committee, within ten (10) working days of the date of the written decision, a written notice stating and specifying briefly the grounds of the appeal.The Transportation Impact Fee Committee shall place such appeal on the Transportation Impact Fee Board's agenda for the next available meeting.The Transportation Impact Fee Board, after a public hearing, shall affirm or reverse the decision of the Transportation Impact Fee Committee based on the standards of this Section 2.6, Credits. If the Transportation Impact Fee Board reverses the decision, it shall direct the Transportation Impact Fee Committee to readjust the credit in accordance with its findings. The decision of the Transportation Impact Fee Board shall be final. 2.7 BENEFIT DISTRICTS A. Establishment. For the purpose of further ensuring Fee Payers receive sufficient benefit for fees paid,•two Benefit Districts (the Roaring Fork Benefit District and Central Valley Benefit District) are established in the County. The Benefit Districts are shown in this Section 2.15, Transportation Impact Fee Benefit Districts. ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 13 Exhibit B Engineering Criteria Manual B. Expenditure. Impact fee funds shall be spent within the Benefit District 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 Benefit Areas may be used to fund capital improvements for that road. The expenditure of impact fee funds shall be limited to those Transportation Capital Improvement projects included in the Transportation 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 the Transportation CIP. C. Establishment of Trust Fund. Eagle County hereby establishes the Transportation Impact Fee Trust Fund for the purpose of ensuring that Fee Payers receive sufficient benefit for transportation impact fees paid. Each Participating Municipality shall also establish a trust fund in their regulations into which transportation 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. D. Deposit in Trust Fund/General Requirements for Trust Fund. 1. All transportation impact fees collected by the Impact Fee Administrator shall be immediately deposited into the Trust Fund. 2. All transportation impact fees collected by a Participating Municipality shall be immediately deposited into that Participating Municipality's Trust Fund. 3. All refunds of Trust Fund monies received from CDOT or other agencies shall be immediately deposited into the Trust Fund. 4. 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. Records of each trust fund account shall be available for public inspection. 5. 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. Records of the Trust Fund shall be available for public inspection in the Impact Fee Administrator's office, during normal business hours. E. 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. F. Annual Recommendation for Expenditure of Fees. Each year, at the time the annual County budget is reviewed, the Transportation Impact Fee Committee shall recommend appropriations to be spent from the Trust Fund to the Transportation Impact Fee Board. After review of the recommendation, the Transportation 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 Transportation Capital Improvement projects on the Transportation CIP included in the most recent Transportation Impact Fee Study, or for preparing updates to the CIP, updates to the Transportation Plan, or supporting studies.Any ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 14 Exhibit B Engineering Criteria Manual amounts not appropriated from the Trust Fund together with any interest earnings shall be carried over to the following fiscal period G. Annual Report on Expenditures. Each year, after the decision of the Transportation Impact Fee Board about the expenditure of impact fee appropriations, the Transportation Impact Fee Committee shall prepare an annual report to the County and Participating Municipalities identifying the projects for which the Transportation Impact Fee Board has approved funds. 2.8 REFUNDS A. 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. Fees shall be deemed to be spent on the basis of the first fee collected shall be the first fee spent. B. Refund Procedure. The refund shall be administered by the Transportation Impact Fee Committee, and shall be undertaken through the following process: 1. A request for a refund shall be submitted in writing to the County Engineer 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 request shall include the following information: i. A copy of the dated receipt issued for payment of the fee; ii. A copy of the Building Permit; and iii. If necessary, evidence that the applicant is the successor in interest to the Fee Payer. 2. Within ten (10) working days of receipt of the request for refund, the Transportation Impact Fee Committee shall determine if it is complete. If the Transportation 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 Transportation Impact Fee Committee shall take no further action on the Refund Application. The application for refund will be considered withdrawn if the applicant has not responded in ninety(90)working days. 3. When the Transportation Impact Fee Committee determines the Refund Application is complete, it shall be reviewed within thirty (30) working 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 2.8, Refunds. The refund shall include the fee paid without interest. C. Appeal of Refund Decision.A Fee Payer affected by a decision of the Transportation Impact Fee Committee may appeal such decision to the Transportation Impact Fee Board by filing with the Transportation Impact Fee Committee within ten (10) working days of the date of the written decision, a written notice stating and specifying briefly the grounds of the appeal. The Transportation Impact Fee Committee shall place such appeal on the Transportation Impact Fee Board's agenda. The Transportation Impact Fee Board, after a hearing, shall affirm or reverse the decision of the Transportation Impact Fee Committee based on the standards in this Section 2.8, Refunds. If the Transportation Impact Fee Board reverses the decision of the Transportation Impact Fee Committee, it shall direct the Committee to readjust the refund in accordance with its findings. In no case shall the Transportation ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 15 Exhibit B Engineering Criteria Manual Impact Fee Board have the authorityto negotiate the amount of the refund.The decision of p the Transportation Impact Fee Board shall be final. 2.9 REVIEW,ASSESS,AND UPDATE TRANSPORTATION IMPACT FEE A. Review Every Five Years. At least once every five (5)years, the Transportation Impact Fee Committee may recommend to the Transportation Impact Fee Board and to the County and Participating Municipalities whether any changes should be made to the Transportation Plan, Transportation Impact Fee Study, Transportation 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 transportation impact fees will not exceed a proportionate share. To be amended, the Transportation CIP must be approved by Eagle County and all Participating Municipalities. 2.10 FINAL DETERMINATION BEFORE PERMIT APPROVAL A. Permit Approval. No Building Permit for the development or other associated actions of Eagle County having the effect of permitting the development of land shall be approved before final, un-appealable determination of the Transportation Impact Fee has been made, if applicable. ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 16 w. Exhibit B Engineering Criteria Manual 2.11 TRANSPORTATION IMPACT FEE SCHEDULE RESIDENTIAL 1,000 or less $1,124 , $828 $1,952 1,001 to 1,500 $2,046 ' $1,483 $3,529 1,501 to 2,000 $2,707 $1,955 $4,662 2,001 to 2,500 ' $3,210 $2,311 $5,521 2,501 to 3,000 $3,629 $2,610 $6,239 3,001 to 3,500 $3,975 $2,863 $6,838 3,501 to 4,000 $4,283 $3,070 $7,353 4,001 to 4,500 $4,551 $3,266 $7,817 4,501 to 5,000 $4,793 $3,438 $8,231 5,001 or more $5,009 , $3,588 • $8,597 NON-RESIDENTIAL } Industrial $2,327 $500 $2,827 Retail/Restaurant $7,086 $730 $7,816 Office&Other • $4,571 $920 $5,491 Services Lodging(per room) _ $1,572 $40 $1,61,2 • 'Floor Area as defined in the ECLUR 2 Road Impact Fee and Trail Impact Fee are provided above for information only. The Total Transportation Impact Fee shall be the fee owed. ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 17 Exhibit B Engineering Criteria Manual 2.12 TRANSPORTATION IMPACT FEE CALCULATED BY TRIPS 12.12.1 RESIDENTIAL USE Number of Average Annual Daily Trips(adjusted to Passenger Car Equivalent) `` 0.55adjustment factor for inbound Trips, including commuting adjustment 6.07 average miles per Trip x. 1.14 Trip length adjustment factor for residential development x $171.82 growth cost per VMT(vehicle miles of travel) Transportation Impact Fee for Residential Development Based on Trips . Simplified to$653,93 per Trip+Trail Impact Fee 12.12.2 INDUSTRIAL USE Number of Average Annual Daily Trips(adjusted to Passenger Car Equivalent) x 0.50 adjustment factor-for inbound Trips, including commuting adjustment x b 6.07 average miles per Trip 0.90 Trip,Iingih adjustment factor for residential development x $171.82 growth cost per VMT(vehicle miles of travel) •• 4r} =' Transportation Impact Fee for Industrial Development Based on Trips Simplified to$469.33 per Trip+" 500 per 1.000 Square Feet or Fraction Thereof ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 18 Exhibit B Engineering Criteria Manual 12.12.3 RETAIL/RESTAURANT USE Number of Average Annual Daily Trips(adjusted to Passenger Car Equivalent) • x 0.24 adjustment factor for inbound Trips,including commuting adjustment x 6.07 average miles per-Trip x • • 0.75 Trip length adjustment factor for residential development x $171.82 growth cost per VMT(vehicle miles of travel) Transportation Impact Fee for Retail/Restaurant Development Based on Trips, Simplified to$187.74 per Trip+$730 per 1:000 Square Feet or Fraction Thereof ' 12.12.4 OFFICE&OTHER SERVICES USE Number of Average Annual Daily Trips(adjusted to Passenger Car Equivalent) x 0.50 adjustment factor for inbound Trips,including commuting adjustment x 6.07 average miles per Trip x 0.90 Trip length adjustment factor for residential development • x $171.82 growth cost per VMT(vehicle miles of travel) Transportation Impact Fee for Office&Other Services Development Based on Trips. Simplified to$469.33 per Trip+$920 per 1.000 Square Feet or Fraction Thereof • ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 19 Exhibit B Engineering Criteria Manual CHAPTER 3 REGULATIONS FOR WORK IN THE PUBLIC RIGHT-OF-WAY 3.1 DEFINITIONS Applicant means and includes any Person, as herein defined below, who makes application for a Permit to Work within the Right-of-Ways of Eagle County. The Applicant shall be the party who proposes to coordinate and/or perform the construction and/or be responsible for warranty period obligations. Board means the Board of County Commissioners of the County of Eagle, State of Colorado. Construction and Restoration Standards, Specifications, and Details means such Construction and Restoration Standards, Specifications, and Details as set forth in Section 3.6, Construction and Restoration Standards, Specifications, and Details of this ECM. Construction Season means April 15 through November 15 of each calendar year. County means the County of Eagle, State of Colorado. C.R.S. means the Colorado Revised Statutes. Eagle Valley Trail Right-of-Way means the sections of the Eagle Valley Trail System and the respective easements managed by the ECO Trails Department of Eagle County. Emergency means any unforeseen circumstance or occurrence requiring immediate or prompt action to alleviate danger to Persons or property, i.e., to maintain the integrity of existing utility services. Engineer means the Eagle County Engineer, or the Eagle County Engineer's authorized representative. Improved Roadway means all roadways within the County above the quality of Untreated Gravel. Longitudinal Installations means those installations which are more or less parallel to the Right-of-Way centerline, and running with the Right-of-Way. MUTCD means Part VI of the latest version of the "Manual on Uniform Traffic Control Devices for Streets and Highways," with official revisions, published by the Federal Highway Administration, and the latest version of the Colorado Supplement to said Manual as prepared by the Colorado Department of Transportation. Permit means a permit to Work within the Right-of-Way of Eagle County. Permittee means and includes any Person who is issued a Permit to Work within the Right-of-Way of Eagle County. The Permittee shall jointly be the Applicant,the owner of the proposed facility, and the eventual operator/maintainer of the proposed facility in the event another party will operate and maintain the facility upon completion. The Applicant shall assume those obligations associated with the construction, including the collateral, insurance, and correction period obligations. The owner or, upon transfer, operator/maintainer of the proposed facility shall assume those obligations associated with the ownership, operation and maintenance of the facility. All parties may be required to sign the permit, as determined by the Engineer. ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 20 Exhibit B Engineering Criteria Manual Person or Entity means and includes an individual or group of individuals, any corporate entity, a company, a firm, a partnership, a limited liability company, an association, a social or fraternal organization, an estate, a business trust, an estates trust, a receiver, a syndicate, a manager, an agent, an owner, a director, an employee, an officer, a city, town, state agency or other branch of government, or any other group or combination acting as a unit. Public Utility Company shall have the same definition as Section 40-1-103, C.R.S. Regulations mean the Requirements for Work Within the Right-of-Way of Eagle County as set forth in Chapter 2 of the Eagle County Engineering Criteria Manual. Right-of-Way means and includes all public drainage easements, rights-of-way, and roads under the control and jurisdiction of the County of Eagle, State of Colorado. The Right-of-Way shall also include the Eagle Valley Trail Right-of-Way. A Right-of-Way within the scope and intent of this ECM shall include, by way of example only, drainage easements, public ways, rights-of-way, and roads over private lands dedicated to public uses by deed, subdivision plat, or other legal document to that effect, filed with the Eagle County Clerk and Recorder, when such dedication has been accepted by the Board; drainage easements, rights-of-way, and roads over private or other lands dedicated to public uses by due process of law or court order and not heretofore vacated by an order of the Board duly entered of record in the proceedings of the Board; drainage easements, rights-of-way, and roads over private lands that have been used adversely without interruption or objection on the part of the owners of such lands for eighteen consecutive years, and of which the Board has overtly exerted some degree of ownership control thereon; and drainage easements, rights-of-way, and roads over the public domain, whether agricultural or mineral, of which the Board by and through its overt actions has assumed the responsibility and obligation for maintenance and control thereof. Road Prism means that portion means that portion of the right-of-way: 1. Between the edge of shoulder or two (2) feet outside the edge of pavement, whichever is greater 2. Between two(2)feet outside of the back of curb(if curb exists) 3. Between two(2)feet outside the back of sidewalk, path, or trail (if any exists) 4. Between the edge of shoulder for any gravel or unpaved roadway Special Conditions mean conditions placed on the permit by the Engineer to tailor the permit to the special circumstances of the proposed construction. Special Conditions may waive, change, or add to the Regulations. Special Districts mean any service authority, school district, local improvement district, water, sanitation, fire protection, metropolitan, irrigation or drainage district, or any other kind of municipal, quasi-municipal, or public corporation organized pursuant to law, including by way of example only,the Special District Act, Section 32-1-101, et. sea., C.R.S. Transverse Installations mean those installations which cross the Right-of-Way more or less perpendicularly. Unimproved Roadway means all roadways within the County at or below the quality of Untreated Gravel. Untreated Gravel means a roadway which has not received hard surfacing, chemical stabilizers, or geotechnical fabric. ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 21 Exhibit B Engineering Criteria Manual Work means to construct, reconstruct, build, rebuild, make, remake, block, or alter any opening, excavation, tunnel, utility, pipeline, cable, sidewalk, curb,gutter, driveway,travel way, or street, or to perform other Work of any kind within the Right-of-Way which will result in the physical alteration thereof either temporarily or permanently. Work shall also include parking in the Right-of-Way. Work Site means the same as Work Zone Work Site Improvements mean, but are not limited to, fences, roads, parking, drainage, pedestrian, and utility appurtenances; recreational facilities; yard accessories and vegetative cover existing on or adjacent to the Work Site prior to the start of construction. Work Site Restoration means the restoring of all areas on or adjacent the Work Site disturbed during construction to at least the same or equal condition that existed before said construction commenced, and shall include, but not be limited to, special backfill material, backfilling, clean-up, repaving, overlaying, repairs, reseeding, and other work necessary to place the site in a condition acceptable to the Engineer. Work Zone means an area of a Right-of-Way with Work activities marked, typically by signs, channelizing devices, barriers, pavements markings, and/or work vehicles. 3.2 GENERAL REQUIREMENTS 13.2.1 REPEAL OF PRIOR RESOLUTION, REGULATIONS AND/OR AMENDMENTS Upon the effective date of these Regulations, the Eagle County Road Cut Permit and Road Construction Permit Resolution of August 13, 1979, and any amendments thereto are hereby repealed. The repeal of the aforementioned Resolution and any amendments thereto shall not revive any other resolution or portion repealed by said Resolution or amendments thereto; and such repeal shall not affect nor prevent the prosecution or punishment of any Person for the violation of any resolution or amendment repealed hereby for an offense committed prior to the repeal. 13.2.2 CONSTRUCTION OF REGULATION These Regulations shall be regarded as remedial and shall be liberally construed so as to affect the intention hereof to protect and preserve the public Rights-of-Ways of the County for all uses thereof, and for the protection of the people of the County and of all Persons using or relying upon the public Rights-of-Ways of the County. 13.2.3 AUTHORITY Authority for the administration and enforcement of these Regulations is derived from Sections 30-11-101, 30-11-107, 29-20-101, et. seq., Chapt, et. seq., 38-5-101, et. seq., 42-4-102, 42-4-103, 42-4-110.5, 42-4-111, 42-4-511, 42-4-512, 43-2-101 et. seq., and 32-1-1006, respectively, C.R.S. Should further authorizing legislation exist or be enacted, these Regulations are additionally deemed to be enacted pursuant thereto, except to the extent it may be inconsistent therewith. 13.2.4 UNLAWFUL TO CONSTRUCT IN OR ON ANY RIGHT-OF-WAY WITHOUT PERMIT It shall be unlawful for any Person to Work in the Right-of-Way unless such Person shall first have obtained a Permit for the performance of such Work, and unless such Work shall be performed in conformity with the terms and provisions of this ECM, of the Permit or Permits issued hereunder, and of any Special Conditions issued incident thereto, except as hereinafter specifically provided. ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 22 Exhibit B Engineering Criteria Manual 3.3 ENCROACHMENT EASEMENT AGREEMENT A. Applicability. Facilities or other improvements under private ownership and maintenance (the "encroachment") may not be built, constructed, or otherwise placed in the public right-of-way unless a non-exclusive, revocable encroachment easement agreement has been approved and signed by the Board. B. Process. 1. Any Person or Entity may apply for an encroachment easement agreement. The Applicant must be the Person or Entity who will own and maintain the proposed encroachment. The Applicant will be required to demonstrate the proposed encroachment will not threaten the health, safety, and welfare of the traveling public or adversely affect or impede County road maintenance and repair operations. This demonstration may include site distance analysis performed by a licensed professional engineer,visual mockups, or other documentation required by the County Engineer. 2. The County Engineer will determine whether an encroachment easement agreement can be supported based on the factors set forth in this Section 3.3.B.1, Process. If it is determined an agreement cannot be supported, the County Engineer will notify the Applicant in writing as to the basis for the determination. If it is determined an agreement can be supported, the County Engineer shall draft the encroachment easement agreement with the assistance of the County Attorney's office. The Person or Entity shall be responsible for producing an exhibit for the agreement that is acceptable to the County Engineer. This exhibit shall at a minimum: i. Be drawn to scale ii. Identify and dimension the proposed encroachment iii. Identify the Right-of-Way iv. Identify and label all existing and proposed features 3. The Applicant shall sign the encroachment easement agreement and return to the County Engineer. 4. The County Engineer shall submit the signed encroachment easement agreement to the Board for review. Submission to the Board shall constitute a recommendation of staff approval. 5. The Board may approve, deny, or request alterations to any proposed encroachment easement agreement. 6. If approved, an encroachment easement agreement shall be recorded with the Eagle County Clerk & Recorder. The Applicant shall be responsible for all document recording fees. C. Compliance with Land Use Regulations. Proposed encroachments must conform to all provisions of the ECLUR. D. Permit Required. Work performed to establish, maintain, or replace an encroachment under an executed encroachment easement agreement is subject to County permitting. A Permit for Work in the Right-of-Way is required to construct an approved encroachment. County building, sign, or floodplain development permits and/or state and federal permits may also be required. The encroachment easement agreement should be approved and ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 23 Exhibit B Engineering Criteria Manual recorded with the Eagle County Clerk and Recorder prior to issuance of any development permits. 3.4 PERMITS FOR WORK IN THE RIGHT-OF-WAY 13.4.1 EXEMPTIONS FROM PERMIT REQUIREMENTS A. Driveways. Driveways for which a building or grading permit is obtained may not require a Permit for Work in the Right-of-Way provided that detailed driveway plans have been submitted and specific approval given to the proposed driveway, or driveways, under a County issued building or grading permit. B. Work Authorized by Subdivision Improvements Agreement. Construction of subdivision streets, appurtenances, and utilities within the Right-of-Way may require a permit under this ECM. Construction for which detailed construction plans and construction specifications have been submitted, reviewed, and approved as a part of the subdivision review process under the ECLUR shall not require a permit, providing the construction occurs within seven (7) years of said approval. Construction for which detailed construction plans and construction specifications have not been submitted, reviewed, and approved as part of the subdivision review process under the ECLUR shall require a permit. Utilities and appurtenances determined to not require a permit are nevertheless specifically subject to the Section 3.5.5, Listing of Facilities in Rights-of-Way and Section 3.4.2, Emergency Work sections of this ECM. C. Public Drainage Easements. Work within public drainage easements shall require a permit under this ECM provided that detailed plans have been submitted and specific approval given under a County issued building or grading permit. However, landscape improvements which will not have a negative impact on drainage ways within the above mentioned easements are exempt from this requirement. In general, it is the intent of this provision to concentrate upon protecting the integrity of drainage ways through platted subdivisions. 13.4.2 EMERGENCY WORK A. Circumstances. Any Person or Entity maintaining utilities or facilities in the Right-of-Way may proceed with Work upon existing facilities without a Permit to Work within the Right-of-Way when Emergency circumstances demand the work be done immediately, provided a Permit to Work within the Right-of-Way could not reasonably and practicably have been obtained beforehand. 1. Failure to comply with the permit application requirement of this Section 3.4.2.B, Application Requirement is subject to the additional investigation fee in accordance with the provisions of this Section 3.4.5.E, Investigation Fee. B. Application Requirement. Any Person commencing Emergency Work in the Right-of-Way without a Permit shall immediately thereafter apply for a Permit on the first regular working day that County offices are open. A Permit to Work within the Right-of-Way shall be issued, pursuant to the provisions and conditions of this ECM, and shall be retroactive to the date when the Work was begun. C. Obligation to Follow MUTCD. Nothing in this section shall be so construed or interpreted as to relieve the Person or Entity performing the above mentioned Emergency Work of its responsibility to post and maintain necessary construction zone traffic control in accordance with the MUTCD while performing said Emergency Work. ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 24 Exhibit B Engineering Criteria Manual D. Construction Season. Whenever seasonal circumstances prevent adherence to Section 3.6, Construction and Restoration Standards, Specifications, and Details of this ECM, the Person or Entity performing the Emergency Work shall be required to perform the necessary Work for conformance with above mentioned standards as soon as seasonal circumstances allow. 13.4.3 PERMIT CLASSIFICATIONS 3.4.3.1 ANNUAL PERMITS A. Annual Permits. Annual Permits may be issued to Persons or Entities operating and maintaining utilities within the Right-of-Way for Work involving service installations and maintenance. This Annual Permit would cover those service installations which would be located beyond the shoulder point; or where a ditch exists, beyond the ditch; or which would not require a depth of excavation exceeding forty-eight(48) inches, nor involve a longitudinal run in the Right-of-Way of adjacent roadways exceeding fifty(50) lineal feet in each instance. The Annual Permit would cover all installations in lot line drainage easements. Additionally, repairs to existing utilities and their appurtenances that have been damaged during construction by others, may be done under the Annual Permit when the repair is done at the time the damage occurred. The Annual Permit shall be valid for the term of one Construction Season only and may be renewed annually. B. Exceptions. All Work done under the Annual Permit is subject to the provisions of this Chapter 3, except: 1. Application Materials. An Annual Permit application must only include the complete application form, certificate of insurance, and permit review fees. All other application materials identified in this Section 3.4.4.A, Application Materials, are waived. 2. Notification. Notification to the Engineer, according to this Section 3.4.2.A.1, Conditional Inspection, is not required unless a portion of the Work will extend into the Right-of-Way beyond the limits mentioned above. 3.4.3.2 MINOR PERMITS A. Minor Permits. Work outside of the Road Prism which does not meet the criteria for an Annual Permit shall be classified as a Minor Permit. 3.4.3.3 MAJOR PERMITS A. Major Permits. Work inside the Road Prism which does not meet the criteria for an Annual Permit shall be classified as a Major Permit. 3.4.3.4 EAGLE VALLEY TRAIL PERMIT A. Eagle Valley Trail Permit.Work within the Eagle Valley Trail Right-of-Way shall be classified as an Eagle Valley Trail Permit. 13.4.4 APPLICATIONS FOR PERMITS A. Application Materials. The following materials shall be provided with each application for the Permit to Work in the Right-of-Way unless specifically waived by the Engineer. ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 25 Exhibit B Engineering Criteria Manual 1. Complete Application Form. The application form can be found on the Eagle County Engineering website or in the office. 2. Complete Application Checklist. The application checklist can be found on the Eagle County Engineering website or in the office. 3. Certificate of Insurance. See Section 3.4.7, Certificate of Insurance of this ECM for requirements. 4. Vicinity Map. An eight and one-half inch by eleven inch (8 V2"x 11")vicinity map, locating the Work Zone within Eagle County. The map shall, at a minimum, have a scale bar and clearly identify the subject parcel(s)and public Rights-of-Ways. 5. Site Plan. The site plan must include a north arrow, scale, street labels, address, dimensions, driveways and sidewalks, road platform, shoulders, location of the excavation, location of all utilities, and the utility type, size, and material that is being connected (if applicable). 6. Temporary Traffic Control Plan. A temporary traffic control plan shall describe temporary traffic control measures to be used for facilitating road users through a Work Zone or an incident area. Plans shall demonstrate advance warning area,transition area, activity area, traffic control devices, signs, channelizing devices, warning lights, flagger stations, tapers, and conform to the MUTCD. Plans shall conform to additional provisions found in this Section 3.4.8,Temporary Traffic Control. 7. Restoration Plan. A restoration plan in accordance with this Section 3.5.5.b.ii, Restoration. 8. Revegetation Plan. Any disturbed area 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. 9. Additional Application Materials. Including but not limited to: i. Permission from Utility Owner. Written evidence that the utility company has approved the connection to an existing utility. ii. Subsurface Utility Engineering. A subsurface utility engineering investigation in accordance with Sections 9-1.5-103 and 9-1.5-104.2 et. seq., C.R.S. iii. Erosion and Sediment Control. A temporary erosion and sediment control plan may be required to accompany any permit application at the Engineer's discretion. All Work meeting the applicability criteria set forth in ECLUR Section 4-665.A.2 shall comply with ECLUR Section 4-665, Erosion Control Standards. iv. 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 U.S. Environmental Protection Agency in accordance with the Clean Water Act and the National Pollutant Discharge Elimination System ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 26 Exhibit B Engineering Criteria Manual v. Floodplain Development Permit. A floodplain development permit is required for any Work proposed in, on, or over lands within the unincorporated area of Eagle County pursuant to ECLUR Article 3 Section 3-350, Floodplain Overlay Zone District. vi. Building Permit. A building permit is required for any Work meeting the requirements outlined in the Eagle County Building Resolution. vii. Detailed Plans. When necessary, in the judgment of the Engineer, to fully determine the relationship of Work proposed to existing or proposed facilities in the rights-of-way, or to fully determine whether the Work proposed complies with the Construction and Restoration Standards, Specifications, and Details, the Engineer may require the filing of engineering plans, specifications, and sketches showing the proposed Work in sufficient detail to allow determination of such relationship or compliance, or both. These plans or sketches shall be in addition to the site plan mentioned immediately above viii. Other Materials. Additional application materials may be required by the Engineer to demonstrate compliance with all applicable laws and regulations of the county, state and federal governments. The Engineer has the right to require additional materials or waive certain application materials as deemed appropriate for the proposed Work in the Engineer's sole discretion. 13.4.5 PERMIT FEES A. Time of Fee Obligation and Payment.A permit review fee shall be required prior to permit issuance for each Permit to Work within the Right-of-Way. Permit review fees must be paid at the time of application submission. An application review will not begin until the permit review fee is paid. B. Permit Review Fee Schedule. Permit Classification Permit Review Fee Annual $100.00 Minor $150.00 Major $300.00 Eagle Valley Trail $150.00 C. Exemptions. Permit review fees may be waived in writing by the Engineer when the proposed Work falls within any of the following categories: 1. Temporary parking in the Right-of-Way(cranes, modular shipment, etc.) 2. Utility potholing 3. All activity within drainage easements not included under the category of an Annual Permit 4. Work performed directly by the County 5. Work as determined by the Engineer • ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 27 Exhibit B Engineering Criteria Manual Only the Permit fees may be waived. Some or all of the application materials listed in this Section 3.4.4, Applications for Permits, may still be required. Applicable application materials shall be determined by the Engineer. D. Refunds. Permit fees shall be placed in the General Fund of the County and may be used to offset the cost of administration, random inspection, and spot checking of the Work performed in the Right-of-Way. Permit fees may be partially refunded prior to or after Permit issuance when the proposed construction is canceled or substantially reduced within the Right-of-Way. Otherwise, Permit fees are non-refundable. E. Investigation Fee. When Work commences before Permit issuance, an investigation fee, in addition to the review Permit fee, may be collected whether or not a Permit is then or subsequently issued. The minimum investigation fee shall be four times the Minor Permit review fee set forth in this Section 3.4.5.B, Permit Review Fee Schedule.The payment of such investigation fee shall not exempt any Person from compliance with all other provisions of this ECM nor from any penalty prescribed by law. F. Additional Fees. When administration and inspection costs exceed the fee paid by the Applicant due to re-inspection of areas that have failed, the Applicant may be billed for these additional costs. When billed, failing indemnification by the Applicant, the County may withdraw the additional cost amount from the collateral provided by the Applicant. 13.4.6 COLLATERAL FOR FAITHFUL PERFORMANCE A. Time of Collateral Obligation and Method of Payment. Each and every Applicant for a Permit to Work within the Right-of-Way, except as hereinafter exempted, shall be required hereunder to provide the County, at the time of Permit issuance, with collateral as security for the faithful performance of all provisions of this ECM and of the Permit. Said collateral shall be a cash deposit, irrevocable letter of credit, certificate of deposit issued by a bank within the State of Colorado, or surety bond as approved by the County Attorney. Collateral • submitted as a cash deposit shall be deposited with the Office of the County Treasurer, and shall be non-interest bearing. Facilities already collateralized by a Subdivision Improvements Agreement under ECLUR Chapter 2 Section 2-110 are exempt from these collateral requirements. Work in public drainage easements or Work in the Right-of-Way which does not physically alter the Right-of-Way shall be excluded from the collateral requirement. ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 28 Exhibit B Engineering Criteria Manual B. Collateral Fee Schedule. Minor Permit Collateral Fee Any Surface 5 50 linear feet $500.00 Any Surface >50 linear feet $500.00 +$1.00/foot for each foot beyond the first 50 feet Major Permit Collateral Fee Dirt/Gravel 5 25 linear feet $500.00 Dirt/Gravel >25 linear feet $500.00 +$5.00/foot for each foot beyond the first 25 feet Paved <_25 linear feet $2,000.00 Paved >25 linear feet $2,000.00 + $50.00/foot for"each foot beyond the first 25 feet Eagle Valley Trail Collateral Fee Any Surface 5 25 linear feet $2,000.00 Any Surface >25 linear feet $2,000.00 + $50.00/foot for each foot beyond the first 25 feet C. Collateral. For any calendar year, the first two thousand dollars ($2,000.00) of collateral required by this ECM must be in the form of a cash deposit, irrevocable letter of credit, or certificate of deposit issued by a bank within the State of Colorado. Any additional collateral for one Permit, or the cumulative requirements of multiple Permits, may be in the form of a surety bond, binding the surety with and for the Applicant to the County, for the faithful performance of all provisions of this ECM and the conditions of the Permit(s), specifically including the two season correction period. It is a specific condition of this paragraph that the cash collateral may be applied to any and all of the Applicant's Permits for the construction season in accordance with the collateral conditions of this ECM. D. Corporate Bond. Public Utility Companies may submit for collateral requirements a yearly corporate bond without sureties. Private Utility Companies may submit for collateral requirements a yearly corporate bond without sureties, subject to approval by the Board, based upon that Private Utility Company's financial strength. E. Term of Collateral. The term of the collateral shall run coincident with the term of the Applicant's Permit, as indicated on the face of the Permit by the Construction Schedule, and in addition, shall be in force for the full term of the correction period. ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 29 Exhibit B Engineering Criteria Manual F. Responsibility of Applicant. It shall be the sole responsibility of the Applicant or Permittee to periodically update and ensure that the aforementioned collateral remains in force and effect, and inures to the benefit of the County. 13.4.7 CERTIFICATE OF INSURANCE A. Insurance. As a condition of a Permit under this Chapter, each and every Applicant shall purchase, and upon Permit issuance, each and every Applicant shall maintain in full force and effect for the duration of the Permit, such insurance as will protect the Applicant and the County, its officers, employees, and servants from claims set forth below which may arise out of or result from the Applicant's operations, whether such operations be by the Applicant or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: 1. Claims under workers' or workmen's compensation, disability benefit and other similar employees benefit acts; 2. Claims for damages because of bodily injury, occupational sickness or diseasei or death of the Applicant's employees; 3. Claims for damages because of bodily injury, sickness or disease, or death of any Person other than Applicant's employees; 4. Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any Person as a result of an offense directly or indirectly related to the employment of such Person by the Applicant, or(2) by any other Person; 5. Claims for damages, other than the permitted Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; 6. Claims for damages because of bodily injury or death of any Person or property damage arising out of the ownership, maintenance, or use of any motor vehicle; 7. Claims for damages associated with explosive, collapse, and other underground hazards; 8. Claims for damages arising from completed operations. B. Insurance Coverage. The Applicant shall have and maintain the following insurance coverage with limits of liability not less than those stated below: 1. Workers'Compensation insurance as required by law. 2. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non-owned vehicles. 3. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $1,000,000 aggregate limits." ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 30 Exhibit B Engineering Criteria Manual All other insurance required hereunder shall be written for not less than the maximum amounts required by law. The County Attorney may, in their sole discretion, require increased insurance coverage for specific Permits. C. Certificates of Insurance. Certificates of Insurance acceptable to the County Attorney shall be filed with the County Engineer prior to issuance of any Permit under this ECM. At a minimum, such Certificates shall name the County as an additional insured, and shall contain a provision that coverages afforded under the policies will not be canceled until at least thirty days prior written notice has been given to the County. D. Public Utility Companies. A Public Utility Company may be relieved of the obligation of submitting certificates of insurance if it shall submit satisfactory evidence in advance that it is insured, or has adequate assets and provisions for self-insurance. A letter signed by the President of the Company will meet this requirement. A Public Utility Company may submit annually evidence of insurance coverage in lieu of individual submissions for each Permit. 13.4.8 TEMPORARY TRAFFIC CONTROL A. Temporary Disruption of Traffic. In order to perform the proposed Work, temporary traffic disruptions may be authorized by the Engineer on a case by case basis. If approved by the Engineer, the Applicant shall be required to follow all notification requirements outlined in this Section 3.4.14, Notices to Owners and Tenants Abutting and Adjoining. Any additional requirements of the disruption shall be listed as the Special Conditions on the Permit. B. Road Closures. Advance authorization of the Board and advance notification to the Sheriffs Office, Fire Department, Ambulance services, other affected agencies, and the public is required. Alternate routes for users of the affected roadway shall be provided in advance of any other construction. C. Emergency Vehicle Access. In no case shall the Applicant, by reason of the Work being performed in the Right-of-Way, be allowed to impede the progress of any emergency vehicle(s). In the event an emergency vehicle(s) approaches the Work Site, the Applicant shall be responsible for ceasing and desisting all Work in the Right-of-Way except that which is necessary to allow the immediate passage of said emergency vehicle(s). 13.4.9 REVIEW AND APPROVAL OR DISAPPROVAL OF APPLICATION A. Complete Application. Application review will not begin until an application is deemed complete. An application is deemed complete when all materials specified in this Section 3.4.4.A, Application Materials, and the Permit review fee have been submitted to the Engineer. B. Review. Once the application is deemed complete, the Engineer shall review the application for conformance with the provisions of this ECM and shall suspend, approve, or disapprove the application and its attachments within five(5)working days. C. Disapproved Applications. If the application is disapproved, the Engineer shall state in writing to the Applicant the reason for the disapproval. The Engineer shall review any revisions or additions to a disapproved application with the provisions of this Chapter and shall approve or disapprove the application and its attachments within five(5)working days. This cycle shall continue until the application is void, withdrawn, or the Permit is issued. ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 31 Exhibit B Engineering Criteria Manual D. Dormant Applications. When an application is disapproved, the Applicant shall have thirty (30) working days to submit revisions or additions to the application for consideration. If the Applicant has not responded in writing within thirty (30) working days, the application shall be deemed void and fifty(50) percent of the Permit review fee will be retained to cover costs of the County's review and the balance shall be refunded to the Applicant. E. Approved Applications. If the application is approved, the Engineer shall sign and date the application in the designated place. The Engineer shall immediately thereafter prepare the Permit, along with any necessary Special Conditions thereto in accordance with this ECM,for the Applicant's signature. The Permit shall only be valid upon signature of the Engineer.The Engineer may require that the Permit be signed by the facility owner and eventual operator/maintainer in addition to the party constructing the facility in order to affect the long term ownership, operation, and maintenance requirements of this ECM. Any Person representing to be an authorized agent may be required to furnish concurrently with their signature a notarized affidavit or power of attorney, satisfactory in form and substance to the County Attorney, evidencing that said person has been duly delegated the legal authority and power to sign and bind the party said person represents to all requirements of this ECM and any Special Conditions. F. Authority of Engineer. In approving or disapproving applications for Work in the Right-of-Way, or Permits therefore; in checking plans, specifications, and sketches; in the inspection of Work in the Right-of-Way; and generally in the exercise of the authority conferred upon the Engineer by this Chapter,the Engineer shall only act in such a manner as to preserve and protect the integrity of the Right-of-Way and the use thereof. The Engineer shall have no authority to govern the actions or inactions of Applicants and Permittees or other Persons which have no relationship to the use, preservation, or protection of the Right-of-Way. G. Additional Permits. Issuance of a Permit to Work within the Right-of-Way by the County, pursuant to this ECM, shall in no way be interpreted as relieving the Applicant from the requirement of obtaining any and all necessary permits from other governing agencies including, but not necessarily limited to: 1. Army Corps of Engineers 2. Bureau of Land Management 3. Colorado Department of Transportation 4. Colorado Water Quality Control Commission 5. Industrial Commission of Colorado 6. Any incorporated town within the County 7. U.S. Forest Service 8. Public Utilities Commission 13.4.10 COMMENCEMENT OF WORK A. Commencement of Work. No Work shall commence until the Engineer has approved the application and until a Permit to Work within the Right-of-Way has been issued for such Work, except as specifically provided to the contrary in this Chapter. B. Penalty for Work Without a Permit. If the Engineer finds that Work has commenced prior to issuance of a Permit to Work in the Right-of-Way, a penalty fee, in addition to the permit fee, may be collected whether or not a Permit is then or subsequently issued. The penalty fee shall be four times the minimum fee review fee set forth in this Section 3.4.5, Permit ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 32 Exhibit B Engineering Criteria Manual Fees. The payment of such investigation fee shall not exempt any Person from compliance with all other provisions of this code nor from any penalty prescribed by law. C. Responsibility of Applicant. The Applicant will cause the Work to be performed at no expense whatsoever to the County. D. Assignment of Permits. Permits to Work within the Right-of-Way shall not be transferable or assignable and Work shall not be performed under a Permit to Work within the Right-of-Way in any place other than that specified on the Permit. E. Permit at the Work Site. The Applicant's copy of the Permit shall be kept on the Work Site at all times Work authorized under said Permit is in progress. Work may be suspended by the Engineer if no Permit is kept at the Work Site. F. Field Changes and Revisions. When necessary, revisions in the Work under the Permit to meet unanticipated site conditions which have no impact on drainage ways or the road prism may be proceeded with by the Applicant and/or Permittee without notice to the Engineer. Before revisions in the permitted Work to meet unanticipated site conditions that may impact drainage ways or the road prism are commenced, the Applicant and/or Permittee shall notify the Engineer for the purpose of scheduling an on-site review of the revisions and the Engineers authorization of same. In suspending, approving, or disapproving applications for Work in the Right-of-Way, or Permits therefore; in checking plans, specifications, and sketches; in the inspection of Work in the Right-of-Way; and generally in the exercise of the authority conferred upon the Engineer by this ECM, the Engineer shall only act in such a manner as to preserve and protect the integrity of the Right-of-Way and the use thereof.The Engineer shall have no authority to govern the actions or inactions of Applicants and/or Permittees or other Persons which have no relationship to the use, preservation, or protection of the Right-of-Way. 13.4.11 COMPLIANCE WITH CONSTRUCTION AND RESTORATION STANDARDS, SPECIFICATIONS, AND DETAILS • All Work performed in the Right-of-Way shall conform to the requirements set forth in Section 3.6, Construction and Restoration Standards, Specifications, and Details, of this ECM. 13.4.12 PERMIT DURATION AND LIMITS A. Duration of Permit. Each application for a Permit to Work within the Right-of-Way shall state the proposed initial construction commencement date and estimated initial construction completion date, except in the case of Annual Permits. If the application is approved, the Permit shall be valid for the time period specified as the construction schedule on the Permit form. If the Work is not completed during such period,the Applicant shall apply to the Engineer for an extension in writing. The extension may be granted by the Engineer if the terms and provisions of this ECM, of the original Permit(s), and of any Special Conditions issued incident thereto are being satisfied as determined by the Engineer. B. Extension of Permit. An extension may be denied by the Engineer if the Engineer finds that Work under the original Permit(s), or as extended, has not been satisfactorily performed in accordance with the terms and provisions of this ECM, of the Permit(s), or any Special Conditions issued incident thereto. C. Construction Season. Except in the case of emergencies, Permits to Work within the Right-of-Way shall only be issued and/or valid during the Construction Season. If weather ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 33 Exhibit B Engineering Criteria Manual conditions warrant, such period may be extended or curtailed by the Engineer on a case by case basis. Factors to be used by the Engineer shall include the geographical location of the construction, frost penetration, snow cover, roadway conditions as affected by the weather, the urgency of the construction, and the safetyof Right-of-Way users. g Y 13.4.13 COORDINATION WITH EXISTING UTILITIES A. Notification to Utilities. When the Work to be undertaken by the Applicant may affect existing utility installations and/or facilities, either above or below grade, in the vicinity of the proposed Work, the Applicant shall contact the operator/maintainer of such installations and/or facilities, and request"locations" prior to commencement of any excavation. 13.4.14 NOTICES TO OWNERS AND TENANTS ABUTTING AND ADJOINING A. Affected Property Owner Notification. If the Work to be undertaken by the Applicant will affect the access of properties abutting, adjoining, or in the immediate vicinity of the project, the Engineer may require the Applicant to provide a list of all adjacent property owners, or other combination of affected property owners as determined by the Engineer. In addition to submitting a written list, the Applicant shall also submit typed addresses on individual adhesive labels or in the form of pre-addressed envelopes. The Engineer will mail notices to the identified property owners. Notices must be mailed at least ten (10)working days prior to commencement of Work in the Right-of-Way. 13.4.15 EXCAVATION WITHIN PAVED PUBLIC ROADWAYS OR EAGLE VALLEY TRAIL A. Excavation. Permits to Work within the Right-of-Way which would involve excavation within any paved public roadway or the Eagle Valley Trail shall be issued with the provision that said excavation shall only be authorized when the following conditions have been met: 1. Alternate Routes. Alternate routes for the utility or proposed installation which would minimize or negate the necessity to excavate within the affected paved public roadway are not feasible. Said alternate routes may include, but not be limited to, a shift in horizontal alignment of the proposed installation, "double frontage"of the utility main in the case of service connections, making use of nearby easements which would allow an alternate route, etc., and/or: 2. Existing Conduits. There are no useable conduits in place crossing under the affected paved public roadway in an accessible location to the proposed Work Site, and/or: 3. Jacking and Boring. In the case of Transverse Installations, alternate methods of construction, namely jacking or jacking and boring, are not feasible. Said alternate methods shall generally be considered feasible, except as herein provided, unless and until it has been demonstrated by the Applicant that subsurface conditions prevent the possibility of jacking or jacking and boring. This demonstration shall include, but not be limited to, no fewer than three (3) attempts at jacking or jacking and boring, at least one of which has been witnessed by the Engineer,that result in failure in each instance. Instances in which jacking or jacking and boring shall be considered unfeasible at the time of application shall include, but not be limited to: i. Repair of a utility main which lies directly under the pavement, ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 34 Exhibit B Engineering Criteria Manual H. Service connections to the utility main which lies directly under the pavement that cannot make use of an access hole and jacking or boring, iii. Installations where line and grade is absolutely essential to the function of the proposed facility, iv. Instances when the depth of the facility being installed would be in excess of four(4) feet, v. Installations in areas of known geologic difficulty, i.e. rocks and boulders, vi. The Engineer may waive the requirement of jacking or boring, at the time of application,when the condition of the affected paved public roadway is such that it is scheduled to be reconstructed or resurfaced within two (2) years of the time of application, or vii. Situations not mentioned above shall be considered on a case by case basis B. Right of Refusal. Except in the case of Emergency Work, whenever excavation within any paved public roadway or the Eagle Valley Trail occurs without the express written authorization of the Engineer, said excavation shall be considered a violation of the provisions of this ECM and shall render the Applicant subject to such proceedings as provided in this Section 3.4.10.B, Penalty for Work Without a Permit and 3.5.7, Enforcement, and in addition may be cause for refusal by the Engineer to issue future Permits to Work within the Right-of-Way to the Applicant and/or Permittee unless said Applicant and/or Permittee shall have first sought and obtained a hearing before the Board, and has obtained their approval for issuance of said Permits. 13.4.16 INSPECTION A. Inspections will generally be performed on a spot check basis for general conformance with the terms and provisions of this ECM and any Special Conditions of the Permit(s) issued pursuant to this ECM. B. The criteria to which Work within the Right-of-way will be inspected is set forth in this Section 3.6, Construction and Restoration Standards, Specifications and Details.Any other inspection requirements will be noted on the Permit(s) issued pursuant to this ECM. 3.5 ENFORCEMENT 13.5.1 CORRECTION NOTICES AND STOP WORK ORDERS;SUSPENSION AND REVOCATION OF PERMITS A. Correction Notice. Any Permit to Work within the Right-of-Way may be suspended by the issuance of a correction notice or revoked by the issuance of a stop work order to the Applicant by the Engineer for violation of any provision of this ECM, of any condition of the Permit, or of any other laws relating to the Work. B. Stop Work Order. A stop work order may be issued by the Engineer directed to any Person or Persons doing or causing any Work to be done in the Right-of-Way without a Permit to ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 35 Exhibit B Engineering Criteria Manual Work in the Right-of-Way or in violation of any provision or provisions of this ECM and/or the Permit issued pursuant thereto. A correction notice or stop work order by the Engineer shall take effect immediately upon the presentation of such notice to the Person performing the Work in the Right-of-Way. If no Persons are present at the job site where the violation has occurred, the correction notice or stop work order will be posted in a conspicuous place, such posting constituting the aforesaid notice. Notices given after conditional approval, as defined in Section 3.5.2, Completion of Permitted Work; Conditional Approval, shall be considered as given when mailed certified, return receipt requested, to the address of the Applicant as shown on the Permit application, or as changed by written notice from the Applicant to the Engineer. C. Correction by Applicant. Immediately upon receipt of the correction notice, the Applicant shall begin such Work as is necessary to remedy the condition which led to the issuance of the correction notice. D. Failure to Comply. Failure to comply with a correction notice or stop work order may cause the Engineer to utilize the collateral posted for faithful performance to have the correction performed and/or the Work Site restored by others. When the collateral posted is insufficient to cover all costs, the Applicant shall be billed for the additional costs and,failing indemnification, action may be commenced by the County Attorney against the Applicant, and surety in the event a surety bond was posted to guarantee faithful performance, to recover said additional costs, plus attorney and court costs. Additionally, failure to comply with a correction notice or stop work order, or failure to indemnify the County for additional cost incurred by the County as mentioned above, may be cause for refusal by the Engineer to issue future Permits to Work within the Right-of-Way to the Applicant and/or Permittee, in addition to other enforcement remedies provided in this Section 3.2.3, Authority, unless the Applicant and/or Permittee has first sought and obtained a hearing before the Board and has obtained their approval for issuance of said Permits. E. Engineer's Authority. Neither the Engineer's authority to act under this section, nor any decision made by the Engineer in good faith, either to exercise or not exercise such authority shall give rise to any duty, liability, or responsibility on the part of the Engineer to exercise this authority for the benefit of the Applicant, Permittee, or any other party. 13.5.2 COMPLETION OF PERMITTED WORK; CONDITIONAL APPROVAL A. Conditional Inspection 1. Notice to the Engineer. It shall be the duty of the Applicant to notify the Engineer, at least twenty four (24) hours in advance, when the Applicant considers the Work Site ready for conditional approval. The Work Site must be clear of snow or other visual obstructions so as to allow for the Engineer's conditional approval inspection. Work Sites not complying will delay the commencement of the warranty period. 2. Correction Notice. If the Engineer finds that the Work Site is not ready for conditional approval, after being notified by the Applicant as stated above,the Engineer shall state in writing, in the form of a correction notice, such Work that needs to be completed prior to the conditional approval. A re-inspection of the Work Site for conditional approval shall be arranged at that time. 3. Conditional Approval. If the Engineer finds that the Work Site is adequately restored per the criteria set forth in this Section 3.6, Construction and Restoration Standards, Specifications and Details, the Engineer shall inform the Applicant of conditional ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 36 Exhibit B Engineering Criteria Manual approval. Upon conditional approval, the warranty period, as specified in this Section 3.5.3,Warranty Period shall commence to run. 13.5.3 WARRANTY PERIOD A. Warranty Period. The warranty period shall run for the following periods of time from the date of approval of the conditional approval: Warranty Period Minor Permit Any Surface 12 Months Major Permit Dirt/Gravel 12 Months Major Permit Paved 24 Months Eagle Valley Trail Any Surface 24 Months Permit B. Hold Harmless. The Applicant and/or Permittee shall maintain the facility that is installed at all times and agrees to hold the County, the agencies thereof, and their officers and employees harmless from any and all loss and damage which may arise out of, or be connected with, the installation, maintenance, repair, alteration, or removal of this installation or the facilities constructed under a Permit issued in accordance with this ECM. C. Maintenance of Work Site. The Applicant shall maintain the restoration of the Work Site throughout the full warranty period. Restoration maintenance may include, but is not limited to, such things as necessary reseeding, repair of any erosion mitigation measures due to lack of seasoning, and sealing of pavement patch joints after one winter of seasoning. D. New Permit Required for Re-Excavation. Whenever maintenance operations on the installed facility not permitted under an Annual Permit requires re-excavation,the Applicant and/or Permittee shall obtain a new Permit. Re-excavation during the warranty period for restoration correction purposes shall be excluded from this requirement, however, the Applicant and/or Permittee shall be responsible for giving notice to the Engineer and submitting evidence of insurance as required by this Section 3.4.7, Certificate of Insurance, prior to commencing the re-excavation. E. Traffic Control. The Person performing the above mentioned maintenance, repair, alteration, or removal operations is required to post and maintain necessary construction zone traffic control in accordance with the MUTCD while performing said maintenance, repair, alteration, or removal operations within the Right-of-Way. F. Inspection During Warranty Period. If any Work is found to be defective after the date of conditional approval and prior to the end of the warranty period or such longer period of time as may be prescribed by law or by this ECM, the Applicant shall promptly, and in accordance with the Engineer's written instructions, either correct such defective Work or, if it has been rejected by the Engineer, remove it from the Work Site and replace it with non-defective Work. The Engineer's written instructions shall be in the form of a correction notice and shall state the correction measures to be taken and the period of time deemed by the Engineer to be reasonably necessary for the completion of the correction measures. ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 37 Exhibit B Engineering Criteria Manual Such correction may be subject to an additional two year warranty period or as determined by the Engineer. G. Warranty Inspection. The Engineer shall perform a warranty inspection within twenty (20) working days after the end of the warranty period. The Applicant may be required to clear snow or other visual obstruction in order for the Engineer to perform the inspection. H. Warranty Period Performance. Satisfactory performance and seasoning of the Work at the end of the warranty period shall include the following: 1. Revegetation i. Revegetation, when required at the time of initial construction, is established at a rate equal to or greater than seventy(70)percent of the disturbed areas. 2. Restored gravel driving surfaces. i. The variation between any two contacts with the surface shall not exceed one inch in ten feet, using a ten foot straight edge. ii. Trench settlement shall not exceed one inch. 3. Restored paved driving surfaces. i. The variation between any two contacts with the surface shall not exceed one-half (Y2) inch in ten feet, using a ten foot straight edge. ii. Trench settlement shall not exceed one-half(1/2) inch. 4. There are no depressions or settlements associated with permitted Work within the Right-of-Way which would lead to the ponding or collection of surface water. 5. No cracks are found in the restored bituminous pavement, exclusive of joints with original pavements. 6. All necessary cleanup has been accomplished. 7. All repairs to Work Site Improvements have been accomplished, and are acceptable to the improvements owner. 8. In general, the Work Site is in at least as good a condition than existed prior to the start of construction. I. Notice of Defective Work. If any Work is found to be defective during the warranty inspection the Applicant shall promptly, and in accordance with the Engineer's written instructions, either correct such defective Work or, if it has been rejected by the Engineer, remove it from the Work Site and replace it with non-defective Work. The Engineer's written instructions shall be in the form of a correction notice and shall state the correction measures to be taken and the period of time deemed by the Engineer to be reasonably necessary for the completion of the correction measures. Such correction may be subject to an additional two year warranty period or as determined by the Engineer. ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 38 Exhibit B Engineering Criteria Manual J. Collateral Release. Collateral shall be released upon successful warranty inspection. Collateral shall be considered released when a check has been issued by Eagle County Government. If the check has not been reconciled within one (1) year of issuance and no claim has been made by the Applicant, said collateral shall be transferred to the General Fund of the County and shall be considered forfeited by the Applicant. 13.5.4 RELOCATION In the event that a Right-of-Way within the County is widened and/or otherwise altered in the future which will require the removal and/or relocation of facilities and/or their appurtenances caused to be installed in that Right-of-Way by a Permittee pursuant to the provisions of this ECM, including pursuant to an Encroachment Easement Agreement, the Permittee shall cause to have removed and/or relocated, without unnecessary delay, such facilities and/or their appurtenances upon the receipt of advance written notice from the Engineer. Such removal and/or relocation shall be at the Permittee's sole expense. 13.5.5 LISTING OF FACILITIES IN RIGHTS-OF-WAY A. Every operator/maintainer controlling or having an interest in utilities, or other facilities, within any Right-of-Way shall, upon request by the Engineer, file with the Engineer, within one hundred twenty (120) days after the date of such a request, a legible map or a written statement identifying the rights-of-ways wherein the aforementioned utilities or facilities owned by such operator/maintainer are located, together with their location therein, provided, however, that the requirement to furnish such map or statement may be excused in whole or in part if the operator/maintainer to whom such request is made shall show to the Engineer that all or part of the information requested is not available to, or within the control of,the operator/maintainer to whom such request is directed. B. Following the submission of the aforesaid map or written statement, such operator/maintainer, upon further request by the Engineer, shall update such map or written statement by filing with the Engineer any changes which have occurred in the previous respective year. 13.5.6 APPEAL Appeal Procedure. Any Person, Applicant and/or Permittee aggrieved by a decision of the Engineer made pursuant to the provisions of this ECM may appeal such decision, in accordance with the procedures contained in Chapter 1.16 of the Eagle County Land Use Regulations to the Board. The written decision of the Board shall be deemed final action for purposes of initiating court action. 13.5.7 ENFORCEMENT A. Legal Penalties. No Person shall erect any fence, house, or other structure, or dig pits or holes in or upon any Right-of-Way, or place thereon or cause or allow to be placed thereon any stones, timber, or trees or any obstruction whatsoever without first complying with this ECM. No Person shall tear down, burn, or otherwise damage any bridge of any Right-of-Way, or cause waste water, or the water from any ditch, road, drain, flume, agricultural crop sprinkler system, or other source to flow or fall upon any Right-of-Way so as to damage the same or to cause a hazard to vehicular traffic. Each day such condition is allowed to continue upon any Right-of-Way shall be deemed a separate offense. ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 39 Exhibit B Engineering Criteria Manual No Person shall dam the waters of any stream so as to cause the same to overflow any Right-of-Way or damage or weaken the abutments,walls, or embankments of any bridge of any Right-of-Way. No Person shall repeatedly, willfully, or negligently cause or allow water to flow, fall, or sprinkle from any ditch, lateral, canal, waste ditch, reservoir, pond, drain, flume, or agricultural crop sprinkler system upon any Right-of-Way so as to damage the same or to cause a hazard to vehicular traffic. Each day that water is allowed to flow upon any Right-of-Way shall be deemed a separate offense. Any Person owning or constructing any ditch, race, drain, or flume in, upon, or across any Right-of-Way shall keep the Right-of-Way open for safe and convenient travel by constructing culverts, bridges, or similar structures over such ditch, race, drain, or flume in compliance with this ECM. Any Person who fails to construct a culvert, bridge, or similar structure across any ditch, race, or flume in compliance with this ECM shall, in addition to other remedies, forfeit the sum of twenty five dollars to the County for each day of failure to construct such bridge, culvert, or similar structure together with the cost of construction thereof. Proceeds from such penalties shall be paid into the Eagle County Road and Bridge Fund. The Board may construct such culvert, bridge, or similar structure if the owner of such ditch, race, drain, or flume fails to construct the same in compliance with this ECM. B. Failure to Comply. If any Person fails or refuses to comply with this ECM or purposely destroys or injures any Right-of-Way, sidewalk, bridge, culvert, or causeway, or removes any of the timber or planks thereof, or obstructs the same, said Person shall be subject to penalties as set forth in sections 43-5-301, 18-1.3-503(1.6) and 16-2.3-101 C.R.S., as amended, and shall be liable for all damages occasioned thereby and for all necessary costs for rebuilding or repairing the same.All forfeitures and sums of money recovered under this section shall be turned into the Eagle County Road and Bridge Fund. C. Injunction, Mandamus, Abatement, or Other Appropriate Action. In addition to other remedies provided by law, the Board, by and through its County Attorney, may institute an injunction, mandamus, abatement, or other appropriate action or proceedings to prevent, enjoin, abate, or remove a public nuisance or to prevent, enjoin, or abate any Person from Working in the Right-of-Way unless such Person shall first have obtained a Permit for the performance of such Work, except as specifically provided to the contrary in this ECM, and unless such construction shall be performed in conformity with the terms and provisions of this ECM, of the Permit or Permits issued hereunder, or of any Special Conditions issued incident thereto. D. Penalties Are Cumulative. The foregoing remedies and enforcement provisions shall be cumulative and not exclusive and shall be in addition to any other remedies and enforcement provisions provided by law and/or equity. E. Prerequisite to Legal Proceedings. The issuance of a written notice by the Engineer as specified throughout this ECM shall in no way or manner be deemed a prerequisite to the institution of any enforcement proceedings set forth herein; and provided further, that compliance with such written notice shall not necessarily be deemed to be a defense in any alleged violation of this ECM in any court action instituted seeking full compliance therewith, but evidence of compliance with such order may be introduced as matter in mitigation and extenuation. ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 40 Exhibit B Engineering Criteria Manual F. Hold Harmless. The Applicant and/or Permittee shall agree to indemnify and save the County, its officers, employees, and agents harmless from any and all costs, damages, and liabilities which may accrue or be claimed to accrue by reason of any Work performed under a Permit to Work in the Right-of-Way. The acceptance of any Permit under this ECM shall constitute such an agreement by the Applicant and/or Permittee whether the same is expressed or not, except to the extent of any liability resulting from the willful or intentional act on the part of the County, its officers, employees, and agents. 13.5.8 LIABILITY OF COUNTY A. Personal Liability of County Representative. This ECM shall not be construed as imposing upon the County or any official or employee of the County any liability or responsibility for damages to any Person injured or property damaged by reason of the performance of any Work within the Right-of-Way, or under a Permit issued pursuant to this ECM. Nor shall the County or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of random inspections discussed hereunder,the issuance of any Permit, or the approval or disapproval of any Work. This ECM shall not be construed as imposing upon the County or any official or employee of the County, any liability or responsibility for damages to Persons or property resulting from any inspection as herein provided or resulting from any failure to so inspect; or resulting from the issuance, suspension, or denial of a Permit authorized hereunder; or resulting from the approval or disapproval of any Work under this ECM or a Permit issued in accordance therewith; or resulting from the institution of court action as hereinabove set forth or the forbearance by the Board to so proceed. Any County official, employee, or agent charged with the administration, supervision, and enforcement of this ECM, acting in good faith and without malice on behalf of said County in the discharge of their official duties, shall not thereby render such employee personally liable for any damages which may accrue to Persons or property resulting from any such act or omission committed in the discharge of such duties. Any suit or proceeding instituted against such official or employee, stemming from any act or omission performed by such employee in the enforcement or attempted enforcement of any provision of this ECM shall be defended by the legal officers of the County until final termination of the proceedings. B. Severability. If for any reason any one or more sections, sentences, clauses, or parts of this ECM are held invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this ECM, but shall be confined in its operation to the specific sections, sentences, clauses, or parts of this ECM held invalid, and the invalidity of any section, sentence, clause, or part of this ECM in any one or more instances, shall not affect or prejudice in any way the validity of the remaining provisions hereof. C. Incorporation. The Application for a Permit to Work Within the Right-of-Way of Eagle County and the Permit to Work Within the Right-of-Way of Eagle County are hereby incorporated herein and made a part of this ECM as if fully set forth at length herein. D. Binding Effect.The responsibilities, agreements, and obligations of the Applicant and/or Permittee under this ECM shall inure to the benefit of the County and be binding upon the Applicant's and/or Permittee's successors, heirs, and assigns. 3.6 CONSTRUCTION AND RESTORATION STANDARDS, SPECIFICATIONS,AND DETAILS ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 41 Exhibit B Engineering Criteria Manual 13.6.1 PAVEMENT REMOVAL AND RESTORATION A. General. Permanent pavements, subject to the provisions of this section, are all improved pavement surfaces above the quality of treated gravel. B. Job Conditions. 1. Pavement Remnant limit. Remove to the edge or joint where the remnant dimension is less than three(3)feet. 2. Seasonal Limitations. Work may only be performed during the construction season, April 15 through November 15, except in the case of Emergency Work as described in this Section 3.4.2, Emergency Work. 3. Scheduling. i. Restoration of Pavement. Within thirty (30) days of the utility installation, or less, or as authorized by the Engineer. ii. Flow Fill. Flow fill is required if permanent pavement restoration is not scheduled for or cannot be accomplished within three(3)days of backfill. iii. Cleanup. The Work Site must be cleaned promptly following pavement restoration. 4. Maintenance of Temporary Surfaces. Applicant shall provide maintenance of temporary surfaces until permanent pavement is installed. C. Materials. 1. Gravel Base. Colorado Department of Transportation Class 6 Aggregate Base Course. 2. Bituminous Base. Colorado Department of Transportation Hot Plant Mix Bituminous Pavement- PG 58-28 or other mix approved by the Engineer. 3. Bituminous Surface. Colorado Department of Transportation Hot Plant Mix Bituminous Pavement- PG 58-28 or other mix approved by the Engineer.. 4. Bituminous Surface Overlay. Colorado Department of Transportation Hot Plant Mix Bituminous Pavement-PG 58-28 or other mix approved by the Engineer.. 5. Bituminous Joint Seal. Flex-a-Fill, or approved equal. D. Performance. 1. Removal. All materials removed from the Right-of-Way becomes property of the Applicant for disposal. 2. Paved Driving Surfaces. i. Cutting. Pre-cut vertically in straight lines at right angles, or parallel, to pavement mat centerline such that waste material can be excavated without ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 42 Exhibit B Engineering Criteria Manual disturbance or damage to the adjoining mat. Approved methods of pre-cutting the mat are a cutting wheel,jack-hammer, or power cut-off saw. ii. Pavement Placement. Prior to placement of bituminous pavement patch, mat shall be re-cut vertically, with square edges, a minimum of twelve (12) inches beyond the edge of pavement mat previously cut, or as damaged during construction, by means of a power cut-off saw. iii. Restoration Thickness. Original thickness plus one(1)inch, however, minimum finished thickness is four(4) inches. a. Construction Method: An infrared patch is required. Apply tack coat to pavement edges. Mechanically compact in lifts not to exceed two(2)inches. Each lift must achieve stability before applying successive lifts. Tack coat may be required between lifts. Surface course shall be rolled with a steel drum pavement roller. The repair is not complete until the joints have been sealed with an infrared patch. Direct heat with a torch is not acceptable. b. Surface Tolerance: The variation between any two contacts with the surface shall not exceed three-sixteenths(3/16)of an inch in ten feet, using a ten foot straight edge. 3. Gravel Driving Surface Including Shoulder Area. i. Restoration Thickness. Original thickness plus two (2) inches, however, minimum total thickness is six(6) inches. ii. Construction. Work consisting of furnishing and placing one or more courses of aggregate and additives, if required, on a prepared subgrade. a. Placing. If the required compacted depth of the aggregate base course exceeds six (6) inches, it shall be constructed in two or more layers of approximately equal thickness. The maximum compacted thickness of any one layer shall not exceed six (6) inches. When vibratory or other approved types of special compacting equipment are used, the compacted depth of a single layer may be increased to eight (8) inches, provided that specified density if achieved and written approval is granted by the Engineer b. Mixing. The contractor shall mix the aggregate by methods that ensure a thorough and homogeneous mixture. c. Shaping and Compaction. Compaction of each layer shall continue until a density of at least 95 percent of the maximum density has been achieved as determined in accordance with AASHTO T 180 as modified by Colorado Procedures 23. The moisture content shall be at ± two (2) percent of optimum moisture content. The surface of each layer shall be maintained during the compaction operations so that a uniform texture is produced and the aggregates are firmly keyed. Moisture conditioning shall be performed uniformly during compaction. Compaction of each reclaimed asphalt pavement aggregate layer shall continue until a wet density of at least 95 percent of the maximum wet ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 43 Exhibit B Engineering Criteria Manual density when determined in accordance with a one point AASHTO T 180, Method D test has been achieved. The surface of the base course will be tested with a 10 foot straightedge, or other approved device. The surface shall be tested prior to the application of any primer or pavement. d. Surface Tolerance. The variation between any two contacts with the surface shall not exceed 1/4 inch in ten feet, using a ten foot straight edge. 4. Eagle Valley Trail Surface i. Cutting. Pre-cut vertically in straight lines at right angles, or parallel, to pavement mat centerline such that waste material can be excavated without disturbance or damage to the adjoining mat. Approved methods of pre-cutting the mat are a cutting wheel,jack-hammer, or power cut-off saw. Prior to placement of bituminous pavement patch, mat shall be re-cut vertically, with square edges, a minimum of twelve (12) inches beyond the edge of pavement mat previously cut, or as damaged during construction, by means of a power cut-off saw. ii. Restoration Thickness. a. Base. Six (6) inches of compacted Class 6 road base under trail as one (1) foot, 95%compaction. b. Asphalt Surface. Original thickness plus one (1) inch, however, minimum finished thickness is three(3) inches. c. Construction Method: Apply tack coat to pavement edges. Mechanically compact in lifts not to exceed one and one-half(11/2) inches. Each lift must achieve stability before applying successive lifts. Tack coat may be required between lifts. Surface course shall be rolled with a steel drum pavement roller. d. Surface Tolerance: The variation between any two contacts with the surface shall not exceed three-sixteenths(3/16)of an inch in ten feet, using a ten foot straight edge. 13.6.2 MINIMUM DEPTH OF COVER A. General. All underground installations, except drainage culverts shall have a minimum of twenty four (24) inches of cover. Drainage culverts shall have a minimum of twelve (12) inches to the top of the culvert, or as necessary to provide positive roadside drainage. B. Special Provisions. In areas adjacent to roadways that presently do not have well defined drainage ditches, the minimum depth of cover in ditch areas may be extended up to forty eight (48) inches below the surface of the roadway for all underground installations, except drainage culverts. ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 44 Exhibit B Engineering Criteria Manual C. Other Requirements. These provisions do not supersede other requirements of underground installations, such as the Department of Transportation, Public Utilities Commission, National Electrical Code, etc., unless these provisions are more stringent. 13.6.3 BACKFILL A. Materials. 1. Transverse Installations and Longitudinal Installations Less than Fifty(50) Feet in Improved Roadways. Well graded stable granular material conforming to the requirements of the Colorado State Department of Transportation Class I Structure Backfill within the road prism, except that the last twelve (12) inches shall be backfilled with Colorado State Department of Transportation Class 6 Aggregate Base Course. 2. Longitudinal Installations in Excess of Fifty (50) Feet in Improved Roadways. Well graded stable granular material conforming to the requirements of the Colorado State Department of Transportation Class I Structure Backfill within the road prism, except that the last twelve (12) inches shall be backfilled with Colorado State Department of Transportation Class 6 Aggregate Base Course. 3. Backfill Material. Suitable material for use in backfilling within the road prism of Unimproved Roadways, or new development roadways under construction at the subgrade stage, is that excavated material which is free of organic material, frozen lumps or rocks in excess of eight(8) inches in diameter, provided however,that rocks in excess of three (3) inches in diameter shall not be used within the last twelve(12) inches of backfill. 4. Native Materials. Native materials may be used for backfilling outside the road prism. 5. Contamination. The Engineer may require the re-treatment of the gravel driving surface, when it exists, and has been contaminated by the excavation or stockpiling of native materials. B. Method. 1. Lifts. All backfilling to be mechanically compacted in lifts ranging in thickness from four (4) to eight (8) inches, said lifts being commensurate with the size and type of compaction equipment and backfill material being used. C. Performance. 1. Backfilling Within the Road Prism. Compact granular material to at least 95 percent of standard proctor maximum density as determined at optimum moisture content. Moisture content of backfill material should be from minus one percent to plus two percent of optimum moisture at all times. 2. Backfilling Outside the Roadway Prism. Compact suitable material to at least 90 percent of standard proctor maximum density as determined at optimum moisture content. D. Compaction Testing. ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 45 Exhibit B Engineering Criteria Manual 1. Responsibility. The Applicant and/or Permittee is responsible for ensuring that all backfilling conforms to the requirements of these Regulations. The County may perform in-place density testing on a random or spot basis. 2. In-Place Density Testing. When in-place density testing is required as a special condition of the Permit, or is done to indicate uniform construction methods, items 3.through 6. immediately below are minimum requirements of said testing. 3. Frequency. i. Transverse Installations. (a) Horizontal Interval. One (1) per fifteen (15) lineal feet of excavation, or fraction thereof. (b) Vertical Interval. One at one (1) foot above the finished utility foundation or bedding course, then one (1) at each successive two (2) foot level until completely backfilled, with the last test at the finished surface of the backfill. ii. Longitudinal Installations. (a) Horizontal Interval. One (1) per one hundred (100) lineal feet of excavation, or fraction thereof. (b) Vertical Interval. One at one (1) foot above the finished utility foundation or bedding course, then one (1) at each successive two (2) foot level until completely backfilled, with the last test at the finished surface of the backfill. 4. Moisture-Density Relation.ASTM D698(Standard Proctor). 5. In-Place Density.Any of the following: i. ASTM D-2937(Drive Cylinder) ii. ASTM D-2167(Rubber Balloon) iii. ASTM D-1556(Sand Cone) iv. ASTM D-2922(Nuclear) 6. Access to Test Location and Depth. The Applicant shall furnish equipment and personnel if they are on-site. 13.6.4 JACKING AND BORING A. General. Transverse Installations within the Right-of-Way shall be "jacked" or "jacked and bored" without disturbing the surface or structure above, in accordance with the provisions of this Section 3.4.15.A.3, lacking and Boring. B. Encasement. ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 46 Exhibit B Engineering Criteria Manual 1. Transverse Installations by jacking and boring shall be encased in pipe of larger diameter, unless the carrier pipe itself is jacked or jacked and bored, or the jacked pipe is used to retrieve a carrier pipe of the same size. • 2. Any encasement installed shall be required for the full limit of the affected road prism. 3. Bores shall not be larger than lines or encasements. 4. Joints of any encasement installed shall be watertight. C. Water. Water assisted boring will be permitted, as determined by the Engineer. Water jetting will not be permitted. D. Tunneling.Tunneling shall not be allowed. E. Minimum Burial Depth. Minimum burial depth as specified in this Section 3.6.2, Minimum Depth of Cover. 13.6.5 WORK SITE IMPROVEMENTS, PROTECTION,AND RESTORATION A. Description. This section encompasses the Work required for the protection of all existing improvements, public and private, in the vicinity of the Work Site, and their restoration. B. Scheduling. 1. Cleanup. Work Site cleanup is required immediately following the installation authorized under the Permit, or every one hundred (100) feet of the progress of the Work in the case of Longitudinal Installations. 2. Restoration. Work Site Restoration shall occur promptly following the installation authorized under the Permit and shall match the restoration plan approved by the Engineer in the Permit. C. Products. All materials used shall be at least the same or equal quality of those that existed prior to the start of construction. 13.6.6 MISCELLANEOUS PROVISIONS CONCERNING UTILITY INSTALLATIONS A. Paved Surface Protection. No cleated or tracked equipment shall be allowed to Work on or move over paved surfaces without mats or padding, and no equipment outriggers or stabilizers shall rest directly on paved surfaces, but shall be padded to protect the pavement. • B. Plastic Conduits. Plastic pipe used as conduit for utilities shall, as a minimum, meet ASTM D2750,Type II (Direct Burial),ASTM D3034, SDR35, or equal. C. Limitations. 1. Work shall be allowed to be performed within the Right-of-Way on Saturdays, Sundays, or holidays provided that the Engineer has been notified, and has approved said Work, at least two days in advance. ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 47 Exhibit B Engineering Criteria Manual 2. No open trench shall be permitted in the Right-of-Way during hours of darkness, unless the Right-of-Way is closed to the public due to being under construction and is positively barricaded, or unless otherwise specified in the Special Conditions on the face of the Permit. 3. All excavated materials shall be removed from the roadway surface each day. D. Horizontal Alignment. Where the installation crosses the driving surface transversely, the crossing shall be as perpendicular to the driving surface as is feasible. E. Crossing Irrigation Ditches, Canals, or Water Carrying Structures. Where the installation crosses any irrigation ditches, canals, or water carrying structures it shall be jacked or jacked and bored through and at a minimum of twenty four(24) inches below the invert of the above mentioned facilities or as otherwise approved by the facilities owner. In no case shall the flow of water ever be impaired or interrupted unless authorized by the owner of the above mentioned facilities. F. Plowing Utilities. 1. Minimum depth of cover for utilities installed by plowing shall be as set forth in this Section 3.6.2, Minimum Depth of Cover. 2. Rocks brought to the surface when plowing shall be removed, then the area backfilled according to this Section 3.6.3, Backfill. 3. Re-treatment of gravel roadways which have received chemical stabilizers or dust palliatives may be required by the Engineer after plowing. 4. Plowing shall not occur within four(4)feet of the edge of any pavement mat. 5. Plowing shall not occur within those roadways which have been treated with a geotechnical fabric when the possibility exists that the plow may come into contact with said fabric. 6. Installations by plowing shall not be subject to the provisions of this Section 3.6.6.F, Plowing Utilities, except for those portions of the installation where there is open excavation by means other than plowing. G. Drainage. The Applicant shall be responsible for establishing such measures, temporary or permanent, that provide for, or do not impair, the flow of drainage tributary to, or leaving the Work Site. 13.6.7 STANDARD EXCAVATION BACKFILL AND RESTORATION DETAIL ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 48 Exhibit B Engineering Criteria Manual — 4"MINIMUM HOT MIX ASPHALT MEETING COLORADO DEPARTMENT OF TRANSPORTATION'S HOT PLANT MIX BITUMINOUS PAVEMENT- GRADING C,D,OR E 12"MIN.CDOT CLASS 6 AGGREGATE BASE COURSE, COMPACTED IN LIFTS TO AT LEASER 95%*OF MAXIMUM DENSITY AT OPTIMUM MOISTURE CONTENT EXISTING PAVED INFRARED EXISTING GRAVEL DRIVING SURFACE PATCH DRIVING SURFACE 12"MIN, s v v v v +r v v •v v •+� �ax�.���wa�srnia.�re�rnas/.S®,/B.S.S®./,5,6>0®./.5.6"• :� i:i .� .��:��:� .i .:�..� .�1 _IY��Y�•�Y�.�Y�. �:��►���. `(' :11=II=11=II-11=11=11-11=11=II=11=11 iril=iru-.u-irii=iriru-ii 11 ��•� ••� •��• ---- =111 EXISTING BASE II�I11= - - — COURSE -gn_ _I _ - - - - -I GRANULAR BACKFILL MATERIAL, II - _ _ _ _ _ _ - _ =11 AS REQUIRED. COMPACTED IN LIFTS II - TO AT LEAST 95%OF MAX.DENSITY NOTES: II 1, - II II AT OPTIMUM MOISTURE CONTENT. 1. EXISTING PAVEMENT SHALL BE CUT II' - . - - -1= PRIOR TO EXCAVATION. II=-__ __- 1�II 2. EXISTING PAVEMENT SHALL BE RE-CUT L _ - - - - =I SQUIRE A MINIMUM OF 12" II II. — - __ III BEYOND THE EDGE OF PAVEMENT II_I ' \ II 11 PREVIOUSLY CUT, 11= \�fin BEDDING PER UTILITY OPERATOR/OWNER 11 ` \�=111. SPECIFICATIONS. II II=u 11= ifE:;�I UTILITY OR INSTALLATION ENGINEERING CRITERIA MANUAL EAGLE COUNTY,COLORADO Page 49 Exhibit C -Transportation Impact Fee Study Exhibit C Transportation Impact Fee Study EAGLE COUNTY Transportation and Trails Impact Fee Study Prepared for: Eagle County, Colorado July 12, 2021 Prepared by: DP Guthrie LLC Exhibit C Transportation Impact Fee Study Eagle County, CO Transportation and Trails Impact Fee Study 7/12/21 Table of Contents EXECUTIVE SUMMARY 4 COLORADO IMPACT FEE ENABLING LEGISLATION 4 ADDITIONAL LEGAL GUIDELINES 4 EVALUATION OF CREDITS 5 METHODS 6 Figure 1: Summary of Impact Fee Methods and Cost Components 7 PROPOSED 2021 IMPACT FEES 7 Figure 2: Proposed Impact Fee Schedule for Transportation and Trails 8 TRANSPORTATION AND TRAILS IMPACT FEES 9 TRIP GENERATION RATES 9 ADJUSTMENTS FOR COMMUTING PATTERNS AND PASS-BY TRIPS 9 Figure 3: Inflow/Outflow Analysis 10 VEHICLE MILES OF TRAVEL 11 VEHICLES PER TRAVEL LANE PER DAY 11 TRIP LENGTH WEIGHTING FACTOR BY TYPE OF LAND USE 11 Figure 4: Average Trip Length and Weighting Factors 12 DEVELOPMENT PROTOTYPES AND PROJECTED TRAVEL DEMAND 12 Figure 5: Unincorporated Area VMT Increase 13 TRANSPORTATION CAPITAL IMPROVEMENTS PLAN 13 Figure 6: Transportation Improvements Plan 14 PROPOSED IMPACT FEES FOR TRANSPORTATION 15 Figure 7: Transportation Impact Fee Schedule 16 TRANSPORTATION COST AND FUNDING STRATEGY 17 Figure 8: Projected Impact Fee Revenue for Transportation 17 PROPOSED IMPACT FEES FOR TRAILS 18 Figure 9: Cost Allocation for Trails 18 Figure 10: Trail Impact Fee Schedule 19 TRAILS COST AND FUNDING STRATEGY 20 Figure 11: Projected Impact Fee Revenue for Trails 20 APPENDIX A: DEMOGRAPHICS AND DEVELOPMENT PROJECTIONS 21 SUMMARY OF GROWTH INDICATORS 21 Figure Al: Development Projections and Growth Rates 22 NONRESIDENTIAL DEVELOPMENT 22 Figure A2: Employee and Building Area Ratios 23 JOBS BY TYPE OF NONRESIDENTIAL DEVELOPMENT 23 Figure A3: Jobs and Floor Area Estimate 23 DETAILED DEVELOPMENT PROJECTIONS 23 Figure A4: Annual Demographic Data 24 CUSTOMIZED RESIDENTIAL TRIP GENERATION RATES 24 Figure A5: Demographic Multipliers by Bedroom Range 26 Figure A6: Average Weekday Vehicle Trip Ends by Dwelling Size 27 Figure A7: Year-Round Persons per Housing Unit by Dwelling Size 28 APPENDIX B: IMPLEMENTATION AND ADMINISTRATION 29 CREDITS AND REIMBURSEMENTS 29 UNINCORPORATED SERVICE AREA 29 DP Guthrie LLC 2 Exhibit C Transportation Impact Fee Study Eagle County,CO Transportation and Trails Impact Fee Study 7/12/21 DEVELOPMENT CATEGORIES 29 APPENDIX C: PASS-BY TRIP ADJUSTMENT FACTORS BY COMMERCIAL BUILDING SIZE 30 APPENDIX D: REFERENCES 37 DP Guthrie LLC 3 Exhibit C Transportation Impact Fee Study Eagle County, CO Transportation and Trails Impact Fee Study 7/12/21 Executive Summary For local governments, the first step in evaluating funding options for transportation improvements is to determine basic options and requirements established by state law. Some states have more conservative legal parameters that basically restrict local government to specifically authorized actions. In contrast, "home-rule" states grant local governments broader powers unless precluded or preempted by state statutes. Although Colorado is a "home-rule" state and home-rule municipalities were already collecting "impact fees" under their home-rule authority granted in the Colorado Constitution, the Colorado Legislature passed enabling legislation in 2001, as discussed further below. Colorado Impact Fee Enabling Legislation Impact fees are one-time payments imposed on new development that must be used solely to fund growth- related capital projects, typically called "system improvements". An impact fee represents new growth's proportionate share of capital facility needs. In contrast to project-level improvements, impact fees fund infrastructure that will benefit multiple development projects, or even the entire service area, if there is a reasonable relationship between the new development and the need for growth-related infrastructure. Project-level improvements, typically specified in a development agreement, are usually limited to transportation improvements near a proposed development, such as ingress/egress lanes. According to Colorado Revised Statute Section 29-20-104.5, impact fees must be legislatively adopted at a level no greater than necessary to defray impacts generally applicable to a broad class of property. The purpose of impact fees is to defray capital costs directly related to proposed development. The statutes of other states allow impact fee schedules to include administrative costs related to impact fees and the preparation of capital improvement plans, but this is not specifically authorized in Colorado's statute. Impact fees do have limitations and should not be regarded as the total solution for infrastructure funding. Rather, they are one component of a comprehensive portfolio to ensure adequate provision of public facilities. Because system improvements are larger and more costly, they may require bond financing and/or funding from other revenue sources. To be funded by impact fees, Section 29-20-104.5 requires that the capital improvements must have a useful life of at least five years. By law, impact fees can only be used for capital improvements,not operating or maintenance costs. Also,development impact fees cannot be used to repair or correct existing deficiencies in existing infrastructure. Additional Legal Guidelines Both state and federal courts have recognized the imposition of impact fees on development as a legitimate form of land use regulation, provided the fees meet standards intended to protect against regulatory takings. Land use regulations,development exactions,and impact fees are subject to the Fifth Amendment prohibition on taking of private property for public use without just compensation. To comply with the Fifth Amendment, development regulations must be shown to substantially advance a legitimate governmental interest. In the case of impact fees, that interest is the protection of public health, safety, and welfare, by ensuring development is not detrimental to the quality of essential public services. Adopting impact fees is a legislative policy decision requiring both procedural and substantive due process. The process followed to receive community input (i.e., stakeholder meetings, work sessions, and public hearings) provides opportunities for comments and refinements to the impact fees. There is little federal case law specifically dealing with impact fees, although other rulings on other types of exactions(e.g., land dedication requirements)are relevant. In one of the most important exaction cases, the U. S. Supreme Court found that a government agency imposing exactions on development must demonstrate an "essential nexus" between the exaction and the interest being protected (see Nollan v. DP Guthrie LLC 4 Exhibit C Transportation Impact Fee Study Eagle County,CO Transportation and Trails Impact Fee Study 7/12/21 California Coastal Commission, 1987). In a more recent case (Dolan v. City of Tigard, OR, 1994), the Court ruled that an exaction also must be "roughly proportional"to the burden created by development. There are three reasonable relationship requirements for development impact fees that are closely related to"rational nexus"or"reasonable relationship"requirements enunciated by several state courts. Although the term "dual rational nexus" is often used to characterize the standard by which courts evaluate the validity of development impact fees under the U.S. Constitution, DP Guthrie, LLC prefers a more rigorous formulation that recognizes three elements: "need," "benefit," and "proportionality." The dual rational nexus test explicitly addresses only the first two, although proportionality is reasonably implied, and was specifically mentioned by the U.S. Supreme Court in the Dolan case. Individual elements of the nexus standard are discussed further in the following paragraphs. All new development in a community creates additional demands on some, or all, public facilities provided by local government. If the capacity of facilities is not increased to satisfy that additional demand, the quality or availability of public services for the entire community will deteriorate. Development impact fees may be used to cover the cost of development-related facilities, but only to the extent that the need for facilities is a consequence of development that is subject to the fees. The Nollan decision reinforced the principle that development exactions may be used only to mitigate conditions created by the developments upon which they are imposed. That principle likely applies to impact fees. In this study, the impact of development on infrastructure needs is analyzed in terms of quantifiable relationships between various types of development and the demand for specific facilities, based on applicable level-of-service standards. The requirement that exactions be proportional to the impacts of development was clearly stated by the U.S.Supreme Court in the Dolan case and is logically necessary to establish a proper nexus. Proportionality is established through the procedures used to identify development-related facility costs, and in the methods used to calculate impact fees for various types of facilities and categories of development. The demand for facilities is measured in terms of relevant and measurable attributes of development (e.g., a typical housing unit's vehicular trip generation rate). Ensuring benefit to feepayers requires that impact fee revenues be segregated from other funds and expended only on facilities for which the fees were charged. The calculation of impact fees should also demonstrate they will be expended in a timely manner and the facilities funded by the fees must serve the development paying the fees. However, nothing in the U.S. Constitution or the state enabling legislation requires that facilities funded with fee revenues be available exclusively to development paying the fees. In other words, benefit may extend to a general area including multiple real estate developments. Procedures for the earmarking and expenditure of fee revenues are discussed near the end of this study. The authority and procedures to implement impact fees is separate from and complementary to the authority to require improvements as part of subdivision or zoning review. Impact fees must increase the carrying capacity of the transportation system. Capacity projects include, but are not limited to, the addition of travel lanes, intersection improvements (i.e., turning lanes, signalization or roundabouts) and "complete street" improvements to provide multimodal infrastructure (e.g. bus stops, bike lanes and sidewalks). Whenever improvements are made to existing roads, non-impact fee funding is typically required to help pay a portion of the cost. Evaluation of Credits New development should not be required to pay twice for the cost of new facilities (i.e., once through development fees and again through other taxes or fees that are used to fund the growth cost of facilities). To avoid potential double-payment, development fees may be reduced,and such a reduction is referred to as an offset or revenue credit that is incorporated into the development fee calculation. In general,offsets DP Guthrie LLC 5 Exhibit C Transportation Impact Fee Study Eagle County, CO Transportation and Trails Impact Fee Study 7/12/21 are only required for funding that is dedicated for capacity-expanding improvements of the type addressed by the development fee. A municipality is not required to use general fund revenue to pay for growth- related improvements. Methods - In contrast to project-level improvements, development fees fund growth-related infrastructure that will benefit multiple development projects, or the entire jurisdiction (usually referred to as system improvements). There are three general methods for calculating development fees. The choice of method depends primarily on the timing of infrastructure construction (past, concurrent, or future) and service characteristics of the facility type being addressed. Each method has advantages/disadvantages and can be used simultaneously for different cost components. The process of calculating development impact fees involves two main steps: (1) determining the cost of development-related capital improvements and (2) allocating those costs equitably to various types of development. In practice, development fees are complicated due to many variables involved in defining the relationship between development and the need for facilities within the service area. The following paragraphs discuss three basic methods for calculating development fees and how those methods can be applied. • The rationale for recoupment, often called cost recovery, is that new development is paying for its share of the useful life and remaining capacity of facilities already built, or land already purchased, from which new growth will benefit. This methodology is often used for utility systems that must provide adequate capacity before new development can take place. • The incremental expansion method documents current infrastructure standards for each type of public facility, using both quantitative and qualitative measures. If current standards are used, there is no existing infrastructure deficiency or surplus capacity and new development is only paying its proportionate share to maintain current standards for growth-related infrastructure. Fee revenue will be used to expand or provide additional facilities, as needed to keep pace with new development. • The plan-based method allocates costs for a specified set of improvements to a specified amount of service units. Improvements are typically identified in an infrastructure master plan and development potential is identified by land use assumptions. There are two options for determining the cost per service unit: 1)total cost of a public facility can be divided by total demand units (average cost approach), or 2) the growth-share of the public facility cost can be divided by the net increase in demand units over the planning timeframe (marginal cost approach). Figure 1 summarizes the methods and cost components for each type of infrastructure included in Eagle County's transportation impact fee study. Eagle County will continue to use one service area, which includes all land parcels in the unincorporated area, but two Benefit Districts for tracking the collection and expenditure of transportation impact fees. DP Guthrie LLC 6 Exhibit C Transportation Impact Fee Study Eagle County, CO Transportation and Trails Impact Fee Study 7/12/21 Figure 1: Summary of Impact Fee Methods and Cost Components Cost Fee Component Service Area Plan-Based Method Allocation Multimodal Capacity Expansion of Unincorporated Vehicle Miles Transportation Arterials/Collectors and Eagle County of Travel Intersection Improvements Daytime Population Completion of Eagle Unincorporated (year-round Trails Valley Trail plus interest Eagle County residents plus cost inflow commuters) Proposed 2o2i Impact Fees Proposed fees for residential and nonresidential development are listed in Figure 2. Residential fees per dwelling unit are shown for ten size thresholds, based on climate-controlled living space (i.e., excludes garages and outdoor patios/porches). Fees for nonresidential development are listed per thousand square feet of floor area, except for Lodging which is based on number of rooms in a hotel/motel. Industrial includes all buildings used for goods production, warehousing, transportation, communications and utilities. Retail/Restaurant includes all shopping centers, establishments that sell merchandise and all eating/drinking places. Office & Other Services includes business services such as banks, plus personal services, such as health care. In the far-right column are the current fee categories used for comparison to the proposed transportation impact fees. For residential development, the current categories are ranked from least to most expensive (Mobile Home Park, TH/DX = townhouse/duplex, MF = multifamily, TH/DX>4KSF = townhouse/duplex greater than 4,000 square feet, SFD/ADU = single family detached or accessory dwelling unit, SFD>5KSF = single family detached greater than 5,000 square feet). For Retail/Restaurant the comparison category is a small shopping center, but there are commercial categories with lower fees (e.g., Home Improvement Superstore = $4,615 per KSF) and significantly higher fees (e.g., Fast Food Restaurant = $24,541). The recommended change to fewer, more general nonresidential categories makes impact fees easier to administer and minimizes the need to recalculate fees for land use changes. DP Guthrie LLC 7 Exhibit C Transportation Impact Fee Study Eagle County,CO Transportation and Trails Impact Fee Study 7/12/21 Figure 2: Proposed Impact Fee Schedule for Transportation and Trails Transportation Trails Proposed Current Difference Total Fees Residential(per dwelling unit) Current Category Square Feet of Living Space for Comparison 1000orless $1,124 $828 $1,952 $2,194 ($242) MobileHomePark 1001 to 1500 $2,046 $1,483 $3,529 $2,678 $851 TH/DX 1501 to 2000 $2,707 $1,955 $4,662 $3,034 $1,628 M F 2001 to 2500 $3,210 $2,311 $5,521 $3,481 $2,040 TH/DX>4KSF 2501 to 3000 $3,629 $2,610 $6,239 $4,378 $1,861 SFD 3001 to 3500 $3,975 $2,863 $6,838 $4,378 $2,460 SFD 3501to4000 $4,283 $3,070 $7,353 $4,378 $2,975 SFD 4001 to 4500 $4,551 $3,266 $7,817 $4,378 $3,439 SFD 4501 to 5000 $4,793 $3,438 $8,231 $4,378 $3,853 SFD 5001 or more $5,009 $3,588 $8,597 $5,691 $2,906 SFD>SKSF Nonresidential(per 1,000 square feet of floor area except Lodging) Development Type Industrial $2,327 $500 $2,827 $3,190 ($363) Industrial Retail/Restaurant $7,086 $730 $7,816 $8,737 ($921) ShpCtr<100KSF Office&Other Services $4,571 $920 $5,491 $6,069 ($578) Office<100KSF Lodging(per room) $1,572 $40 $1,612 $2,577 ($965) Hotel/Motel DP Guthrie LLC 8 Exhibit C Transportation Impact Fee Study Eagle County,CO Transportation and Trails Impact Fee Study 7/12/21 Transportation and Trails Impact Fees In the 2021 study,fees for both transportation and trails are derived using a plan-based method. As shown in the formula below, the transportation fee is the product of Vehicle Miles of Travel (VMT) per development unit multiplied by the capital cost per VMT. Transportation Fee =VMT(vehicle miles of travel) per development unit Multiplied by Captial Cost per VMT(for multmodal improvements) VMT is the product of trip generation rate per development unit, multiplied by trip rate adjustment factor, average trip length (in miles) and trip-length weighting factor. The capital cost per VMT is based on the projected ten-year growth cost of transportation improvements. Each component is described below. Trip Generation Rates Transportation impact fees in Eagle County are based on Average Weekday Vehicle Trip Ends (AWVTE). Trip generation rates are from Trip Generation published by the Institute of Transportation Engineers (ITE 10th Edition 2017). A vehicle trip end represents a vehicle either entering or exiting a development (as if a traffic counter were placed across a driveway). To calculate transportation impact fees, trip generation rates require an adjustment factor to avoid double counting each trip at both the origin and destination points. Therefore, the basic trip adjustment factor is 50%. As discussed further below, the impact fee methodology includes additional adjustments to make the fees proportionate to infrastructure demand for particular types of development. Adjustments for Commuting Patterns and Pass-By Trips Residential development has a larger trip adjustment factor of 55%to account for commuters leaving Eagle County for work. According to the 2017 National Household Travel Survey, home-base work trips are typically 22.8% of production trips (i.e., all out-bound trips, which are 50% of all trip ends). As shown in Figure 3,the Census Bureau's web application OnTheMap indicates that 41.7%of resident workers traveled outside the county for work in 2018. In combination, these factors (0.228 x 0.50 x 0.417 = 0.05 rounded) support the additional 5%allocation of trips to residential development. DP Guthrie LLC 9 Exhibit C Transportation Impact Fee Study Eagle County, CO Transportation and Trails Impact Fee Study 7/12/21 Figure 3: Inflow/Outflow Analysis Inflow/Outflow Job Counts in 2018 11111 MI 15,496-Employed in Selection Area,Live Outside 11,177-Live in Selection Area,Employed Outside MIN 15,596-Employed and Live in Selection Area Inflow/Outflow Job Counts (All Jobs) 2018 Count Share Employed in the Selection 31,092 100.0% Area Employed in the Selection 15,496 49.8% Area but Living Outside Employed and Living in the 15,111 50.2% Selection Ares Living in the Selection Area 26,773 100.0% Living in the Selection Area 11,177 41.7% but Employed Outside Living and Employed in the 1u96 58.3% Selection Area For retail and restaurants, the trip adjustment factor is less than 50% because retail/restaurant development attracts vehicles as they pass by on arterial and collector roads. For example,when someone stops at a convenience store on the way home from work, the convenience store is not the primary destination. For the average shopping center,the ITE data indicates that 34%of the vehicles that enter are passing by on their way to some other primary destination. The remaining 66%of attraction trips have the commercial site as their primary destination. Because attraction trips are half of all trips, the trip adjustment factor is 66% multiplied by 50%, or approximately 33% of the trip ends for an average-size DP Guthrie LLC 10 Exhibit C Transportation Impact Fee Study Eagle County, CO Transportation and Trails Impact Fee Study 7/12/21 shopping center. As documented in Appendix C, DP Guthrie, LLC recommends a pass-by adjustment of 24%for smaller commercial development, which is typical in the unincorporated area of Eagle County. Vehicle Miles of Travel A Vehicle Mile of Travel (VMT) is a measurement unit equal to one vehicle traveling one milel. In the aggregate,VMT is the product of vehicle trips multiplied by the average trip length. The average trip length in Eagle County is calibrated using existing lane miles of primary (i.e., highest priority) snow-plow routes and a lane capacity standard (discussed below). Eagle County currently has 125 centerline miles of priority snow-plow routes, which is equal to 250 lane miles (assuming each route is two travel lanes). Vehicles per Travel Lane per Day Transportation impact fees are based on a lane capacity standard of 1,400 vehicles per lane, derived from latest available traffic counts on road segments listed in the ten-year improvements plan (see Figure 6 below). Eagle County staff provided the traffic counts, which DP Guthrie, LLC used to derived a weighted average based on existing lane miles. Trip Length Weighting Factor by Type of Land Use Transportation impact fees include a percentage adjustment,or weighting factor,to account for trip length variation by type of land use (see Figure 4). As documented by 2017 National Household Travel Survey, vehicle trips from residential development are approximately 114% of the average trip length. The residential trip length adjustment factor includes trips to work, social/recreational purposes and home. Conversely, shopping trips associated with commercial development are roughly 75% of the average trip length while other nonresidential development typically accounts for trips that are 90%of the average for all trips. 1 Typical VMT calculations for development-specific traffic studies, along with most transportation models of an entire urban area, are derived from traffic counts on particular road segments multiplied by the length of that road segment. For the purpose of the transportation impact fee study,VMT calculations are based on attraction(inbound) trips to development located in the service area,with trip length limited to the road network considered to be system improvements (arterials and collectors). This refinement eliminates pass-through or external- external trips, and travel on roads that are not system improvements(e.g. interstate highways). DP Guthrie LLC 11 Exhibit C Transportation Impact Fee Study Eagle County, CO Transportation and Trails Impact Fee Study 7/12/21 Figure 4: Average Trip Length and Weighting Factors Trip purpose summary Travel Day Vehicle Trip Length Percent Average Weighting Trips Mean Miles of Trips Trip Length Factor Home 205,743 9.93 Residential Work 92,392 11.98 Residential Social/Recreational 52,877 12.60 Residential Shopping/Errands 134,048 7.08 Commercial Meals 43,347 7.49 Commercial School/Daycare/Religious activity 16,288 9.11 Other Medical/Dental services 11,568 10.14 Other Transport someone 44,991 7.25 Other Something else 10,045 11.95 Other All 611,299 9.55 Source:Federal Highway Administration,2017 National Household Travel Survey Tabulation created on the NHTS website at http://nhts.ornl.gov Development Prototypes and Projected Travel Demand The relationship between development in unincorporated Eagle County and the need for system improvements is documented below. Figure 5 summarizes the input variables used to determine the average trip length on priority snow-plow routes. In the table below HU means housing units, KSF means square feet of nonresidential development, in thousands, Institute of Transportation Engineers is abbreviated ITE,and VTE means vehicle trip ends. Trip generation rates by bedroom range are documented in Appendix A. Projected development in the service area over the next ten years is shown in the middle section of Figure 5. Trip generation rates and trip adjustment factors convert projected development into inbound weekday vehicle trips. A typical vehicle trip, such as a person leaving their home and traveling to work, generally begins on a local street that connects to a collector street,which connects to an arterial road and eventually to a state or interstate highway. This progression of travel up and down the functional classification chain limits the average trip length determination, for the purpose of impact fees, to the following question, "What is the average vehicle trip length on impact fee system improvements(i.e. priority snow-plow routes in the service area)?" According to County staff, there are 250 lane miles of priority snow-plow routes within unincorporated Eagle County. With 250 lane miles and a lane capacity standard of 1,400 vehicles per lane, the priority snow-plow routes have approximately 350,000 vehicle miles of capacity (i.e., 1,400 vehicles per lane traveling the entire 250 lane miles). To derive the average utilization (i.e., average trip length expressed in miles),divide vehicle miles of capacity by the vehicle trips attracted to development in the service area. As shown in the bottom-left corner of the table below,existing development attracts 57,369 average weekday vehicle trips. Dividing 350,000 vehicle miles of capacity by inbound weekday vehicle trips yields an un- weighted average trip length of approximately 6.1 miles. However, the calibration of average trip length includes the same adjustment factors used in the impact fee calculations(i.e.,journey-to-work commuting, commercial pass-by adjustment and average trip length adjustment by type of land use). With these adjustments, DP Guthrie, LLC determined the weighted-average trip length to be 6.07 miles. DP Guthrie LLC 12 Exhibit C Transportation Impact Fee Study Eagle County,CO Transportation and Trails Impact Fee Study 7/12/21 Figure 5: Unincorporated Area VMT Increase Residential 210&220 4.10 HU 55% 1.14 Industrial 110 4.96 KSF 50% 0.90 Retail/Restaurant 820 37.75 KSF 24% 0.75 Office&Other Services 710 9.74 KSF 50% 0.90 Avg Trip Length(miles) 6.07 Vehicles Per Lane 1,400 <=average count per lane on roads included in improvements plan Year> Residential Housing Units 14,640 14,775 14,909 15,044 15,178 16,402 1,762 Industrial KSF 737 754 771 788 805 869 132 Retail/Restaurant KSF 1,376 1,408 1,440 1,471 1,503 1,623 247 Office&Other Services KSF 2,066 2,114 2,162 2,209 2,257 2,437 371 Residential Trips 33,013 33,318 33,620 33,924 34,226 36,987 Industrial Trips 1,828 1,870 1,912 1,954 1,996 2,155 Retail/Restaurant Trips 12,467 12,756 13,046 13,327 13,617 14,704 Office&Other Services Trips 10,061 10,295 10,529 10,758 10,992 11,868 Total Inbound Vehicle Trips 57,369 58,239 59,107 59,964 60,832 65,714 8,345 Vehicle Miles of Travel(VMT) 350,149 355,083 360,001 364,867 369,785 399,490 49,341 LANE MILES 250.1 253.6 257.1 260.6 264.1 285.4 35.3 VMT Increase Over Ten Years=> 12.4% Transportation Capital Improvements Plan Consistent with adopted long-range plans, Eagle County staff produced a Capital Improvements Plan (CIP) to address growth-related transportation needs in the unincorporated area. Planned transportation improvements over the next ten years are summarized in Figure 6, with the list sorted from largest to smallest by the amount of funding from impact fees. The County growth cost(approximately$8.48 million to be funded by impact fees) is approximately 14.7%of the total project costs and generally consistent with the projected 12.4%increase in VMT over the next ten years. The remainder funded by"Other Revenues" may include a combination of intergovernmental revenue (CDOT and Edwards Metro District) plus other County revenue sources. DP Guthrie LLC 13 Exhibit C Transportation Impact Fee Study Eagle County, CO Transportation and Trails Impact Fee Study 7/12/21 Figure 6: Transportation Improvements Plan Existing Total Funded by Funded by Improvement City/Area Benefit Lane Project Impact Fees Other District Miles Cost Revenues US 6(Lake Creek to I-70G)Lane Edwards Central Valley 1.4 $30,000,000 $3,000,000 $27,000,000 Expansion Arrowgrass Edwards Central Valley 0.4 $4,000,000 $1,000,000 $3,000,000 Intersection Hillcrest Road Edwards Central Valley 0.4 $4,000,000 $1,000,000 $3,000,000 Intersection Fox Hollow Edwards Central Valley 0.4 $4,000,000 $1,000,000 $3,000,000 Intersection SH 82/El Jebel Rd El Jebel Roaring Fork 1.0 $4,000,000 $800,000 $3,200,000 Intersection Cooley Mesa Road Gypsum Central Valley 3.5 $3,400,000 $408,000 $2,992,000 Widening US 6(I-70G to Bull Run)Sidewalks& Edwards Central Valley 0.7 $1,000,000 $250,000 $750,000 Crosswalks Valley Road El Jebel Roaring Fork 1.5 $2,000,000 $240,000 $1,760,000 Widening SH 131/Ute Creek Wolcott Central Valley 0.4 $1,200,000 $240,000 $960,000 Rd Intersection Eagle Road Eagle-Vail Central Valley 0.7 $1,500,000 $180,000 $1,320,000 Widening Brush Creek Road Eagle Central Valley 17.0 $1,000,000 $120,000 $880,000 Widening Fryingpan Road El Jebel Roaring Fork 12.5 $1,000,000 $120,000 $880,000 Widening Hwy 82/Original El Jebel Roaring Fork 1.2 $600,000 $120,000 $480,000 Road Intersection Total=> 41.1 $57,700,000 $8,478,000 $49,222,000 Cost Per Lane Mile=> $1,404,000 $206,000 DP Guthrie LLC 14 Exhibit C Transportation Impact Fee Study Eagle County, CO Transportation and Trails Impact Fee Study 7/12/21 Proposed Impact Fees for Transportation Input variables for Eagle County transportation impact fees are shown in the upper section of Figure 7. Inbound vehicle miles of travel, by type of development, are multiplied by the capacity cost per vehicle mile of travel to yield the impact fees. Given the County's ten-year transportation CIP cost of $8,478,000 for the growth cost of improvements, and the projected increase of 49,341 vehicle miles of travel over the next ten years,the capital cost is$171.82 per VMT. An example of the road impact fee calculation is shown below, using input variables for the average size dwelling unit. 4.10 weekday vehicle trip ends per dwelling unit x 0.55 adjustment factor for inbound trips, including commuting adjustment x 6.07 average miles per trip x 1.14 trip length adjustment factor for residential development x $171.82 growth cost per VMT $2,681 per dwelling unit(truncated) The text below from Trip Generation supports the consultant's recommendation to use ITE 820 Shopping Center as a reasonable proxy for all retail/restaurant development. The shopping center trip generation rates are based on 302 studies with an r-squared value of 0.79. The latter is a goodness-of-fit indicator with values ranging from 0 to 1. Higher values indicate the independent variable (floor area) provides a better prediction of the dependent variable (average weekday vehicle trip ends). If the r-squared value is less than 0.50, ITE does not publish the value because factors other than floor area provide a better prediction of trip rates. "A shopping center is an integrated group of commercial establishments. Shopping centers, including neighborhood, community, regional, and super regional centers, were surveyed for this land use. Some of these centers contained non-merchandising facilities, such as office buildings, movie theaters, restaurants, post offices, banks, and health clubs. Many shopping centers, in addition to the integrated unit of shops in one building or enclosed around a mall, include out parcels (peripheral buildings or pads located on the perimeter of the center adjacent to the streets and major access points). These buildings are typically drive- in banks, retail stores, restaurants, or small offices. Although the data herein do not indicate which of the centers studied include peripheral buildings, it can be assumed that some of the data show their effect.". DP Guthrie LLC 15 Exhibit C Transportation Impact Fee Study . Eagle County,CO Transportation and Trails Impact Fee Study 7/12/21 Figure 7: Transportation Impact Fee Schedule Input Variables for 2019 Transportation Impact Fee Average Miles per Trip 6.07 10-Year CI P County Growth Cost $8,478,000 VMT Increase Over 10 Years 49,341 Growth Cost per VMT $171.82 Residential(per dwelling unit) Square Feet of Living Avg WkdyVeh Trip Rate Trip Length Proposed Current Current Category Difference Space Trip Ends Adjustment Adjustment Fee Fee for Comparison 1000 or less 1.72 55% 114% $1,124 $2,194 ($1,070) MobileHomePark 1001 to 1500 3.13 55% 114% $2,046 $2,678 ($632) TH/DX 1501 to 2000 4.14 55% 114% $2,707 $3,034 ($327) MF 2001 to 2500 4.91 55% 114% $3,210 $3,481 ($271) TH/DX>4KSF 2501 to 3000 5.55 55% 114% $3,629 $4,378 ($749) SFD 3001 to 3500 6.08 55% 114% $3,975 $4,378 ($403) SFD 3501 to 4000 6.55 55% 114% $4,283 $4,378 ($95) SFD 4001t04500 6.96 55% 114% $4,551 $4,378 $173 SFD 4501 to 5000 7.33 55% 114% $4,793 $4,378 $415 SFD 5001 or more 7.66 55% 114% $5,009 $5,691 ($682) SFD>5KSF Nonresidential(per 1,000 square feet of floor area except Lodging) Avg Wkdy Veh Trip Rate Trip Length Proposed Current Development Type Difference Trip Ends Adjustment Adjustment Fee Fee Industrial 4.96 50% 90% $2,327 $3,190 ($863) Industrial Retail/Restaurant 37.75 24% 75% $7,086 $8,737 ($1,651) ShpCtr<100KSF Office&Other Services 9.74 50% 90% $4,571 $6,069 ($1,498) Office<100KSF Lodging(per room) 3.35 50% 90%, $1,572 $2,577 ($1,005) Hotel/Motel DP Guthrie LLC 16 Exhibit C Transportation Impact Fee Study Eagle County, CO Transportation and Trails Impact Fee Study 7/12/21 Transportation Cost and Funding Strategy Figure 8 compares the ten-year, growth cost of transportation improvements to projected impact fee revenue. The County expects to provide approximately $8.48 million in growth-related improvements within the unincorporated area in order to accommodate new development over the next ten years. As shown in the lower portion of the table, projected impact fee revenue will cover the growth cost of improvements. The revenue projection shown below is based on the demographic data described in Appendix A and the proposed fee amount for an average-size residential unit. Residential development in the service area is expected to yield approximately 56%of total transportation impact fee revenue. To the extent the rate of development either accelerates or slows down, there will be a corresponding change in the impact fee revenue and capital costs. Figure 8: Projected Impact Fee Revenue for Transportation Ten-Year Cost of Transportation Improvements Growth Cost=> $8,478,000 Transportation Impact Fee Revenue Average-Size Industrial Retail/ Office&Other Residential Restaurant Services $2,681 $2,327 $7,086 $4,571 per housing unit per 1000 Sq Ft per 1000 Sq Ft per 1000 Sq Ft Year Hsg Units KSF KSF KSF • Base 2021 14,640 737 1,376 2,066 Year 1 2022 14,775 754 1,408 2,114 Year 2 2023 14,909 771 1,440 2,162 Year 3 2024 15,044 788 1,471 2,209 Year 4 2025 15,178 805 1,503 2,257 Years 2026 15,383 816 1,523 2,287 Year 6 2027 15,588 827 1,543 2,316 Year 7 2028 15,793 837 1,563 2,346 Year 8 2029 15,998 848 1,583 2,376 Year 9 2030 16,202 858 1,603 2,406 Year 10 2031 16,402 869 1,623 2,437 10-Yrincrease 1,762 132 247 371 Projected Revenue=> $4,724,000 $307,000 $1,750,000 $1,696,000 Total Revenue(rounded)=> $8,477,000 Res Share=> 56% Nonres Share=> 44% DP Guthrie LLC 17 Exhibit C Transportation Impact Fee Study Eagle County,CO Transportation and Trails Impact Fee Study 7/12/21 Proposed Impact Fees for Trails Eagle County will fund multimodal improvements,to facilitate the movement of people within streets Right of Way (ROW), using transportation impact fees. In addition, the County will also use trail impact fees to facilitate the movement of people along linear paths that are primarily outside the ROW of a street. Both residential and nonresidential development will help fund trail improvements. As shown in Figure 9, the County will use daytime population to allocate costs. Daytime population is based on estimated residents and inflow commuters in 2018 (latest year available). Potential demand days per year assume residents could use trails each day of the year, but inflow commuters will only use trails four days per week over 48.weeks per year (i.e., two weeks of vacation and two weeks of holidays). Based on cumulative demand days, residential development accounts for 87% of the demand for trails, with a proportionate share of 13%for nonresidential development. Figure 9: Cost Allocation for Trails Cost Allocation(2018 Countywide data) Residential Nonresidential 2018 Daytime Population 54,943 15,496 Residents Inflow Commuters Potential Demand Days per Year 365 192 Total Cumulative Demand Days 20,054,195 2,975,232 23,029,427 Proportionate Share 87% 13% The County expects to complete the construction of Eagle Valley Trail at an estimated cost of approximately $26.6 million. This funding will provide an additional 12 miles of trail, including: • Three missing segments in Dotsero, Eagle-Vail, and Minturn • Segment from Horn Ranch Open Space to Edwards As shown in Figure 10, new development will pay for 22% of the projected cost, based on the latest Colorado Department of Local Affairs projections of population and jobs in Eagle County from 2020 to 2040. Eagle County expects to bond finance the completion of Eagle Valley Trail. Trail impact fees include the 22% growth share of projected interest, assuming a 20-year bond term and an interest rate of 3.5% per year. The growth share of trail construction plus interest was allocated 87% to residential development, then divided by the projected population increase over the next 20 years to yield an average cost per additional resident in the unincorporated area. In a similar way,the nonresidential share of projected costs was allocated to the projected job increase over the next 20 years to yield an average cost per additional job in the unincorporated area. The lower portion of Figure 10 lists the average number of persons per dwelling,for ten residential size thresholds. For nonresidential development,average jobs per square foot of floor area are derived from trip generation rates by type of development, published by the Institute of Transportation Engineers (ITE 2017). Because projected jobs increase at a higher growth rate than projected population, the revenue credit of $67 per job is necessary to ensure future nonresidential development only covers 13%of the growth cost (see Figure 11). Proposed trail impact fees are shown in the column with light green shading. DP Guthrie LLC 18 Exhibit C Transportation Impact Fee Study Eagle County, CO Transportation and Trails Impact Fee Study 7/12/21 Figure 10: Trail Impact Fee Schedule Input Variables for Trails 22% Infrastructure Planned Quantity Cost Factor Infrastructure Type Growth Units Over 20 Years per Mile Share Eagle Valley Trail miles 12 $2,216,667 $5,852,000 22% Payments Principal Annual Interest Growth (2x20years) Share Interest Cost for Bond $26,600,000 3.5% 40 $2,330,000 Cost Allocation Residential 87% Nonresidential 13% Revenue Net Cost Cost per Service Unincorporated Growth 2021 to 2041 Credit per per Service Unit Service Unit Unit Residential(persons) 6,185 $1,150 $0 $1,150 Nonresidential(jobs) 2,798 $380 $67 $313 Residential Impact Fees(per housing unit)for Trails Additional Persons per Square Feet of Living Space Impact Fee for Housing Unit Trails 1000 or less 0.72 $828 1001 to 1500 1.29 $1,483 1501 to 2000 1.70 $1,955 2001 to 2500 2.01 $2,311 2501 to 3000 2.27 $2,610 3001 to 3500 2.49 $2,863 3501 to 4000 2.67 $3,070 4001 to 4500 2.84 $3,266 4501 to 5000 2.99 $3,438 5001 or more 3.12 $3,588 Nonresidential Impact Fees for Trails Jobs per Additional Type Development Impact Fee for Unit Trails Industrial(per KSF) 1.63 $500 Retail/Restaurant(per KSF) 2.34 $730 Office&Other Services(per KSF) 2.97 $920 Lodging(per r000m) 0.13 $40 DP Guthrie LLC 19 Exhibit C Transportation Impact Fee Study Eagle County, CO Transportation and Trails Impact Fee Study 7/12/21 Trails Cost and Funding Strategy Figure 11 compares the 20-year,growth cost of trail construciton plus interest to projected trail impact fee revenue. The projected growth cost is approximately$8.18 million. As shown in the lower portion of the table, projected impact fee revenue matches the growth cost of improvements. The revenue projection shown below is based on the demographic data described in Appendix A and the proposed fee amount for an average-size residential unit. Residential development in the unincorporated area is expected to yield approximately 87%of total trail impact fee revenue. Nonresidential development is expected to yield 13%of the trail impact fee revenue. Figure 11: Projected Impact Fee Revenue for Trails 20-Year Cost of Trail Improvements Growth Cost plus Interest=> $8,182,000 Transportation Impact Fee Revenue Average-Size Industrial Retail/ Office&Other Residential Restaurant Services $1,932 $500 $730 $920 per housing unit per 1000 Sq Ft per 1000 Sq Ft per 1000 Sq Ft Year Hsg Units KSF KSF KSF Base 2021 14,640 737 1,376 2,066 Year 1 2022 14,775 754 1,408 2,114 Year 2 2023 14,909 771 1,440 2,162 Year 3 2024 15,044 788 1,471 2,209 Year4 2025 15,178 805 1,503 2,257 Year 5 2026 15,383 816 1,523 2,287 Year 6 2027 15,588 827 1,543 2,316 Year 7 2028 15,793 837 1,563 2,346 Year 8 2029 15,998 848 1,583 2,376 Year 9 2030 16,202 858 1,603 2,406 Year 10 2031 16,402 869 1,623 2,437 Year 11 2032 16,602 880 1,643 2,466 Year 12 2033 16,802 891 1,663 2,497 Year 13 2034 17,002 901 1,683 2,527 Year 14 2035 17,203 912 1,703 2,557 Year 15 2036 17,389 923 1,723 2,587 Year 16 2037 17,576 934 1,743 2,617 - Year 17 2038 17,762 944 1,764 2,648 Year 18 2039 17,949 955 1,784 2,678 Year 19 2040 18,135 966 1,804 2,708 Year 20 2041 18,322 977 1,824 2,738 1 20-Yr Increase 3,682 240 448 672 Projected Revenue=> $7,114,000 $120,000 $327,000 $618,000 Total Revenue(rounded)=> $8,179,000 Res Share=> 87% Nonres Share=> 13% DP Guthrie LLC 20 Exhibit C Transportation Impact Fee Study Eagle County,CO Transportation and Trails Impact Fee Study 7/12/21 Appendix A: Demographics and Development Projections Supporting documentation on population, housing units,jobs, and nonresidential floor area is essential in order to update transportation impact fees for the Eagle County. Although long-range projections are necessary for planning capital improvements, a shorter time frame of five to ten years is critical for the impact fees analysis. Infrastructure standards are calibrated using the latest available data and the first projection year is fiscal year 2022. In the Eagle County the fiscal year begins on January 1st. Summary of Growth Indicators Development projections and growth rates are summarized in Figure Al. These projections are used to estimate impact fee revenue and to indicate the anticipated need for growth-related infrastructure. However, impact fees methodologies are designed to reduce sensitivity to accurate development projections in the determination of the proportionate-share fee amounts. If actual development is slower than projected, impact fees revenues will also decline, but so will the need for growth-related infrastructure. In contrast, if development is faster than anticipated,the County will receive an increase in impact fee revenue, but will also need to accelerate the capital improvements program to keep pace with the actual rate of development. Eagle County data for the demographic analysis and development projections include 2018 census estimates of population and jobs by place of work, along with 2019 American Community Survey (ACS) tables and Public Use Micro-data Samples (PUMS). Population projections, published by Colorado State Demography Office (2021), were converted to housing units by holding constant the 2019 ratio of 1.68 year-round residents per housing unit, as reported by the U.S. Census Bureau. Job projections from the State Demography Office were converted to nonresidential floor area using average floor area multipliers, derived from the County Assessor's parcel database. Given a recommended five-year update cycle for impact fees, DP Guthrie, LLC did not vary these multipliers over time. During the next ten years, the impact fee study expects an average increase of 176 housing units per year in the unincorporated area. Unincorporated Eagle County anticipates an average increase of 75,000 square feet of nonresidential floor area per year from 2021 to 2031. County staff provided building permit records to verify projected development is consistent with actual building activity over the past three years. For residential development in the unincorporated area over the next ten years,the compound annual growth rate 1.14%. Nonresidential development in the unincorporated area is projected to increase by a compound average annual growth rate of 1.66%. DP Guthrie LLC 21 Exhibit C Transportation Impact Fee Study Eagle County, CO Transportation and Trails Impact Fee Study 7/12/21 Figure Al: Development Projections and Growth Rates Eagle County CO 2021 to 2031 Year Average Annual Increase Compound Growth Rate Residential Units 14,640 14,775 14,909 15,044 15,178 15,383 16,402 18,322 176 1.14% Nonres Sq Ft x 1000 4,179 4,276 4,373 4,468 4,565 4,626 4,929 5,539 75 1.66% 20,000 - 18,000 - 16,000 14,000 12,000 — Residential Units 10,000 —II—Nonres Sq Ft x 1000 8,000 6,000 - 4,000 111..�b� 2,000 - 0 1 2020 2025 2030 2035 2040 2045 Nonresidential Development In addition to data on residential development, the calculation of impact fees requires data on nonresidential development. DP Guthrie, LLC uses the term "jobs" to refer to employment by place of work. In Figure A2, gray shading indicates three nonresidential development prototypes used by DP Guthrie, LLC to derive vehicle miles of travel. The prototype development for Industrial jobs is "Light Industrial". Average weekday vehicle trip generation rates are from the Institute of Transportation Engineers (ITE 2017). The prototype for Commercial development is an average-size shopping center. All businesses that sell merchandise, including eating/drinking places, are considered commercial development. For Office & Other Services, the development prototype is an average-size general office building. Office&Other Services includes all business and personal services, like banks, medical offices and health care facilities. DP Guthrie LLC 22 Exhibit C Transportation Impact Fee Study Eagle County, CO Transportation and Trails Impact Fee Study 7/12/21 Figure A2: Employee and Building Area Ratios ITE I Land Use/Size Demand Wkdy Trip Ends Wkdy Trip Ends Emp Per Sq Ft Code Unit Per Dmd Unit* Per Employee* Dmd Unit Per Emp 820 Shopping Center(avg size) 1,000 Sq Ft 37.75 16.11 2.34 427 770 Business Park 1,000 Sq Ft 12.44 4.04 3.08 325 710 General Office 1,000 Sq Ft 9.74 3.28 2.97 337 620 Nursing Home 1,000 Sq Ft 6.64 2.91 2.28 438 610 Hospital 1,000 Sq Ft 10.72 3.79 2.83 354 565 Day Care Center student 4.09 21.38 0.19 N/A 530 High School student 2.03 22.25 0.09 N/A 520 Elementary School student 1.89 21.00 0.09 N/A 320 Motel room 3.35 25.17 0.13 N/A 310 Hotel room 8.36 14.34 0.58 N/A 150 Warehousing 1,000 Sq Ft 1.74 5.05 0.34 2,902 110 Light Industrial 1,000 Sq Ft 4.96 3.05 1.63 615 * Trip Generation,Institute of Transportation Engineers,10th Edition(2017). Jobs by Type of Nonresidential Development Figure A3 indicates 2019 estimates of nonresidential floor area and jobs located in Eagle County. Floor area estimates are from the Eagle County Assessor's parcel database, aggregated into three nonresidential categories. The job mix in 2019 is based on two-digit industry sectors (NAICS), as reported by the U.S. Census Bureau's On-The-Map web application. DP Guthrie, LLC converted jobs to floor area using the square feet per job multipliers shown below. Figure A3: Jobs and Floor Area Estimate 2019 Countywide AssessorSqFt Jobs SqFt/Job Industrial 2,899,663 5,297 547 Retail/Restaurant 5,410,225 11,661 464 Office&OtherServices 8,115,587 16,854 482 16,425,475 33,812 Detailed Development Projections Demographic data shown in Figure A4 provide key inputs for Eagle County's 2021 impact fee study. Cumulative data are shown at the top and projected annual increases by type of development are shown at the bottom of the table. Given the expectation that impact fees are updated approximately every five years, DP Guthrie, LLC did not evaluate long-term demographic trends such as declining household size. As discussed in the next section, DP Guthrie, LLC recommends the use of vehicle trip ends per housing unit to derive transportation impact fees. Therefore,vacancy rates and number of households are not relevant to the demographic analysis. For the 2021 impact fee analysis,the unincorporated area is assumed to maintain the 2019"capture ratio", which is 44%of countywide population, as documented by the US Census Bureau's population estimates. DP Guthrie LLC 23 Exhibit C Transportation Impact Fee Study Eagle County, CO Transportation and Trails Impact Fee Study 7/12/21 According to the latest available (2018) data from the US Census Bureau's web application (OnTheMap), the unincorporated area captures 23%of countywide jobs. Cells highlighted yellow are population and job data from the Colorada State Demography Office. The impact fee analysis includes annual data, but interim years were hidden to fit the table on a single page. Figure A4: Annual Demographic Data Eagle County CO Base Yr 1 4 9 14 19 20 FY begins January 1st • ;yr Eagle County Population Countywide Population 55,385 55,899 56,413 57,954 61,862 65,684 69,244 69,956 Percent Unincorporated 44.0% 44.0% 44.0% 44.0% 44.0% 44.0% 44.0% 44.0% Unincorporated Population 24,369 24,596 24,822 25,500 27,219 28,901 30,467 30,781 Eagle County Housing Units Persons per Housing Unit 1.68 1.68 1.68 1.68 1.68 1.68 1.68 1.68 Countywide Housing Units 32,967 33,273 33,579 34,496 36,823 39,098 41,217 41,640 Unincorporated Housing Units 14,506 14,640 14,775 15,178 16,202 17,203 18,135 18,322 Eagle County Jobs(place of work) Countywide Industrial 5,724 5,858 5,993 6,398 6,822 7,249 7,678 7,764 Countywide Retail/Restaurant 12,600 12,897 13,194 14,085 15,018 15,958 16,902 17,091 Countywide Office&Other Services 18,211 18,640 19,069 20,357 21,706 23,064 24,428 24,702 Total Countywide Jobs 36,534 37,395 38,256 40,840 43,546 46,270 49,008 49,557 Percent Unincorporated 23% 23% 23% 23% 23% 23% 23% 23% Unincorporated Industrial 1,317 1,347 1,378 1,472 1,569 1,667 1,766 1,786 Unincorporated Retail/Restaurant 2,898 2,966 3,035 3,240 3,454 3,670 3,887 3,931 Unincorporated Office&Other Services 4,189 4,287 4,386 4,682 4,992 5,305 5,618 5,681 Total Unincorporated Jobs 8,404 8,600 8,799 9,394 10,015 10,642 11,271 11,398 Unincorporated Jobs-Housing Ratio 0.58 0.59 0.60 0.62 0.62 0.62 0.62 0.62 Eagle County Nonresidential Floor Area(square feet in thousands=KSF) Unincorporated Industrial KSF 720 737 754 805 858 912 966 977 Unincorporated Retail/Restaurant KSF 1,345 1,376 1,408 1,503 1,603 1,703 1,804 1,824 Unincorporated Office&Other Services KSF 2,019 2,066 2,114 2,257 2,406 2,557 2,708 2,738 Total Unincorporated KSF 4,084 4,179 4,276 4,565 4,867 5,172 5,478 5,539 Annual Increases in Unincorporated Eagle County Population 226 226 343 337 313 313 Housing Units 135 134 204 201 186 187 Jobs 199 200 124 125 125 127 Industrial KSF 17 17 10 11 11 11 Retail/Restaurant KSF 32 32 20 20 20 20 Office&Other Services KSF 48 48 30 30 30 30 Total Nonresidential KSF 97 97 60 61 61 • 61 Customized Residential Trip Generation Rates DP Guthrie, LLC recommends a fee schedule whereby larger units pay higher impact fees in proportion to the number of service units per dwelling. Benefits of the proposed methodology include: 1) proportionate assessment of infrastructure demand using local demographic data, 2) progressive fee structure (i.e. smaller units pay less and larger units pay more), 3) more affordable fees for workforce housing, and 4) ease of fee implementation/administration. Under the current fee structure, staff determine fees based DP Guthrie LLC 24 Exhibit C Transportation Impact Fee Study Eagle County, CO Transportation and Trails Impact Fee Study 7/12/21 on residential types, such as single family, townhouse, and multififamily, with complications due to various forms of ownership(e.g. condominiums)and rental options(e.g. short-term vacation rentals). Impact fees based on size of dwelling are generally easier to administer when expressed in square feet of living space for all types of housing (excluding garages, patios and porches that are not climate-controlled). For a building with more than one residential unit, County staff will determine the average size threshold for the entire building by dividing total climate-controlled floor area by the total number of dwellings in the building. Custom tabulations of demographic data by bedroom range can be created from individual survey responses provided by the U.S. Census Bureau, in files known as Public Use Micro-data Samples (PUMS). Because PUMS files are only available for areas of roughly 100,000 persons, Eagle County is included in Public Use Micro-data Area (PUMA)400 that also includes Pitkin, Summit, Grand and Jackson Counties. At the top of Figure A5, cells with yellow shading indicate the survey results, which yield the unadjusted number of persons and vehicles available per dwelling. These multipliers are adjusted to match the control totals for Eagle County. According to 2019 ACS tables, Eagle County has an average of 1.68 persons per housing unit. Also, DP Guthrie, LLC used ACS tables B25044 to derive the average number of vehicles available per housing unit. In 2019, there was an average of 0.56 vehicles available per housing unit. The middle section of Figure A5 provides nation-wide data from the Institute of Transportation Engineers (ITE). VTE is the acronym for Vehicle Trip Ends, which measures vehicles coming and going from a development. Dividing trip ends per household by trip ends per person yields an average of 2.21 persons per multifamily household (i.e. an occupied housing unit) and 3.56 persons per single dwelling, based on ITE's national survey. Applying Eagle County's current housing mix of 44% multifamily (i.e., two or more units per structure) and 56% single-family dwellings yields a weighted average of 2.89 persons per household. In comparison to the national data, Eagle County only has an average of 1.68 year-round residents per housing unit (i.e., entire housing stock that includes vacant and seasonal units). Dividing trip ends per household by trip ends per vehicle available yields an average of 1.44 vehicles available per multifamily household and 1.48 vehicles available per single-family household, based on ITE's national survey. Applying Eagle County's current housing mix yields a nation-wide weighted average of 1.46 vehicles available per household. In comparison to the national data, Eagle County has fewer vehicles available, with an average of 0.56 vehicles available per housing unit, primarily due to the significant number of seasonal dwellings in Eagle County. Rather than rely on one methodology,the recommended trip generation rates shown in the bottom section of Figure A5 are an average of trip rates based on persons and vehicles available by bedroom range. In Eagle County, each housing unit is expected to generate an average of 4.10 Average Weekday Vehicle Trip Ends, compared to the national average of 8.51 average weekday trip ends per household. The major reason for the lower residential trip generation rate is the significant number of seasonal units in Eagle County. DP Guthrie LLC 25 Exhibit C Transportation Impact Fee Study Eagle County, CO Transportation and Trails Impact Fee Study 7/12/21 Figure A5: Demographic Multipliers by Bedroom Range 2019 PUMS Survey Results Bedroom Vehicles Housing Housing Adjusted Persons Adjusted Veh Av Persons(1) Range Available(1) Units(1) Mix per Hsg Unit per Hsg Unit 0-1 299 268 557 16% 0.87 0.29 2 831 725 997 28% 1.35 0.43 3+ 2,494 2,284 1,946 56% 2.08 0.70 Total 3,624 3,277 3,500 1.68 0.56 National Averages According to ITE(2017) ITE AWVTE per AWVTE per AWVTE per Housing Persons per Vehicles Available I Code Person Vehicle Available Household Mix(2) Household per Household . 220 MF 3.31 5.10 7.32 44% 2.21 1.44 Low-Rise 210 SFD 2.65 6.36 9.44 56% 3.56 1.48 Wgtd Avg 2.94 5.81 8.51 2.89 1.46 1. American Community Survey, Public Use Recommended AWVTE per Dwelling by Bedroom Range Microdata Sample for CO PUMA 400(2019 five-year AWVTE per AWVTE per HU unweighted data). Bedroom AWVTE per 2. Table B25024,ACS 2015-2019. HU Based Based on Vehicles Range Hsg Unit(5) 3. Adjusted persons per housing unit multiplied by on Persons(3) Available(4) national weighted average trip rate per person. 0-1 2.56 1.68 2.12 4. Adjusted vehicles available per housing unit 2 3.97 2.50 3.24 multiplied by national weighted average trip rate 3+ 6.12 4.07 5.10 per vehicle available. 5. Average of trip rates based on persons and Total 4.94 3.25 4.10 vehicles available per housing unit. DP Guthrie LLC 26 Exhibit C Transportation Impact Fee Study Eagle County,CO Transportation and Trails Impact Fee Study 7/12/21 To derive average weekday vehicle trip ends by residential unit size, DP Guthrie, LLC matched trip generation rates and average floor area, by bedroom range, as shown in Figure A6. The logarithmic trend line formula is derived from the three averages graphed in the scatter plot. Floor areas by bedroom range are derived from Survey of Construction microdata (US Census Bureau, 2019). Trip generation rates by bedroom range are derived from ACS PUMS data, as described above. Size thresholds increase by 500 square feet, up to the current maximum in the transportation impact fee schedule. Generally, larger dwellings can accommodate more persons, typically have a greater number of vehicles available and then to be occupied by higher-income residents. All of these demographic characteristics are positively and strongly correlated with higher vehicular trip generation. Figure A6: Average Weekday Vehicle Trip Ends by Dwelling Size Survey of Eagle County Averages per Housing Unit . sn. ' Construction Sq Ft Bedrooms Sq Ft(rounded) AvgWkdyVehTripEnds Sq Ft Range AWVTE per Hsg Unit 1,060 0-1 1,100 2.12 1000 or less 1.72 1,564 2 1,600 3.24 1001 to 1500 3.13 2,610 3+ 2,600 5.10 1501 to 2000 4.14 2,489 <=Average=> 2,500 2001 to 2500 4.91 2501 to 3000 5.55 Survey of Construction microdata (US Census Bureau, 2019)is for the 3001 to 3500 6.08 Mountain West Region. Average Weekday Vehicle Trip Ends(AWVTE) per housing unit by bedroom range is based on 2019 ACS PUMS data 3501 to 4000 6.55 for CO PUMA 400. 4001 to 4500 6.96 4501 to 5000 7.33 5001 or more 7.66 Average Weekday Vehicle Trip Ends per Housing Unit Eagle County CO 6.00 5.00 y = 3.482In(x) - 22.331 4.00 R2 = 0.9954 3 00 } , 1.00 0.00 0 500 1,000 1,500 2,000 2,500 3,000 DP Guthrie LLC 27 Exhibit C Transportation Impact Fee Study Eagle County, CO Transportation and Trails Impact Fee Study 7/12/21 Eagle County's 2021 impact fee study uses persons per housing unit to derive proportionate trail impact fees by dwelling size. Average floor area and number of persons by bedroom range are plotted in Figure A7, with a logarthmic trend line derived from three actual averages for the PUMA that includes Eagle County. Using the trend line formula shown in the chart, DP Guthrie, LLC derived the estimated average number of persons, by dwelling size, using 500 square feet intervals. For the purpose of impact fees, DP Guthrie, LLC recommends a minimum fee based on a unit size of 1000 square feet and a maximum fee for units 5001 square feet or more. Figure A7: Year-Round Persons per Housing Unit by Dwelling Size Survey of Eagle County Averages per Housing Unit ,•,-• ) � 1 r Construction Sq Ft Bedrooms Sq Ft(rounded) Persons Sq Ft Range Persons per Hsg Unit 1,060 0-1 1,100 0.87 1000 or less 0.72 1,564 2 1,600 1.35 1001 to 1500 1.29 2,610 3+ 2,600 2.08 1501 to 2000 1.70 2,489 <=Average=> 2,500 2001 to 2500 2.01 2501 to 3000 2.27 Survey of Construction microdata (US Census Bureau, 2019) 3001 to 3500 2.49 is for the Mountain West Region. Average Weekday Vehicle Trip Ends (AWVTE)per housing unit by bedroom range is 3501 to 4000 2.67 based on 2019 ACS PUMS data for CO PUMA 400. 4001 to 4500 2.84 4501 to 5000 2.99 5001 or more 3.12 Average Year-Round Persons per Housing Unit Eagle County CO 2.50 2.00 y = 1.4113In(x) - 9.0312 •' R2 = 0.998 1.50 •�•�,.. ,.e-"* cs,r.. 1 k�� >a fit. . " s c 0.50 a ‘ 0.� �._. ._ _.._.....�._.._..__�.____._._.._.._.._.__ 0 500 1,000 1,500 2,000 2,500 3,000 DP Guthrie LLC 28 Exhibit C Transportation Impact Fee Study Eagle County, CO Transportation and Trails Impact Fee Study 7/12/21 Appendix B: Implementation and Administration Development impact fees should be periodically evaluated and updated to reflect recent data. One approach is to adjust for inflation using an index, such as the Engineering News Record (ENR) Construction Cost Index published by McGraw-Hill Companies. This index could be applied to the adopted impact fee schedule. If cost estimates or demand indicators change significantly, the County should redo the fee calculations. Colorado's enabling legislation allows local governments to "waive an impact fee or other similar development charge on the development of low or moderate income housing, or affordable employee housing, as defined by the local government." Credits and Reimbursements Specific policies and procedures related to site-specific credits or developer reimbursements are addressed in the ordinance that establishes the transportation impact fees. Project-level improvements, normally required as part of the development approval process, are not eligible for credits against impact fees. If a developer constructs a system improvement (see the list of impact fee funded improvements), it will be necessary to either reimburse the developer or provide a site-specific credit. The latter option is more difficult to administer because it creates unique fees for specific geographic areas. DP Guthrie, LLC recommends establishing reimbursement agreements with the developers that construct a system improvement. The reimbursement agreement should be limited to a payback period of no more than ten years and the County should not pay interest on the outstanding balance. The developer must provide sufficient documentation of the actual cost incurred for the system improvement. The County should only agree to pay the lesser of the actual construction cost or the estimated cost used in the impact fee analysis. If the County pays more than the cost used in the fee analysis,there will be insufficient impact fee revenue. Reimbursement agreements should only obligate the County to reimburse developers annually according to actual fee collections from the service area. If the County collects impact fees for other types of infrastructure,site specific credits or developer reimbursements for one type of system improvement does not negate payment of impact fees for other types of infrastructure. Unincorporated Service Area The transportation impact fee service area is defined as the entire incorporated area within Eagle County. Even though Colorado's enabling legislation uses the phrase"direct benefit",transportation improvements along the 1-70 corridor will benefit new development throughout the entire service area. Development Categories Proposed transportation fees for residential development are by square feet of finished living space, excluding unfinished basement, attic, and garage floor area. Appendix A provides further documentation of demographic data by residential size threshold. Nonresidential development categories represent general groups of land uses that share similar vehicle trip generation rates. An applicant may submit an independent study to document unique demand indicators for a particular development. The independent study must be prepared by a professional engineer or certified planner and use the same type of input variables as those in the transportation impact fee methodology. The independent fee study will be reviewed by County staff and can be accepted as the basis for a unique fee calculation. If staff determines the independent fee study is not reasonable, the applicant may appeal the administrative decision to elected officials for their consideration. DP Guthrie LLC 29 Exhibit C Transportation Impact Fee Study Eagle County, CO Transportation and Trails Impact Fee Study 7/12/21 Appendix C: Pass-by Trip Adjustment Factors by Commercial Building Size Abstract For commercial developments,trip generation rates are only one of the'steps needed to determine traffic impacts. Because commercial developments attract vehicles passing by on adjacent streets, pass-by trip percentages reduce trip generation rates to more accurately assess travel demand. The following meta- analysis documents a methodology for deriving pass-by trip percentages based on the floor area of a commercial development. A fitted curve equation is provided using data from traffic studies published in the second edition of Trip Generation Handbook (ITE, 2004). The recommended methodology is suitable for impact fees, which are derived using average characteristics of the transportation system. Purpose Transportation impact fees typically rely on trip generation rates published by the Institute of Transportation Engineers (ITE). For shopping centers, trip generation rates are derived from a formula using floor area as the independent variable. The fitted curve is a logarithmic equation that yields declining vehicle trip rates per thousand square feet as shopping center size increases. However, trip generation alone does not provide a complete evaluation of traffic impacts due to pass-by and diverted trips to commercial developments. Because diverted trips still increase vehicle miles of travel, transportation impact fees apply pass-by trip adjustments or derive the "percentage of new trips" associated with new development (Oliver, 1991; Tindale, 1991). This article provides a methodology for deriving pass-by trip percentages from the floor area of commercial development. The analysis of pass-by trip percentages from traffic studies reported in Trip Generation Handbook(ITE, 2004) indicates a similar relationship to the trip generation formula for shopping centers. This Appendix specifies the decline in pass-by trip percentages as commercial floor area increases. Literature Review The literature review in this section is discussed in chronological order beginning with the 1991 version of Trip Generation. In Table VII-1, pass-by trip percentages were reported for 67 shopping centers ranging in size from 44,000 to 1,200,000 square feet. These data indicate a decline in pass-by trip percentages as shopping center size increases. During 1991 and 1992, ITE also published four journal articles on the topic of pass-by trips and how these adjustments could be applied in the calculation of impact fees. • DP Guthrie LLC 30 Exhibit C Transportation Impact Fee Study Eagle County, CO Transportation and Trails Impact Fee Study 7/12/21 In March of 1991, Moussavi and Gorman examined how pass-by trip percentages were influenced by building size and the average daily traffic on adjacent streets. Their findings regarding the relationship between average daily trips on adjacent streets and pass-by percentages are not relevant to general impact fee formulas that estimate average travel characteristics for an entire service area. Although limited to an analysis of only 12 sites, their regression analysis did confirm that floor area is a strong predictor of pass- by trips for discount stores, but not grocery stores. Because traditional grocery stores and the more modern-day version known as "discount supermarkets" tend to attract more primary trips than other comparably sized stores,this study excludes these development types. In April of 1991, William Oliver discussed how to determine average trip length from survey data and then use the results in transportation impact fees. A key concept from this article is the idea that impact fees should only assess for the percentage of new trips attributable to new development, after accounting for internal trip capture, diverted and pass-by trips. The methodologies described by Oliver are useful for individual impact fee assessments of large-scale development, but they do not address more universal adjustments for pass-by trips,which is the focus of this research. In May of 1991, Steven Tindale provided a detailed discussion of various technical issues related to transportation impact fees, including trip capture. The article is similar to Oliver's in advocating original data collection to establish trip rates, lengths and percentage of new trips. However, due to time and budget constraints, most jurisdictions derive impact fees using input variables readily available from regional, state or national sources such as Trip Generation. In May of 1992, Moussavi and Gorman provide a follow-up "refinement" to their 1991 article. One of the suggested refinements incorporated into the research presented below,was to use logarithmic, rather than linear regression. The second edition of Trip Generation Handbook (ITE, 2004), provides a data plot of average pass-by trip percentage based on gross leasable floor area of a shopping center. The fitted curve equation shown in Figure 5.5 of ITE's 2004 publication indicates a fitted logarithmic curve with an R-squared value of 0.37. The analysis presented below in Figure C3 improves the "goodness" of fit, yielding an R-squared value of approximately 0.64. DP Guthrie,LLC 31 Exhibit C Transportation Impact Fee Study Eagle County,CO Transportation and Trails Impact Fee Study 7/12/21 Analysis The general relationship between commercial building size and pass-by vehicle trips is illustrated in Figure C1. When commercial floor area, measured in thousands of square feet, is plotted on a log scale and rank- ordered, it is clear that increasing commercial building size decreases the pass-by trip percentage. In other words,small retail establishments, like a convenience store have higher pass-by trip percentages than large regional shopping malls. Figure C1 Relationship Between Commercial Building Size and Pass-By Vehicle Trips I 1,000.0 �-Floor Area(Sq Ft in thousands) —13—Pass-by Trip Percentage 100.0 V am z r s u u m G, Iut, y r cam u c� 111 5m 2'& E3 Ca-K 71 Lc. 10.0 Data Source: ITE,Trip Generation Handbook,2004. 1.0 I I I 0 10 20 30 40 50 60 70 80 90 Study Number To improve the correlation between commercial building size and pass-by trip percentage,this study used the following criteria. First, the number of interviews reported by a traffic study had to have at least 96 interviews,which ensures a maximum error of 10%in the mean at a 95%level of confidence(see Appendix B in Meyer and Miller, 2001). Second,the traffic study had to report a specific floor area of at least 1,000 square feet, rather than a floor area range. Third, traffic surveys included in the database are not older than 1989. The studies prior to 1989 include very large shopping centers of approximately one million square feet, which are rarely constructed in the current real estate market. Fourth, for consistency this analysis only includes PM-peak hour data. DP Guthrie,LLC 32 Exhibit C Transportation Impact Fee Study Eagle County,CO Transportation and Trails Impact Fee Study 7/12/21 Figure C2 provides a summary of the pass-by trip database, indicating types of development, the number of studies for each type, average floor area (in thousands of square feet) and average pass-by trip percentage. Shopping centers account for almost half of the studies and had the largest floor area, averaging 280,000 square feet. In total, the 84 studies analyzed had an average floor area of 159,000 square feet and an average of 39% pass-by trips. Figure C2 Summary of Pass-By Trips Database ITE Description #of AvgSqFt AvgPass-By Code_ Studies (thousands) Trip Pct 813 Free-Standing Discount Superstore 8 151 28 815 Free-Standing Discount Store 3 128 23 820 Shopping Center 40 280 31 843 Automobile Parts Sales 1 15 43 851 Convenience Market 4 3 72 853 Convenience Market w Gas Pumps 4 3 68 862 Home Improvement Superstore 3 99 48 863 Electronics Superstore 1 46 40 880 Pharmacy/Drugstore w/o Window 3 10 47 881 Pharmacy/Drugstore w Drive-Through 3 14 49 890 Furniture Store 2 33 46 931 Quality Restaurant 2 7 54 932 High-Turnover Restaurant 7 8 44 934 Fast-Food with Drive-Through 3 3 48 TOTAL 84 159 39 Studies in the database meet the following criteria: 1) PM-peak data; 2) Traffic survey in 1989 or afterwards; 3) Floor area at least 1,000 square feet; 4) Sample size of at least 96 interviews,which ensures a maximum error of 10%in the mean at a 95%level of confidence. DP Guthrie,LLC 33 Exhibit C Transportation Impact Fee Study Eagle County, CO Transportation and Trails Impact Fee Study 7/12/21 Figure C3 indicates a scatter plot of floor area versus percentage of pass-by trips. The best trend-line correlation between pass-by trips and floor area is a logarithmic curve with the equation((-7.6967*LN(KSF)) +69.448). The R-squared value for this curve is 0.6398,indicating the floor area accounts for approximately 64%of the variation in pass-by trip percentage. Figure C3 Percentage of Pass-By Trips I 90.0 80.0 • • 70.0 •• 60.0 '♦ ♦ • ♦ ♦ • Logarithmic Equation 50.0 ♦ • y= -7.6967Ln(x)+ 69.448 ♦♦ 40.0 lit♦ • •• R2 =0.6398 ♦ • ♦ •• 30.0 -� • — ♦ . Z • • • ♦ 20.0 • • • ♦♦ ♦♦ ♦ ♦ ♦ • ♦ 10.0 Data Source: ITE,Trio Generation Handbook,2004. 0.0 r 0.0 100.0 200.0 300.0 400.0 500.0 600.0 700.0 800.0 900.0 Square Feet of Floor Area(in thousands) • DP Guthrie,LLC 34 Exhibit C Transportation Impact Fee Study Eagle County,CO Transportation and Trails Impact Fee Study 7/12/21 The fitted curve equation allows a specific pass-by trip estimate for any size commercial building. To illustrate the change in trip generation rates and pass-by trips by size of commercial development, Figure C4 provides data for seven building-size thresholds ranging from 10,000 to 800,000 square feet of floor area. Figure C4 Trip Rates and Adjustment Factors by Size Threshold Floor Area Shopping Centers Shopping Centers Commercial Commercial in thousands (ITE 820 Weekday*) (ITE 820 PM-Peak Hour*) Pass-by Trip Adj (KSF) Trip Ends Rate/KSF Trip Ends Rate/KSF Trips** Factor*** 10 1,520 152.03 137, 13.70 52% 24% 25 2,758 110.32 251 10.03 45% 28% 50 4,328 86.56 396 7.92 39% 31% 100 6,791 67.91 626 6.26 34% 33% 200 10,656 53.28 989 4.95 29% 36% 400 16,722 41.80 1,563 3.91 23% 39% 800 26,239 32.80 2,470 3.09 18% 41% * Trip Generation,ITE,2003. ** Based on data published by ITE in Trip Generation Handbook(2004),the best trendline correlation between pass-by trips and floor area is a logarithmic curve with the equation ((-7.6967*LN(KSF))+69.448). *** To convert trip ends to vehicle trips,the standard adjustment factor is 50%. Due to pass-by trips,commercial trip adjustment factors are lower,as derived from the following formula (0.50*(1-passby pct)). To avoid double counting the same vehicle trip at both the origin and destination points, transportation impact fees typically convert trip ends to trips using a standard adjustment factor of 50%. For commercial development,trip adjustment factors are less than 50%because retail development and some services(like banks) attract vehicles as they pass by on arterial and collector roads. As shown above, for a small-size commercial development with 10,000 square feet of floor area, an average of 52% of the vehicles that enter are passing by on their way to some other primary destination. The remaining 48%of attraction trips have the commercial development as their primary destination. Because attraction trips are half of all trips, the commercial trip adjustment factor is 48% multiplied by 50%, or approximately 24%of the trip ends. DP Guthrie,LLC 35 Exhibit C Transportation Impact Fee Study Eagle County, CO Transportation and Trails Impact Fee Study 7/12/21 Conclusions The methodology presented above significantly improves the "goodness" of fit between the independent variable of commercial floor area and the dependent variable of pass-by trip percentage. Commercial trip adjustment factors may be derived for any size commercial building using the recommended logarithmic regression,thus avoiding the use of a simple average pass-by trip percentage for an individual ITE land use code. The recommended methodology also avoids the small sample-size problem that currently exists for most of the ITE land use codes that only provide pass-by data for a limited number of traffic studies. The recommended use of pass-by trip adjustment factors by size of commercial development will improve transportation impact fees that are intended to proportionately allocate the cost of growth-related infrastructure to new development. References Institute of Transportation Engineers. 2003. Trip Generation. Washington, DC. Institute of Transportation Engineers. 2004. Trip Generation Handbook. Washington, DC. Meyer, Michael D.and Eric J. Miller. 2001. Urban Transportation Planning: A Decision-Oriented Approach. New York: McGraw-Hill Higher Education. Moussavi, Massoum and Michael Gorman. "A Study of Pass-By Trips Associated with Retail Developments." ITE Journal, March 1991: 43-47. Moussavi, Massoum and Michael Gorman. "Refinement of Procedures Used for Estimating Pass-By Trip Percentages." ITE Journal, May 1992: 13-16. Oliver, William E. "Measuring Travel Characteristics for Transportation Impact Fees." ITE Journal, April 1991: 11-15. Tindale, Steven A. "Impact Fees: Issues, Concepts and Approaches." ITE Journal, May 1991: 33-40. DP Guthrie,LLC 36 Exhibit C Transportation Impact Fee Study Eagle County,CO Transportation and Trails Impact Fee Study 7/12/21 Appendix D: References Been,Vicki. 2005. "Impact Fees and Housing Affordability", Cityscape: Journal of Policy Development and Research,Vol. 8, No. 1, 139-185. Bochner, Brian, Kevin Hooper, and Benjamin Sperry. 2010. "Improving Estimation of Internal Trip Capture for Mixed-Use Development" ITE Journal 80(8): 24-28, 33. Currans, Kristina and Kelly Clifton. 2015. "Using Household Travel Surveys to Adjust ITE Trip Generation Rates"Journal of Transport and Land Use,Vol. 8, No. 1, pp. 85-119. Daisa, James, M. Schmitt, P. Reinhofer, K. Hooper, B. Bochner and L. Schwartz. 2013. "Trip Generation Rates for Transportation Impact Analyses of Infill Developments" Transportation Research Board NCHRP Report 758. Ewing, Reid and Robert Cervero. 2010. "Travel and the Built Environment" Journal of the American Planning Association, 76:3, 265-294. Frank, Lawrence and Gary Pivo. 1992. "Impacts of Mixed Use and Density on Utilization of Three Modes of Travel: Single-Occupant Vehicle,Transit, and Walking"Transportation Research Record 1466. Guthrie, Dwayne and Carson Bise. 2015. "Next Generation Transportation Impact Fees" Planning Advisory Service Memo January/February,American Planning Association. Litman,Todd. 2015. Analysis of Public Policies that Unintentionally Encourage and Subsidize Urban Sprawl. Victoria Transportation Policy Institute. Moore,Terry, Paul Thorsnes and Bruce Appleyard. 2007. The Transportation/Land Use Connection (new edition). PAS Report 546-47. Chicago, IL: American Planning Association. Myers, Dowell (editor). 1990. Housing Demography: Linking Demographic Structure and Housing Markets. Madison, WI: University of Wisconsin Press. Nelson, Arthur, ed. 1988. Development Impact Fees. Chicago: Planners Press. Nelson,Arthur, Liza Bowles,Julian Juergensmeyer, and James Nicholas. 2008. A Guide to Impact Fees and Housing Affordability. Island Press. Nicholas,James, Arthur Nelson, and Julian Juergensmeyer. 1991. A Practitioner's Guide to Development Impact Fees. Chicago: Planners Press. Reid Ewing, Michael Greenwald, Ming Zhang, Jerry Walters, Mark Feldman, Robert Cervero, Lawrence Frank, and John Thomas. 2011. "Traffic Generated by Mixed-Use Developments: Six-Region Study Using Consistent Built Environmental Measures"Journal of Urban Planning and Development 137(3): 248-61. Resource Systems Group, Fehr&Peers, Robert Cervero, Kara Kockelman,and Renaissance Planning Group. 2012. Effect of Smart Growth Policies on Travel Demand. Strategic Highway Research Program 2 Report S2-C16-RR-1.Transportation Research Board of the National Academies. Schneider, Robert,Susan Handy and Kevan Shafizadeh. 2014. "Trip Generation for Smart Growth Projects" Access 45, University of California Transportation Center. Seggerman, Karen, Kristine Williams, Pei-Sung Lin,and Aldo Fabregas. 2009. Evaluation of the Mobility Fee Concept. Center for Urban Transportation Research, University of South Florida. Steiner, Ruth, and Siva Srinivasan. 2010. VMT-Based Traffic Impact Assessment: Development of a Trip Length Model. Center for Multimodal Solutions at the University of Florida. DP Guthrie,LLC 37