HomeMy WebLinkAboutR24-077 Amendment to the Text of the Eagle County Land Use Regulations Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF
Commissioner Chandler-Henry moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2024 - 077
APPROVAL OF AN AMENDMENT TO THE TEXT OF THE EAGLE COUNTY LAND
USE REGULATIONS
Eagle County File No. LUR-009446-2024
WHEREAS, the Board of County Commissioners of the County of Eagle, State of
Colorado (hereinafter the "Board"), is authorized, pursuant to State enabling legislation
including, but not limited to, C.R.S. § 29-20-101, et. seq, C:R.S. § 30-11-101, et. seq, C.R.S. §
30-15-101, et. seq, C.R.S. § 30-28-101, et. seq, and C.R.S. § 43-2-101, et. seq, to plan for and
regulate the use and development of land and public roadways in the unincorporated territory of
the County of Eagle, State of Colorado, for the purpose of promoting the health, safety,
convenience, order, prosperity, and welfare of the present and future inhabitants of the County of
Eagle; and
WHEREAS, pursuant to such authority, the Board has adopted such zoning, subdivision,
building, and technical regulations, which regulations have been incorporated into one
comprehensive document entitled the "Eagle County Land Use Regulations" (hereinafter the
"ECLUR"),pursuant to Resolution No. 82-26, and as subsequently amended; and
WHEREAS, the ECLUR requires periodic amendments to clarify language, add new
definitions and/or information, or add updates which correspond with industry practice or state
law; and
WHEREAS, C.R.S. § 30-28-116, ECLUR Section 1.15 - Amendments, and ECLUR
Section 5-230 - Amendments to the Text of These Land Use Regulations or the Official Zone
District Map expressly allow the Board to amend the ECLUR following a recommendation by
the County Planning Commissions; and
WHEREAS, ECLUR Section 5-230.B.2 - Text Amendment allows the Planning Director
to submit an application to amend the ECLUR; and
WHEREAS, on or about May 23, 2024, the Eagle County Community Development
Department, with authorization from the Planning Director consistent with ECLUR Section
1-130.B, submitted an application (hereinafter the "Application") for an amendment to the text
of Chapter I, Chapter II Article 4, Chapter II Article 7, Chapter II Appendices, and Chapter III of
the ECLUR in order to correct certain typographical errors, transfer certain technical
development standards into the Eagle County Engineering Criteria Manual, and remove the
Eagle County Building Resolution from the ECLUR to establish the Building Resolution as a
Eagle County, co 202413988
Regina O'Brien 11/14/2024
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standalone document; and
WHEREAS, the amendments to the ECLUR proposed by the Application are delineated
in Exhibit A,which is attached hereto and incorporated herein by reference; and
WHEREAS, in accordance with ECLUR Section 1.15.05 - Public Hearing, ECLUR
Section 5-210.E.1 - Notice in Newspaper, and ECLUR Section 5-230.C.1 - Review of
Applications, notice of the Application was was duly published in a newspaper of general
circulation throughout the County concerning the subject matter of the Application and setting
forth the date and time of meetings for consideration of the Application by the Planning
Commissions; and
WHEREAS, the Eagle County Planning Commission reviewed the Application at a
public hearing on August 7, 2024, and recommended approval of the Application to the Board;
and
WHEREAS, the Roaring Fork Valley Regional Planning Commission reviewed the
Application at a public hearing on August 8, 2024, and recommended approval of the
Application to the Board; and
WHEREAS, in accordance with ECLUR Section 1.15.05 - Public Hearing, ECLUR
Section 5-210.E.1 - Notice in Newspaper, and ECLUR Section 5-230.C.1 - Review of
Applications, notice of the Application was duly published in a newspaper of general circulation
throughout the County concerning the subject matter of the Application and setting forth the date
and time of meetings for consideration of the Application by the Board; and
WHEREAS, at its public hearing held on October 7, 2024, the Board considered the
Application and the Staff Report; a presentation from the Eagle County Community
Development Department; and statements and concerns of all other interested parties, including
members of the public; and
WHEREAS, at the conclusion of the hearing on October 7, 2024, the Board unanimously
voted to approve the Application with one (1) condition, concluding after hearing and seeing the
evidence presented in these proceedings that the proposed amendments are necessary and proper
for the protection of public health, safety, and welfare and in the best interest of the inhabitants
of the County of Eagle, State of Colorado; and
WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive
Plan for the unincorporated areas of Eagle County, comments from the Eagle County Planning
Department, comments from public officials and agencies, recommendation of the Planning
Commissions, and comments from all interested parties, the Board further finds as follows:
1. THAT, proper public and public notice was provided as xequired by law for the
hearings before the County Planning Commissions and the Board.
2. THAT, the Application complies with the standards in ECLUR Chapter I, Section
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1.15 as set forth below:
A. Conformance with the Comprehensive Plan and Land Use
Regulations. Pursuant to Section 1.15, the Application is in substantial
conformance with the purposes, intents, goals and policies of the
Comprehensive Plan by ensuring development in Eagle County is
adequately designed to serve existing and future land uses, development,
and infrastructure. The Application is in substantial conformance with the
ECLUR by promoting the health, safety, environment, and general welfare
of residents. Because amendments to the Eagle County Building
Resolution are not proposed to be adopted until January 1, 2025 a
condition of approval delaying the removal of Chapter III and pertinent
Chapter I language is required:
Condition#1: Chapter III and language related to building responsibilities
of the building official in Chapter I shall be removed from the Eagle
County Land Use Code on January 1, 2025.
3. THAT, the Application for an Amendment to Chapter II of the Text of the Land
Use Regulations complies with the standards in ECLUR Chapter II Section 5-230
-Amendment to the Text of These Land Use Regulations or the Official Zone
District Map, as set forth below:
A. Conformance with the Comprehensive Plan. Pursuant to Section
5-230.D.1.a, the Application is in substantial conformance with the
purposes, intents, goals and policies of the Comprehensive Plan by
ensuring development in Eagle County is adequately designed to serve
existing and future land uses, development, and infrastructure.
B. Compatible with Surrounding Uses. Pursuant to Section 5-230.D.2, the
Application does not involve a change to zoning or zoning regulations and
does not propose any changes which affect permissible land uses or
dimensional limitations and therefore does not impact compatibility.
C. Public Benefit. Pursuant to Section 5-230.D.3, the Application provides a
public benefit through relocation of site development standards and the
Building Resolution to avoid unnecessary administrative burden for future
amendments, which will better serve the public.
D. Change of Circumstances. Pursuant to Section 5-230.D.4, the
Application ensures a high level of administrative adaptability and
provides the expected high level of service and customer support to the
community at large. The Application allows site development standards
and the Building Resolution to be amended more quickly in response to
material changes in technology, industry standards, and environmental
concerns.
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E. Adequate Infrastructure. Pursuant to Section 5-230.D.5, the Application
ensures people within Eagle County continue to be served by adequate
roads, water, sewer, and other public use facilities through the enforcement
of various standards that protect against inadequate development.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT, the amendments to the ECLUR as set forth in Exhibit A are hereby approved,
with the following condition:
1. Chapter III and language related to building responsibilities of the building
official in Chapter I shall be removed from the Eagle County Land Use Code on
January 1, 2025.
THAT, The Eagle County Building Resolution previously forth in Chapter III of the
ECLUR shall continue to exist as a standalone, adopted document when it is removed from the
ECLUR on January 1, 2025.
THAT, the certain technical development standards identified in the Application remain
in effect and shall be transferred into the Eagle County Engineering Criteria Manual as of
December 1, 2024.
THAT, all other amendments to the ECLUR proposed by the Application shall be
effective as of December 1, 2024; and
THAT, these amendments to the ECLUR shall neither constitute nor be construed as a
waiver of any violations existing at the time of adoption of this Resolution.
THAT, should any section, clause, provision, sentence or word of this Resolution,
including the attached Exhibits, be declared by a Court of competent jurisdiction to be invalid,
such decision, shall not affect the validity of this Resolution as a whole or any parts thereof,
other than the part so declared to be invalid. For this purpose, this Resolution is declared to be
severable.
THAT, except as expressly altered, modified, and changed by the Application, all
existing terms and provisions of the ECLUR shall remain in full force and effect. The sections of
ECLUR as amended by the Resolution are set forth in Exhibit B.
THAT, this Resolution is necessary for the public health, safety, and welfare of the
inhabitants of the County of Eagle, State of Colorado.
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MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, on this 12th day of November, 2024, nunc pro tunc October
7, 2024.
f— Signed by:
°``A"``�.a COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
`OLQS^°° BOARD OF COUNTY COMMISSIONERS
ATTEST: r-Signed by: \ Signed by:
Ktliina 6116viwl. By: 111441- S AA-Yr
rOD62F24880C110... 81E7B2D718E0473...
Clerk to the Board Matt Scherr
County Commissioners ChaEir
DocuSigned by:
i7e_e?...s
rAdAr17AFRAA474
Jeanne McQueeney
Commissioner
Signed by:
r'I A1AA N
ARARR1 FFGEAddnZ
Kathy Chandler-Henry
Commissioner
Commissioner McQueeney seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Scherr Aye
Commissioner McQueeney Aye
Commissioner Chandler-Henry Aye
This resolution passed by 3/0 vote of the Board of County Commissioners of the
County of Eagle, State of Colorado
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Exhibit A-ECLUR Text Amendments
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EXHIBIT A
CHAPTER 1:GENERAL PROVISIONS INTRODUCTION
CHAPTER 1
GENERAL PROVISIONS
1.01 INTRODUCTION
These Regulations are divided into six major sections:
Chapter I contains the purpose and authority of Eagle County to enact these
Regulations, a brief discussion of the general provision of the various
regulations, a section on enforcement and amendment procedures.
Chapter II contains the Zoning and Subdivision Regulations. This Section
addresses the permitted uses and densities allowable in the various zoning
categories as well as the procedures required in order to subdivide real
property.
Chapter TIT contains the Bu ii bR solut' h' h f rth th l ti _ f
. Chapter III formerly
included the Building Resolution which is now a stand alone document adopted
by separate resolution. (am. 01/01/25)
Chapter IV formerly included regulations pertaining to Individual Sewage
Disposal Systems (ISDS); now statutorily referred to as On-Site Wastewater
Treatment Systems (OWTS). The Eagle County Public Health Agency On-Site
Wastewater Treatment System(OWTS)regulations are promulgated by the
Eagle County Board of Health as a stand-alone document. Chapter IV has been
reserved for future use. (amd. 07-29-2014)
Chapter V formerly contained regulations addressing construction
within County rights-of-way. Those regulations were removed from
the Land Use Regulations in 2023, and incorporated into the Eagle
County Engineering Manual, which exists as a standalone document.
(am. 12/01/24)
Chapter VI sets forth the activities and areas of State interest regulated by the
County to include:
1) Site selection and construction of major new water and
sanitation facilities.
2) Major extension of water and wastewater distribution lines.
3) Efficient utilization of municipal and industrial
water projects.
4) Construction activities within floodplains.
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CHAPTER 1:GENERAL PROVISIONS INTRODUCTION
Taken as a whole, this document provides a comprehensive set of regulations to provide
for orderly growth in Eagle County. Depending on the activity, one or more of the
regulations may apply. Each Chapter will be available to purchase separately depending
on the applicant's particular needs. Any questions which might arise concerning the
application of these Regulations can be directed to the Department of Community
Development.
1.02 PURPOSES
This document provides a compendium of regulations which govern land use in the
unincorporated areas of Eagle County.
These Land Use Regulations are designed to promote the health, safety, convenience,
order, prosperity, and welfare of the present and future inhabitants of Eagle County in
accordance with the Eagle County Master Plan, including the lessening of congestion
and reducing the waste of excessive amounts of roads; promoting energy conservation;
securing safety from fire, floodwater and other dangers; providing adequate light and
air; classification of land uses and distribution of land development and utilization;
protecting the tax base of the County; securing economy in governmental expenditures;
fostering the County's agricultural, forestry, resort, business, mining, and other
economic bases; protecting both urban and non-urban development; conserving the
value of property and encouraging the most appropriate use of land.
These Land Use Regulations are further intended to protect the public health, safety,
and welfare by regulating activities and development in hazardous areas; protecting
lands from activities which would cause immediate or foreseeable material danger to
significant wildlife habitat and would endanger a wildlife species; preserving and
regulating areas of historical and archaeological importance with respect to the
establishment of roads on public lands administered by the federal government. This
authority includes authority to prohibit, set conditions or require a permit for the
establishment of any road authorized under the general right-of-way granted to the
public by 43 U.S.C. 932 (R.S. 2477); regulating the location of activities and
development which may result in significant changes in population density; providing
for phased development of services and facilities; regulating the use of land on the basis
of the impact thereof on the community or surrounding areas; and otherwise planning
for and regulating the use of land so as to provide planned and orderly use of land and
protection of the environment in a manner consistent with constitutional rights.
1.03 AUTHORITY
Eagle County is authorized by law to regulate zoning, planning, subdivision of land, and
building by virtue of Section 30-28-101 et seq., C.R.S., and Section 30-28-201 et seq.,
C.R.S., respectively, as amended; to regulate certain activities on and uses of land by
Section 29-20-101 et seq., C.R.S., as amended; to designate and administer
Areas and Activities of State Interest by Section 24-65.1-101 et seq. and Section
24-32-111, C.R.S.; to regulate planned unit developments by Section 24-67-104 et seq.,
C.R.S., as amended; to regulate On-Site Wastewater Treatment Systems (OWTS)by
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CHAPTER 1:GENERAL PROVISIONS INTRODUCTION
Section 25-10-101 et seq., C.R.S., as amended; and to regulate construction activities
within public ways by Section 30-11-107, C.R.S., as amended. (amd. 07-29-2014)
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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.
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CHAPTER 1:GENERAL PROVISIONS SEPARABILITY
1.06 CONSTRUCTION
The following six statements are rules regarding the construction of language in these
Land Use Regulations, except Chapter II:
1) The particular has precedence over the general statements. In the event of any
conflict, inconsistency, or incongruity between the general provisions
(Chapter I) of these Land Use Regulations and any provision contained in the
remaining Chapters of these Land Use Regulations which set forth specific
requirements for development(Chapters II-VI), the provisions within the
applicable Chapter which sets forth specific requirements shall in all respects
govern and control.
2) In case of any difference of meaning or implication between the text of
these Land Use Regulations and captions for each section, the text shall
control.
3) The word "shall" is always mandatory and not directory. The word "may" is
permissive.
4) Words used in present tense include the future,unless the context
clearly indicates the contrary.
5) Words used in the singular shall include the plural,unless the context
clearly indicates the contrary. Words in one gender shall be deemed to
include the other gender.
6) Any definition used in the applicable Colorado Statutes may be used in
these Land Use Regulations and if the statutory definitions conflict, then the
statutory definitions shall govern.
1.07 SEPARABILITY
It is hereby declared to be the legislative intent that the several provisions of these Land
Use Regulations shall be severable, in accordance with the provisions set forth below:
1) If any provision of these Land Use Regulations is declared to be invalid by a
decision of any court of competent jurisdiction, it is hereby declared to be
the legislative intent that:
a) The effect of such decision shall be limited to that provision or
provisions which are expressly stated in the decision to be invalid;
and
b) Such decision shall not affect, impair, or nullify these Regulations as
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CHAPTER 1:GENERAL PROVISIONS SEPARABILITY
a whole or any other part thereof, but the rest of these Regulations
shall continue in full force and effect.
2) If the application of any provision of these Land Use Regulations to any lot,
building, other structure or tract of land is declared to be invalid by a decision
of any court of competent jurisdiction, it is hereby declared to be the
legislative intent that:
a) The effect of such decision shall be limited to that lot, building,
other structure or tract of land immediately involved in the
controversy, action or proceeding in which the judgment or decree of
invalidity was rendered; and
b) Such decision shall not affect, impair or nullify these Regulations as
a whole or the application of any provision thereof, to any other lot,
building, other structure or tract of land.
1.08 REPEAL
All prior Resolutions of the Eagle County Board of County Commissioners which are
inconsistent with the provisions of these Land Use Regulations are hereby repealed to
the extent of such inconsistency only. The repeal of any of the above-mentioned
resolutions does not revive any other resolution or portion thereof repealed by said
resolution, and such repeals shall not affect or prevent the prosecution or punishment of
any person for the violation of any resolution repealed hereby for an offense committed
prior to the repeal.
1.09 ADMINISTRATION OVER PLATTING
1) All plans of improvements for public use and all plans,plats,plots, and
replots of land laid out in subdivision or building lots and the roads, alleys, or
other portions of the same, intended to be dedicated to a public use or the use
of purchasers or owners of lots fronting thereon or adjacent thereto, shall be
submitted to the Planning Commission and the County Commissioners for
review and subsequent approval, conditional approval, or disapproval. It shall
not be lawful to record any such plan or plat in any public office unless the
same shall bear thereon, by endorsement or otherwise, the approval of the
County Commissioners.
2) No changes, erasures, modifications, or revisions shall be made on the
Final Plat after the approval by the County Commissioners without
replatting.
1.10 PERMITS
No permits of any kind shall be issued by the County Building Department, nor any
other administrative office of the County, for the construction of any building or other
improvements upon any land to which these Land Use Regulations apply unless and
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CHAPTER 1:GENERAL PROVISIONS SEPARABILITY
until the requirements thereof have been met. In particular, no permits of any kind will
be issued by the County unless or until a landowner or applicant has complied with the
provisions of the Land Use Regulations governing the subdivision, platting,
partitioning, or other division of land. (am. 12/01/24)
1.11 JURISDICTION
These Land Use Regulations shall apply to all lands within the unincorporated territory
of Eagle County.
1.12 TITLE
These Land Use Regulations shall be referred to as the "Eagle County Land Use
Regulations" or "Land Use Regulations."
1.13 EFFECTIVE DATE, FILING WITH COUNTY CLERK AND RECORDER
1) These Land Use Regulations shall become effective upon adoption by
the Board of County Commissioners.
2) Upon adoption of these Land Use Regulations and any amendments thereto,
the Board of County Commissioners shall file a certified copy of the same
in the office of the County Clerk and Recorder which shall be kept and there
made available for public inspection during reasonable times. In addition, a
certified copy of these Land Use Regulations and any amendments thereto
adopted by the Board of County Commissioners shall be certified to the
County Clerk and Recorder for recording in the same manner as any other
document relating to real property.
1.14 ENFORCEMENT
1.14.01 Generally
1) The Board shall provide for the enforcement of the zoning or other County
supplementary regulations by means of withholding building permits. It shall
be unlawful to erect, construct, reconstruct, alter or change the use of any
building or other structure within the unincorporated territory covered by
County such zoning or other general regulations without obtaining a building
permit from the County Building Official Inspector, (see Chapters II and-VI
of these Land Use Regulations, the Eagle County Public Health Agency
OTWS Regulations and the Eagle County Building Resolution for specific
exemptions to the respective Regulations). The County Such Building Official
Inspector shall not issue any building or other permits unless the plans for the
proposed erection, construction, reconstruction, alteration, or use fully
conform to all zoning and general regulations then in effect. (am. 12/01/24)
2) It shall be unlawful to erect, construct, reconstruct, alter, maintain or use any
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CHAPTER 1:GENERAL PROVISIONS SEPARABILITY
building or structure or to use any land in violation of any regulation in, or
of any provisions of, any zoning or general regulations of these Land Use
Regulations, or any amendments thereto, (see Chapters II and-VI of these
Land Use Regulations, the Eagle County OTWS regulations and the Eagle
County Building Resolution for specific exemptions). (am. 12/01/24)
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CHAPTER 1:GENERAL PROVISIONS ENFORCEMENT
a) Any person, firm, or corporation violating any such regulation,provision,
or amendment to these Land Use Regulations commits a civil infraction. is
a fine e f not m th ne hundred dollar ($1 nm, L. t
�u
the Ctunt ^il f r no+ th t (10) d t. b th 1. f a
(See also, Chapter II, Section 7). Each day during which
such illegal erection, construction, reconstruction, alteration, maintenance,
or use continues shall be deemed a separate offense. (am. 05/01/07) (am.
12/01/24)
b) -In-addition-143-adszlitieit-te-sush-GriMinal-penaltiesAny person, firm or corporation
violating these Land Use Regulations may be subject to a civil penalty in
an amount of not less than five hundred dollars ($500) nor more than one
thousand dollars ($1,000), (See also, Chapter II, Section 7). Each day
during which such violation continues shall be deemed a separate offense
and shall be the subject of a continuing penalty in an amount not to
exceed one hundred dollars ($100) for each such day. (orig. 05/01/07) (am_
12/01/2024)
c) In addition to other remedies provided by law, the County Attorney may
institute an injunction, mandamus, abatement, or other appropriate action
or proceeding to prevent, enjoin, abate, or remove such unlawful
erection, construction, reconstruction, alteration, maintenance or use.
(orig. 05/01/07)
3) The Zoning Administrator, or authorized representative, is authorized to enter
upon private property for the purpose of administering these Land Use
Regulations. The owner of the property shall give the Zoning Administrator
free access after Eagle County has given reasonable notice for such survey or
inspection. If access is denied, the Zoning Administrator may apply to the
District Court of Eagle County for an order authorizing entry. If a violation
shall be found to exist, the Zoning Administrator, or authorized representative,
shall give written notice to the violator to correct such violation within ten
(10) calendar days after the date of such notice. Should the violator fail to
correct the violation within such ten(10) day period, the Eagle County Zoning
Administrator, or authorized representative, may request that the County
Sheriff issue a summons and complaint to the violator, stating the nature of the
violation with sufficient particularity to give notice of said charge to the
violator. The summons and complaint shall require that the violator appear in
County Court at a definite time and place stated therein to answer and defend
the charge. pne copy of said summons and complaint shall be served upon the
violator by the County Sheriff in the manner provided by law for the service of
a criminal summons. One copy each shall be retained by the Sheriff and the
Eagle County Department of Community Development, and one copy shall be
transmitted by the Sheriff to the Clerk of the County Court. (am. 05/01/07)
•
Notwithstanding the foregoing, the issuance of a written notice as specified in
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CHAPTER I:GENERAL PROVISIONS ENFORCEMENT
the paragraph next above shall in no way or manner be deemed a prerequisite
to the institution of any enforcement proceedings set forth herein; and
provided further, that compliance with such written notice shall not necessarily
be deemed to be a defense to any alleged violation of these Land Use
Regulations in any court action instituted seeking full compliance therewith,
but evidence of compliance with such order may be introduced as matter in
mitigation and extenuation.
4) The County Attorney's office is hereby authorized to enforce the provisions
of this Section on behalf of the Board of County Commissioners.
1.14.02
1) The County Building Official or his designated representative is authorized to
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obtaining a building permit from the County Building Official or his designated
representative except when expressly exempt from the Eagle County Building
Resolution as found in Chapter III. The County Building Official or his
designated representative shall not issue any permit unless the plans for such
proposed erection, construction, reconstruction, alteration, or remodeling fully
conform to the regulations and restrictions in the County Building Code:
a. Any person, firm or corporation violating the provisions of the County
Building Code is liable upon conviction of a fine of not more than $100,
or by imprisonment ;„ the County e l f r„ot m e the + !1 0) d
by both such fine and imprisonment. Each day during which such illegal
continues-s be-d e ate-off„ v , 5,, ,
749-74
iti 1 „ 1+; +;
violating these Land Use Regulations may be subject to a civil penalty in
„t o f„ t l e s th^ f:, e h. „dre.l doll^ ($500l th
a-eent-ihuihg-penalof „t„ot t ed h ,l d d I t
($100) for each day. Until paid, any civil penalty ordered by the County
violation has been found to exist. In case the assessment is not paid within
thirty
(30) days, it may be certified by the County Attorney to the County
Treasurer, who shall collect the assessment, together with a ten percent
penalty for tho st o f collectio„ „ the th +.11ected A„., lien „laced ^ „st a „erty „ „t to th; t' h ll
be orded..'ith the Eagle my Clerk na . am. 05/01/07)
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CHAPTER/:GENERAL PROVISIONS PUBLIC HEARING
c. In addition to other remedies provided by law, the County Attorney may
r o a
erectionwrrstrac ion,rcwnscrcr t• , It t' / nc/O1/m
2) Wh C t y B ld a' I sr cto r Code Ev,forco ent Offi. r ha
She shall giv_ tt--_n ±i-- t- th i-l t t t th 1 t' ithi„ te„ (1 0)
en1enElaf-elays-nft-ef4he--clate-ef-the-netic-e,--ALlier-e-the-vielater--faits-te-eeffeet-the
1 t' •th' tL, t /10) rl .1 the County B il,1i„g I s„ector or rode
cco plaint-to the viol t6 , t t tl fi f the , olntio . ,itl s ff cie t
particularity t^ oti, f the 5 charge t^ the plat^ . Any violation of the
(am. 05101/07)
1.14.03 Reserved for future use. (amd. 07-29-2014)
1.14.04 Road Cut and Road Construction within Public Ways
1) It shall be unlawful for any person to make, construct,reconstruct, or alter any
opening, excavation, tunnel, sidewalk, curb, gutter, street, or to perform any
other work of any kind within the public way which will result in physical
alteration thereof,unless such person shall first have obtained a road cut and/or
road construction permit for the performance of such, and unless such work
shall be performed in conformity with the terms and provisions of Chapter 3 of
the Eagle County Engineering Criteria Manual. (am. 12/01/24) V of these Land
Use Regulations.
2) It shall be unlawful for any person to violate the terms of Chapter 3 of the
Eagle County Engineering Criteria Manual V of these Land Use Regulations,
or of any lawful orders or regulations issued incident thereto, including,but
not limited to the County Engineering Regulations, Design Standards and
Construction Standards. Any such violation shall render the violator
appropriate civil proceedings and/or criminal proceedings under Section 43-5-
301, C.R.A. 1973, as amended.
1.14.05 Cumulative Effect
The foregoing remedies and enforcement provisions shall be cumulative and not
exclusive and shall be in addition to any other remedies and enforcement provisions
provided by law.
1.14.06 Non-Liability for Damages
These Land Use Regulations shall not be construed to hold Eagle County in any manner
responsible for any damages to persons or property resulting from any inspection as
herein authorized or resulting from any failure to so inspect, or resulting from the
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issuance or denial of a building permit as herein provided, or resulting from the
institution of court action as hereinabove set forth or the forbearance by Eagle County
to so proceed.
1.14.07 Non-Liability of Officials
Any County Official or employee, charged with the enforcement of these Land Use
Regulations, acting in good faith and without malice on behalf of said County in the
discharge of his official duties, shall not thereby render himself personally liable for
any damages which may accrue to persons or property resulting from any such act or
omission committed in the discharge of such duties. Any suit or proceeding instituted
against such official or employee, stemming from any act or omission performed by
him in the enforcement or attempted enforcement of any provision of these Regulations,
shall be defended by the legal officer(s) of the County until final termination of the
proceedings.
1.15 AMENDMENTS
1.15.01 Scope and Authority
From time to time the Board of County Commissioners may amend any of the
provisions of these Land Use Regulations, including but not limited to the number,
shape,boundaries, area or requirements of any zone district or other areas and may
create new districts and areas. This Sectio., is f rt the" edures f r the adoption of
(am. 12/01/24)
1.15.02 Private Applications
Any private applicant seeking to propose an amendment under the procedures of this
•
Section to the provisions of these Land Use Regulations shall submit a proposal n
application to the Department of Community Development,which shall include the name
and address of the applicant and the language proposed for addition, deletion, or
amendment. (am. 12/01/24)
1.15.03 Commencement
Amendments to the provisions of these Land Use Regulations may be proposed by a
private applicant, the staff, the Planning Commission or the Board.
1.15.04 Referrals
1) Before the Department of Community Development issues a staff report to
the Planning Commission on Land Use Regulation amendments, the proposed
amendment shall be referred to any appropriate referral agencies for an
advisory opinion. The Planning Commission shall then review the staff report
and advisory opinions prior to rendering a recommendation to the Board of
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County Commissioners. (am 12/16/08)
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CHAPTER 1:GENERAL PROVISIONS PROCEDURE
2) If the proposal would affect land lying wholly or partially within three (3)
miles or within the area encompassed by the Comprehensive Plan of any
incorporated municipality, such proposal shall be referred to the City Clerk of
that municipality for recommendation by the city or town planning
commission or city council or town board, or agents designed by them. Failure
of the city to make recommendations within thirty(30) days constitutes a
waiver of its right to do so. (am 12/16/08)
1.15.05 Public Hearing
1) The Planning Commission shall hold a public hearing prior to recommending
the adoption of any amendments or changes to these Land Use Regulations-of
The time and place of such public hearing shall be
advertised by the Commission at least fifteen(15) days prior to the hearing in
a newspaper of general circulation within the County. After considering the
testimony at the public hearing and comments from governmental agencies
and interested parties, the Planning Commission shall recommend approval,
conditional approval or disapproval of the proposed changes or amendments to
the County Commissioners. (am 12/16/08) (am. 01/01/25)
2) The Board, before finally adopting any amendments or changes to these Land
Use Regulations , shall hold a public hearing thereon,
notice of which shall be published once in a newspaper of general circulation
in the County at the expense of the applicant at least thirty(30) and not more
than sixty(60) days before the hearing. Such notice shall state the date, time
and place of the hearing; the place where the proposal and relevant materials
may be examined; and a telephone number where inquiries may be answered.
Notwithstanding the foregoing public notice requirement, notice of a public
heav;ng o sed ndments to the County Building Cole shall be
given l.v, at to st ^ „bl; at;r� oT g al ,latio n the
b,v�.,, v� u, ava.��v,iv Yuv„vuv,vii ii, au i,e" o 0
county at least fifteen(15) days prior to said hearing. In no case shall the area
covered by the building code be extended or changed unless the same has
been proposed by or is first submitted for the approval, disapproval, or
suggestions
f the ^ my planning ^ (am 12/16/08)-(am. 01/01/25)
3) The proposal shall be available for public inspection in the Department of
Community Development for thirty(30) days prior to the hearing before
the Board of County Commissioners.
1.15.06 Board Action
1) In making its decision the Board shall consider the information disclosed at
the public hearing, the Department of Community Development
recommendation and any referral agency comments, any comments of
incorporated areas to which the proposal was referred, and the advisory
recommendation of the Planning Commissions. comment of the Division of
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Wig. (am. 12/01/24)
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CHAPTER I:GENERAL PROVISIONS PROCEDURE
2) If the proposal recommended by the Planning Commission is substantially
altered by the Board, then the Board shall resubmit the altered proposal to the
Planning Commission for its approval, disapproval, or suggestions. The
Planning Commission shall send its report to the Board within thirty (30)
days.
3) The planning Commission may recommend and the Board may adopt only
those amendments which it finds to be in conformance with the policies and
regulations of these Land Use Regulations, and the Eagle County Master
Plan.
1.16 APPEALS
1.16.01 Appeals to the Board of County Commissioners
Except as otherwise specifically provided in Chapter II, appeals to the Board of County
Commissioners may be taken by any person aggrieved by his inability to obtain a
building permit, or by the decision of any administrative officer or agency based upon
or made in the course of the administration or endorsement of the provisions of these
Land Use Regulations. Appeals to the Board of County Commissioners may also be
taken by any officer, department, board, or bureau of the County affected by the
granting or refusal of a building permit or by other decision of an administrative officer
or agency based on or made in the course of the administration or enforcement of the
provisions of these Land Use Regulations. Such appeal must be made within 30 days
after the occurrence of such grievance or decision which is the subject of the appeal.
1.16.02 Procedure
1) Appeals hereunder shall be initiated by the filing of a written Notice of
Appeal to the Clerk of the Board of County Commissioners. Said Notice of
Appeal shall include the following information:
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CHAPTER 1:GENERAL PROVISIONS PROCEDURE
a) The nature of the decision or grievance by which the appeal is
being taken;
b) The date of such decision or grievance, and the name of
the administrative officer or agency making the same;
c) Any applicable rules or regulations pertaining to the decision
or grievance being appealed from;
d) The name and mailing address of the Appellant;
e) Legal description of the property affected;
f) Brief factual description setting forth the particulars and reasons
for the appeal; and
g) Any other information as may be required by the Board of
County Commissioners.
2) Upon receipt of a Notice of Appeal, the Clerk of the Board of County
Commissioners shall schedule the appeal for hearing before the Board of
County Commissioners, which hearing shall not be later than thirty(30) days
from the receipt thereof,unless otherwise agreed to by the County and the
Appellantf. Written notice of the date, time and place of the hearing shall be
given not later than ten(10) days prior to the date of hearing to the Appellant
and any other person who may be affected thereby. (am. 12/01/24)
3) Not later than ten(10) days prior to the scheduled hearing, any and all exhibits,
testimony and evidence of whatsoever kind shall be transmitted to the Clerk of
the Board of County Commissioners.
4) At the hearing, the Board of County Commissioners shall consider all the
evidence transmitted to the Clerk of the Board of County Commissioners
and any additional evidence which it deems appropriate. Strict rules of
evidence shall not apply, but all additional oral evidence shall be reduced to
writing in summary form.
5) Ruling: Within twenty(20) days from the date of the hearing, the Board of
County Commissioners shall issue its written ruling affirming, modifying,
or reversing the decision or action which is the subject of the appeal. Copies
of the Ruling shall be mailed to the Appellant and any other interested
parties.
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Table of Contents
Page
Article 1 General Provisions
Section 1-100 Title & Short Title 1-1
Section 1-110 Authority 1-1
Section 1-120 Purpose 1-1
Section 1-130 Rules of Construction 1-1
Section 1-140 Applicability 1-4
Section 1-150 Exemptions: Effect of These Land Use Regulations on Previously
Approved Development
1-6
Section 1-160 Repealer 1-8
Section 1-170 Severability 1-8
Article 2 Definitions
Section 2-100 Purpose 2-1
Section 2-110 Definitions 2-1
Article 3 Zone Districts
Division 3-1 General
Section 3-100 Establishment of Zone Districts 3-1
Section 3-110 Official Zone District Maps 3-1
Section 3-120 Interpretation of Zone District Boundaries 3-2
Division 3-2 Purposes of Zone Districts
Section 3-200 General 3-3
Section 3-210 Residential, Agricultural & Resource Zone Districts 3-3
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Section 3-220 Commercial & Industrial Zone Districts 3-5
Section 3-230 Planned Unit Development (PUD) Zone District 3-5
Section 3-240 Eagle-Vail PUD 3-6
Division 3-3 Use & Dimensional Standards
Section 3-300 Residential, Agricultural & Resource Zone Districts Use
Schedule
3-7
Section 3-310 Review Standards Applicable to Particular Residential, Agricultural
& Resource Uses 3-12
Section 3-320 Commercial & Industrial Zone Districts Use Schedule 3-51
Section 3-330 Review Standards Applicable to Particular Commercial & Industrial
Uses 3-56
Section 3-340 Zone District Dimensional Limitations 3-61
Section 3-350 Floodplain Overlay District 3-69
Article 4 Site Development Standards
Division 4-1 Off-Street Parking & Loading Standards
Section 4-100 Purpose 4-1
Section 4-110 Applicability 4-1
Section 4-120 Number of Required Parking & Loading Spaces 4-1
Section 4-130 General Standards for Parking & Loading Areas 4-3
Section 4-140 Design Standards for Parking & Loading Areas 4-4
Division 4-2 Landscaping & Illumination Standards
Section 4-200 Purpose 4-10
Section 4-210 Applicability 4-11
Section 4-220 Landscape Plan 4-12
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Section 4-230 Landscaping Design Principles, Standards & Materials 4-14
Section 4-240 Installation & Maintenance Requirements 4-22
Section 4-250 Illumination Standards 4-24
Division 4-3 Sign Regulations
Section 4-300 Purpose 4-24
Section 4-310 Applicability 4-25
Section 4-320 Prohibited Signs 4-26
Section 4-330 Sign Standards Applicable in All Zone Districts 4-28
Section 4-340 Sign Standards Applicable to Specific Zone Districts 4-32
Section 4-350 Procedure to Obtain Sign Permit 4-35
Section 4-360 Nonconforming Signs 4-36
Section 4-370 Violations & Penalties 4-37
Division 4-4 Natural Resource Protection Standards
Section 4-400 Purpose 4-38
Section 4-410 Wildlife Protection 4-38
Section 4-420 Development in Areas Subject to Geologic Hazards 4-41
Section 4-425 Hillside Development 4-45
Section 4-430 Development in Areas Subject to Wildlife Hazards 4-49
Section 4-440 Wood Burning Controls 4-54
Section 4-450 Ridgeline Protection 4-56
Section 4-460 Environmental Impact Report 4-61
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Division 4-5 Commercial & Industrial Performance Standards
Section 4-500 Purpose 4-65
Section 4-510 Applicability 4-65
Section 4-520 Noise & Vibration Standards 4-65
Section 4-530 Smoke & Particulate Standards 4-65
Section 4-540 Heat, Glare, Radiation & Electrical Interference 4-66
Section 4-550 Storage of Hazardous & Non-hazardous Materials 4-66
Section 4-560 Water Quality Standards 4-66
Division 4-6 Improvements Standards
Section 4-600 Purpose 4-67
Section 4-610 Applicability 4-67
Section 4-620 Roadway Standards 4-67
Section 4-630 Sidewalk & Trail Standards 4-101
Section 4-640 Irrigation System Standards 4-102
Section 4-650 Drainage Standards 4-103
Section 4-660 Excavation & Grading Standards 4-106
Section 4-665 Erosion Control 4-106
Section 4-670 Utility & Lighting Standards 4-109
Section 4-680 Water Supply Standards 4-111
Section 4-690 Sanitary Sewage Disposal Standards 4-112
Division 4-7 Impact Fees and Land Dedication Standards
Section 4-700 School Land Dedication Standards 4-114
Section 4-710 Road Impact Fees 4-115
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Section 4-720 Emergency Service Impact Fees 4-138
Division 4-8 Eagle County Efficient Building Code (ECOBUILD): Single-
Family, Duplex , Townhouse
Section 4-8 Eagle County Efficient Building Code: Single-Family, Duplex,
Townhouse 4-145
Division 4-9 Eagle County Efficient Building Code (ECOBUILD):
Commercial, Multifamily
Section 4-9 Eagle County Efficient Building Code: Commercial, Multifamily
4-159
Division 4-10 Sustainable Community Index
Section 4-10 Sustainable Community Index... 4-171
Article 5 Administration
Division 5-1 Duties & Responsibilities of Decision-Making, Administrative
& Advisory Bodies
Section 5-100 Board of County Commissioners 5-1
Section 5-110 Planning Commission 5-2
Section 5-120 Zoning Board of Adjustment 5-6
Section 5-130 Hearing Officer 5-8
Section 5-140 Planning Director 5-9
Section 5-150 Code Enforcement Officer 5-10
Section 5-160 County Attorney 5-10
Section 5-170 County Engineer 5-11
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Division 5-2 Common Procedures
Section 5-200 General 5-12
Section 5-210 Provisions of General Applicability 5-15
Section 5-220 Interpretations 5-24
Section 5-230 Amendments to the Text of These Land Use Regulations or the
Official Zone District Map
5-25
Section 5-240 Planned Unit Development (PUD) District 5-30
Section 5-250 Special Uses 5-52
Section 5-260 Variances 5-57
Section 5-270 Subdivision Exemption 5-60
Section 5-280 Subdivision 5-62
Section 5-290 Minor Subdivision 5-81
Section 5-300 Limited Review Use 5-86
Section 5-2100 Certificate of Zoning Compliance 5-88
Section 5-2200 Public Way & Easement Vacations 5-88
Section 5-2300 Beneficial Use Determination 5-90
Section 5-2400 Appeals of Staff Decisions / Interpretations 5-95
Section 5-2500 Vested Property Rights 5-95
Section 5-2600 Temporary Regulations 5-97
Section 5-2700 Correction Plat 5-97
Article 6 Nonconformities
Section 6-100 Purpose & Intent 6-1
Section 6-110 Nonconforming Uses & Structures 6-1
Section 6-120 Nonconforming Lots of Record 6-2
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Section 6-130 Nonconformities Created By Eminent Domain Proceedings 6-5
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Article 7 Enforcement
Section 7-100 General 7-1
Section 7-110 Revocation or Suspension of Special Use Permit, Variance Permit,
PUD or Subdivision 7-2
Section 7-120 Abatement of Violations 7-4
Section 7-130 Notification to Correct Violation 7-7
Section 7-140 Other Remedies 7-8
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Appendix A
Final Plat Recording Specifications & Certificate Formats
Appendix D
Nelson Access Road
(As referenced in Article 6, Section 6-120, B.2, Nonconformities)
A� -Eli
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ARTICLE 4
SITE DEVELOPMENT STANDARDS - EAGLE COUNTY
1
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ARTICLE 4:SITE DEVELOPMENT STANDARDS TABLE OF CONTENTS
TABLE OF CONTENTS
DIVISION 4-1.OFF-STREET PARKING AND LOADING STANDARDS 4-4
SECTION 4-100. PURPOSE 4-4
' SECTION 4-110.APPLICABILITY 4-4
SECTION 4-120.NUMBER OF REQUIRED PARKING AND LOADING SPACES 4-4
SECTION 4-130. GENERAL STANDARDS FOR PARKING AND LOADING AREAS 4-6
SECTION 4-140.DESIGN STANDARDS FOR PARKING AND LOADING AREAS 4-7
DIVISION 4-2. LANDSCAPING AND ILLUMINATION STANDARDS 4-15
SECTION 4-200. PURPOSE 4-15
SECTION 4-210.APPLICABILITY 4-15
SECTION 4-220. LANDSCAPE PLAN 4-16
SECTION 4-230.LANDSCAPING DESIGN PRINCIPLES,STANDARDS AND MATERIALS 4-18
SECTION 4-240.INSTALLATION AND MAINTENANCE REQUIREMENTS 4-27
SECTION 4-250.ILLUMINATION STANDARDS 4-29
DIVISION 4-3. SIGN REGULATIONS 4-30
SECTION 4-300. PURPOSE 4-30
SECTION 4-310.APPLICABILITY 4-30
SECTION 4-320. PROHIBITED SIGNS 4-32
SECTION 4-330. SIGN STANDARDS APPLICABLE IN ALL ZONE DISTRICTS 4-34
SECTION 4-340. SIGN STANDARDS APPLICABLE TO SPECIFIC ZONE DISTRICTS 4-37
SECTION 4-350. PROCEDURE TO OBTAIN A SIGN PERMIT 4-41
SECTION 4-360.NONCONFORMING SIGNS 4-42
SECTION 4-370.VIOLATIONS AND PENALTIES 4-43
DIVISION 4-4.NATURAL RESOURCE PROTECTION STANDARDS 4-45
SECTION 4-400. PURPOSE 4-45
SECTION 4-410.WILDLIFE PROTECTION 4-45
SECTION 4-420. DEVELOPMENT IN AREAS SUBJECT TO GEOLOGIC HAZARDS 4-48
SECTION 4-425. HILLSIDE DEVELOPMENT 4-52
SECTION 4-430.DEVELOPMENT IN AREAS SUBJECT TO WILDFIRE HAZARDS 4-56
SECTION 4-440.WOOD BURNING CONTROLS 4-61
SECTION 4-450. RIDGELINE PROTECTION 4-63
SECTION 4-460. ENVIRONMENTAL IMPACT REPORT 4-69
DIVISION 4-5.COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS 4-74
SECTION 4-500. PURPOSE 4-74
SECTION 4-510.APPLICABILITY 4-74
LAND USE REGULATIONS 2 EAGLE COUNTY,COLORADO
Article 4
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ARTICLE 4:SITE DEVELOPMENT STANDARDS TABLE OF CONTENTS
SECTION 4-520.NOISE AND VIBRATION STANDARDS 4-74
SECTION 4-530. SMOKE AND PARTICULATE STANDARDS 4-74
SECTION 4-540. HEAT, GLARE, RADIATION AND ELECTRICAL INTERFERENCE 4-75
SECTION 4-550. STORAGE OF HAZARDOUS AND NON-HAZARDOUS MATERIALS 4-75
SECTION 4-560.WATER QUALITY STANDARDS 4-76
DIVISION 4-6. IMPROVEMENTS STANDARDS 4-77
SECTION 4-600. PURPOSE 4-77
SECTION 4-610.APPLICABILITY 4-77
SECTION 4-620.ROADWAY STANDARDS 4-77
SECTION 4-630. SIDEWALK AND TRAIL STANDARDS 4-111
SECTION 4-640.IRRIGATION SYSTEM STANDARDS 4-112
SECTION 4-650. DRAINAGE STANDARDS 4-113
SECTION 4-660.EXCAVATION AND GRADING STANDARDS 4-116
SECTION 4-665. EROSION CONTROL STANDARDS 4-116
SECTION 4-670. UTILITY AND LIGHTING STANDARDS 4-120
SECTION 4-680.WATER SUPPLY STANDARDS 4-121
SECTION 4-690. SANITARY SEWAGE DISPOSAL STANDARDS 4-122
DIVISION 4-7.IMPACT FEES AND LAND DEDICATION STANDARDS 4-125
SECTION 4-700. SCHOOL LAND DEDICATION STANDARDS 4-125
SECTION 4-710.TRANSPORTATION IMPACT FEES 4-126
SECTION 4-720.EMERGENCY SERVICE IMPACT FEES 4-127
DIVISION 4-8. SUSTAINABLE COMMUNITY INDEX(org.9/17/08) 4-135
SECTION 4-800. PURPOSE 4-135
SECTION 4-801.APPLICABILITY 4-135
SECTION 4-820. POINT REQUIREMENTS 4-135
SECTION 4-830. POINT DETAILS 4-136
SECTION 4-830.1. SITE/LOCATION: 4-136
SECTION 4-830.2. CONNECTIONS/USES: 4-137
SECTION 4-830.3.TRANSPORTATION: 4-140
SECTION 4-830.4. RESOURCE EFFICIENCY 4-143
•
LAND USE REGULATIONS 3 EAGLE COUNTY,COLORADO
Article 4
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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
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ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS
TABLE 4-120
MINIMUM OFF-STREET PARKING STANDARDS FOR EACH USE
Use Parking Standard
Single-Family or Duplex Dwelling Unit 3 spaces per dwelling unit'
Mobile Home Unit 2 spaces per mobile home space
Multi-Family Dwelling Unit:
1 bedroom or studio 2 spaces per dwelling unit'
2 to 3 bedrooms 2.5 spaces per dwelling unit
4 or more bedrooms 3 spaces per dwelling unit
Multi-Housekeeping Dwelling Unit 1 space per bedroom
Lodging Unit(including hotel,motel,
1 space per room
lodge,boarding house and similar uses)
Retail, Service Commercial and Office 1 space per 250 s.f. of net leasable floor area2
Restaurant and Tavern 1 space per every 4 seats
1 space per 100 s.f of floor area used for
Auditorium and Public Assembly Areas
seating or assembly
Public Facilities and Health Facilities
(excluding auditorium and public assembly 1 space per 300 s.f. of floor area2
areas)
Ski Facility:
1 space per 4 persons of maximum allowed
Visitors
skiers at one time(SAOT)
Mountain Employees
employees per day/1.3 persons per day
Manufacturing Establishment 1 space per 1,000 s.f. of floor area
Wholesale Establishment,Warehouse,Rail
1 space per 2,000 s.f. of floor area
or Truck Freight Terminals
Notes:
1. The parking requirement for a studio or one(1)bedroom dwelling unit shall be 2 spaces per
unit.
2. Net leasable areas include only those areas that are designed to be leased to a tenant and
occupied for commercial or office purposes, exclusive of any area dedicated to foyers,
bathrooms, stairways, circulation corridors and mechanical areas and storage areas used
solely by tenants on the site.
4. Uses Not Listed. The number of required off-street parking spaces for any use not
LAND USE REGULATIONS 4-5 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS
specifically listed in Table 4-120, "Minimum Off-Street Parking Standards For Each Use",
shall be determined by the Planning Commission, considering a report and
recommendation by the Planning Director. The report shall identify the standards for any
similar uses listed in Table 4-120,"Minimum Off-Street Parking Standards For Each Use",
and shall also identify other potentially applicable standards contained in recognized
publications or used in communities similar to Eagle County.
B. Off-Street Loading Required. Buildings or structures that are designed to receive and distribute
materials and merchandise by truck, or that are substantially altered so as to receive and distribute
materials and merchandise by truck,shall provide and maintain off-street loading berths or loading
spaces in sufficient number to meet their own need.
Where the property or use is served or designed to be served by tractor-trailer delivery vehicles,the
following standards shall be used in establishing the minimum number of off-street loading berths
required:
Gross Floor Area Number of
of the Building Required Loading Berths or Spaces
Up to 10,000 sq. ft. 1
Greater than 10,000 sq. ft. 2
SECTION 4-130. GENERAL STANDARDS FOR PARKING AND LOADING
AREAS
A. Continuing Obligation. The provision and maintenance of off-street parking and loading spaces
that comply with the standards of this Division shall be a continuing obligation of the property
owner.
1. Spaces Shall Be Shown With Building Permit Application.No building permit shall be
issued until plans are presented showing the area that will be made available for exclusive
use to meet the applicable off-street parking and loading standards. A plan drawn to scale,
indicating how the applicable off-street parking and loading standards will be fulfilled,
shall accompany an application for a building permit.
2. Spaces Shall Remain Available. Any subsequent use of property for which the building
permit is issued shall be conditional upon the unqualified continuance and availability of
parking and loading spaces that comply with the standards of this Division.
3. Change of Use. Should the owner or occupant of any lot or building change the use to which
the lot or building is put,thereby increasing off-street parking and loading requirements,it shall
be unlawful and in violation of these Regulations to begin or maintain such altered use until
such time as the increased off-street parking and loading requirements are complied with.
LAND USE REGULATIONS 4-6 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS
B. Prohibited Uses of Required Spaces.Required parking spaces shall be available only for the parking
of operable passenger automobiles of residents, guests, customers, patrons, and employees of the use
for which they are required. Prohibited uses of required parking spaces shall be as follows:
1. Inoperable Vehicles or Materials. Inoperable vehicles or materials shall not be stored in
required parking spaces.
2. Delivery Vehicles.Delivery vehicles or trucks used in conducting the business or use shall
not be parked in required parking spaces during business hours,but may be parked in such
spaces for overnight storage or parked in designated additional spaces during business
hours or for overnight storage.
3. Vehicles for Sale.Vehicles shall not be displayed for sale in any parking area required for
a non-residential use, except for the casual display of a vehicle by its owner, when the
owner is an employee or customer using the premises.
4. Repair Work. Repair work shall not be conducted in any parking area required for a non-
residential use if the repairs render a vehicle inoperable for periods of more than twenty-
four(24)hours.
5. Commercial Vehicles on Residential Property. Commercial vehicles or heavy
equipment used in a business operation shall not be parked in required parking spaces for
a residential use;unless the commercial vehicle is used for a permitted home occupation or
is a company vehicle used for commuting that is parked overnight.
C. Location of Required Parking Spaces. Required off-street parking spaces shall be located as
follows:
1. On The Same Lot. On the same lot as the structure the spaces are intended to serve; or
2. Within a Common Assigned Parking Area. Within a common assigned parking area
under the ownership of the individual owners of,and within the same development as,the
use the spaces are intended to serve, unless specific arrangements have been approved by
the Planning Commission, considering a report and recommendation by the Planning
Director.
D. Loading and Unloading. Loading and unloading of vehicles serving commercial and industrial
uses shall be conducted on private property and not on any street or alley.
SECTION 4-140. DESIGN STANDARDS FOR PARKING AND LOADING AREAS
A. Standards. The design standards for the Parking and Loading Areas shall be as set forth in the
Engineering Criteria Manual, Design Standards for Parking and Loading Areas. (am.
12/01/24)
LAND USE REGULATIONS 4-7 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION4-1 OFF-STREET PARKING AND LOADING STANDARDS
suFFEH1444iFiglanduses-and-parkingareas
•
LAND USE REGULATIONS 4-8 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS
include, but are not limited to, asphalt, concrete, paving blocks, and gravel surface. Grass rin_
and graded, with a minimum grade of two (2) percent r h lt, ne (4` percent f r con
and two (2) percent for paving blocks, gravel, or grass ring surface, to permit drainage of surface
to demarcate the parking spaces for all commercial lots and for residential lots over four (4)
contiguous spaces.
back up areas shall be as specified in the illustration on the following page. For 90 degree angle
parking,the length of a parking space may be reduced to eighteen(18)feet, including wheel stop,
(am.12/13/05)
the vehicles generally used for loading and unloading exceed these standards, the dimensions of
these berths shall be increased.
D. Compact Car Spaces. In parking areas containing more than ten (10) spaces, up to twenty (20)
1. Minimum Dimensions. A compact car space shall have minimum dimensions of eight
(8)feet in width by sixteen(16)feet in length.
2. Sign. Compact car spaces shall be designated r t e e L... ^ ct cars wit'.:
sign shall be white on green. The stencil may be either white or yellow in color.
cc • »
•
International Building Code (IBC) or the American National Standard Institute A 117.1 1998
published by the Council of International Code CommitteeA117.1, shall provide, according to
Tb n inn + tt a ( C t t h be
-r-aor�-I—I-T��r���oCIiGI.ols�rGgrt�rea--under Ili e��E7ANSI �I�= ^y,
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parking," "accessible parking"). One van accessible parking space shall be provided for every five
(5) accessible parking spaces,or fraction thereof. (am.11/08/051
1. Minimum Width. Parking spaces shall have a minimum stall width of eight and one half
a common access aisle. (am.11/08/051
LAND USE REGULATIONS 4-9 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS
access aisle width of eight(8) feet.
b. Passenger Loading Zones. Passenger loading zones shall provide an access aisle
five(5)feet in width and a minimum of twenty(20)feet long,adjacent and parallel
to the vehicle pull up space and at the same level as the roadway. Passenger
building or facility entrance.
2. Sign. Accessible parking spaces shall he identified by a sign showing the international
symbol of accessibility complying with ICC/ANSI A.117.1 section/1.28.8. Signs shall not
be obscured by a vehicle parked in the space. (am.11/08/05)
3. Location.Except as otherwise excepted or modified by the IBC,accessible parking spaces
shall be located on the shortest possible accessible route from adjacent parking to an
accessible building entrance. In facilities with multiple accessible building entrances with
adjacent parking, accessible parking spaces shall be dispersed and located n ar the
accessible entrances. (am.11/08/05)
1. Design and Construction. Design and construction of handicapped parking shall be in
accordance with CABO/ANSI A117.1.
5. Most Restrictive Provisions Apply. Where there may be a conflict in the particulars
between these Land Use Regulations, the IBC, and/or ICC/ANSI A117.1, as each may be
amended from time to time, the most restrictive prevision shall apply. (am.11/08/05}
LAND USE REGULATIONS 4-10 EAGLE COUNTY, COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS
TABLE 4 140(am 9/27/99)-
Accessible—Spaces
1 25 4
26 50 2
51 75
76— 100 4
101 150
45z 200 H
201 300 7
01 400 8
1101 500 9
501 1,000 2%of total spaces
Over—1 000 20 spaces plus 1 space for every 100 spaces, or
fraction thereof, over 1,000
LAND USE REGULATIONS 4-11 EAGLE COUNTY, COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS
DOUBLE ROW PARKING
BOTH ROWS OF'PARKING STALLS FOR TWO WAY PARKING FOR INDOOR PARKING STALLS
MUST BE AT THE SAME ANGLE THE AISLE MUST BE DIMENSIONS WILL BE
OR IF ANGLE OF STALLS 24 FEET WIDE 18' x 9'OR AS OTHERWISE SHOWN
VARY,THEN THE GREATER FOR OUTDOOR PARKING STALLS
DISTANCE FOR THE AISLE DIMENSIONS WILL BE
WILL APPLY. 20 x 10'OR CURB,GUTTER
AND WHEEL STOPS ARE INSTALLED
ONE-WAY o 'I'PARALLEL �J��
PARKING
^I [V
Y (11
`o O
` O
c! ONE-WAY
30 DEGREE
! ANGLE PARKING
4(k ' \
N
ONE-WAY
45 DEGREE
ANGLE PARKING `~
/0a
N \\I 11 \\ \
! ONE-WAY
c 60 DEGREE
ANGLE PARKING
//1 /
TWO-WAY o c \
90 DEGREE
ANGLE PARKING c�v
LAND USE REGULATIONS 4-12 EAGLE COUNTY,COLORADO
arlii U 1
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS
SINGLE ROW AND HANDICAP PARKING
IF ANGLE OF STALLS FOR TWO WAY PARKING FOR INDOOR PARKING STALLS
VARY, THEN THE GREATER THE AISLE MUST BE DIMENSIONS WILL BE
DISTANCE FOR THE AISLE 24 FEET WIDE 18' x 9' OR AS OTHERWISE SHOWN
WILL APPLY. FOR OUTDOOR PARKING STALLS
DIMENSIONS WILL BE
20' x IO' OR CURB, GUTTER
AND WHEEL STOPS ARE INSTALLED
♦ rn0
PARALLEL \
PARKING
CV
o/ 30 DEGREE
ONE-WAY ANGLE PARKING
\( .0°
45 DEGREE 411 ONE-WAY
ANGLE PARKING
\\ \N �� t
4110•R ONE-WAY 60 DEGREE
ANGLE PARKING
TWO-WAY `� \
90 DEGREE
ANGLE PARKING
HANDICAP PARKING
SINGLE SPACE AND
DOUBLE SPACE
C•2 12'-0" 10'-Qi 10'-0'
`5'-0"
LAND USE REGULATIONS 4-13 EAGLE COUNTY, COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS
P. Unobstructed Access. Each required parking space shall have unobstructed access from a road or
alley, or from an aisle or drive connecting with a road or alley, except for approved residential
tandem parking.
C. Tandem Parking. Tandem parking (a vehicle parking directly behind another) shall be permitted
to count towards meeting the off street parking standards of this Division when the tandem spaces
are assigned to the same dwelling unit. In such instances,a parking space for a dwelling unit located
behind a garage or behind another space may be counted towards the total parking requirement for
the dwelling unit, provided use of the space does not impede the movement of other vehicles on
the site. Tandem parking may also be permitted for lodge or commercial uses, when the applicant
agrees, as a condition of the approval, to provide valet parking for the tandem spaces at all times
when the use is in operation.
1. Credit Limited to One(1)Space. Tandem parking provisions may only be used to obtain
credit for one(1)required parking space.
Tandem P ingProhibited--in-Parking Structure. Tandem parking shall not be allowed
when required parking is located within a parking structure or within a garage that serves
mtaltiple-dwelling-units,
with a driveway, such that vehicles exiting from a parking space shall not be required to back onto
the right of way of a public street. Provided, however, that vehicles exiting from a parking space
for a single family or duplex-dwelling unit may back onto a residential street. Vehicles exitin_
from a parking space for any use may also back onto the right of way of an alley adjacent to the
property.
Access Driveways. Access driveways into requ+redoff street parking areas shall be designed and
constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress
and the maximum safety of pedestrian and vehicular traffic on the site.
for a one (1) way drive and twenty four-(24) feet for a two (2)way drive for commercial
and industrial access and ten(10)and twenty(20)feet,respectively, for residential access.
2. Clear Vision Area. Access driveways shall have a minimum clear vision area formed by
the intersection of the driveway centerline, the street right of way line, and a straight line
joining said lines through points twenty(20) feet from their intersection.
J. Parking Area Landscaping. Parking and loading areas for non residential uses located adjacent
residents,including,but not limited to,installation of perimeter landscaping,control of illumination
and proper screening of loading areas with opaque materials. Landscaping,
LAND USE REGULATIONS 4-14 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS
Division 2, Landscaping and Illumination Standards.
K. Snow Storage.Adequate space shall be provided for storage of snow removed from pedestrian and
vehicular ways, and parking and loading spaces on any property that contains commercial or
industrial uses,multi family units, or a common outdoor parking area.
1. Minimum Area. A designated area, sufficient to store snow from the entire parking area,
shall be provided. As a general guideline, and considering the varying elevations and
snowfall amounts throughout the County, it is anticipated that a minimum area equivalent
loading area,inclusive of access drives,shall be designated to serve as a snow storage area.
that the elevation of the property and its typical snowfall amounts can be adequately
accommodated in a smaller area and the County may reduce the size of the required snow
storage area accordingly.
2,-Storage-in-Pafking-Spaees-Pr-ohihited,Snow-RhaT4-not-be-stor-ed-withiu-r-equired-perking
spaces, except on an emergency basis for a period not to exceed forty eight(1 8)hours.
open space, including landscaped areas properly designed for snow storage. Snow stored
in a required yard or open space shall not be located to restrict access or circulation, or to
obstruct views of motorists.
1. Drainage.Adequate drainage shall be provided for t area to accommodate
snow melt and to ensure it does not drain onto adjacent property.
circulation paths on the site shall also be connected to transit facilities and trails or paths on adjacent
sites.
all provisions of this Division, unless specifically varied by the approval of a PUD
Comprehensive Parking Plan. If a PUD comprehensive parking plan has been approved
by the Board of County Commissioners,the provision of that parking plan shall supersede
any conflicting parts of this Division.
LAND USE REGULATIONS 4-15 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS
DIVISION 4-2. LANDSCAPING AND ILLUMINATION STANDARDS
SECTION 4-200. PURPOSE (am.5/16/06)(am.12/11/07)
A. Purpose. The purpose of this Division is to provide standards for landscaping,water conservation
relative to landscaping, and illumination of development within unincorporated portions of Eagle
County, so as to maintain and enhance the character of residential neighborhoods, commercial
centers and industrial areas. This is accomplished by:
1. Setting minimum standards for planting within residential and non-residential
development and associated parking areas;
2. Promoting and facilitating water conservation through the efficient utilization of water for
irrigation purposes;
3. Preventing degradation of water resources and related aquatic environments due to soil
erosion and low stream flow events.
4. Preventing property damage due to improper drainage.
5. Minimizing unsightliness through the use of landscape buffers and screening around and
between the County's more intensively developed areas.
6. Eliminating the spread of noxious weeds or invasive plant species.
7. Establishing standards to prevent illumination from becoming a nuisance to neighboring
properties or to motorists,while allowing illumination necessary for safety purposes.
SECTION 4-210. APPLICABILITY
These regulations are applicable to all new construction in the unincorporated territories of Eagle County,
and shall supersede the provisions of any previously approved Planned Unit Development which may
contain language contradictory in nature to the intent of these regulations. In the event that a previously
approved Planned Unit Development documents, including the Preliminary Plan, the PUD Guide and all
supporting materials contain language which is more restrictive than the language found in these
regulations,then the more restrictive language shall apply. The standards of this Division shall apply except
as follows: (am.12/11/07)
A. . Existing Structure. The standards of this Division shall not apply to remodeling, repair,
restoration or alteration of an existing structure. However, additions or expansions that increase
the footprint of a commercial, industrial or multi-family structure by more than twenty-five (25)
percent and any landscape berms not previously approved through the Subdivision, PUD or
building permit process shall comply with the standards of this Division to the maximum extent
possible. Additions or expansions that increase the footprint of a single family or duplex structure
by more than twenty-five(25)percent shall submit landscaping plans that indicate adherence to
LAND USE REGULATIONS 4-16 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS
the landscape water conservation principles contained herein to the maximum extent practicable.
In applying this standard to additions or expansion of pre-existing development the property owner
may not be required to remove any existing established landscaping including turf grass that was
installed on the property in accordance with the provisions of these Land Use Regulations, PUD
Guides, Covenants or Design Guidelines that applied at the time of the installation. The Planning
Director may require sprinkler system upgrades pursuant to these regulations, if a significant
improvement to water conservation over existing conditions is achievable. (am.5/16/06)(am.12/11/07)
B. Governmental Entities. Governmental entities responsible for providing recreational amenities
including public recreation fields,sports fields,public golf courses and play areas shall be exempt.
(orig.12/11/07)
C. Golf Courses. Public and private golf courses shall be exempt; although water conservation
practices should be implemented on golf courses to the greatest extent practicable. (orig.12/11/07)
D. 35 Acre Parcels. The standards of this Division shall not apply to Use by Right residential use on
parcels thirty five(35)acres or greater in size within the Resource Zone District. (am.12/11/07)
SECTION 4-220. LANDSCAPE PLAN
A. Landscape Plan Required. A landscape plan for all multi-family, commercial and industrial
development, prepared by a person who by reason of special knowledge of the principles and
methodology of landscape architecture and landscape design acquired by professional education,
practical experience, or both, is qualified to engage in the practice of landscape architecture and
whose competence has been attested through certification as a landscape architect within the State
of Colorado, shall be submitted for review as part of an application for building permits and other
development applications within Eagle County, except that development specifically exempted in
Section 4-210, Applicability. (am.12/11/07)
A landscape plan for all single-family and duplex residential structures shall be submitted for
review as part of an application for building permit within Eagle County, except that development
specifically exempted in Section 4-210, Applicability. The landscape plan is not required to be
prepared by a certified landscape architect unless the habitable space of the single-family residence
contains more than 5,000 square feet or 10,000 square feet for both halves of a residential duplex
structure combined. In these instances,the landscape plan shall be prepared by a certified landscape
architect. The landscape plan shall address the following types of issues: (am.12/11/07)
1. Proposed Residential Subdivisions and PUD's. The landscape plan that accompanies a
proposed residential subdivision or PUD is intended to address issues such as where and
what type of trees and other landscaping will be placed,how common areas will be treated,
how areas graded or otherwise disturbed during development will be re-vegetated,
during development will be re-vegetated, how landscaped areas will be irrigated and
similar concerns. It is not anticipated that landscaping for individual
LAND USE REGULATIONS 4-17 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS
residential lots will be addressed in the landscape plan for Subdivisions or PUD's.
Regulations governing Public Rights of Way and specified clear zones,pursuant to Chapter
5-30.01 and Article 4-230.A39.a of these Land Use Regulations, must be applied. (am
3/12/02)(am.12/11/07)
2. Single-Family and Duplex Lots. The Landscape plan that accompanies building permit
applications for single-family and duplex residential structures is intended to address the
protection of existing plants, grading, revegetation of disturbed areas and water
conservation. (am.12/11/07)
3. Commercial, Industrial, Multi-Family and Other Development. The landscape plan
that accompanies a proposed commercial, industrial, multi-family or other type of
development is intended to address how areas that are not covered by impervious surfaces
will be treated and how such developments will be buffered from surrounding land uses
and major streets or roads. (am.12/11/07)
B. Conceptual Landscape Plan. The landscape plan submitted with a Preliminary Plan for
Subdivision or Sketch Plan for PUD shall be a conceptual plan illustrating the overall intent of the
applicant with regard to landscaping of commercial and industrial development, multi-family
development and common areas / open space located within single-family and duplex residential
development. Site specific landscape plans for single-family and duplex residential lots shall be
required with application for building permit. Areas where trees, shrubs and ground cover will be
preserved, removed or replaced shall be identified. Proposed landscape areas shall be labeled, to
identify the type of landscaping planned and the general size and number of plants that are intended
to be installed. (am.12/11/07)
C. Detailed Landscape Plan. The landscape plan submitted with a Final Plat for Subdivision or
Preliminary Plan for PUD or building permit for a single-family or duplex residence or for any
other development requiring a landscape plan shall be a detailed plan showing how the applicant
intends to landscape the development. It shall contain the following materials: (am.12/11/07)
1. Drawing. A dated, scale drawing, including topographic information at two (2) foot
contour intervals,locating all lot lines and improvements to.the property and any easements
of record. The drawing shall identify all existing deciduous trees and coniferous trees of
six inches(6") in caliper or greater that illustrates which trees will be preserved and which
will be removed or relocated,areas where other existing vegetation will either be preserved
or removed,and the type, location, size and number of plants that will be installed. Where
it would be impractical to identify each tree, the drawing shall outline the dimensions of
groves of existing and proposed trees. The drawing shall also show proposed earthen
landscape berms, and where, how and what type of irrigation is to be provided. The size,
quantity, common name and botanical name of plants used, including ground cover shall
be labeled. When seed mixtures are used, the percentages of grass and/or wildflower
mixtures and seed application rates shall be specified. (am. 5/16/06)(am.12/11/07)
2. Calculations. A summary of all calculations used to determine the landscaping required
LAND USE REGULATIONS 4-18 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope !D:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF
•
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS
for the site shall be provided, whenever applicable. The area of the property that is
proposed to be landscaped shall be identified in square feet and as a percentage of the entire
property. For single-family and duplex structures, the area proposed to be treated with
irrigated turf shall also be measured in square feet and clearly indicated. For required
landscaping of parking lots,the amount of the site proposed to be covered by parking areas
• and the number of parking stalls to be provided shall also be identified. (am.12/11/07)
3. Cost Estimate. With the exception of single-family and duplex structures, an estimate of
the cost of supplying and installing the materials depicted in the landscape plan shall be
provided. (am.12/11/07)
4. Erosion Control.A description of how erosion will be controlled on-site during and after
construction shall be provided either on the landscape plan or in an associated Construction
Management Plan. (am.12/11/07)
5. Maintenance Program. With the exception of single-family and duplex structures, a
description of the proposed program to maintain the landscaping after it has been installed
shall be provided. (am.12/11/07)
SECTION 4-230. LANDSCAPING DESIGN PRINCIPLES, STANDARDS AND MATERIALS
A. Landscaping Principles Applicable to All Development. (am 12/11/07)
1. Landscape developments shall be designed and installed to maximize the conservation of
water by incorporating the following seven (7) basic principles to the greatest extent
practicable:
a. Landscape improvements should be carefully planned and designed according to
water and maintenance needs. (am 12/11/07)
b. The extent of turf should be limited to areas where it can be efficiently watered.
(am 12/11/07)
C. The most efficient irrigation water delivery systems should be used. (orig. 12/11/07)
d. Where necessary, the water holding capacity of the soil should be improved
through the addition of soil amendments. (orig. 12/11/07)
e. Final soil surfaces should be covered with organic or inorganic mulches to
control soil temperatures and retain moisture. (orig. 12/11/07)
f. New plants should be hardy and drought tolerant, and should be grouped
according to sun and moisture needs. (orig. 12/11/07)
g. All landscaping and irrigation systems should be routinely maintained to insure
LAND USE REGULATIONS 4-19 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS
proper function and adjusted to accommodate changes over time. (orig. 12/11/07)
h. All landscapes should be regularly maintained with approved methods by the State
of Colorado to eliminate noxious weeds or invasive plants as found on the current
County noxious plant material list. (orig. 12/11/07)
B. Location and Irrigation Standards for Required Landscaping. (orig. 12/11/07)
1. Single Family and Duplex Lots. All portions of lots disturbed by construction and not
covered by impervious materials shall be landscaped in a manner consistent with the unique
ecosystem and specific environment in which the lot is located. Turf grass shall specifically
not be allowed on slopes steeper than 3:1. (orig. 12/11/07)
2. Multi-Family, Commercial and Industrial Development. All portions of lots in
residential zones containing multifamily dwellings and all portions of lots in the
Commercial Limited (CL), Commercial General (CG), Industrial (I) zone districts and
Planned Unit Developments (PUD), as applicable, disturbed by construction and not
covered by impervious materials shall be landscaped. Landscaping shall also be installed
to effectively buffer proposed commercial or industrial uses from surrounding residential
uses and to provide a landscaped buffer along collector and arterial streets or roads.
Regulations governing Public Rights of Way and specified clear zones,pursuant to Chapter
5-30.01 and Article 4-23O.A.9.a of these Land Use Regulations,must be applied.(am 3/12/02)
(orig. 12/11/07)
3. Subdivision, Planned Unit Development (PUD) and Cluster Development.
Landscaping shall be provided in a residential subdivision, planned unit development or
cluster development, in a manner which is most consistent with the character planned for
the development, the unique ecosystem and specific environment in which the
development is located. Water intensive landscape treatments and turf areas should be
minimized to the greatest extent practicable and in conformance with the principles and
standards of this Division 4-2. Irrigated turf should not be used as a treatment in traffic
medians. Where units are developed in clusters, landscaping should also be provided
around clusters of units, to create a buffer between denser clusters and lower density and
open areas. Landscaping should preserve or replace existing trees,shrubs and ground cover
in areas disturbed by development to the greatest extent practicable while remaining in
conformance with Section 4-430, Development in Areas Subject to Wildfire Hazards and
Chapter III, Section 3.12.1,Wildland Fire Regulation of these Land Use Regulations. (orig.
12/11/07)
4. Irrigation. Irrigation Plans submitted shall depict a water efficient design responsive to
g g p g P
different site water needs based on aspect,exposure,soil conditions and surface treatments.
Sketch and Preliminary Plan Applications for Subdivision or PUD shall indicate in text
or on a plan the method of irrigation for specific areas (natural un-irrigated, flood
irrigation, sprinkler system, drip system, etc.) Applications for Final Subdivision Plat and
PUD Final Plat shall include detailed irrigation plans and specifications. Detailed site
specific irrigation plans for single-family and duplex
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residential lots will be required with application for building permit. (See also Section
4-240.A.5 Installation and Maintenance Requirements,Irrigation System) (orig. 12/11/07)
a. Use of Raw Water. Developments on land that has access to agricultural irrigation
water rights are required to design and utilize a separate raw water system to
accommodate all long term landscape irrigation needs. (orig. 12/11/07)
b. Limitation on Pop-up Spray Heads. The use of above-ground, pop-up spray
heads shall be limited to manicured turf areas only. Drip, micro jet or other low
water consumptive water delivery systems shall be used for all other planted areas.
(orig. 12/11/07)
(1) Exception for Temporary Irrigation. Non-permanent spray systems
may be used on a temporary basis to promote seed germination in
revegetated areas. Irrigation shall be discontinued once a healthy stand of
vegetation has been established. (orig. 12/11/07)
(2) Exception for Homes in Areas of Moderate,High or Extreme Wildfire
Danger Above ground spray heads may be used to irrigate landscape
improvements within the 15 foot "Zone 1" defensible space area for
homes located in areas of moderate,high or extreme wildfire danger. (orig.
12/11/07)
(3) Exception for "dirty" water. In those instances where un-filtered
irrigation water precludes the use of drip, micro jet or other low water
consumptive delivery systems, alternative water delivery systems may be
used to irrigate landscape improvements. (orig. 12/11/07)
5. Living Cover. All required landscape areas shall be landscaped. Non-living ground cover
is encouraged, to the greatest extent practicable in the drier climates of the County, and
may include decorative gravel, bark mulch, river rock or similar materials. Decorative
elements, such as walks, decks, terraces, water features and similar treatments may be
provided. (am 12/11/07)
6. Plants Compatible with Local Conditions. All plants used for landscaping shall be
compatible with the local climate and the soils, drainage and water conditions of the site.
When planting occurs on hillsides, slopes, drainage ways or similar natural areas, plant
material should duplicate adjacent plant communities both in species composition and
spatial distribution patterns. Whenever possible, landscaping should consist of drought-
resistant varieties and employ low water consumptive design principles. Plant varieties
adapted to local soil conditions and exposures should be used for all areas scheduled for
drip irrigation. (am 12/11/07)
7. Save Existing Vegetation. The landscape plan shall be designed so that healthy trees,
native vegetation and natural or significant rock outcroppings and other valued features are
preserved and integrated with planted areas. Existing trees and shrubs that are
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preserved shall count toward the landscaping standards of this Division. Any existing tree
in healthy condition of six(6)inches in caliper or greater that is retained may be substituted
for two(2)required trees. Conformance with Section 4-430,Development in Areas Subject
to Wildfire Hazards and Chapter III, Section 3.12.1, Wildland Fire Regulation of these
Land Use Regulations must be adhered to when determining which existing trees and
shrubs to preserve. Additionally,vegetation to be preserved must comply with any Wildlife
Enhancement Plans included as part of a subdivision and/ or Planned Unit Development
approval. (am 12/11/07)
8. Type and Extent of Sod Turf grasses can be high water consumptive plants. Where turf
is allowed, drought tolerant turf grasses should be used, unless anticipated uses (sports
fields, high traffic areas) specifically require more resilient species. In addition to the
avoidance of slopes steeper than 3:1, the following turf area restrictions shall apply to
single-family and duplex lots: (orig. 12/11/07)
a. Residential structures with habitable space of 2000 square feet or less shall be
limited to 3000 square feet of irrigated turf,as depicted on the landscape plan. (orig.
12/11/07)
b. Residential structures with habitable space that exceeds 2000 square feet shall be
limited to 3000 square feet of irrigated turf,plus 30%of the increment of habitable
space exceeding 2000 square feet,as depicted on the landscape plan. (orig. 12/11/07)
C. The maximum amount of irrigated turf for any single family or duplex residential
structure or lot shall be 5000 square feet. (orig. 12/11/07)
d. Allowance for Lots Bordering Golf Course. Single Family and Duplex lots
immediately adjacent to manicured turf areas of golf courses shall be allowed an
additional 1500 square feet of turf within the side yard or rear yard setback in order
to facilitate an appropriate blending of manicured landscape elements. (orig.
12/11/07)
e. Exemptions to Irrigated Turf Limitations. The Director of Community
Development may exempt homes from the above turf area restrictions if it can be
clearly demonstrated that the addition of irrigated turf over and above that allowed
will not result in the use of more water than would otherwise have been consumed
by a landscape plan conforming to these standards. A written request for
exemption is required,and should include details regarding the raw water delivery
system, water rights information, a letter from the water provider, ditch operator
plan details, specifications, Design Review Board or Home Owners Association
approval and any other information deemed relevant by the Director. (orig. 12/11/07)
9. Minimum Size. Landscaping within a clear vision area shall comply with the height
limitations of Section 4-230.B.13.a., Clear Vision Area. Otherwise, trees and shrubs
depicted on the landscape plan shall be of at least the following minimum size at the time
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of their planting, unless a larger tree size is specified in any applicable development
permit for buffering, screening or planting on the subject property. (am 12/11/07)
a. Deciduous Trees. Deciduous trees shall be a minimum of one and one-half
(1-1/2) inches in caliper,measured four(4)feet above the ground. (am 12/11/07)
b. Coniferous Trees.Coniferous trees shall be a minimum of four(4) feet in height,
measured from the top of the root ball to the top of the tree. (am 12/11/07)
c. Ornamental Trees. Ornamental and flowering trees shall be a minimum of one
and one-half(1.5) inches in caliper, measured four(4) feet above the ground. (am
12/11/07)
d. Shrubs and Vines. Shrubs shall be in a minimum three(3) gallon container, and
shall be a minimum of one (1) to two (2) feet in height. Vines shall be in a
minimum one(1)gallon container. (am 12/11/07)
10. Minimum Number of Trees and Shrubs within Required Landscape Area. Landscape
areas that are provided in order to comply with the maximum lot coverage standards of the
Residential Multi-Family (RMF), Residential Suburban Medium Density (RSM),
Residential Suburban Low Density (RSL), Commercial Limited (CL), Commercial
General (CG), Industrial (I) and Rural Center (RC) zone districts shall comply with the
applicable standards from Table 4-230, Number of Trees and Shrubs Within Required
Landscape Area.
TABLE 4-230
NUMBER OF TREES AND SHRUBS WITHIN REQUIRED LANDSCAPE AREA*
Dimensions of Required Landscape Area Minimum Number of Required Trees and
Shrubs
Ten(10)to fifteen(15)feet in width One (1) tree and six (6) shrubs per two
hundred-fifty(250) sq. ft. of landscaped area
Fifteen(15)to twenty-five(25) feet in width One(1)tree and six(6)shrubs per two hundred-
seventy-five(275) sq. ft. of landscaped area
More than twenty-five(25)feet in width One (1) tree and six (6) shrubs per three
hundred(300) sq. ft. of landscaped area
Note * See text of Section 4-230 B.7 to determine applicability of these standards. (am 12/11/07)
11. Trees within a Paved Area.Any tree planted within a paved area shall be placed in a tree
vault and shall have a tree grate installed around its trunk. A structural soil mix
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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.
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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
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(3) Any other information, analysis or study as deemed relevant and
appropriate by the Director of Community Development
b. Determination. Based upon review of the application material and the
information obtained at the pre-application meeting, the Director may determine
that a Finding of No Significant Impact(FONSI) is warranted.
(1) Finding of No Significant Impact(FONSI). The Director of Community
Development may determine that a Finding of No Significant Impact
(FONSI) should be issued if the construction of the berm in its proposed
location is consistent with the spirit and intent of related standards and is
unlikely to have any significant adverse impact to adjacent properties or
public resources or amenities. In the instance that a FONSI is made, and
upon expiration of the reconsideration period described below, the
applicant may pursue obtaining a Grading Permit for the construction of
the berm.
(2) Notice of Director's Determination of a FONSI.
(a) Upon the Director's Determination of a FONSI,the Director shall
notify the applicant by mail,and shall notify the Board,the County
Administrator and the County Attorney of the Determination by
e-mail or memorandum.
(b) The Notice of Director's Determination of the FONSI shall be
published once in the County legal newspaper not more than
fourteen (14)days following the Determination. The notice shall
describe the Project and the procedure for requesting
reconsideration as set forth below.
(3) Reconsideration of Director's Determination of a FONSI.
(a) Call-up by the Board. Within fourteen(14)days after publication
of the Director's Determination of a FONSI,the Board may decide
to reconsider the Determination. Such reconsideration shall be
made at the next regularly scheduled meeting of the Board for
which proper notice can be accomplished.
(b) Request for Reconsideration by Affected Party. Any affected
party seeking a reconsideration of the Director's Determination of
a FONSI shall file a written request with the Board within fourteen
(14)days of the date of publication in the newspaper of the Notice
of the Director's Determination of the FONSI. The Board shall
reconsider the Director's Determination of the FONSI at the next
regularly scheduled meeting for which proper
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notice can be accomplished. The affected party may request a
reasonable extension if necessary.
c. Approval Required. If the Director determines that a Finding of No Significant
Impact(FONSI)is not appropriate,the application will be forwarded to the Board
of County Commissioners for consideration. At a public hearing, the Board of
County Commissioners shall consider the application, the relevant support
materials, and any public testimony. After the close of the public hearing, the
Board may uphold the Director's determination, overturn the Director's
determination or overturn the Director's determination with conditions.
C. Landscaping Standards Within Off-Street Parking Areas. All off-street parking areas
containing fifteen (15) or more spaces, except for enclosed or sub-grade parking structures, shall
provide the following forms of landscaping: (am 12/11/07)
1. Planting Strips. There shall be a planting strip provided along all property lines where a
street right-of-way is located adjacent to the parking area.
a. Width.The planting strip shall have a minimum width of ten(10)feet.
b. Screen.A minimum of eighty(80)percent of the length of the planting strip shall
be used to screen the parking area from the street. The screen shall be a minimum
of thirty (30) inches in height and may consist of a berm, wall,plant material or
combination thereof, however, the clear vision area shall be maintained. See
related standards under 4-230.A.10, Standards for Landscape Berms, and Section
3-340.C.4,Dimensional Limitations for Fence,Hedge,Wall or Berm. (am. 5/16/06)
c. Trees.A minimum of one(1)tree shall be planted for every twenty-five(25)linear
feet of the planting strip. The trees may be grouped together,provided the grouping
does not leave a gap between individual trees or tree groups that exceeds forty(40)
feet. (am 12/11/07)
•
2. Interior Planting Areas.Planting areas shall be established to break up the interior of all
parking areas.
a. Minimum Area.A minimum of five(5)percent of the interior area of the parking
area shall be required landscaping.
b. Islands. One (1) planting island that is a minimum of six (6) feet wide shall be
provided for every fifteen (15) parking spaces. The planting islands shall be
dispersed throughout the parking area,to provide visual relief and shade.
c. Parking Rows.Where double rows of parking are planned,there shall be a center
planting strip installed that is a minimum of seven (7) feet wide. Where
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any parking row is adjacent to a circulation way,there shall be a planting strip
installed that is a minimum of seven(7) feet wide.
d. Trees. There shall be a minimum of one (1) tree planted in each planting island.
Within each planting strip, there shall be a minimum of one (1) tree planted for
every twenty-five(25) linear feet of planting area.
SECTION 4-240. INSTALLATION AND MAINTENANCE REQUIREMENTS
A. For All developments Except Single Family and Duplex Lots.
1. Collateral. Prior to the issuance of any development permit, the Planning Director may
require the applicant to submit to the County a surety or cash bond, letter of credit or other
collateral found to be suitable by the County Attorney to guarantee the installation of the
required landscaping and irrigation system. The collateral shall be in an amount equal to
one hundred-twenty-five (125) percent of the total cost of supplying and installing the
materials depicted in the approved landscape plan,based on the cost estimate provided by
the applicant and accepted by the County. When collateral has not been required to be
submitted prior to the issuance of a development permit, then no certificate of occupancy
shall be issued for any portion of the development until the required landscaping has been
installed or until a suitable collateral has been provided to guarantee that required
landscaping will be installed within the first planting season following occupancy of the
property. Collateral shall not be required for the landscaping and irrigation systems on
individual single-family or duplex residential lots. (am'12/11/07)
2. Certification and Release. Following installation of the required landscaping, the
applicant shall certify that the landscaping has been installed in conformance with the
approved plan. The performance guarantee shall be released within ten(10)working days
following receipt of the certification and inspection by the County.
3. County Use of Security. In the event the landscaping for items contained within the cost
estimate is not installed,or is installed in a manner that does not conform with the approved
plan, the County may draw upon the security to bring the landscaping into conformance
with the approved plan.
4. Required Time For Completion. All required landscaping shall be installed within the
first planting season following occupancy of the property. When phasing of a project's
construction is approved, then installation of required landscaping may be phased
consistent with the project's approved development phasing. For the purposes of this
regulation,planting season begins April 1st and extends through October 315t. (am 12/11/07)
5. Irrigation System. Irrigation shall only be applied to that portion of the landscaped area
that is live cover that cannot be naturally sustained with adequate moisture for the types of
plants existing or installed. With the exception of exemptions listed in Section 4-
230.A.3.b,the use of above-ground spray heads shall be limited to manicured turf areas
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only. Drip,micro jet or other low water consumptive water delivery systems shall be used
for all other planted areas. A non-potable raw water system should be utilized whenever
practical, so long as it can be demonstrated to be an efficient and environmentally
conscientious approach to the satisfaction of the Planning Director.The use of other water-
conserving techniques such as Smart Controllers (Smart Controllers measure the site-
specific soil moisture content,temperature,wind speed, soil type and can be programmed
for different plant types) grey water systems, the avoidance of day-time irrigation,the
installation of rain sensors, and the design of irrigation zones that accommodate the
physical characteristics of the site and/or the groupings of vegetation installed must be
employed to the greatest extent practicable. (am 12/11/07)
6. Maintenance.All landscaping shall be healthy at the time of its installation and shall meet
the standards of the American Association of Nurserymen. Landscaping shall be
maintained so that it remains alive, or replacement is required and shall be enforced
pursuant to Chapter I, Section 1.14 Enforcement of these land use regulations. (am 12/11/07)
a. Landowner Responsible. Maintenance of landscaped areas shall be the
responsibility of the landowner.
b. Replacement. Landscaping that does not survive within the first three (3) years
after it is planted shall be replaced within three(3)months after it perishes, unless
that date is not during a planting season, in which case it shall be replaced during
the first month of the next planting season. The replacement vegetation shall be
similar in size,type and amount to the vegetation that perished, so the integrity of
the landscape plan is preserved and shall be in compliance with any approved
Wildlife Enhancement Plans included as part of a subdivision and/or Planned Unit
development approval. (am 12/11/07)
c. Noxious Plant Materials.Weed control shall be required.Plant materials as listed
on the most current noxious plant material list adopted by the Board of County
Commissioners shall not be allowed as landscaping, and must otherwise be
managed in compliance with applicable State and County regulations. (am 12/11/07).
B. For Single Family and Duplex Lots (orig. 12/11/07)
1. Required Time For Completion. Notwithstanding requirements related to any other
applicable permits, unless provided by the terms of deed restrictions, a subdivision
improvements agreement or the terms of the Planned Unit Development documents, the
owner of a single-family or duplex residence shall be required to complete installation of
the landscaping, per the approved plan, within one growing season after receiving a
Certificate of Occupancy. For the purposes of this regulation,growing season begins April
1'and extends through October 31St
2. Irrigation System. Irrigation shall only be applied to that portion of the landscaped area
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that is live cover that cannot naturally be provided with adequate moisture for the types of
plants existing or installed. The use of above-ground spray heads shall be limited to
manicured turf areas only. Drip,micro jet or other low water consumptive water delivery
systems shall be used for all other planted areas. The use of non-potable or raw water
irrigation systems, wherever practical, efficient and environmentally conscientious, is
required. To the greatest extent practicable, the landowner is else encouraged to employ
other water-conserving techniques such as the avoidance of day-time irrigation, the
installation of rain sensors, Smart Controllers(Smart Controllers measure the site-specific
soil moisture content, temperature, wind speed, soil type and can be programmed for
different plant types) and the efficient design of irrigation zones that accommodate the
physical characteristics of the site and/or the groupings of vegetation installed.
3. Maintenance Responsibility. The landowner shall be responsible for the maintenance of
all landscaped areas. Periodic weed control shall be required,and plant materials listed on
the most current noxious plant material list adopted by the Board shall not be allowed as
landscaping, and must otherwise be managed in compliance with applicable State and
County regulations.
SECTION 4-250. ILLUMINATION STANDARDS
A. Purpose. This section establishes standards for controlling illumination to prevent intense glare
or direct illumination that would create a nuisance detract from the use or enjoyment of adjoining
property or cause'traffic hazards to motorists.
B. Standards. Exterior illumination shall not cast glare directly onto adjacent properties. Low
Pressure Sodium (LPS) lamps are the preferred illumination source but other sources can be
considered depending upon the filtering, shielding,height and number of sources. Mercury vapor
lamps are discouraged. Streetlights used for illumination of public ways are encouraged to be 20
feet or less in height. Outdoor lighting used for decorative effects (architectural illumination, flag
and monument lighting, illumination of trees,bushes,etc.)should be located,aimed,or shielded so
as to minimize stray light trespassing across property boundaries.
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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.
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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
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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.
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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.
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ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS
SECTION 4-330. SIGN STANDARDS APPLICABLE IN ALL ZONE DISTRICTS
A. Relationship to Other Regulations. The County's sign standards recognize other regulations
pertaining to signage (such as the State of Colorado, Department of Highways, "Rules and
Regulations Pertaining to Outdoor Advertising," effective January 1, 1984). Where any provision
of this Section covers the same subject matter as other applicable regulations, the more restrictive
regulation shall apply.
B. Signs Limited to On-Premises Advertising. Signs shall identify or advertise interests conducted
only on the lot of the sign location.
C. Comprehensive Sign Plan. All buildings or lots containing more than one (1) business shall be
required to submit a comprehensive sign plan showing all proposed signage in the building or lot.
The comprehensive sign plan shall allocate to individual businesses their portion of the total sign
area permitted for the building or lot. It shall also contain provisions that ensure that all signs in
the building or on the lot will have a consistent appearance in terms of color, size, shape, lettering,
graphics and illumination.
D. Conform to Other Codes. Signs and sign structures shall be designed and constructed to conform
to the Eagle Co my Building.Resolution and the National Electric Code, including but not limited
to consideration for wind loads, seismic loads, allowable stresses, materials and anchorage
requirements. The following shall also be required: (am.12/01/24)
1. Safety Standards.
a. Wind Load. Signs over ten (10) feet in height and/or forty (40) square feet in
surface area shall be engineered to withstand a wind loading of a minimum of thirty
(30)pounds per square foot of sign area without failure of face retention system or
sign structure. Engineering data sufficient to prove the reliability of the structure
and the foundation shall be submitted with the drawings at the time of permit
application.
b. Electric Wiring. Electrical wiring for energizing an electrical sign shall be
underground, in the case of freestanding signs, and behind the sign cabinet, in the
case of wall or projecting signs. All electrical work shall be in conformance with
the National Electric Code, which may
require an electrical permit that will be subject to review by the Eagle County
Building Department. (am.12/01/24)
c. Support. Roof signs, signs mounted on marquees, or projecting signs, shall be
engineered in such a manner that no guy wires are needed for support, other than
for the sign structure itself.
d. Damage By Moving Vehicles. Anchors and supports shall be guarded and
protected when near driveways, parking lots or similar locations where they could
be damaged by moving vehicles. Signs attached to masonry, concrete or steel
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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
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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.
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LAND USE REGULATIONS 4-37 EAGLE COUNTY,COLORADO
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HEIGHT/SIGN SETBACK CALCULATION
PROPERTY LINE
/ 25'
BUILDING SETBACK
4-ACTUAL BUILDING
HEIGHT
OR
HEIGHT/SETBACK
LIMITATION LINE
THE 9GN MAY BE SET
ANYYNIERE YI1ITN THIS
PROPERTY LINE / TRUNCATED PYRAMID
- 25' OR 50' SETBACK--� BUILDING SETBACK LINE
The formula for calculating Example: Setback requiremnet for on 8' high sign
sign height and/or setback on a vacant lot with a 50' setback is:
is:
sign setback sign height ? = -- =16' from the property fine.
bldg. setback bldg. height 50 25
SECTION 4-340. SIGN STANDARDS APPLICABLE TO SPECIFIC ZONE
DISTRICTS
A. Signs Allowed in All Residential, Agricultural and Resource Zone Districts. The following
signs shall be allowed by sign permit in all Residential,Agricultural and Resource Zone Districts,
as identified in Section 3-210, Residential,Agricultural and Resource Zone Districts.
1. Residential Identification Sign.One(1)residential building,lot or occupant identification
sign per dwelling unit (identifying the name and/or address), provided the total sign area
does not exceed twelve(12) square feet.
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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.
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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.
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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
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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.
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I
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION O 4-3
G. Permit is For Life of Sign.A sign permit shall be issued for the life of the sign.
H. Amendments. If, after a sign permit has been issued by Eagle County, it becomes necessary to
change, modify, or alter the structural characteristics of the sign, or otherwise deviate from the
terms or conditions of said permit,such amendment may be allowed,upon approval by the County,
without additional permit fees being assessed. Such approval may only be granted by the County
upon a finding that said amendment conforms to the provisions of this Division. A written record
of such approval shall be entered upon the original permit application and maintained in the files
of the Eagle County Planning Department.
SECTION 4-360. NONCONFORMING SIGNS
A. General Provisions. Section 4-300, Purpose, describes the County's intentions for the
administration of signs in Eagle County. In order to reach those intentions,the eventual termination
of signs that do not conform to these regulations is both reasonable and desirable.
B. Policy for Legally Nonconforming Signs. The provisions of this Section allow nonconforming
signs to continue, while at the same time assuring that the neighborhood in which the
nonconforming sign exists will eventually benefit from the substantial compliance of permanent
and temporary signs with these regulations.
C. Determination That Sign is Legally Nonconforming. A legally nonconforming sign is any sign
that:
1. Does Not Conform to Original Sign Regulations.Was lawfully erected as of the effective
date of this Division, which was February 21, 1989, and has been lawfully maintained in
accordance with the provisions of any prior regulations, but does not conform to this
Division; or
2. Does Not Conform to Amended Sign Regulations. Was lawfully erected as of or after
the effective date of this Division, which was February 21, 1989, and has been lawfully
maintained in accordance with the provisions of this Division,but which sign,by reason of
amendment to the provisions of this Division after the effective date hereof, does not
conform to this Division.
D. Continuation of Legally Nonconforming Signs.
1. Sign May Not Be Changed. Any legally nonconforming sign may be continued in
operation and maintained after the effective date of this Division,which was February 21,
1989, provided no such sign shall be changed in any manner that increases the
nonconformity of such sign.
2. Burden Rests Upon Owner. The burden of establishing a sign to be legally
nonconforming under this Division rests entirely upon the person claiming such status for
a sign.
LAND USE REGULATIONS 4-43 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS
E. Termination of Legally Nonconforming Signs. The right to use, operate or maintain a legally
nonconforming sign shall terminate upon any of the following:
1. Abandonment. Signs pertaining to activities or occupants that are no longer using a
property shall be removed from the premises within six (6) months after the associated
activity or occupant has vacated the premises. Any such sign not removed within the
required period shall constitute a nuisance and shall be subject to removal by action of
Eagle County.
2. Violation. Any violation of this Division and/or any preexisting Eagle County sign
provisions shall immediately terminate the right to maintain such sign.
3. Destruction,Damage or Obsolescence.The right to maintain any legally nonconforming
sign shall terminate whenever the sign sustains damage in excess of fifty
(50)percent of its replacement cost,or becomes obsolete or substandard to the extent that
the sign becomes a hazard.
4. Condemnation. The Board of County Commissioners may choose to condemn a
nonconforming sign. Recommendations for condemnation may be made by the Planning
Director,when the sign is found to be in violation of this Division.
•
5. Failure to Maintain. The right to continue use of a legally nonconforming sign shall
terminate if the sign is not maintained in good structural and visual condition, as
determined by the Board of County Commissioners,based upon the recommendations of
the Planning Director.
SECTION 4-370. VIOLATIONS AND PENALTIES
A. Inspection and Order to Repair.The Planning Director shall inspect and shall have the authority
to order the repair, alteration, painting or removal, at the owner's expense, of any sign that
constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, •
dilapidation or obsolescence.
B. Written Order. When the Planning Director finds that a violation of this Division exists,he shall
issue a written order to the alleged violator. The order shall specify those provisions of this Division
that the individual may be in violation of and shall state that the individual has ten(10) days from
the date of the order in which to correct the alleged violation,or to file a variance application with
the Planning Department.
C. Removal of Obsolete Sign. If, upon inspection, the Planning Director finds that a sign has been
abandoned, he shall issue a written order to the owner of the sign and/or owner or occupant of the
premises stating the nature of the violation and requiring that person to remove or repair the sign
within ten(10)days from the date of the order. In cases of emergency,the Planning Director may
cause the immediate removal of any sign that endangers the public or is structurally, materially,
electrically or otherwise defective, without notice, at the expense of the owner of the sign or
premises.
LAND USE REGULATIONS 4-44 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS
D. Removal of Prohibited Sign. In the case of a prohibited sign, the sign owner or owner of the
premises shall be required to remove the offending sign(s)within two(2)days of receipt of written
notification served on the sign owner or owner of the premises personally, or by certified mail,
return receipt requested. If return receipt is not received within ten (10) days, then the Planning
Director shall serve the notice upon the alleged violator. If the sign is not removed two
(2) days thereafter, then the County may remove the offending sign(s)and recover the costs from
the owner of the sign(s)or the premises.
E. Sign Does Not Comply With Permit.If the Planning Director finds that the sign under any permit
issued does not comply with the information supplied in the permit application and/or is in violation
of this Division, or finds that there has been any misrepresentation in connection with the
application for the permit,he shall notify the sign owner of such findings and notify the sign owner
that the violation must be corrected within five (5)working days. The sign owner shall have five
(5) working days in which to reply to such notification. If such correction is not made within the
five (5) day period, the Planning Director shall revoke the permit and shall serve written notice
thereof upon the sign owner.
F. Violation. It is a violation of this Division for any person to perform or order the performance of
any act that is contrary to the provisions of this Division,or to fail to perform any act that is required
by any of the provisions hereof. In the case of a continuing violation, each twentyfour
(24)hour period in which the violation exists constitutes a separate violation.
G. Penalties.Penalties for violations of this Division shall be as provided in Article 7, Enforcement.
LAND USE REGULATIONS 4-45 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID.A71BD6BA-487B-49BB-8D28-F9B3586B8ECF •
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS
DIVISION 4-4. NATURAL RESOURCE PROTECTION STANDARDS
SECTION 4-400. PURPOSE
The purposes of this Division are: (1) to provide for the protection of wildlife, riparian areas and other
natural resources; (2) to ensure that development on steep and unstable slopes and other areas subject to
geologic hazards is accomplished in a manner that protects the safety of inhabitants and minimizes
environmental and aesthetic impacts;and(3)to preserve ambient air quality and water quality and quantity,
to maintain the County's healthy, attractive mountain environment for residents and visitors.
SECTION 4-410. WILDLIFE PROTECTION
A. Purpose. As natural land and native wildlife habitat is developed for human use, the need to
minimize the negative impact of humans on wildlife and their habitat increases.The purpose of the
Wildlife Protection Section is to protect and maintain wildlife in Eagle County and minimize the
risk of dangerous interaction between humans and wildlife. This is done through the development
review process whereby potential wildlife habitat is identified and appropriate avoidance,
minimization and/or impact mitigation techniques are suggested that will sufficiently protect the
wildlife species and their habitats. (am 3/12/02)
B. Wildlife Analysis.
1. Applicability. At the discretion of the Planning Director, the provisions of this Section
may apply to any application for a Special Use Permit, Subdivision or Planned Unit
Development(PUD). (am 3/12/02)
2. Procedure for Wildlife Analysis. An applicant for.development that is subject to the
provisions of this Section 4-410.B, Wildlife Analysis, shall submit a Wildlife Analysis as
part of the application. The purpose of the Wildlife Analysis is to identify the location of
wildlife habitat or migration routes, determine potential impacts of development, and
identify appropriate avoidance, minimization, and/or impact mitigation techniques. The
County encourages the assistance of competent professional technicians at this stage of the
planning process. (am 3/12/02)
3. Referral to Colorado Parks and Wildlife. As part of the review of the application, the
Planning Director, shall refer to the Colorado Parks and Wildlife(CPW) all applications as
identified in Section 4-410.B.1, Applicability. Referral of Final Plat applications will be
at the discretion of the Planning Director. (am 3/12/02)
4. Review by CPW. CPW will be requested to review the application and determine whether
there is potential impact to wildlife habitat or migration routes. During their review, CPW
should take into consideration potential impacts to the following:
a. Elk Migration Corridors and Patterns
LAND USE REGULATIONS 4-46 EAGLE COUNTY.COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS
b. Elk Production Areas
c. Elk Severe Winter Ranges and Winter Concentration Areas
d. Mule Deer Staging Areas and Migration Corridors
e. Mule Deer Severe Winter Ranges, Winter Ranges, and Winter Concentration
Areas
f. Bighorn Sheep Migration Patterns
g. Bighorn Sheep Winter Concentration Areas
h. Bighorn Sheep Production Areas
i. Bald Eagle Roost Sites
j. Golden Eagle Nest Sites
k. Peregrine Falcon Nest Sites
1. Sage Grouse Production Area
m. Lynx Occupied Habitat.
n. Other pertinent wildlife habitat or activity areas. (am 3/12/02)
5. Recommendation By CPW. Considering the potential impact to wildlife,the CPW shall
review the application, including the Wildlife Analysis, and make recommendations
pertaining to important habitat or migration routes of wildlife species which may be
affected by the proposed development. The recommendation shall identify appropriate
avoidance,minimization, and/or impact mitigation techniques. (am 3/12/02)
6. Consideration. The County shall consider the content of the Wildlife Analysis and the
recommendations of the CPW during the development review process. (am 3/12/02)
C. Wildlife Proof Refuse Container/Dumpster Enclosure Standards (orig. 3/12/02)
1. Applicability. The provisions of this Section shall apply to any application for a Special
Use Permit, Subdivision or Planned Unit Development (PUD). The provisions of this
Section may apply entirely or in part to the application for a Limited Review at the
discretion of the Planning Director.
2. Definitions.
LAND USE REGULATIONS 4-47 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS
a. Wildlife-any undomesticated animal,including but not limited to elk,deer,sheep,
lynx, skunks, squirrels, bears, raccoons, coyotes, mountain lions, bobcats and
foxes.
b. Wildlife Proof Refuse Container-a fully enclosed container constructed of non-
pliable material to prevent access by wildlife and meets the standards of these Land
Use Regulations. A dumpster, or similar trash receptacle of heavy construction
may be a Wildlife Proof Refuse Container.
c. Wildlife Proof Dumpster Enclosure-a fully enclosed structure consisting of four
sides and a roof or cover of sufficient design and construction to prevent access by
wildlife. The door or cover must have a latching mechanism, the sides of the
structure must extend to within two inches of the ground,and ventilation openings
must be covered with a heavy gauge steel mesh or other material of sufficient
strength to prevent access by Wildlife. Wildlife Proof Dumpster Enclosures are
subject to all building codes and planning and zoning requirements.
d. Wildlife Resistant Refuse Container - a fully enclosed container that can be
constructed of pliable materials but must be reinforced to deter access by wildlife.
3. General Requirements.
a. Refuse Container Design. All refuse containers, regardless of size, that receive
wastes shall be either a Wildlife Proof Refuse Container as recommended by the
Division of Wildlife (All Refuse Haulers will be issued a list of recommended
refuse containers created by the county with direct input by the Colorado Parks
and Wildlife. This list will be kept on record at the Eagle County Building), or a
Wildlife Resistant refuse container which is stored within a building, house,
garage, or approved Wildlife Proof Dumpster Enclosure. The lid must fit tightly
and have a latching mechanism resistant to animal access. Any refuse container
and/or dumpster which has been compromised by wildlife shall be replaced
within 14 days.
b. Dumpster Design. All dumpsters,regardless of size,that receive food waste shall
be of a design that is Wildlife Proof,with drain holes no greater than one(1) inch
in diameter. Dumpster lids must have a closure mechanism and/or a latching
device and be approved by the Colorado Parks and Wildlife, or their designee.All
lids must:
(1) Fully enclose(cover)the dumpster opening;
(2) Have edges that fit flush(not turned up or bent);
(3) Have closure mechanisms which will withstand opening by an animal
and will remain closed when on their side or upside down;
LAND USE REGULATIONS 4-48 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS
(4) Have acceptable latching devices, such as cables,bars and/or handles and
must lock into place with a pin or other mechanism; and
(5) Be constructed to withstand the weight of a full grown bear
(approximately 450 pounds).
c. Outdoor Compactor Design. Compactors must be Wildlife Proof. No trash may
be exposed and doors must be kept closed except when loading or removing refuse.
d. Time Limit. Refuse for curb-side pick up shall only be allowed to remain by the
curb during daylight hours. Refuse containers which do not meet the standards
of Section 4-410.C.3. "General Requirements,"must be wildlife resistant and may
only remain outdoors from dawn to dusk on the day of trash pick-up.
SECTION 4-420. DEVELOPMENT IN AREAS SUBJECT TO GEOLOGIC HAZARDS
A. Purpose. There are certain types of lands in Eagle County that have the potential to pose hazards
to human life and safety and to property due to their geologic characteristics. These lands include,
but are not limited to, avalanche hazard areas, rockfall hazard areas, landslides, debris fans, talus
slopes, areas containing expansive soils and rocks, and areas susceptible to ground subsidence.
Development in these hazard areas also has the potential to cause significant impacts on the
environment, including loss of soil and vegetation cover, which can cause increased runoff and
consequent erosion and sedimentation. (am. 02/06/07)
These regulations are intended to ensure that development avoids geologic hazard areas whenever
possible. Where it is not possible for development to avoid these areas,mitigation techniques shall
be provided to reduce or minimize the potential impacts of these hazards on the occupants of the
property and,as applicable,the occupants of adjacent properties.
B. Maps Incorporated. There are two(2)sets of maps that depict the potential geologic hazard areas
in unincorporated Eagle County. The first such map set is known as"Bedrock Geological, Surficial
Deposits and Potential Geologic Hazards Map, Eagle County, Colorado", prepared by Charles S.
Robinson and Associates, Inc., Golden, Colorado, 1975. The second such map set is known as
"Bedrock Geological, Surficial Deposits and Potential Geologic Hazards Map, Eagle County,
Colorado",prepared by Allan E.Miller,Consulting Geologist,Steamboat Springs,Colorado, 1977-
78. These two(2)maps sets are hereinafter referred to collectively as"The Eagle County Geologic
Hazard Maps" and are hereby incorporated herein by reference. A copy of the map sets are
available for review by the public in the Office of the Planning Director during normal business
hours.
C. Applicability. The provisions of this Section 4-420, Development in Areas Subject to Geologic
Hazards, shall apply to the following: (am. 02/06/07)
1. Lands Designated on Geologic Hazard Maps. Applications for Building Permit,
Subdivision Exemption, Subdivision, Special Use, or Planned Unit Development
•
LAND USE REGULATIONS 4-49 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS
proposed on lands that are designated on the Eagle County Geologic Hazards Maps as
avalanche hazard areas, rockfall hazard areas, landslides, debris fans, talus slopes, areas
containing expansive soils and rocks, and areas susceptible to ground subsidence.
2. Exemptions. The following types of development shall be exempt from the provisions of
this Section 4-420,Development in Areas Subject to Geologic Hazards.
a. Previously Subdivided Lot. The development of a single-family residence duplex,
multi-family structure,commercial, industrial or institutional structure on a lot that
received prior subdivision approval by Eagle County and,which bears the Board of
County Commissioners Certificate. Also, any development conducted pursuant to
a valid, approved special use permit shall be exempt. The development of said uses
shall comply with any geologic hazard mitigation requirements applied by Eagle
County to the approval of the subdivision, Planned Unit Development or Special
Use Permit. (am. 02/06/07)
b. Existing Structure. The remodeling,repair,restoration,alteration or expansion of
any existing structure.
D. Procedure.
1. General. Review of development that is subject to the provisions of this Section 4-420,
and shall require referral of the application to the Colorado Geological Survey(CGS).
2. Geologic Hazards Analysis. An applicant for development that is subject to the provisions
of this Section 4-420, Development in Areas Subject to Geologic Hazards, shall submit a
Geologic Hazards Analysis. The purpose of the Geologic Hazards Analysis is to determine,
on a site specific basis, the location and degree of severity of the geologic hazards
encumbering the property. The Geologic Hazards Analysis shall be prepared by a
professional qualified geologist or registered engineer who has the expertise to map and
evaluate geologic hazards and to assess their potential impacts on the development. The
map depicting slopes may be prepared by a surveyor registered in Colorado. (am. 02/06/07)
a. Building Permit Applications. For development requiring a Building Permit,the
application shall include those materials described under Subsection 4-
420.D.2.e.(2), Preliminary Plan/Special Use Permits, in addition to the materials
required for the Building Permit application pursuant to Chapter III of these
Regulations. (orig. 03/09/23)
b. Subdivision Exemption.For development requiring a Subdivision Exemption,the
application shall include those materials described under Subsection 4-
42O.D.2.e.(2), Preliminary Plan/Special Use Permits, in addition to the materials
required for the Subdivision Exemption application pursuant to Article 5, Section
5-270 Subdivision Exemption. (orig. 03/09/23)
LAND USE REGULATIONS 4-50 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS
c. Minor Subdivision. For development requiring a Minor Subdivision of land,
excluding condominium maps, subdivision of townhomes, duplexes or patio
homes, and lot line adjustments, the application shall include those materials
described under Subsection 4-42O.D.2.c.(2),Preliminary Plan/Special Use Permits
in addition to the materials required for a Minor Subdivision application pursuant
to Article 5, Section 5-290 Minor Subdivision. (orig. 02/06/07)
d. Development Involving Subdivision, Special Use Permit, or Planned Unit
Development Review. For any development subject to the procedures and
standards of this Section that involves Subdivision, Special use Permit,or Planned
Unit Development review, the Geologic Hazards Analysis shall be submitted in
two(2) steps, as follows: (orig. 03/09/23)
(1) Sketch Plan. The Geologic Hazards Analysis submitted with the sketch
plan shall provide an initial investigation of the feasibility that the
development can comply with this Section. It shall contain the following
materials:
(a) Map. A map of the property that depicts the general locations of
geologic hazards regulated by this Section in relationship to
planned development areas. The map shall depict contours at a
minimum of ten(10) foot intervals. (am. 02/06/07)
(b) Report. A brief report describing, in a general manner, whether
the development is able to avoid the geologic hazards or proposes
to mitigate the impacts of those hazards on the development. If
mitigation is proposed, a general description of the form that
mitigation is proposed to take shall also be provided.
(2) Preliminary Plan/Special Use Permits. The Geologic Hazards Analysis
submitted with the Preliminary Plan or Special Use Permit shall provide a
site specific analysis of how the development will comply with this Section.
It shall contain the following materials: (am. 02/06/07)(orig. 03/09/23)
(a) Site Specific Analysis. A site specific analysis of the property that
depicts the locations of geologic hazards regulated by this Section
in relation to planned development areas. The map shall also
provide an accurate survey depiction, at two (2) foot contour
intervals, of those portions of the property that contain slopes in
excess of thirty(30)percent.
(b) Impact Evaluation. An evaluation of the potential impacts of the
geologic hazards on the proposed development and potential
impacts on any property surrounding the subject property. This
LAND USE REGULATIONS 4-51 EAGLE COUNTY,COLORADO
Article 4
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ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS
shall include an evaluation of any recent natural or human-made
activity associated with the geologic hazards and shall provide an
expert opinion as to the degree of severity of the potential geologic
hazards. (am. 02/06/07)
(c) Building Envelopes. For newly proposed development or
redevelopment, building envelopes shall be utilized, where
applicable, to ensure that structures will be located in areas free of
geologic hazards or that have been properly mitigated as to all
identified hazards. Subdivision Plat Notes shall be utilized to
identify geological hazards present outside of platted building
envelopes, as applicable. (am. 02/06/07)
(d) Report. A complete report identifying how the proposed
development will comply with the standards of this Section,
including proposed hazard mitigation and avoidance measures.
3. Referral to Colorado Geological Survey. During the staff review of the application, the
Planning Director shall refer the application and Geologic Hazards Analysis to CGS.
Referral of Final Plat applications will be at the discretion of the Planning Director..The
Report must be prepared by a registered professional engineer or geologist.
a. Review By CGS.CGS shall review the application and Geologic Hazards Analysis
and provide comments to the County on potential geologic hazards posed to
persons and property. The purpose of this review is to make use of the expertise
and judgment of CGS to evaluate the potential impacts of these hazards on
development and to determine the appropriate avoidance or mitigation techniques
that may best apply to the proposed development. (am. 02/06/07)
b. Revision of Analysis May Be Required. If CGS determines there are geologic
hazards on the property that are not shown on the Eagle County Geologic Hazard
Maps and have not been addressed by the applicant, or that the Geologic Hazards
Analysis is otherwise incomplete or inadequate, the County may require the
applicant to revise the Geologic Hazards Analysis to properly address said hazards.
4. Recommendation By CGS. Considering the geologic characteristics of the property and
potential geologic hazards associated with those characteristics, the CGS shall make
recommendations regarding the potential impacts of the hazards and determine appropriate
avoidance or mitigation techniques.
5. Consideration. The County shall consider the content of the Geologic Hazards Analysis
and the recommendations of the CGS during the development review process.
LAND USE REGULATIONS 4-52 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS
SECTION 4-425. HILLSIDE DEVELOPMENT(orig. 02/06/07)
A. Purpose. To protect the property and quality of life of present and future residents by regulating
development on steep valley-side slopes. By requiring development that occurs upon steep slopes
to adhere to specified review procedures, performance standards and design guidelines intended
to implement the following design objectives:
1. To enhance the quality of life of existing and future residents by the preservation and
protection of the County's steep valley-side slopes;
2. To contribute to the natural hillside character of the existing neighborhoods and
developments in the County by limiting the alteration to topography and natural drainage
ways;
3. To preserve and protect the unique landforms and special natural features and aesthetic
qualities of the hillside areas;
4. To ensure that new development is sensitive to the existing natural setting and that the
protection design minimizes the removal of significant vegetation and natural features to
the greatest extent practicable;
5. To integrate natural features into project design;
6. To respect the existing views toward and from steep valley-side slopes and privacy of the
adjacent homes;
7. To encourage the use of innovative design techniques and solutions which minimize
disturbance and protect sensitive areas;
8. To recognize community concerns related to development and its impact upon visually
significant hillsides.
B. Methodology. Adoption of regulations requiring that development on such slopes respect existing
natural drainage ways, land forms, vegetation, visually sensitive areas, viewsheds and privacy
considerations.
C. Applicability. Except as provided in Section 4-425.G. hereof, the provisions of this Section
4-425 shall apply to applications for subdivisions, planned unit developments, special use permits
and building permits, whether for single-family residential, duplex residential, multi-family
residential, commercial, industrial or institutional structures, and including ancillary stormwater
drainage appurtenances,access roads,driveways and parking areas,on land that contains slopes of
thirty(30)percent or more.
D. Application Requirements
1. Subdivisions,Planned Unit Developments and Special Use Permits.
a. Minor Subdivisions. An application for minor subdivisions, excluding
condominium maps, subdivision of townhomes, duplexes or patio homes, and lot
line adjustments, shall include the materials described under this Section 4-425,in
addition to the materials required under Article 5, Section 5-290 Minor
Subdivision.
LAND USE REGULATIONS 4-53 EAGLE COUNTY,COLORADO
Article 4
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ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS
b. Subdivision and Planned Unit Development. An application for subdivision and
planned unit development sketch plans and preliminary plans shall include the
materials described under this Section 4-425, in addition to the materials required
for subdivision application under Article 5, Section 5-280 Subdivision and/or
Article 5, Section 5-240 Planned Unit Development District.
c. Special Use Permits. An application for a special use permit shall include the
materials required under this Section 4-425, in addition to the materials required
under Article 5, Section 5-250 Special Uses.
d. Required Materials. All subdivision,planned unit development and special use
permit applications must include:
(1) A slope analysis map shall be prepared by a professional engineer or
professional land surveyor registered in the State of Colorado depicting
the site contours as follows:
(a) Sketch plans shall provide a topographic map that depicts contours
at a minimum of ten(10)foot intervals.
(b) Preliminary plans and special use permits shall provide a scaled
site grading plan that depicts existing and proposed final grades
with a maximum of two (2) foot contours. Site plans must
illustrate the existing grades and improvements for the entire
property in question unless the County Engineer approves a
different area of interest. Areas on the map that contain slopes
that are greater than 30%, and which will remain undisturbed,
may be shown at ten(10) foot contours.
(2) A scaled site plan including all existing and proposed improvements and
pertinent natural features such as rock outcroppings and significant
groupings of existing vegetation,prepared at a scale of 1"=50 feet or less;
and
(3) An impact evaluation report, i.e., a narrative evaluation of the potential
impacts of development on slopes greater than 30% within the proposed
development, as well as potential impacts on adjacent surrounding
properties; the report shall include an evaluation of any natural or pre-
existing human-made alterations to the natural site grade; conclusions and
recommendations for grading procedures; soil design criteria for any
structures or embankments required to accomplish the proposed grading;
and, where necessary, slope stability studies, and recommendations and
conclusions regarding site geology.
LAND USE REGULATIONS 4-54 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS
e. The topographic contour map, grading plan, site plan, elevation drawing and
impact evaluation report evaluated for consistency with the governing zone district
standards and in accordance with the following review criteria:
(1) All standards of the governing zone district must be met (minimum
setbacks,maximum height,lot coverage,driveway and road grades,access
points, etc.);
(2) Disturbance of the natural terrain should be minimized to the extent
practicable:
(a) Cuts and Fills should be minimized to the extent practicable and
visually compatible stabilization measures should be used for Cut
and Fill slopes;
(b) Natural land forms should be preserved to the extent practicable
and natural features such as slopes and rock formations should be
incorporated into the site design to the extent practicable;
(c) Existing,natural vegetation should be preserved and incorporated
into the project design to the greatest extent practicable;
(3) Visual impacts upon off-site areas should be avoided or reasonably
mitigated:
(a) Structures should be finished in earthtone architectural treatments
and colors to make the structure less conspicuous as viewed from
off-site. White and other light colors should be avoided.
(b) Structures should be sited so that there is a mountain or hillside
backdrop.
(c) Existing vegetation should be preserved to the extent practicable
and supplementary wildfire resistive landscaping introduced, to
offset the visual impact of the structural mass on highly visible
building sites. (Reference Colorado State Forest Service
Publication 6.305,Firewise Plant Materials or, the version of this
publication currently in effect.)
Minimal water usage is recommended to avoid erosion and similar
degradation of the site; where erosion control methods include
hillside revegetation, temporary irrigation may be utilized until
the vegetation is established.
LAND USE REGULATIONS 4-55 EAGLE COUNTY,COLORADO
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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.
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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
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human life and safety and to property because they can be threatened by wildfire. These
regulations are intended to provide standards to reduce or minimize the potential impacts of
wildfire hazards on properties, the occupants of properties and the occupants of adjacent
properties, as well as to facilitate access to manmade structures by firefighters in the event of a
wildfire. Development should attempt to avoid high and extreme wildfire hazard areas whenever
possible. (am 12/17/02)
B. Applicability. The provisions of this Section shall apply to any application for a Special Use
Permit, Subdivision or Planned Unit Development(PUD). (am 12/17/02)
C. Vegetation Management Plan. All applications identified in Section 4-430.B,Applicability,shall
include a Vegetation Management Plan. The Vegetation Management Plan shall be prepared by a
natural resource professional with expertise in the field of vegetation management and wildfire
mitigation. (orig. 12/17/02)
1. Special Use Applications. For development requiring a Special Use Permit, the
application shall include those materials described under Subsection 4-430.C.2.b,
Preliminary Plan. (orig. 12/17/02)
2. Development Involving Subdivision or PUD Review. (orig. 12/17/02)
a. Sketch Plan. The Vegetation Management Plan submitted with the sketch plan
shall provide an initial site-specific evaluation. Following is the minimum
information to be included in the plan:
(1) A statement of objectives for the Vegetation Management Plan;
(2) A site-specific wildfire analysis addressing topographic and vegetation
features;
(3) A vegetation inventory, analysis and map which identifies and assesses
the major timber stands and vegetation according to National Fire
Protection Association (NFPA) Bulletin Number 299, Standard for
Protection of Life and Property from Wildfire,1997 Edition or, the •
version of the referenced publication currently in effect.
b. Preliminary Plan. The Vegetation Management Plan submitted with the
preliminary plan shall provide a detailed site specific analysis which includes the
following minimum information;
(1) A schedule delineating how the wildfire mitigation actions identified in
the plan will be implemented including, but not limited to, overlot
vegetation thinning, creation of fuel-breaks and the installation of
working fire hydrants, fire cisterns and or/dry hydrants prior to the
introduction of combustible construction materials on the site;
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(2) Communication capabilities during construction with the Local Fire
Authority Having Jurisdiction and the type of communication system. A
physical address is required for E-911 purposes;
(3) Detailed specification of fire protection equipment and emergency
preparedness actions to be installed or implemented and maintained
• within the subdivision during construction;
(4) Detailed mitigation actions including, but not limited to, thinning and
removal of trees and vegetation designed to mitigate wildfire hazard areas.
The use of building envelopes may be required to locate structures outside
of severe hazard areas, off of steep slopes and outside of draws and
canyons;
(5) Identification of the entities responsible for implementing the plan,
constructing required improvements, and maintenance in perpetuity of
the improvements and appropriate easements, if any;
(6) A map identifying major timber stands and vegetation, locations of fire
hydrants,water tanks, cisterns and/or dry hydrants, as well as locations
and flows or capacity of fire hydrants, water tanks, cisterns and/or dry
hydrants.
D. Procedure.
1. Referral to Colorado State Forest Service. As part of the review of the application, the
Planning Director shall refer to the Colorado State Forest Service (CSFS) all applications
as identified in Section 4-43O.B.,Applicability. Referral of Final Plat applications will be
at the discretion of the Planning Director.
2. Review and Classification of Degree of Hazard By CSFS. CSFS reviews the
application and determines whether there is a low, moderate, high, or extreme degree of
severity of wildfire hazard posed to persons and property pursuant to the National Fire
Protection Association (NFPA) Bulletin Number 299,Standard for Protection of Life and
Property from Wildfire, 1997 Edition or,the version of the referenced publication currently
in effect. CSFS considers the Vegetation Management Plan, Defensible Space and
proposed design of the subdivision or PUD(including the planned roads and water supply
facilities and the configuration and location of lots), the topography of the site, the types
and density of vegetation present, the fire protection measures proposed by the applicant
and other related factors in making its determination. (am 12/17/02)
3. CSFS Response. Considering the degree of severity of wildfire hazard that is posed to
persons and property, the CSFS shall also comment on the potential effectiveness of the
Vegetation Management Plan and the mitigation techniques proposed. These
recommendations shall be based on guidelines promulgated by CSFS (see, for example,
"Creating Wildfire-Defensible Zones,No. 6.302 or currently accepted standards.)and may
include, but are not limited to the following wildfire hazard mitigation techniques: (am
12/17/02)
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•
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS
a. Locations. Recommendations to locate structures outside of severe hazard areas,
off of steep slopes and outside of draws and canyons.
b. Manipulate Vegetation. Recommendations to manipulate the density and form
of vegetation, so as to create defensible space buffers around locations where
structures are proposed including: Removal of tree limbs hanging near chimneys,
establishing fuel-breaks, reduction of on-site vegetative fuel hazards through
strategic thinning and clearing to promote overall health of on-site vegetation by
reducing the severity of the hazard. The form and the extent of the
recommendations to manipulate vegetation shall relate directly to the severity of
the hazard that is present. (am 12/17/02)
c. Building Design. Recommendations to use fire rated or non-combustible roof
materials,to require pitched roofs,and to sheath,enclose or screen projections and
openings above and below the roofline, as applicable. Compliance with these
recommendations shall occur prior to building permit issuance pureuant to Chapter
3.10, Building Resolution of the Eagle County Land Use Regulation.(am. 12/61/24)
(am 12/17/02)
d. Water Supply. Where access to a pressurized water system with fire hydrants is
not provided,recommendations may be made to ensure the availability of a water
supply for individual structures, in the form of access to a pond, installation of an
underground water storage tank,provision for dry hydrants, or similar methods.
e. Access. Recommendations to provide separate routes of entrance and exit into the
subdivision or PUD, to lay out roads so as to create fuel breaks and to ensure the
adequacy of access by emergency vehicles, including the provision of regularly
spaced turnouts along roadways, the establishment of adequate grades and sight
distances and the prohibition of dead end streets in the development. Depending
upon the length of the road,fire hazard rating,number of units proposed,topography
and the recommendation of the Local Fire Authority Having Jurisdiction, the Board
of County Commissioners may,at their discretion,grant a variance from the required
improvement standard. (am 12/17/02)(am 03/21/06)
f. Maintenance. Recommendations to keep roofs cleared of debris and to store
flammable materials and firewood away from structures. Firebreaks, turnaround
areas and emergency access routes shall be maintained. (am 12/17/02)
4. Compliance. The County shall consider the recommendations of the CSFS and apply the
appropriate recommendations as conditions of approval of the sketch and preliminary plan.
The applicant shall demonstrate how the development complies with all of the CSFS
recommendations made conditions of approval by the County. (am 12/17/02)
E. Standards. (orig. 12/17/02)
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1. Water Supply and Access. The following standards for water supply and access shall
apply to all applications as identified in Section 4-430.B.,Applicability.
a. Water Supply.
(1) Fire Hydrants.
(a) Fire hydrants shall be provided when a water distribution system
will serve the proposed development and shall meet the required
fire flow as defined in the fire code in effect at the time of
application or as otherwise determined by the Local Fire
Authority Having Jurisdiction.
(b) The water distribution system shall be capable of delivering the
required fire flow for each hydrant connected to the distribution
system within the proposed subdivision as delineated in the fire
code in effect at the time of application,or as otherwise required
by the Local Fire Authority Having Jurisdiction.
(c) Fire hydrants shall be located at the intervals defined in the fire
code in effect at the time of application, and shall be located so
that all structures are within a maximum five hundred(500)feet
as defined in the fire code in effect at the time of application or
as otherwise determined by the Local Fire Authority Having
Jurisdiction.
(d) Fire hydrants shall be located in the public right-of-way or at
other locations as required and approved by the Local Fire
Authority Having Jurisdiction.
(e) Fire hydrants shall be accessible to fire fighting apparatus from
County maintained roads, privately maintained roads or
• unobstructed emergency vehicle lanes as determined by the
Local Fire Authority Having Jurisdiction.
(2) Water tanks,cisterns and/or dry hydrants. Water tanks,cisterns and/or
dry hydrants shall be provided in developments that are not served by
hydrants unless the Local Fire Authority Having Jurisdiction has approved
an alternative fire protection water supply system.
(a) Water tanks and cisterns shall meet the requirements of the 1997
Uniform Fire Code as adopted by Eagle County, or as defined in
the fire code in effect at the time of application. Depending upon
the recommendation of the Local Fire Authority Having
Jurisdiction, the Board of County Commissioners may, at their
discretion, grant a variance from the required improvement
standard.
(b) A dedicated turn-around shall be placed no more than fifty (50)
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feet from a water tank or dry hydrant cistern and the discharge
from the water tank or dry hydrant cistern shall be within eight
(8) feet of the nearest usable portion of the dedicated right-
of-way, unless otherwise approved by the Local Fire Authority
Having Jurisdiction.
(c) Dry hydrants may be provided in combination with or in lieu of
cisterns, water tanks or other approved fire protection water
supply systems. Dry hydrants shall be installed in accordance with
the standards ofNFPA Bulletin Number 1142,Suburban and Rural
Fire Fighting 2001 Edition or, the version of the referenced
publication currently in effect. The Local Fire Authority Having
Jurisdiction may approve an alternative standard. An average
home size of 5000 square feet shall be assumed unless further
modified within the development.
b. Access. With the exception of properties proposed to be served by driveways or by
urban cul-de-sacs, separate routes of entrance and exit into the development shall be
provided. Roads shall be laid out with consideration for creating fuel breaks and to
ensure the adequacy of access by emergency vehicles, including the provision of
regularly spaced turnouts along roadways, the establishment of adequate grades and
sight distances and the prohibition of dead end streets longer than 1000 feet or serving
more than 25 contiguous lots within the development. Reference ROADWAY
STANDARDS ECM Section/1 620.D8_3.9.a and Section 1 620.J8_9.1.h. Depending
upon the length of the road, fire hazard rating, number of units proposed, topography
and the recommendation of the Local Fire Authority Having Jurisdiction,the Board of
County Commissioners may, at their discretion, grant a variance from the required
improvement standard. /06/(am. 12/01/24)
SECTION 4-440. WOOD BURNING CONTROLS
A. Findings and Intent. The Eagle County Board of County Commissioners hereby find and declare
air quality to be an important part of the health, safety and welfare of the community. The Board
of County Commissioners have a duty to protect and improve air quality in and around Eagle
County, not only for the health, safety and general welfare of its residents and visitors, but also
because air pollution resulting from the use of wood burning devices reduces the desirability of
Eagle County as a recreation and tourism destination, thus affecting the aesthetic and economic
welfare of the County. The Board of Commissioners find and declare the present level of
degradation of air quality to be unacceptable and recognize the need to achieve the maximum
• practical degree of air purity possible by requiring the use of all available practical methods and
techniques to control, prevent and reduce air pollution caused by wood smoke. It is the intent of
the Board of County Commissioners to enact reasonable regulations to control pollution caused by
wood smoke for the purpose of improving the air quality, aesthetic features and economy of Eagle
County.
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B. General Requirements.
1. Only New Technology Devices Permitted. Building or mechanical permits shall only be
issued for the installation of wood burning devices that comply with the standards of a new
technology device, as defined herein, or unless the installation is otherwise exempt from
these Regulations.
2. Existing Wood Burning Devices. Buildings with wood burning devices in existence on
the effective date of this regulation shall be permitted to replace existing wood burning
devices with new technology devices.
3. Exemptions. Section 4-440.C., Maximum Number of Wood Burning Devices in New
Structures, does not apply to parcels thirty five (35) acres or greater in size, zoned
Resource, and the sole source of heat is a new technology device.
C. Maximum Number of Wood Burning Devices in New Structures. The maximum number of
wood burning devices permitted within new structures in unincorporated Eagle County shall be as
follows:
1. R, RL, AR, AL, and RR Zone Districts. One (1) new technology device shall be
permitted per building within the Resource (R), Resource Limited (RL), Agricultural
Residential (AR), Agricultural Limited (AL), and Rural Residential (RR) zones, unless
exempt under Section 4-440.B.3. Exemptions.
2. RC,RSL,RSM,RMF and FH Zone Districts. Within the Rural Center(RC),Residential
Suburban Low Density(RSL),Residential Suburban Medium Density (RSM),Residential
Multi-Family(RMF), and Fulford Historical (FH)zone districts,the following limitations
shall apply:
a. Single-Family and Duplex Units. One (1) new technology device shall be
permitted per dwelling unit in single-family and duplex dwellings.
b. Multi-Family Units. Wood burning devices shall not be permitted within multi-
family dwelling units;however, one(1)new technology device shall be permitted
in the common area of a building containing multi-family units.
3. RC, CL, CG, and I Zone Districts. Within the RC (Rural Center), Commercial Limited
(CL),Commercial General(CG)and Industrial(I)zone districts,the following limitations
shall apply:
a. Commercial and Industrial Uses. One (1) new technology device shall be
permitted per each building that contains commercial and industrial use(s); or
b. Hotel or Motel Use. One(1)conventional open-hearth fireplace shall be permitted
in the common area of a building that contains a motel or hotel use.
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Said fireplace shall be constructed with glass doors and shall have the ability to
regulate the amount of outside return air entering the fire chamber.
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION4-4 NATURAL RESOURCE PROTECTION STANDARDS
4. Approved PUD. Within any approved planned unit development (PUD), including the
Eagle-Vail PUD, the following limitations shall apply, unless alternative limitations are
approved as part of the PUD Guide:
a. Single-Family and Duplex Units. One (1) new technology device shall be
permitted per dwelling unit in single-family and duplex dwellings.
b. Multi-Family Units. Wood burning devices shall not be permitted within multi-
family dwelling units; however, one (1) new technology device shall be permitted
in the common area of a building containing multi-family units.
c. Commercial and Industrial Uses. One (1) new technology device shall be
permitted per each building that contains commercial and industrial use(s); or
d. Hotel or Motel Use. One(1)conventional open-hearth fireplace shall be permitted
in the common area of a building that contains a motel or hotel use. Said fireplace
shall be constructed with glass doors and shall have the ability to regulate the
amount of outside return air entering the fire chamber.
SECTION 4-450. RIDGELINE PROTECTION
A. Purpose. The purpose of the Ridgeline Protection Section is to preserve and maintain the County's
scenic aesthetic resources as viewed from certain roadway corridors that are important to the
character and economy of Eagle County. This is accomplished by the establishment of ridgeline
areas within which the location and design of new development or redevelopment is reviewed to
maintain and preserve the natural appearance of the mountain skyline by avoiding penetration or
interruption of the natural skyline. (See definition of `Ridgeline' in Article 2: Definitions).
(am.07/17/06)
B. ' Areas Subject to Analysis. All undeveloped lands located near or on a ridgeline or intermediate
ridge which are visible from the following transportation routes (am.07/17/06):
BRUSH CREEK ROAD GYPSUM CREEK ROAD US HIGHWAY 82
Corridor
COLORADO RIVER LAKE CREEK ROAD US HIGHWAY 24
ROAD Corridor
EL JEBEL ROAD SQUAW CREEK ROAD US HIGHWAY 131
Corridor
FRYING PAN ROAD WEST LAKE CREEK I-70 Corridor
ROAD
C. Applicability. The provisions of this Section 4-450, Ridgeline Protection, shall apply to
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applications for Building Permits, Subdivision, Special Use, or PUD. (am.07/17/06)
D. Exemptions.These standards shall not apply to: (orig.07/17/06)
1. Activity or development that has been previously approved through the Building Permit or
Special Use Permit process prior to the date of adoption of these regulations;
2. All lots within platted subdivisions, approved by the Board of County Commissioners,
which prior to the effective date of these Ridgeline regulations have designated building
envelopes, assigned building areas or otherwise include previously approved ridgeline
protection and/or mitigation standards.
3. Development which has received approval from the Board of County Commissioners
through the PUD process specifically granted a variation from this section; or properties
which have received a Variance from the Zoning Board of Adjustment granting a Variance
from this section;
4. Telecommunication Facilities which have received Special Use Permits incorporating
visual mitigation measures;
5. Public Utility Facilities which have demonstrated that no other feasible and prudent
alternative sites exist;
6. Fences constructed primarily of wire;
E. Standards. All non-exempt development located in identified areas shall comply with the
following standards:•(orig.07/1 7/06)
1. The proposed development, where feasible, shall minimize potential visual impacts by
utilizing existing topography and natural vegetation;however,after wildfire mitigation no
part of any building shall silhouette the skyline at any time of year.
2. The proposed development height and bulk shall be designed to avoid the silhouetting of
buildings from ridgelines. Mitigation techniques may include,but not be limited to either
distributing the structural mass into a series of smaller forms;or utilizing stepped rooflines.
3. More restrictive minimum structural setbacks and/or height controls (heights less than
normally permitted in underlying zone district)may be necessary to preserve public views
from identified transportation routes, as determined by a site specific visual analysis.
F. Procedure.(am.07/17/06)
1. An applicant for development that is subject to the provision of this Section 4-450,
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Ridgeline Protection, shall submit a visual analysis. The purpose of the visual analysis is
to illustrate the anticipated visual effects of the proposed development and to describe how
the potential visual impacts will be mitigated.
a. Building Permit. For new development on ridgeline, or potential ridgeline areas
which requires a building permit, the application shall include those materials
described under Subsection 4-450.F.(2), Preliminary Plan in addition to the
required materials necessary for the building permit application, and Pursuant to
Section 4-450.G.1 FONSI Determination. (am.07/17/06)
b. Special Use Application. For development requiring a special use permit, the
application shall include those materials described under Subsection 4-
450.D.lb.d.(2),Preliminary Plan in addition to the required materials necessary for
the special use permit application. (am.07/17/06)
c. Minor Subdivision. For development requiring a Minor Subdivision,pursuant to
Section 5-290 Minor Subdivision with the exception of a minor subdivision for the
purpose of subdividing condominiums, townhomes, patio homes or duplex
structures,the application shall include those materials described under Subsection
4-450.D.1.d.(2), Preliminary Plan (unless otherwise exempted per Section 4-
450.D) in addition to the required materials necessary for the minor subdivision
application.
(am.07/1 7/06)
d. Development Involving Subdivision or PUD Review. For any development
subject to the procedures of this Section that involves Subdivision or PUD review,
the Visual Analysis shall be submitted in the following stages: (am.07/17/06)
(1) Sketch Plan. Within the sketch plan application, the applicant shall
submit an initial investigation of potential visual impacts and mitigation
techniques. It shall contain the following materials:
(a) Map. A map of the property that depicts the general locations of
ridgeline areas protected by this Section in relationship to planned
development areas.
(b) Preliminary Visual Analysis. The Visual Analysis should
provide sufficient information to clearly identify visually sensitive
areas where development may require mitigation to prevent
impacts upon the skyline. (am.07/17/06)
(c) Written Statement. A brief written statement describing, in a
general manner,where the development is proposed to be located
in relation to the ridgeline areas and the design elements that will
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be used to mitigate visual impacts. (am.07/17/06)
(2) Preliminary Plan. Within the preliminary plan application,the applicant
shall submit a detailed visual analysis. It shall illustrate the existing
features of the site, as viewed from the applicable transportation route(s).
The analysis shall depict the location and design of the proposed
development, from identified vantage points. Vantage points shall be in
half-mile increments along the identified transportation route(s) (see
Section 4-450.B Areas Subject to Analysis).The visual analysis shall also
include: (am.07/17/06)
(a) Illustrations. Illustrations of the mass and form of the proposed
development. These may be provided as a photograph of the
property, onto which the development has been rendered, a
computer simulation, an architectural site section or other similar
visual display technique.When the property is visible from two or
more identified roadways, a visual analysis of the site must be
provided from vantage points along all applicable transportation
routes. (am.07/17/06)
(b) Proposed Mitigation Controls. Proposed Mitigation Controls
including,but not limited to the following: (am.07/17/06)
(i) Structural Finish Materials and Colors. Statements or
samples describing the materials and colors proposed to
be used in all structures; (orig.07/17/06)
(ii) Height limitations which may be more restrictive than the
current definition for calculating building height (as
found within Article 2: Definitions) or as the governing
zone district allows; (orig.07/1 7/06)
(iii) Proposed Building envelopes; (orig.07/17/06)
(iv) Natural and introduced landscaping for the purpose of
screening and preserving public view sheds. (orig.07/17/06)
(v) Other mitigation controls to prevent impacts to the
skyline.
(orig.07/17/06)
(c) Map. A map locating proposed roads and utilities and identifying
the area proposed for development.
(d) Plans.Grading, landscaping and illumination plans.
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(e) Written Statement. A written statement shall be submitted
depicting how the development mitigates visual impacts on
affected ridgelines.
(3) Final Plat. Within the final plat application, the applicant shall submit
those materials necessary to provide the County with assurances that the
development will meet all of its commitments for ridgeline development
agreed to during preliminary plan review. Such assurances may include,
but not be limited to covenants,deed restrictions and financial guarantees,
or any other forms of mitigation as approved by the Board of County
Commissioners. For developments that do not require a final plat, this
information shall be provided with the preliminary plan. (am.07/1 7/06)
2. Review by County. The County shall review the application and visual analysis to
determine whether there is potential visual impact to the ridgelines from transportation
routes as identified in Section 4-450.B Areas Subject to Analysis. It is the intent that
development subject to this Section 4-450,Ridgeline Protection,be located in such a manner
that it does not appear to penetrate above the crest of a ridge whereby the proposed
development has no backdrop and penetrates the skyline. (am.07/17/06)
G. Approval Process for New Development Not Exempted In Section 4-450.D.Exemptions.Any
proposed development which is not exempted pursuant to Section 4-450.D.Exemptions for parcels
of land on ridgeline, or potential ridgeline areas must receive a Finding of No Significant Impact
(FONSI) from the Director of Community Development. The FONSI determination process shall
occur concurrently with review of a Building Permit, unless the proposed new development is
approved by the Board of County Commissioners through the Subdivision, PUD or Special Use
Permit process,in such instances, a FONSI is not necessary. (orig.07/17/06)
1. FONSI Determination. Prior to administering a FONSI determination, the Planning
Director must find that all of the following criterion has been satisfied:
a. The newly proposed development has been located to avoid ridgeline areas to the
greatest extent practicable;
b. The newly proposed development cannot be readily seen from the roadways
delineated in section 4-450.B of these regulations;
c. The proposed structural addition/expansion will not change the visual aspect of the
existing structure or further breach the skyline;
d. That there are other circumstances including but not limited to:topography,access,
geologic aspects,location and lot shape; and that no other alternative building site
exists other than what is proposed;
LAND USE REGULATIONS 4-68 EAGLE COUNTY,COLORADO
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e. The applicant has demonstrated, to the satisfaction of the Planning Director that
Section 4-450.E. Standards has been incorporated into the proposed development.
Based upon review of the Building Permit application materials and additional
evidence as supplied by the applicant, the Director of Community Development
may find that a Finding of No Significant Impact(FONSI) is appropriate.
2. Finding of No Significant Impact (FONSI). The Director of Community Development
may determine that a Finding of No Significant Impact (FONSI) should be issued if the
proposed building permit in its proposed location is consistent with the spirit and intent of
related standards and is unlikely to have any significant adverse impact to adjacent
properties or the public health, safety and welfare. In the instance that a FONSI is made,
and upon expiration of the reconsideration period described below, the building permit
application will be issued pending compliance with all other applicable elements of these
Land Use Regulations, as well as, the Eagle County Building Resolution. (am. 12/01/24)
a. Notice of Director's Determination of a FONSI.
(1) Upon the Director's Determination of a FONSI, the Director shall notify
the applicant by mail,and shall notify the Board,the County Administrator
and the County Attorney of the Determination by e-mail or memorandum.
(2) The Notice of Director's Determination of the FONSI shall be published
once in the County legal newspaper not more than fourteen (14) days
following the Determination. The notice shall describe the Project and the
procedure for requesting reconsideration as set forth below.
b. Reconsideration of Director's Determination of a FONSI.
(1) Call-up by the Board. Within fourteen(14) days after publication of the
Director's Determination of a FONSI,the Board may decide to reconsider
the Determination. Such reconsideration shall be made at the next
regularly scheduled meeting of the Board for which proper notice can be
accomplished.
(2) Request for Reconsideration by Affected Party. Any affected party
seeking a reconsideration of the Director's Determination of a FONSI shall
file a written request with the Board within fourteen(14)days of the date
of publication in the newspaper of the Notice of the Director's
Determination of the FONSI. The Board shall reconsider the Director's
Determination of the FONSI at the next regularly scheduled meeting for
which proper notice can be accomplished. The affected party may
request a reasonable extension if necessary.
LAND USE REGULATIONS 4-69 EAGLE COUNTY,COLORADO
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ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS
3. Approval Required. If the Director determines that a Finding of No Significant Impact
(FONSI) is not appropriate, the application will be forwarded to the Board of County
Commissioners for consideration. At a public hearing, the Board of County
Commissioners shall consider the application, the relevant support materials, and any
public testimony. After the close of the public hearing, the Board may uphold the
Director's determination, overturn the Director's determination or overturn the Director's
determination with conditions.
SECTION 4-460. ENVIRONMENTAL IMPACT REPORT
A. Purpose. The purpose of an Environmental Impact Report is to provide complete information on
the environmental effects of proposed development to the County Commissioners, the Planning
Commission and the general public. In addition,the purpose is to ensure that long term protection
of the environment is a criterion to be considered in planning,and that development decisions,both
public and private, take into account the relative merits of possible alternative actions. This is
accomplished by, providing procedures for review and evaluation of the environmental effects of
proposed projects prior to granting of permits or other authorizations for commencement of
development.
B. Applicability. Unless exempted by Subsection 4-460 D. Exemptions, an Environmental Impact
Report is required for applications of subdivision,special use,or PUD that may significantly affect
the environment, either during construction or an a continuing basis.
C. Application and Review. The Environmental Impact Report shall accompany the initial
application submittal for the development proposal. Any subsequent submittal shall include the
Environmental Impact report and reflect any revisions or additional information requested by the
Planning Director,the Planning Commission or Board of County Commissioners.
D. Exemptions. An Environmental Impact Report shall not be required when a phase of a
development for which an Environmental Impact Report was previously submitted and reviewed
covering all phases of the entire development, provided that the development was approved
originally and not subsequently altered in any material respect.
E. Report Contents.
1. Environmental Impact Report. The Environmental Impact Report shall contain
information and analysis,in sufficient detail and adequately supported by technical studies,
to enable the Planning Commission and the County Commissioners to judge the
environmental impact of the proposal and to judge measures proposed to reduce or negate
any harmful or undesirable environmental impacts. The Planning Director, Planning
Commission and or County Commissioners may require submission of information in
addition to that listed in this section. The Environmental Impact Report shall include all
necessary information to adequately address the specific Environmental
Conditions(Section 4-460 E.2.) affected.
LAND USE REGULATIONS 4-70 EAGLE COUNTY,COLORADO
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ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS
2. Environmental Conditions. The following is a list of Environmental Conditions to be
considered. •
a. By significantly altering an ecological unit or land form,such as a ridgeline,saddle,
draw,ravine,hillside, cliff, slope, creek,marsh,watercourse,or other natural land
form feature.
b. By directly or indirectly affecting a wildlife habitat, feeding, or nesting ground.
c. By significantly altering or removing native grasses, trees, shrubs, or other
vegetative cover.
d. By significantly affecting the appearance or character of a significant scenic area
or resource, or involving buildings or other structures that are of a size, bulk, or
scale that would be in marked contrast to natural or existing cultural features.
e. By potentially resulting in avalanche, landslide, siltation, settlement, flood, or
other significant land form change or hazard to health and safety.
•
f. By discharging toxic or thermally abnormal substances, or involving use of
herbicides or pesticides, or emitting significant smoke, gas, steam, dust, or other
particulate matter.
g. By involving any process which results in significant odor that may be
objectionable or damaging.
h. By requiring any waste treatment, cooling, or settlement pond, or requiring
transportation of solid or liquid wastes to a treatment or disposal site.
i. By discharging significant volumes of solid or liquid wastes.
j. By increasing the demand on existing or planned sewage disposal,storm drainage,
or other utility systems to a level which is likely to cause an adverse impact on the
environment.
k. By involving any process which generates significant noise that may be offensive
or damaging.
1. By either displacing significant numbers of people or resulting in a significant
increase in population.
m. By preempting a site which is desirable for recreational uses or planned open space.
n. By significantly altering local traffic patterns or causing an increase in traffic
volume or transit service need.
LAND USE REGULATIONS 4-71 EAGLE COUNTY,COLORADO
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O. By being a part of a larger project which, at any future stage, may involve any of
• the impacts listed above.
3. Preparation. The Environmental Impact Report shall be prepared by qualified
professionals.
4. Inclusions. The Environmental Impact Report shall include:
a. Overview of Development Proposal. A general statement identifying and
describing the proposed development in terms such as site area, numbers of
residential units, proposed height and bulk of buildings, building floor area in
square feet, and such other data as will contribute to a clear understanding of the
scale of the development. Project boundaries, and boundaries of the area within
which environmental impact is likely to be significant shall be shown on a site map.
b. Other Reviewers. A list of other regulatory review agencies and the specific
environmental protection regulations to which the proposed development will be
subject(e.g. air,water, solid waste, etc.).
c. Summary. A summary of the Inventory and Analysis sections of the
Environmental Impact Report and supporting technical studies shall be provided
and prepared using terms that can be assessed and evaluated by county officials
and the general public.
d. Inventory and Analysis. The Inventory and Analysis shall address and
incorporate the applicable Environmental Conditions pursuant to Section 4-460
E.2.,Environmental Conditions, as follows:
(1) Text,maps,photographs,and other appropriate illustrative material may be
used as part of the Inventory and Analysis section of the Environmental
Impact Report.
(2) The Environmental Impact Report shall include an inventory of existing
environmental characteristics of the site that exist prior to the proposed
development.
(3) The Environmental Impact Report shall include a comprehensive
qualitative and quantitative analysis of any environmental impacts of the
proposed development. The analysis portion of the Environmental Impact
Report shall assess the following items in reasonable detail:
(a) Adverse effects, which cannot be avoided if the proposal is
implemented.
LAND USE REGULATIONS 4-72 EAGLE COUNTY,COLORADO
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(b) Mitigating measures proposed to minimize the impact.
(c) Possible alternatives to the proposed action.
(d) Temporary, secondary and cumulative long term effects of the
proposal,which either significantly reduce or enhance the state of
the environment.
(e) Irreversible environmental changes resulting from
implementation of the proposal.
(f) How, if applicable,the proposal is part of a large project which at
any future stage may increase impacts.
e. Environmental Topics to Address. Each Environmental Impact Report shall
include inventory information and analysis of impacts on the following natural
systems:
(1) Hydrologic - existing surface drainage and watershed characteristics,
groundwater and soil permeability characteristics, natural or man-made
water features and characteristics (such as streams, wetlands,ponds, etc.)
and any potential changes or impacts caused by the development proposal.
(2) Atmospheric - airshed characteristics, potential emissions, and any
potential changes or impacts caused by the development proposal.
(3) Geologic - all land forms (ridgelines, ravines, etc.), slopes, soil
characteristics, potential hazards areas, and any potential changes or
impacts caused by the development proposal such as landslide, flood,
settlement, siltation, avalanche or other.
(4) Biotic - vegetation and wildlife habitats feeding, breeding, nesting or
critical habitats including but not limited to upland, riparian and wetland,
and any potential changes or impacts including but not limited to intrusion,
obstruction,removal or alteration of vegetation.
(5) Wastes, Noise and Odors - levels and characteristics of any toxic,
noxious or abnormal substances, smoke, odors, gas, wastes, steam, dust
or other particulate matter.
(6) Visual - views and scenic values, and any potential changes, impacts, or
marked contrasts that would affect the scenic area or resource.
(7) Circulation and Transportation - volumes and traffic flow patterns,
transit service needs, alternative transit systems and potential changes or
impacts.
LAND USE REGULATIONS 4-73 EAGLE COUNTY,COLORADO
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f. Related.Studies and Requirements. If the land development proposal is subject
to other standards in these Land Use Regulations that are of a related
environmental nature,reports used to meet those standards may be used to satisfy
certain requirements for information and analysis in the Environ-mental Impact
Report, so long as the preparer clearly identifies how and where a reviewer will
find that information within the submittal package.
•
•
LAND USE REGULATIONS 4-74 EAGLE COUNTY,COLORADO
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ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-5 COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS
DIVISION 4-5. COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS
SECTION 4-500. PURPOSE
The purpose of this Division is to provide appropriate standards for the operation of commercial
and industrial uses in Eagle County. These standards are intended to protect people and
property from the health and safety hazards associated with excessive noise, vibration,
smoke, heat, glare,radiation,fumes and water pollutants and from the improper storage of
hazardous and non-hazardous materials.
SECTION 4-510. APPLICABILITY
This Division shall apply to all commercial and industrial uses located within unincorporated Eagle
County.
SECTION 4-520. NOISE AND VIBRATION STANDARDS
A. Maximum Permissible Noise Levels. Every use shall be operated such that the noise level
produced does not inherently and recurrently exceed sixty(60)decibels,during the hours of 7:00
A.M. to 7:00 P.M., or fifty-five (55) decibels from 7:00 P.M. to 7:00 A.M. During the hours of
7:00 A.M. to 7:00 P.M., the noise levels permitted may increase a maximum of five (5) decibels
for a period not to exceed fifteen(15)minutes in any one(1)hour.
1. Measured Along Property Boundary. Noise levels shall be measured at any point along
any boundary line of the property on which the use is located.
2. Measurement When There Are Multiple Uses on a Single Parcel. Where more than one
(1)use is located on a property,then the noise levels shall also be measured along any wall
of any other building on the property.
B. Vibration Generated. Every use shall be so operated that it does not inherently and recurrently
generate a ground vibration that is perceptible, without instruments, at any point along any
boundary line of the property on which the use is located. Where more than one(1)use is located
on a property,then this standard shall also be measured along any wall of any other building on the
property.
SECTION 4-530. SMOKE AND PARTICULATE STANDARDS
A. Smoke Emission. Every use shall be so operated that it does not emit smoke exceeding a density
(opacity) of twenty(20)percent.
B. Emission of Particulate Matter. Every use shall be so operated that it does not emit particulate
matter exceeding two-tenths(0.2)grains per cubic foot of the flue gas at a stack temperature of five
hundred(500)degrees Fahrenheit.
LAND USE REGULATIONS 4-75 EAGLE COUNTY,COLORADO
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ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-5 COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS
C. Projection of Dust or Fumes. Every use shall be operated so that dust or fumes shall not project
beyond the boundary line of the property on which the use is located. Where more than one (1)
use is located on a property, then each use shall be operated so that dust or fumes do not project
onto any wall of any other building on the property.
SECTION 4-540. HEAT,GLARE,RADIATION AND ELECTRICAL
INTERFERENCE
Every use shall be operated so it does not emit a dangerous or discomforting degree of heat, glare,
radiation or electrical interference and does not interfere with the normal operation of other
equipment or instruments, including normal radio or television reception beyond any
boundary line of the property on which the use is located. Sources of emissions shall be
shielded,operated indoors or pointed away from neighboring properties. Where more than
one(1)use is located on a property,then these standards shall also apply along any wall of
any other building on the property.
SECTION 4-550. STORAGE OF HAZARDOUS AND NON-HAZARDOUS MATERIALS
A. Storage of Hazardous Materials.
1. Flammable or Explosive Materials. Flammable or explosive liquids, solids, or gases
shall be stored so as to comply with all applicable local,state and federal regulations, with
particular attention to any standards adopted by the applicable fire district. Hazardous
materials stored on-site shall be reported to the County's Emergency Planning Committee,
in compliance with the Superfund Amendments Reauthorization Act,Title III,as amended.
2. Outdoor Storage in Closed Containers. All materials or wastes which might cause fumes
or dust or that constitute a fire hazard or that may be edible by or otherwise be attractive to
vectors may be stored outdoors only when stored in closed containers.
3. Safety. More restrictive standards for the storage of hazardous materials may be applied
when required for the safety of occupants of other land uses in proximity to the storage
area or to address other pertinent neighborhood conditions.
B. Enclosure. All outdoor storage for commercial and industrial uses shall be enclosed by a sight
obscuring fence, wall or landscaped berm, concealing it from view from adjacent properties and,
if possible,from any public right-of-way. The fence or wall shall not exceed eight(8)feet in height,
and shall be built according to plans submitted to and approved by the Planning Director,to ensure
its design and materials do not detract from adjacent uses.
C. Prevent Transfer By Natural Causes. No materials or wastes shall be stockpiled, deposited or
otherwise placed upon a property in such form or manner that they may be transferred off the
property by natural causes or forces.
LAND USE REGULATIONS 4-76 EAGLE COUNTY,COLORADO
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ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-5 COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS
SECTION 4-560. WATER QUALITY STANDARDS
No water pollutant shall be discharged by manufacturing or other processing, unless otherwise
permitted by the Colorado Water Quality Control Division. In a case in which potential hazards
exist, it shall be necessary to install safeguards and mitigation acceptable to the County
Environmental Health Manager and in compliance with the laws of the State of Colorado and the
Environmental Protection Agency before operation of the facility may begin. All required site tests,
including but not limited to percolation tests,groundwater resource tests and drainage and discharge
analysis, as may be required, shall be accomplished before operation of the facilities may begin.
•
LAND USE REGULATIONS 4-77 EAGLE COUNTY,COLORADO
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ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
DIVISION 4-6. IMPROVEMENTS STANDARDS
SECTION 4-600. PURPOSE
This Division sets forth the minimum design criteria and standards for infrastructure development in
unincorporated Eagle County. The criteria and standards are intended to protect and promote the public
health, safety and welfare of the residents and visitors of Eagle County.
SECTION 4-610. APPLICABILITY
A. General Improvements and their appurtenances within unincorporated Eagle County shall be
planned and designed in compliance with this Division. These standards shall apply to all
development that occurs within unincorporated Eagle County.
1. Minimum Requirements.The designer should be aware that whenever unusual or complex
circumstances are anticipated in conjunction with a proposed development, additional
information or analysis beyond the minimums set forth herein may be required by the
County Engineer.
of formance however, they are not in€lexible I€ an altern a desig oced�o;
fefleerts--een+munitY-valties-equal-te-er-4etter-than-that-establisheil-by-these-standar-elsr said
amended for-approval bytheCeun 3gineer evaluating-the
will not be increased.
372. Plans Shall Be Prepared By Professional Engineer. All plans,reports and specifications
for development or redevelopment of improvements addressed within this Division shall
•
be prepared by, or under the direct supervision of,a Professional Engineer, licensed in the
State of Colorado. Final public improvement plans, reports and specifications shall bear
the seal and signature of the Professional Engineer responsible for their preparation.
C. Public Improvements Guarantee. Applicable public improvements shall be guaranteed pursuant
to Section 5-240,Planned Unit Development(PUD)District, Section 5-250, Special Uses, Section
5-280, Subdivision, or Section 5-290,Minor Subdivision.
SECTION 4-620. ROADWAY STANDARDS
A:B. Intent. The intent of these standards is to promote and provide a system of county roads that
LAND USE REGULATIONS 4-78 EAGLE COUNTY,COLORADO
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ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
blend with and fit the mountainous terrain and environment of Eagle County and, outside of the
primary arterial corridors in the County,to protect the country road ambience enjoyed and desired
by residents and visitors alike, and to allow for maximum creativity of the designer in achieving
these goals. These standards provide the designer the means of designing and constructing or
reconstructing improvements and other infrastructure that offers maximum convenience to the user
at minimum cost, both initially at the time of construction and in the future during maintenance,
while also providing for basic safety and functional needs to ensure adequate access to all properties
for fire,police and other vital services, on a system of roads that is experiencing increasing use.
C. Regulations, Standards, and Criteria. The regulations, standards, and criteria for the Roadway
Standards shall be as set forth in the Engineering Criteria Manual,Roadway Standards. (am.12/01/24)
(AASHTO) and those of the Institute of Tr anspor'tation Engineers-(ITE` These sta..d rdsalso
reflect the ,1 1 a d..tio of the Colo .,do r Departm nt of- Tr ortatio
D 1 S /NPS) B f T .1 M t (B M) M 1 TT :for... Traffic !'o tr„1
Devices (MUTCD), and oth If th a ff ence in the standards et f rtl th. Di.
and those referenced in any manual referenced i this D_.___ then th st_nd_ra t f rth i� this
�__� -- 1 1C[ IOi CIS Iit-L72IO
Division-shall-govern,
C * 'th Colorado High Com mission Standards C R S '13 2 11 n st„tes
that the general standa
T rt t' C f tl, tate highways .stet f r tl. n,ling class of
a a t a a by Resol ion No 229-D en dune 2l I991 Th,e t991 St na rd
-990 Raadlt Design �1Manu ,
geometric design standards of AASHTO. Th C.unt oaa „ro. em „t standards that
contained t- t d a t b f th n n SHTn
All guardrail that is to be constructed within Eagle--County-rights-of•` =must
-f - t th t C 1 d D rt nt o f Tr ,stet:,, St.,ndards nd
Specifications for Road and Bridge Design and the Standard Plans M&S
Standards. (orig 3/12/02).
b S.Depa tent s
Stlndard--Steel Backed-G dr-ail-'Typ n a B aesig atea M617 60 „d
t 11 ,1 ds <.1.:..1. e e .,tom .,te ent:tiv
as metro districts.
(orig 3/12/02)
Co,normance--With 1990 Read Design Manual 'I'Il
t ff 1 f tl, th d(3 nnm vehicles per day or less.
LAND USE REGULATIONS 4-79 EAGLE COUNTY,COLORADO
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ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
to have .cl ume er traff, eater tha.. thee th nd (3 nnm 1, 1 A
shall a ..liance , ,;tt, the lnon n....,1,..... n g �an Sections- 00
through 1000, inclusive. The design for such roadways shall also consider such
otl.er pe,-tine.,t identifiedine0 1 .a•
ne es ,;1., lim to l t e to setb ks I ;moo bu ff in,• 1;,. 1 d
.c.,.•.•��...,.,J ....,....... •.., b:.•....c �....,..vc�o .vac > >
shoulders for ease of maintenance, safety and for non motorized use for bicycles
and pedestrians; acceleration/deceleration turn lanes; greater access control to
protect the .,,1..ay's , city;and id b a t 1 t f
Y J �••••b^nYn J>
1E i oc l Doads T ocal roads defned the Inns __D,adw�y esi� n./...---_l as
•
roads primarily for access to a residence, business, or abutting property. Their
design is addressed in Section 1100 of the Design Manual. The County
improvement standards also accommodate lesser design criteria. The alternate
standards f fF tem ,l 1 1 1, th
ax ao xvx oxx sjr�cczx: aixa xv`s'�dv l�r}Z6-reads aF6 }}} 69�3�6�'l}�axx6@ w}tTr-cr:c
minimum criteria presented in AASHTO's 1991 A Polic on Geometric Desi:n
Highways and Streets. The alternate standards are envisioned to cover both
distance as a safety requirement in the construction or reconstruction of roads.
meant to complement and supplement the Highway Functional Classifications used by the U.S.
Department-of-Transportation. Under theft€medal Sur se ;p nation-��i�ct
County the classifications under ISTEA are as follows:
,
Eagle County.
in unincorporated Eagle County.
3. Other Principal Arterials. Highway 82 is the only other principal arterial in
unincorporated Eagle County.
4. Minor Arterials. Highway 24--and-Highway 1-31 ar-e-tthe only-- arterials in
unineerperated-Eagle-Getint„
5. Major Collectors. The major collectors in unincorporated Eagle County are Highway 6,
Brush Creek Road, Cottonwood Pass Read including Gypsum Creek Road connecting to
Highway 6 in Gypsum, Fryingpan Road and Trough Road.
6. 114inor Collectors. The minor collectors iri unincoiofatefl-Eagle Count C 1 ,l
River Road, Cooley Mesa Road, Deep Creek Road, El Jebel Road/Upper Cattle Creek
Road, Gypsum Creek Road, Homestake Road, and Sweetwater Road.
LAND USE REGULATIONS 4-80 EAGLE COUNTY, COLORADO
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7. Local Roads.All other roads in unincorporated Eagle County are classified as local roads.
Urban, due to their functional characteristics as defined by AASI=ITO. The user of these
in Eagle County. The current classification is attached hereto as Appendix C and will be replaced
iurisd'ctio of„ " r rRd La �1 C t. fF d 1 f 11 9/2799)
vehicles per day and more as they pass through urban and suburban areas. The lengths of
as dictated by traffic volumes. Design and posted speeds range from thirty
must be specifically prov'
length connecting res d • t' l areasto commercial—and industrial areas, andte ajer
vehicles per day. They may also traverse considerable distance. Design and posted speeds
range from twenty (20) to forty (1 0) mph, depending upon terrain. Surfaces are treated
gravel or p ,
lve (35) mph, to three
•
(0.5)mile.
Agricultural Residential (AR),
LAND USE REGULATIONS 4-81 EAGLE COUNTY,COLORADO
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n 1 D is t• l r n n a
�=cur a: =ccoxacxx cxscx cvncccvx ItOURO Ra}'ul }'eo}dent}al 6elle6tox roads x3fe
of less than 3;SAA vehicles perday'fh �s s � iti etween
b�.....»..J ....,...,......b....� .,...... ..,:1::..:.� Wit.�....... a.l:.Y:v
Tiesign end posted., ee,ls ., e e er lly te.- ain depen e..t..n relatively to tb.
range of twenty five(25)to thirty five(35)mph.
lot f:-ortages of-greate,-than two h ndred (2nm f t ,l h dl t ff 1 f
ls _than two_l.undreed fifty(54)vehi„les-per day--Paved roads with de-ditches
b .-eall.J.YpYe i,led and street Y n p ro e
arki : hibited Des:gn eds a from
been cHined in the Residential S burb..n T o ,Density (RS \ ,l D ',1 t' l C b. b
an
a:,, a; e t ems: lent; l l t e hib. t a
Extensive berming and planting are generally necessary along these roads to
shall have detached paths and transit f cilities„. ,be. red a part f th t t
system Attaened pathearepermitted_Nvhere terrain mandates-sucl} designs On
st. et rL shall be hib ited Tnte al Suburb a De :dential Road T t l
b urb.a a i ent:al . ads sb.o to a,ls itb. le gtb.s „f le s th b, if(0 5)
mile road whose ents a ed to be .lisoo„tinuous so the ;..teral
reads do }}9t #36tion-as collectors They have design an posted-speecdis between
(75)feet and one hu„dre,7 twenty five(1 25)f et Paved roads witl,eurb and gutter
e down to three hundred (2nm f et
6-. Urban Residential Roads. Urban residential roads are generally associated with
residential m developents ,l a„ those po ftions ..f Planned Unit Development D/ T 4) z
districts having an urban density. (am.3/21/06)
LAND USE REGULATIONS 4-82 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
a theme-thousand (3-,,000) vehicles-p€r- day. They serve to feed a€fic-into the
lanes and vehicle stacking-when exiting the-area. Direet-accesrs unto-sucreads-is
prohibited. Design-and posted speeds vary from twenty (20) to thirty (30) mph.
Bew-„ nb n Y G ewn��t lanti fg with detached sidalk d 1, d is 1 it 1
e
required.
seven hundred fifty (750) vehicles per day. The segments of these roads are
an acceptable-substitu-te). Off street-parking-shall b a a t
parkin shall be prohibi-ted- r t faeilities-are req-u-ired--as-part of th t t
system.
7. Commercial Roads. Commercial roads serve Commercial Limited(CL)and Commercial
General (CG) zoning. Curb and gutter and attached or detached sidewalks are required.
Design � eed . „ld be twenty-f-rve (25) mph Off street parr' tt a
for intersection turn lanes, the special needs of single and multi unit delivery trucks
and general traffic movement efficiencies.
8. Industrial Roads. Industrial roads serve Industrial (I) zoning. Curb and gutter and
of single and multi unit truck operations and provide intersection and driveway sight
dist. es that ' b " f th b t t' it* l s these trucks to enter a roadway.
9. Urban Cul de sacs. (era 0./2l40o) Urban cul de sacs are short,dead end roads intended to
a l(a� mum i ength nr N h f n i t l rr •t i l tt
b i-.5c.zc-i zsi�rc
maximum length of an urban cul de sac shall be 1,000 feet. In larger lot suburban
more 12 units en-eac sip f th t t f a total of twe t y f:v r25, t
residential , nits per-Rvad eealT ire Authori y laving-urisdiction shalilpro vide
LAND USE REGULATIONS 4-83 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
b
hazarEe
system lk-may bI 'l t d b tT. T ocal F ire Autho •t H T di t' tT. t tT,
1000 font length ,.,.them f2c a l i t
b. Road Design Standards. The physical characteristics of any urban cul de sac road
shall be based on applicable provisions of Section 1 620.D., Roadway Standards,
Functional Classification By County, unless otherwise determined appropriate by the
County Engineer.
c. Turnarounds at Road End. All urban cul de sacs shall terminate in a circular, "T"or
n�rr�ccaxxaxvacxa cvixi cx accca xxx�zccox UanE� w}th ��Et}9n�1 620-1� 11 , ��el}xc�e
Turnarounds,
residential or commercial development, applicants are encouraged to provide
aYt'
..l; ablo r o`T., „ts F tr i s f r the d„ elo nt
10. Rural Cul de sacs. (am 03/21/06) Rural cul de sacs are dead end roads longer than 1000 feet
ifl—leagt-li—that—Re-P,,e—r-e-Frideritial—eF-eemmer-c-ial—uses—iii'—areas—where dual or secondary
of rural cul de sacs.
be considered-r>:}ral cul de-sacs, but shall be required—to—conf t c t 4
620.J.9,Access Approaches and Driveways.
curvature.
be based on applicable provisions of Section 1 620.D.,Roadway Standards, Functional
Engineer.
constructed in accordance with Section 1 620.D.11, Vehicle Turnarounds.
LAND USE REGULATIONS 4-84 EAGLE COUNTY, COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
e-. Turnarounds at Road End. All rural cul de sac roads-shall terminate in a circular,
(L « 1,
• . .,
Vehicle Turnarounds.
f. Water Service. Proposals for residential or commercial development accessed by rural
cul de sacs shall provide at least one of the following:
•
Having Jurisdiction; or
(2) Monitored sp ler sus all residential--and-commerc • ildi —as
propriate--b -the Lecal Building--Onxcial and—the-Local-Tire
Authority Having Jurisdiction; or
(3) 4 combination n£it (I) a (2) dete • a •
B ildi Off: al .l t4 7 1 Fi n th it H T -a ction
p �ocaxTii c z xucmTrxcTz
provided herein. The Board of Co nt- Co ay at the a t , t
26O.G., Variance from Improvement Standards or, in the event that a Planned Unit
. . .
Improvements.
1-1,---Vehiele-Turnarounds
a. Preferred Design. Circular offset turnarounds are preferred, as illustrated in
Exhibit S o off-A Do 7 C GEOA ET IC 11 L' IGN OF IGi�ri�.�VS A�D
ubfished-by AAS ITrO. Cu! de-sa also ern • ate in a"T-
or IIT " sh pe t ,1 ill t t .1 tl, b F .1 �_hib t C Q i
12/17/02) (am.3/21/06)
(10) foot radius bulb at the end. These minimum bulb radii presume the cul
In the-event that th 1 d b a a b b t tt- _ f
(5) f et shall bo dd d to the p 1 t t 1 a
c. Snow Storage. Easements or open space areas of appropriate size to provide
ld€�q a-te s stor o, as determined by the Eagle County Engineer
locate -immedi t 1 d' t t a,' 1 t .1
____.__�________»_»._.� » .,.,�.... ,,., .v...v•v �uuxa-a vcxxxcrr.
d. Temporary Cul De Sacs and Turnarounds. Temporary cul de sacs or
they are developed. These temporary cul de sacs or turnarounds must
LAND USE REGULATIONS 4-85 EAGLE COUNTY, COLORADO
Article 4
Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
accommodate WB 12 design vehicles, and must be-c-lea identified-as dead-end
streets through proper signage, in accordance with the MUTC ne-hocal-fie
Authority Hav:„g rur:sdictio„ shall provide a recommendation regarding the use of
D. Traffic Impact Study. Proposed developments that are expected to generate more than four
1. Trip Ceneration Rates. The basis for projected volumes of traffic shall be the trip
generation rates for various land use categories found in the latest edition of TRIP
GENERATION, published by ITE.
2. Background Traffic Data Not Available. If site specific information on background
traffi f t1 t a t it bl 'a st:„ tL tt T r t20)
J > >
Year Factor for the closest segment of State Highway published by CDOT, Division of
Transportation Development, Information Management Branch, shall be used to predict
background traffic to be factored into the traffic analysis. In certain instances it may be
necessary to use a combination of existing zoning and-CDOT's Twenty (20)Year Factor.
3. Preparation of Analysis. The traffic analysis shall be prepared using industry accepted
standards es anti-practic ltshall by rr�rn ea b J D f 1 R t t tt
e
r
projected background traffic volumes, projected development traffic volumes, calculated
by the level . o„t t„a:„ . t. a li t•
E. Design Traffic Volume and Design Penied. Key factors in the classification and design of any
period for forecasting traffic volumes on the roadway.
1. Design Traffic Volume. Design-traffic volume shall be measured as annual average daily
traff c (AADT), except for trafficvolumes in excess of four hundred(l00) AAEIT �h
/D 4V-) as the b., f th d d
F. Level Of Service. Roadways in unincorporated Eagle County shall function at Level of Service"C"
or better. Intersections, both signalized and ttn signalized, in unincorporated Eagle County shall
shall ti a 4 a tt 1 t t dit' ftt I UWIY 'ADAcITV lA"A ILI publ:.,l.e by the
specified in the latest edition of the HIGHWAY CAPACITY MANUAL.
C. Right Of Way Width. Minimum right of way widths for all classifications of roadways in Eagle
County are shown in Table / 620 J., Summary Of Environmental, Geometric And Design
LAND USE REGULATIONS 4-86 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
• • ;
;
as-
;
;
nYYli pcablo 7future ; ents f the adway
widths set forth in Table 4 620 J., Summary Of Environmental, Geometric And Design
and should be structurally independent of development on adjacent property. The additional
dedicated roadway
maintenance easement.
H. Sight Distance.
1. Setbacks. Setbacks for structures, as established in these Land Use Regulations, shall be
me^ red f the outside edge of tl.e r- aewa y
2. Compliance With AASHTO Manual. In the design and construction or reconstruction of
wi the latest ,lit' f A DO CY ON!'COMET IC T F'C'7GN O r IG»WAYS A�D
STREETS Chaster III, published by AASHTO. Roadways that operate at functional
slower vehicles without hazard to themselves or others.
,
design considerations:
a. Sight Distance Restrictions. Where an object off the roadway and within the right
tal curvature shall be determined by the stopping sight
distance.
b. No Sight Distance Restrictions. Where there is no sight distance restriction within
necess ry stopping ht t L ho „t.,l c .be deter...,.. ea- it
the aid of Figure 1 620 #1, Stopping Sight Distance On Horizontal Curves. When
e also provides the
um nterl: ad tl t t• t t1 dit•
c. Sight Distance Restrictions At End of Downgrades. Where sight distance
LAND USE REGULATIONS 4-87 EAGLE COUNTY, COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
restrictions occur at the end of downgrades, an increase shall be made in the
A POLICY ON GEOMETRIC DESIGN-OF-IIIGI ,
Chapter III, Table III 2,published by AASHTO.
d. Sight Distance For Passing. Sight distance adequate for passing should be
encountered frequently, at regular intervals. On roadways with high volumes,
f eguent and long p ections t' 1 O r ad itL t di . t
o
low volumes, the need is not as great, bu
element for efficiency and safety. Passing sight distance for upgrades shall be
greater than the derived minimum.
e. Meeting Sight Distance. Meeting sight distance is the sum of the opposing
stopping � ght ,list t (2) t' th lues listed f r tL d
YY b b \
speeds Meeting c „t.t Gist.nee i d 1 1 d
L Ceometric Standards. All roads within unincorporated Eagle County, whether publicly or
/l 620.J., Summary of Environmental, Geometric and Design Standards.
SEE SEPARATE 11 X 17 TABLE INSERT:
Table 4 620.J. SUMMARY OF ENVIRONMENTAL, GEOMETRIC AND DESIGN
strongly discouraged, due to the potential deception they offer motorists,
particularl ,hen t l• f the larg t th ll d
Y J ru`v'cxiixg-xxvxix ene xax 6cr eo er , �rx [rr�Z�esen-r
e
:1.\Vhere-f easTble smaller difference in-radiis#ould-be-ased; a
more rapid changes in design and speed, the radius of the sharper arc can
be as high as a ratio of 2:1.
(2) Length. Curves that are compounded should not be too short or their effect
,abling chan F om tange„t r flat e t t, ll 1. 1 t
b bge b
b. Reversal of Alignment. Any abrupt reversal in alignment should be avoided.
LAND USE REGULATIONS 4-88 EAGLE COUNTY, COLORADO
Article 4
Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
Such i change makes it c* Ii f lr F 7 ' r 1 'rl • • •
lan It
a
of the vehicle may result.
including ffe ent 1 gth f r b t h t th r (2) f
ef
„perel tion 2= no preferably e alent 1 th t
curves. The distance kvetween reverse--euPses-shonkl-be-the-sum-of-t-lie
tope 't th r t runo..t lengths to r,.
r----------- -.---a--- .turn to normal crown section,there
elevation and poor transverse drainage can be expected. In this case, the
tangent runouts may be eliminated and the superelevation runoffs joined,
thus proyT ,on (1) ♦ r 1 1 t' -
(3) Tangent Separation Lengths. Desirable and acceptable tangent
separation lengths are shown in Table 4 620 J., Summary Of
Environmental, Geometric And Design Standards. A minimum tangent of
fifty (c feet shall be p ,a a h n ho-i--
� t m ntal curves to facilitate
steering and control.
•
drivers do ,-r t
r '' a t '' t1 e-direction and because in
some cases the"broken back"alignment will not be pleasing in appearance. Curves
will typically not be considered to be in a "broken back" arrangement when the
d. Simple and Spiral Curves. Figure 1 620 #2, Simple Curve, Figure 1 620 tt3,
Spiraled Curve, and Figure 1 620 1t1, Relationship, Simple vs Spiral Curve,
illustrate � „1 A � 1 th a t• , c
e. Travel Lane Widening. To compensate for off tracking as a vehicle follows a
(1) Standards.Travel lane widening shall occur on the inside edge of the curve
only,with the inside sho ld r" 1 do t til n_ ft•
fee
provided is shown in Table 4 620 J.l.e., Lane Widening On Curves.
(2) Example. For example,if the required width of shoulder is six(6)-feet,up
LAND USE REGULATIONS 4-89 EAGLE COUNTY, COLORADO
Article 4
Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
this e. le if•fo in)feet o f. ide ea tt t t l i l dtl,
would be seven (7) feet. The gravel shoulder available for "cutting-moo
curve"—becomes less-and-ence»gest €€ic to sta3� aver
t,e ale„gth as the relevati ff
terrain.
f1}--Mi ent Sep tion.When switc asl� oe-uses each
itehback shall have ., tangent atio.. f' t 1 th h (2) t'
.,..............._ ........ ..»... ., .....a,,... .,�Yw......... ... ..... awe .
`he --ini -m stopping g t ,list nce f om the last o next s it..l bac
adjusted for grade in accordance with the latest edition of ASSHTO's A
POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND
STREETS, Chapter III, Table III 2, Ef ect of rade-on--stoppi ht
distance---wet co rditions. Thisr is especia ly r � l T
s es eeper-than venty{2}percentt, and where-v-isaall ., s t hb 1_
will create a major impact.
•
•
LAND USE REGULATIONS 4-90 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
1
-
I
INSIDE LANE WIDENING, IN FEET, FOR TWO-LANE ROADWAYS WITH A TANGENT WIDTH OF:
Degree 24 Feet 22 Feet 20 Feet Degree 18 Feet 16 Feet
of Design Speed, mph Design Speed, mph Design Speed, mph of Des. Spd.Des. Spd.
Curve 35 40 50 60 20 25 30 35 '40 50 60 20 25 30 35 40 50 Curve 20 25 20 1 25
1 0.0 0.0 0.0 0.0 0.5 0.5 0.5 0.5 0.5 0.5 1.0 1.5 1.5 1.5 1.5 1.5 1.5 1 1.5 1.5 3.5 3.5
2 0.0 0.0 0.0_0.5 0.5 0.5 0.5 1.0 1.0-1.0 1,5 1.5 1.5 1.5 2.0 2.0 2.0 2 1.5 1.5 3.5 3.5
3 0.00.00.50.50.51.01.0 1.01.01.51.51.52.0-2.02.02.0�2.5 3 _1.5 1.53.53.5
4 0.5 0.5 1.0 1.0 1,0 1.0 1.0 1.5 1.5 1.5 2.0 2.0 2.0 2.0 2.5 2.5 2.5 _4 1.5 2.0 3.5 4.0
5 0.5 0.5 1.0 1.0 1.0 1.0 1.5 1.5 1.5 2.0 2.0 2.0 2.0 2.5 2.5 2.5 3.0 5 1.5 2.0 3.5 4.0
-
6 0.5 1.0 1.0 1.0 1.5 1.5 1.5 2.0 2.0 2.0 2.5 2.5 2.5 3.0 3.0 6 2.0 2.0 4.0 4.0
7 1.0 1.0 1.5 1.5 1.5 2.0 2.0 2.5 2.5 2.5 2.5 3.0 3.0 3.5 7 2.0 2.0 4.0 4.0
8 1.0 1.0 1.5 1.5, 2.0 2.0 2.0_ 2.52.5;3.03.03.0 8 2.02.04.04.0
9 1.0 1.5 1.5 2.0 2.0 2.0 2.5 2.5 3.0 3.0 3.0 3.5 9 2.0 2.0 4.0 4.0
10 1.5 1.5 1.5, 2.0 2.0 2.5 2.5 2.5 3.0 3.0 3.5 3.5 10 2.0 2.5 4.0 4.5
11 1.5 1.5 2.0 2.0 2.0 2.5 2.5 3.0 3.0 3.0 3.5 3.5 11 2.0 2.5 4.0 4.5
12 1.5 2.0�2.02.5 2.5 3.0 3.03.0�3.53.54.0 12 2.02.54.04.5
13 2.0 2.0 2.5 2.5 3.0 3.0 3.0 3.5 3.5 4.0 4.0 13 2.5 2.5 4.5 4.5
14 2.0 2.0 2.5 2.5 3.0 3.0 3.0 3.5 3.5 4.0 4.0 14 2.5 2.5 4.5 4,5
15-16 2.5 2.5 3.0 . 3.5 3.5 4.0 15. 2.5 2.5 4.5 4.5
17-18 2.53.03.0 3.54.04.0 16-202.53.04.55.0
19-20 3.0 3.0 3.5 4.0 4.0 4.5 21-23 3.0 3.0 5.0 5.0
21-2 3 3.0 3.5 4.0 4.0 4.5 4.5 2 4-2 9 3.0 3.5 5.0 5.5
24-27 3.5 4.0 _ 4.5 5.0` _ 30-39 3.5 3.5 5.5 5.5
28-32 _ 4.0 4.5 5.0 5.5 40-50 4.0 6.0
33-36 4.5 ` s5.5
37-41 5.0 6.0 -
42-46 5.5 6.5_
47-50 6.0 7.0
51-55 6.5 _ _ 7.5 -
56-60. 7.0 8.0 I_
NOTES: For values less than 2.0 feet lane widening is not necessary.
Where semitroilers are significant, increase tabular values of
widening by 0.5 for curves of 10'to 16; and by 1.0 for curves
1Yand sharper.
EAGLE COUNTY
ENGINEERING DEPARTMENT LANE WIDENING TABLE
ON CURVES 4-620 J.1.e
DRAWN REVISED SHEET 1 or 1
(2) Direct Lot Access. Direct lot access is not permitted on the tangent
LAND USE REGULATIONS 4-91 EAGLE COUNTY, COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
intersecting streets-and driveways-€om both-switc ks as shown in
Table 4 620 J., Summary Of Environmental, Geometric And Design
Sta
(3) Lane Widening. Lane widening for switchback 'curves shall reflect
AASHTO Design and Traffic Condition III C. The minimum allowable
center e radius €o switchback curiies is shown in Tablle 4r 62� .,
(4m f t radius is b sea e,. the r ndations of the r,r d
el
Rc uIations For—Protceti eople and-Hzomes—Frem ildfire in
„lgated b„the Colorad St + F t
Service. A review of multiple unit vehicle turning radii and pavement
width-eesupatieu-shews-that-an-eighty-(40)-feet-radius-is-the-mittimum
radius a 1, e ,eh cle ake n,l yet note a than it 1
ever. with travel lane widening a the: side of eur„es
g. Street Pattern. The street pattern in the proposed development shall generally
areas oposed streets-er roadways thin-three (3)files of any i ted
munieipality-shall-senfefm4e-the-street-system-and-standards-er-effieial-stfeet-plan
of said; rated m palit.,
(1) Continuity-of Alignment. Who a „te t„ the de tl,e str eta
shall be continuous a,,,1 alignr ent with the e isting platted streets „ ith
whichthe„a etee eet
61)--Elitead-te-Boundary-bines:—Prepesed-stfeets-shall-be-extended-te-the
bound ry lin of adjacent 1.,n if the s plicable adopted !''o nt. M t
Pla :r.dic tes the adjacent land, it he s ,:table f r,leyel,.r.,�,ent , ales th
xtension: nted h..topography e other physieal a nditiens
h. Dual Access. With the exception of properties proposed to be served from the
public roadway system by driveways or by urban cul de sacs, two (2) points of
.ressiegress t„the public roadw=r s„ste T toll he pr,.yi ea s ch that i the t
d , ithi the subdiy sion be,.,.,,.es sable ell r pert:es will s «tin a to
ha„e e s toe ublic r adway s .stem Both r nts f access should he d
available for daily use. In the event that this is not possible, and at a minimum,
there shall b.e p .ided ., a ndary a nt of: s/egress a ed
response vehicles commonly operated by the Local Fire Authority Having
Jurisdiction for all ne-w development er redevelopment Secondary emergency
„ts st he kept f e of obstr, ctio „sl st be r.ts e,l is
year round use De ndin „ the length f the ,i the wildfire haz r.i t'
the,,,,.,,.ber of,,nits p e.l the topografhy and the r ndatien f the T eeal
1~;re ;.... ;..tio ;ssione t
their d scretio nt s e f em this red nt stand rd i_.._
03/21/06)
LAND USE REGULATIONS 4-92 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID.A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
•
•
•
•
a. Terrain Classification. Terrain in Eagle County can be characterized within one
(1) of'the follo thr a (3) at .
� i �'Scixx cc-��-vcr�c6vxzcs
•
•
distances, as governed by both horizontal and vertical restrictions, arc
expo Tt, go at„ at sl, 1, el t -l- -tt --eight
(8)percent.
(2) tilling Terrai n 11• t tt,.,t ,a•t
a b
terrain-are-between-eight(8)percent and fifteen(15)percent.
leaa
harbo th 1 ti th t t ti
roadway are abrupt and where benching and side hill excavation are
e h t 1 ,t .-t• 1 li
t > n eY,.tabl - -
The-average natural t tt
b Y t t t
fifteen(15)percent.
•
combination of these terrain types,-Terrain-that-h-aswaraeteristies
in design spat l betwe 1 + f icy t t a
seven hundred fifty -(750) feet apart. Ten (14) m"h nts n
considered fir approy i th t" t > tL t• t�
rr >
prepared b7 th p_�� zee •
•
County is illustrated in Table 4 620 J, Summary Of Environmental.,Geometric And
Design Standards.
•
r aired. Steeper gr A • F (1) L t d • at t as a
t• der winter snow and ice conditions.
LAND USE REGULATIONS 4-93 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
six (6)percent ismore appropriate-forsuvufb>an and urban-areas, where
the f eguency of stoppingar l starti,,,. ; ,l
grader are required for ntersections „,l dr; h a
switchback curves (see sub sections 1 620 J.'I., Intersections, 'I 620 J.9.,
Access Approaches and Driveways, and 1 620 J.1.f, Switchbacks).
('I) Low Volume Roadways. On low volume roadways (AADT of four
hundred ['100] vehicles or less) grades may be increased to one hundred
fifty (150) percent of the stated desirable values in Table 4 620 J.,
Summary Of Environmental, Geometric And Design Standards, for a
tangent distance not to exceed five hundred (500) feet on southern facing
slopes-only, subjeet to the-approval of the-Counter Engineer. T4iere sh lam
nn access the n the e nt. ,ith the ; d d
c. Vertical Curves. Vertical curves shall conform to the criteria set forth in the
latest edition of A DO1 1CV OA7 GCOAAET I E IGAI OG I IGLrAl 1 VSA r D •
STREETS, Ch ptcr III,published by AASHTO.
(1) Grade Breaks. The use of grade breaks, in lieu of vertical curves, is not
encouraged. However, if a grade break is necessary and the algebraic
diffferenee: rade,l es note eed four to the(0 ill p t h t d
„tter e,l the .«.,.le break ,;11 be p :tte,l r t • t t•
where algebraic differences rade e e ght tenths (0 8) . ..t . ,:11 be
..,,v.v u.bvv�uav ,
of f itted t„ facilitate the of the side street to meet the through
street.
curves are not required when the algebraic difference in grade is one (1)
percent or less.
(3) Sag-Vertical Curves The minimum-gr thin--a-sag(su)Teftical
curve-is-ef}e hal€(-0.5)-percent—This =ill--require-mauu,realeulations-and
label;.,. t the low„ „t of'the s ertica ,
b
d. Cross Slope.
(1) Roadways Shall Be Level. Except at intersections, or whole
superelevation is required, roadways shall be level, as measured
endicularly f'r..r,� top of f n shed edge of pavement t t f fi b .l
is requir€d and shall have-a two (2) person* easrred-fr-em
centerline to finished edge of pavement, or lip of gutter when curb and
gutter; re,l r lip of median, ,rb to lip of outsi a ,rb , ,l
with raised center islands. Parabolic or curved crowns are not allowed.
LAND USE REGULATIONS 4-94 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
(2) Warped intersections, Maximµm pavement cross slope allowed is four
(CI)percent at warped intersections,as measured . T e shall the
pavement cross slope at €' ti^ eed tho rade of the
through street. The rate of change in pavement cross slope,when warping
sid t t t ' r t' h 11 t o ed o e(1) nt o
F (25)f t . t ll y low ol„me r side tial r ads and street
I 1
(1) percent every thirty seven and one half (37.5) feet horizontally on
suburban d b d t' 1 t t (11 t fl# nd
one half(56.5)feet horizontally on collector roads and streets.
. n n SHTO' nO> GY Ong G O ETAIC
the recommendations of the latest editi o=• ono=��==��
DESIGN OF HIGHWAYS AND STREETS, Chapter III. The following procedure is an
outline for the correct application of superelevation. Further information on this method is
available-i n TO's A DO ICY OA7 G OMET I ESIG]V OF r IG WAYS A D
STREETS Chaster III, 1994. Super Diagrams and Plot Exaggerated Profiles are not
mandatory,but may be required by the County Engineer to evaluate proposed roadways.
Li t 1 C t li D mil' it o f !'',.ryature and f enterline Design
Grade. Establish horizontal centerline d' ^f c ,,ture and centerline
de-s-i-qn-gcadeGenter-line-desi-en-efade-slial-1-be—the—aet-ual--eenterliae-ef-r-eadways
b b
l' o f mad; ,tto
(w
1 1 h 11 b 1 1 tl d'a e e pt at t„rn la„esl oadways with
eent li d th t d d' r tation about the
curb on roadways with raised medians.
b. Rate and Length of Superelevation Runoff. Table 4 620 J., Summary Of
Environmental, Geometric And Design Standards, shall be used to determine the
rate of superelevation and length of superelevation runoffreguired f r-the degree of
curvature. Superelevation runoff is that length of roadway needed to accomplish
tl > 1 � ecti ;th the .,d, ed (flat) t^
D
the fully superelevated section,or vice versa.
c. Super Diagram. Use the information obtained from Table 4 620 J., Summary Of
Environmental, Geometric And Design Standards, to construct a "super diagram".
The "super diagram" is a design aid used t + bl >, tt, l gtl, ^c tango t r rout
required, and pavement cross slopes generated through the transition from the
l cross se on to €ull superele� en, er vice-versa I terva s .,t ...1.ic
read-at even t�Vel3t�fiVe�vrn�c�TStacivix� axvu�vcnccrxir:�-� , ,
7+28.79, 7+53.79). Tangent runout is that length of roadway needed to accomplish
witl, th d ed (flat)
Note: The superelevation runoff is located about the horizontal P.C. or P.T. of the
LAND USE REGULATIONS 4-95 EAGLE COUNTY, COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
curve at a two thirds/one third(2/3:1/3)ratio, with approximately two thirds(2/3)
of the total length r red for the s releyated r ff being achiev d t the
.,. ..... .v..... ,v..b....�.:1�:...... .�.. ...... .,�:t.�,.........vu iu..via vvaaab uviiivvvv�-cvr-cv--cicc
P.C. or after the P.T. of the curve. The point at which the superelevation runoff
begins or ends should be at the nearest five(5) foot station.
d. Plot Exaggerated Profile. Plot an exaggerated profile of the centerline or median
tep-of curb using the de-originally established. Next plot bot" ofar�--the-euter--teps
of curb or flowlines or lips of gutter, setting elevations radial to centerline by using
the pavement cross slopes derived from the super diagram. Smooth the resultant
grade of the outer tops of curb by the use of spline or french curves, if necessary.
Read new elevations on these adjusted grades. Scale for this exaggerated-profile
shall be , e (1) : eh o als two ty f:ve (25) f of or larger h rizont ll.,and (1)
inch equals one(1)foot vertically.
c. Transfer to Normal Scale. Transfer all of the information on the exaggerated
profile to the profile of the construction plan at normal scale.
f. Add Labels and Submit. Label, at each transition point in the plan view of the
construction plan, the name, station, elevation, and rate of superelevation. Also,
label each point by station and elevation where the pavement cross slope is one(1)
percent, either direction, for the purpose of locating inlets to intercept cross
pavement drainage flows if curb and gutter are required. Submit the super
diagram(s)---and—exaggerated—profiles for concurrent review with the public
improvement plans.
1. Intersections. The following standards shall apply at intersections:
a. Through Street Takes Precedence. The grade of the "through" street shall take
precedence at all intersections. At intersections of roadways with the same
classiion doter.,-.fined
shall have this-precedence. Warp side streets to matelq-threugh streets-v th as an
effective and short transition as possible.
b. Design Factors. Factors that shall determine the elevation of the point of curb or
edge-ef-pavement-r-etttm-en-the-side-street-and-the-ameunt-ef-waT-needed-en-a-side
street transitioning to a through street are:
(1) Permissible Crade. Permissible grade in the stop/start lane, as described
in sub section 11 620 J.S., Intersection Grade.
(2) Pavement Cross Slue. Pa„emert sl pe at the n i t fr b v t
er Beginning/End of Curve er} the side street-anr rperrmissible -arp in
pavement cross slope, as described in section 1 620 J.2.d., Cross Slope.
(3) Vertical Curve Criteria.
('l) Curb--Runs—Verti al--Eentrols within the curb return itself, as
LAND USE REGULATIONS 4-96 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
described in sub section'1 620 J.6., Curb Returns.
c. Elevation. The elevation at the P.C.R. of the curb return or B.C. on the through
} r 1- 11 b t 1, th d f th th 1, street � nction with al
J O �+
navemen} 1 (two f 2l p e„t) er th } f 1 }
d. Crown of the Sidc Street. Carrying the crown of the side street into the through
street is not permitted.
e. Dipping the Flowline. Dipping the flowline to the extent that the lip of gutter is
dipped is not permitted,except as required for a CDOT T u C„rb T.det c} „d rd
M 601 12. Tipping an inlet for the benefit of drainage ' also net permitted.
.
•
detailed review of the entire intersection'sA ' bilit ll t,e required. R .. - jor
having one or more sides warped. See sub section 4 620 J.2.d., Cross Sl pe, for
infermatien-eeneeming-warping-ef-payement-at-interseetiens,
g. Curb and Cutter. When curb and gutter is required, separate flowline profiles,
and pavement cross slopes in the plan view may also be required-by the County
ngineef C r 1 }' t } ct
on a fifteen (15) foot grid. This information shall be shown on separate plan and
profile sheets at a scale of one(1)inch equal } (2m f t horizontally and
�-nzcn vcjucsrrc�rv-�1Trvvw o.......--�.
•
through street,including any necessary speed ch
1- 11 b l 1, a ffty (50) f of vertical � The,,, ra a „}
•
r J
maximum permissible grade will be two (2)percent for} A A (2nm f et either side
of the intersection on both sides of the roadway.
Rural Access Residential Collector Commercial and
Industrial
Dfiveway 20' 30' 44 50'
Rural Access 30' 40 40' 1414
LAND USE REGULATIONS 4-97 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
Residential 44 50' 401
Collector 44 60 84
Commercial anc N/A 84y go! 4-00=
Industrial
6. Curb Returns. When curb and gutter is required, minimum fall around curb returns when
turning water shall be six tenths (0.6) of a foot for a thirty(30)foot return radius and one
(1) foot for a fifty(50)return radius. For other curb return radii, a grade of one and twenty
seven hundredths (1.27) percent shall be used within the return to establish minimum fall
when turning water.
7. Curb Return Profiles. When curb and gutter is called for in Table 1 620 J., Summary Of
Environmental, Geometric And Design Standards, curb return profiles shall be required at
rb et the bl; ithi tl o e de of * t 1.
in accordance with the following design procedure. These profiles are to be used for
construction staking of the curb return. The following information is provided on curb
return profiles:
a. Elevation. Determine the elevation at each P.C.R. of the curb return according to
sub section 1 620 J.1., Intersections.
b. A rc i o gth Calculate the a length of the return at its flowline
c. Flowline-Grade "Y" `gib l,Sho r�the ndi +iowline (e "Y
t� of curb a f th
roadway beyond the return at each P.C.R.
d. Extend Grades Until They Intersect Within the Return. The above
return gure-11-620 #6 urb l�eturn�lidge a€Pavement a Ate`—The gr� es
may intersect near or outside either P.0 so g-as t vertical di€€e �
r.des does not o as two tenths (0o) of., foot .,t either n � n (1~igu n 6on#7
s �
Curb Return/Edge of Pavement Profile "B"). In this case, a line is drawn inside
the return and two (2) percent vertical curves are used at the intersections. It may
be-neeessafy-te-Fevisotbogfade-of-the4nterseeting-side-str-eet-te-ebtain-an-aeeeptable
eurb-return-preile-(Figure1l 620#8 =urb Return dge of Pav ent Pr �E
however, the "through" street is never warped to facilitate this. See sub section 1
620 J.1., Intersections.
e. Vertical Curves and Elevations. Vertical curves within the return may be drawn
in with fr nxch or railroad-eurves. Elevations--of at-least-two points-between each
D C D .,t � of too e fifteen (15) foot sh ll then be shown ;„ the n ofile
These points shall be evenly spaced between the P.C.R.'s so as to divide the arc
length of the curb return at flowline into equal segments. The elevation and location
of the high or low point within the return, if applicable,is to be called out
LAND USE REGULATIONS 4-98 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
in the profile and on the plan view.
f. Scale. Scale for the curb return profile shall be one (1) inch equals ten (10) feet
horizontally and one (1)inch equals one(1) foot vertically.
D d f CDOT T hl St g Sight Distance e., Horizontal Cur.
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LAND USE REGULATIONS 4-99 EAGLE COUNTY, COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
PJ.
P.C. 41111111• p7i
si*r 90' 9CF 490,T6
\9 /
\ /
\ /
\ /
\ /
V
RANTS ROIN7
SINK( CUM ; FORMULAS
P,L - POINT OF 1NTERSECi10N
P.C. - PdM OF CURVATURE p.
P.T. - POINT OF LUCENCY
R - RAOMA OF SIMPLE CURVE T - R•TAN+
C - EXTERNAL DISTANCE FROM PJ.70 SIMPLE CURVE
- POLRSLCIION ANGLE (TOTAL CCNTRAL AM3U) L . 100'4
0- DECREE or p'*T ciuRE
L - LENG1H 0<CLRVE(P.C.10 PI) Lc - 7'R'SN
LC - LONG CHORD(DISTANCE DETrUN P.C. & P.7.)
V - MWCLE ORONA1E
I - TANGENT 0IS1ANCE (p1. 70 P.C. OR P.T.) M - R(I-COS.)
I - R•EXSEC = R, -R
EAGLE COUNTY FIGURE
ENGINEERING DEPARTMENT SIMPLE CURVE
4—fi20 #2
ORANN I RE�TSED SHEET 1or 1�
-75
LAND USE REGULATIONS 4-100 EAGLE COUNTY, COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
I . ........,
A
•c 6' Lc kW OW
OW SPIRAL •
{c 51Aiii ..—a/1�.. y
Sc C.S. t 1
tit �"' Lc
L ' \R C p /
e t+ S 1.
• t f SPRAI
Sseem \ fb
1 \ /1 J
\ t /
\ /
\ J
\ /
\ /
\ /
\ /
\\er a• IN,/
t
\ /
SPsM410 CI.P4. \ / rORIanAS
cum% rum
L Sm
S. - 10K1AR 10 ut / s
iC. - SPrWI. 10 CUM ` G / is . 1.6•IR 1r.et9or lotto)
C.S. - Cllowt 10 Sea*i \ /
i1. - SPARK 10 TWGLM \ / it, - `0 'VA
La - l(M TIC Of SPIRAL fk
%e,Yc - COOQt$airs or S.C.PROW IC TS R.CK15 poM is • (R(40110rI44r
Y Y - COORONAIES 01 M'01H(11 POW ON `��
SPIRAL iROY lNf I.S. CR S . Er . (RC•P)1AM4 iu4 •p
Mc - KALIVs or C+QCUI+R ryevE Nom i t smutO Cunt) A-
Nes
(c - (f1jRN►1 OISUWCE PROW P.1 10 CIRCULAR C1rM 'Mont
p - ort C1 OISI.IACL CO CIRCULAR CURVE PROOVCCO Lr • _.qlw
be - tEN1PA1 HOW Or CtRC.ut.R ARC we
As - CfrOrou. aiiatr a SPIRIL (SRIRat 4A CU) fh - 7y�
K - COORd+r:E a cow PC. a PJ• W
Oc - OCGRL( Or CIRCUW' ARC
LT - LCAIC 1AIIG(wf (OsSIARC( O 9•IWiL ON41) roR Ki R(1VQt'I a k S• rtryt 91 I1EIRELN 5' k IS-
sr - Ss•0*•r IaaGWr (CeSEwct or •L 04,1
f,..-• a La•SAIi/30s It-- r . 4y
I
IC.F • tr-7173 Zr-X • r . WSW%
p . I/4.7 p • ls•9wrl/1201
P}
K • I/7.1 Id • 1/21s-4
EAGLE COUNTY FIGURE
ENGINEERING DEPARTMENT SPIRALED CURVE
4-620 ii3
pRatsM REVISED SKEET 1 Or 1,....)
LAND USE REGULATIONS 4-101 EAGLE COUNTY, COLORADO
Article 4
Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
r ----N
P.I
P.C. 5.G .S. P.T.
,A SMPLE CURVE
T . P \\\ ARK CIRCULAR CURVE SPIRAL //P.T S.T.
E� P.C. \\� R Ac ///(Sa� 71M
1 (SHIFT) \\\ 0 = Dc /// • Cf''t1
\\ I
//
\� //
• Ct //
\\P R•//
\\, tt //
\\
//
\\ A //
\ /
\\ A //
//
I/
\\ //
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\ (SIMPLE CURVE)
RADUS POW(SPIRALED CUURVE) PE
RELATIONSI*P - SwPLE VS SPIRALED CURVE
R - RADIUS OF SICK E CtJRVE T.S. - TANGENT TO SPIRAL
pc - RADRJS OF CIRCULAR CURVE (WITHIN THE SPRKED CURVE) S.C. - SPIRAL TO CURVE
D - DECREE OF CURVATURE C.S. - CURVE TO SPIRAL
Dc - DEGREE OF CIRCULAR ARC S T. - SPIRAL TO 'TANGENT
A - INTERSECTION ANGLE (TOTAL CENTRAL * Cu)N P,1. - POINT OF INTERSECTION
6c - INTERSECTON ANGLE OF CIRCIAAR ARC
Ed - CIRCULAR CURVE DIST, MINUS SIMPLE CURVE D1ST. (E-Ec) P.C. - POINT OF CURVATURE
p - OFFSET DISTANCE OF CIRCULAR CURVE PRODUCED P.1. - POINT OF TANGENCY
A - COORDINATE OF OFFSET P.C. OR P.T.
EAGLE COUNTY RELATIONSHIP FIGURE
ENGINEERING DEPARTMENT
\ SIMPLE vs SPIRAL CURVE 4620 #4
ORAwN REVISED SHEET 1 OF)._.)
LAND USE REGULATIONS 4-102 EAGLE COUNTY, COLORADO
Article 4
Docusign Envelope ID:A716D6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
,
El'?:5s2axv:7
=J 4 n
> w i
O YVil5a$s,-a.M
r
E''53:r2LEZDAAR
a t*r `+ 'o NOTE
o E?o'333233132231 3^ SPIRALS SELDOM USED~BONE HEAVY FINE
> Aug0ROADS Rik 0EENNT CODNERIX LL
ro 4$iF s $ g$ MD RUST SI HEMS IRE NOT SUPERELEVATED
VETS
NC-NORM1L CROWN(Si)
r
,,, RC-REVE SED CROWN((210
E3'o',R72 SR ACLSEo.`^_ D -DEGREE OF CURVAIURE
R -RADIUS OF CURVE
- - V -ASSUMED DESIGN SPEED
Lrd-DESIRABLE LENGTH OF SUPERELEVAT1ON RUNOFF,
gi10-o38;22A8 A32835 a A2 2-1ANE
inn-IGMNUN LENGTH OF.`UPERRELEVATION RUNOFF,
q y Q SUCH AS 7M ONLY BE USED IN SPECIAL MOUNTAINOUS AREAS WHERE USE Of Lr CIRCUMSTANCES
m y Y Y Y Y�4; 3�4 4&$§ APPROVAL OF THE
COUNTY ENGINEER 5 BE -REONRE) FOR 1 Lrrm.
►ININUN LENGTHS ARE BASED ON A CENTERLINE ID
- - EDGE RATIO OF 20MPH- 1:133,25MPH - 1:141.5,
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r "I - ON A PAVEMENT LANE%MOTH Cr 11 FEET.
(1 — FR IASIYUU RATE OF SUP FOOTELEVATION 04
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ENGINEERING DEPARTMENT CHART—emax= 0.0600 DETAIL
DRAWN ( REVISED SHEET OF
LAND USE REGULATIONS 4-103 EAGLE COUNTY, COLORADO
Article 4
Docusign Envelope ID:A7lBD6BA-4876-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
la
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LAND USE REGULATIONS 4-104 EAGLE COUNTY, COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
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LAND USE REGULATIONS 4-105 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A715D6BA-4876-49B6-8D28-F9B3586B8ECF
ARTICLE 4..SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
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LAND USE REGULATIONS 4-106 EAGLE COUNTY, COLORADO
Article 4
Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
Note -Separat-e-flowline-er-fflge-ef-paye-ment--prefiles--afe-FeetuifeEl-as-the-basis-fer
.l t h b.b.l l .l horizontal who„ th rt'ca grade ;s loss
b �
than one(1)percent and other departures froma1 roadway cross section, .
b e.,
the pavement cross slope is not two(2)percent, and-for-at-least-twe-hundrecl-(2-04)
feet f 11 t t'
8. Clear Vision Areas. A clear vision area shall be maintained on the corners of all properties
ill roadwa intersections c-lt>ding-read crossings, th t t ectio sig t
distances as specified in Table 4 620 J., S ry Of Environmental, Geometric And
Design Standards, are provided.
a. Prohibited Structures. A clear vision area shall contain no planting,fence,wall,
sign, utility appurtenance, structure or other obstruction, temporary or permanent,
1• tL r (30) h h ht e l rl e t, f tho rh
b J a
tb- h f b+ .1 tt f the fin she ..+ade of the cente.line o f the
street -Tr-ff- t l-d l b .b stalle r.l. ith the
MUTCD,or Colorado Supplement thereto,arc exempt from this provision.
b. Applicant is Responsible. It shall be the applicant's responsibility, through his
engineer, to ensure that the necessary clear--34sisii-afea-is idedin thelyet
and design of the development and is carried t
9 A Approaches and Driveways.
concern, .since roads are rarely being built or upgraded fast enough to
accommodate incr uses in traffic. Theolif ration ofasces„ is afa"rive<.ays
along major local roads and state highways impairs the ability of such roads to
efficiently carry traffic. Effective control of access can enhance the carrying
capacity and safety of most roadways by reducing the opportunity for turning
t h th t d f d I add ti el; at;. „f
J nJ
b. State Design Standards. Pursuant-to-W(4--)(a- aeses-s-appfeashes
Code, 2 CCR 601 1 (the Code). In addition, those parcels directly accessing
highways under the jurisdiction of the Colorado Department of Transportation
shall be required to obtain a State Highway Access Permit pursuant to the above
referenced Code. Eagle County is the Issuing ^ thority f r s h r ,its an
should becontacted-initially-fog- the plicat;on a f.,-ther „f rmat;on
obtaining State Highway Access Permits.
C. Additional County Standards. In addition to the foregoing, public and private
LAND USE REGULATIONS 4-107 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
ehe nd dr. shall be „b; et to the f llo t d d
si
(1)--Aeeess By-Emergency-and Service Vehicle—All dwell gs dot
structures shall be accessible by emergency and service vehicles. A
maximum-gfade-of-eight-(8-)-pereent-and-a-mihimum-senterline-r-adius-ef
f rt., five( 5)feet: nded f r driveways orth f eing slope
On south facing slopes, a maximum grade of ten (10) percent and a
nterline radius of4orty five(45)f et in r nded Curves
should be .;de ed a sl. n both a stances i____r /17,'O2
Unless otherwise approved by the Local Fire Authority Having
Ju isdictio" „blic and private a aches and driveways;
of 150 f et in length shall be p ,ided with adequate a a f r e
mergensy
vehicle t rnaround : close n mity to the r sidenee str et„re s ee
Access a aches and dri„eways of 300 f et i„ length shall
provide-ten area-adequate fore a ,ehiele t„r..arounds ,.lose
proximity to the residence or structure served, and shall also provide
=vehicle t,.rnouts where the driveway; e nded t„be at least 1 4 f et vivid
.................�,..�� ..,........,...,.......�.� _�..mot,:__
at 1 cn font intervals Alternatively, the private a r dr yeway m h
designed to accommodate two way traffic. Turnarounds shall be
constructed in accordance with Section 1 620.D.11,Vehicle Turnarounds.
fa+►1.0-3/247/-96}
(2) DDriveways in Mountainous Terr-ain. Proposed develepme„ts en lots
with m „taino„s terra;., m e the preliminar.. layout and design
of the-individual driveways-at the pre stage a„a the
design of the driveway at the final plan stage to a e that a n be
� e
ided to eh d, ell: its ea by the dr, nli ith
Yam..........w.....+......n.==.:b:...___.,�_.vu vJ =aav urrr'v e
Driveways that require significant cuts and/or fills are discouraged.
Applicants a .ed to relocate development to a ithin th
e
prepesed development where-such cuts and ills areenot reguireeE—Where
signifteant-gfacling-and/er-r-etaihing-walls-er-ether-stnietures-may-be
necessary, the applicant may be required to identify a precise building
elivel-ePe-and-een-stfust-the-dfivewa3-that-will-sen,ce-that-envelePeTet-the
discretion of the Board of Co..nt..Comm;ss;oners sider:ng the advice
f
of-the County Engineer. In extraordinary cases, driveways may be
s:dered public nts and thus collateralized nstr,.cted and e e
„b,ect to the terms and e nditions of the other public nts :
n
the development.
(4) Driveways Shall Diet Serve Mere-than- ree-nits. Dr ys-shall
nt s e than three(3)dwelling,.nits , „lease ci ed otherw se :
these Regulations A n.,r sidenee having a dwelling, nit shall
be counted as one(1)unit.
LAND USE REGULATIONS 4-108 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
(5) Clearance From Intersections. Driveways shall be restricted f r
sufficient distance from any intersection with road approaches to preserve •
normal and safe movement of traffic. Driveways shall provide the
following intersection clearances, exclusive of driveway and intersection
clearance of fifty(50)feet shall be provided for residential driveways and
a minimum intersection clearance of one hundred(100) shall be provided
for commercial driveways. In urban areas, a minimum intersection
clearance of twenty (20) feet shall be provided for residential and
commercial driveways,due to the expectation that dedicated turn lanes for
the driveways will be present. In the event there are no dedicated turn
1 th tl, t t . (20 f of i tersectio cle ra ce „, , be
extended, at the direction of the County Engineer.
(6) , berg=tryways. Geenerally, no= -than one-(1)
entryway shall be allowed for any parcel of property where the frontage is
l tl l A a (100) f t ndditiona1 traces •t
xc.T.raiccrrvcz�xrccnccrccr�rvcrT-rcc�r�acrrrrormrcirrrarrccsorcici cS-Toi--purc ..,
of property having a frontage in excess of one hundred(100)feet shall be
tt 1 L the lica t ,lemenstrates they ed f
perizrrccca-vrrr�wircii�nc-apprrcrsrrc�crrrorr�crcrccscc:c�ui .e.:l'.:,..... �.,.
actual convenience and necessity, and that safety to the traveling public
will not be compromised.
(7) - Not Encroach. All driveways shall be located so that the flared portion
adjacent to the traveled way shall not encroach upon adjoining property.
+i a at et., (9m aegreo f r t nge t distant f
hundred(100)feet from the centerline intersections. At intersections with
major collectors this distance shall be increased to two hundred
(200)feet. Driveways shall intersect the edge of the traveled way at ninety
(90) degrees. This alignment shall be maintained within the public way.
c-vz-�dis`jzinc,vixcv ci:c-cccc•Jacenc-pivpcz�pciix:l��ivio :�,�
angles--of-ElFi.e-ways --relationship-to the right-o€ova -line '
between ninety(90) and sixty(60)degrees.
(9) Maximum Width. Commercial driveways shall not exceed thirty five
(35) feet in width, as m sured at right angles to the centerline of the
driveway, except as increased by return radii at the edge of the traveled
way. Residential driveways shall not exceed twenty four (24) feet in
width, measured in the same manner.
(1 m v d•' p bl d `l h ll b rl b h
t-rv�msc :rcn-rrr�. -rrc-c-cn-rci-vrr-c -r-rc-w�-i ccccc=rrTonmr-vc-`Tso�v'ecixca v`7'-`�'asc'vrc
factors as the width of drive and angular placement. Where the flared edge
of an approach controls the turning radius of a vehicle entering the
property by a right turn from the adjacent outside traffic lane of the
LAND USE REGULATIONS 4-109 EAGLE COUNTY, COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
roadway, the radius of that edge shall not be less than twenty(20)feet for
passenger vehicles and not less than fifty (50) feet where single unit or
larger trucks may be expected to use the entrance and the traffic volume
on the adjacent road exceeds four hundred(100)AADT.
smooth transitions, conforming to normal vertical curve or grade break criteria. When a
vertical curve is used to make this transition, it shall be fully accomplished prior to the
connection with the existing roadway.
a. Existing Crades. Existing grades shall be shown for at least three hundred(300)
feet, with field verified as built showing stations and elevations at fifty (50) foot
intervals in level terrain and twenty five (25) foot intervals in rolling and
builts shall be shown within a three hundred (300) foot radius of the intersection.
This information shall be included in the plan and profile of the proposed roadway.
b. Plan View. Limits and characteristics of the existing improvements shall be shown
in the plan view. Such characteristics include horizontal alignment, off site
intersections, limits of the improvements, and similar factors.
c. Previously Approved Designs. Previously approved designs for the existing
improvement are not an acceptable means of establishing existing grades,however,
they shall be referenced, on the construction plans,where they occur.
as-the-Elesigo-elevations-fboth4lowline-and-top-of-c-ufb-Of-edge-of-pavementl
11. Off Site Design. The design grade,and existing ground at that design grade,of all roadways
that dead end due to project phasing, subdivision boundaries or similar factors shall be
continued,as necessary,in the same plan and profile as the proposed design,for at least three
hundred(300) feet or to the intersection with a major collector roadway. This requirement
shall be waived when there is no possibility of the roadway being extended in the future in
accordance with sub section 1 620 J.1.g., Street Pattern.
a. Applica s sp sible For Transition. Tf the „ff site ,.a..,..., ..djace�t to the
proposed development is not fully improved, the applicant shall be responsible for
the design and const,-,.ction „f„ transition for the saf , e e f t.-affie from
his improved section to the existing roadway.
a Shan a tion r a h ll b tended t„ the
b. �c0ua--vircaxr-���$tended. e�rrr�iivrca seccroir-vri-vccc� axxu-n��eicccxnzca cv-sric
boundary of the proposed development, as outlined in sub section 1 620 J.1.g.,
Street Pattern, with the transition being constructed "beyond" the proposed
development onto the existing road. The following formula shall be applied to the
taper or lane change necessary for this transition:
LAND USE REGULATIONS 4-110 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
L—WS40
where:
T —Length of transition i,, f et
W—Width of offset in feet
S —Speed limit or 85th percentile speed.
(L--Structures. The developer shall be responsible to have all bridges, culverts, retaining walls,
borings, tunnels or other structure ithin the r ee develop..-.ent designed b y ' prof ssil
Engineer, licensed in the State of Colorado, and shall be responsible to have said structures
constructed, reconstructed or repaired through the two year warranty period in the Subdivision
Improvements Agreement as defined in Section 5 280.B.5.e. The engineer shall provide
certification, upon completion of any such structures, that it meets the minimum requirements for
the intended use,traffic loading and soils conditions prior to acceptance of the public improvements
by Eagle County. All such structures shall meet the following minimum standards: (am 03/12/02)
1. Sitrength St +,,res shall be of s„ffcient strength. ro . odate n nSHTO ucon
loading.
way,plus four(4)feet and shall include walkways and handrails.
3. Hydraulic Capacity of Drainage Structures. Drainage structures include, but are not
drains, orifices, gates, chutes, dams, levees, dikes, sills,ponds,basins, bays, drops, weirs,
sluices, flumes, siphons, and energy dissipators. Drainage structures that convey the flow
of named streams, as shown on the United States Geological Survey, 7.5 minute
topographic, 1:24,000 scale, Primary Map Series, and in the list in Appendix E, shall be
designed with a hydraulic capacity to pass the one hundred (100) year flow. Drainage
structures conveying the flow of lesser streams,or other sources of storm water at collector,
commercial,or industrial roads,shall be designed to pass the fifty(50)year flow. Drainage
structures conveying the flow of lesser streams, or other sources of storm water at all other
roads, shall be designed to pass the twenty five(25)year flow. (am. 03/12/02)
4. Bridges and Culverts. Bridges and culverts shall be designed with adequate guardrails
(where required), roadway approach grades and curvature to assure safe sight distance.
5. Roadway Fill. An adequate channel and wingwalls shall be provided to protect approach
roadway fill from scouring and erosion.
K. Street Name And Traffic Control Signs. The names of all streets shall be subject to the approval
names, physical conditions and historic features in the surrounding areas. The developer shall be
required to furnish and install street name signs and all traffic control signs and devices necessary
in accordance with the"Manual of Uniform Traffic Control Devices"and the Colorado Supplement
thereto. A street sign plan shall be submitted with the public improvement
LAND USE REGULATIONS 4-111 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
plans that demonstrates conformance to this standard.
and to perform any work required by the Public Utility Commission in the event any portion of the
development involves a railway crossing.
SECTION 4-630. SIDEWALK AND TRAIL STANDARDS
A. Standards.The sidewalk and trail standards shall be as set forth in the Engineering Criteria Manual,
Sidewalk and Trail Standards. (am.12/01/24)
A. Trails Standards. The following standards shall apply to any trails or paths required by the Board
of County Commissioners through development approval. For standards not specifically listed
here, the design, layout and construction details in the Eagle County Trails Plan, dated September
16, 1993 and as subsequently amended, shall apply.
environmental s:tivity
1. Minimum Width. The minimum recommended width of a trail or path is ten (10) feet
with one to two (1 to 2)feet of clear area, graded for drainage on each side of the trail and
surfaced with aggregate base course. See the Eagle County Trails Plan for additional
standards on width.
2. Minimum Surfacing. Three (3) inches of asphalt over six (6) inches of compacted
and may be required for trails that will be accepted for maintenance by a public agency,
particularly for areas prone to flooding,erosion or unstable soils. Concrete trails shall have
a minimum thickness of four (1) inches of 3,000 point psi concrete over six (6) inches of
proposed development and link with adjacent trails systems will be determined through the
development process.
3. Crades. 1%to 2%maximum grade recommended. Sections over 5%grade and under 500
€eet g e ve-acce-ptable i wider trail width-provided. 'no •h .maximum allo ea
in very short distances of trail.
1. Drainage. Sloping in one direction at an optimum of 2%, or up to 5% on curves, is
preferred over crowning to provide drainage. Hillside trails shall incorporate drainage
swales on the uphill side to intercept downhill drainage. Catch basis and culverts may be
nee€ssa Drainage strctures s eh rates and shall be located f+ fthe trail
determined through the development process, or which maintain, replace or create trail
connections to public land shall-be platted as public easements,unless located and approved
in the public road right of way. Easements shall be to the Cou ty fer use by the publi
6. Public Improvements. Said trails-er paths shall be considered public improvements and
LAND USE REGULATIONS 4-112 EAGLE COUNTY, COLORADO
Article 4
Docusign Envelope ID.A71BD6BA-4873-49BB-8D28-F9B3586B8ECF
ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
shall be collateralized, constructed and subject to terms and conditions of the other public
improvements in the development.
7. Public Lands Access. As part of any development proposal that is adjacent to public
lands, existing trail connections to public lands should be maintained or replaced. Creation
of public lands access is recommended, where appropriate. Paved surfacing is not
recommended for this type of trail,but subject to review through the development process.
8. Private Trails. Trails which arc contained within a subdivision and arc for the exclusive
use of its residents shall be designed in accordance with these criteria, with the exception
that width of path may be reduced if it is determined that with a combination of trails and
attached sidewalks, adequate pedestrian facilities will be provided.
B. Sidewalk Standards
D.
I. Minimum Width. When sidewalks are called for in Table 4 620 J., Summary Of
Environmental,Geometric And Design Standards,the minimum width shall be four(II)feet
for an attached sidewalk and six (6) feet for a detached sidewalk (provided the detached
sidewalk is not a component of the Trails Plan, in which case it would be subject to the
standards of that Plan).
2. Minimum Thickness. All sidewalks shall have a minimum thickness of four(4)inches of
three thousand(3,000)psi concrete over a compacted six(6)inch CDOT Class 6 aggregate
base course(ABC).
shoulder on either side brought up flush with the edge of the sidewalk, and sloped down at
a grade of four(11)percent away from the sidewalk for drainage purposes.
4. Mountable Curb. When mountable curb is called for in Table 4 620 J., Summary Of
Environmental, Geometric And Design Standards, the sidewalk may be a monolithic pour.
5— Curb Ramps. Curb ramps shall be installed as required by the Americans with Disabilities
Act in accordance with CDOT Standard M 608 1.
6. Compliance With CDOT Standard. Curbs, gutters and walks shall be constructed to
Summary Of Environmental, Geometric And Design Standards.
SECTION 4-640. IRRIGATION SYSTEM STANDARDS
A. Applicability and Standards. The irrigation system applicability and standards shall be as set forth in
the Engineering Criteria Manual,Irrigation System Standards. (am. 12/01/24)
A. Surface Water Rights. If there are surface water rights appurtenant to lands proposed to be
developed, utilizing an irrigation system, the applicant shall provide evidence of compliance with
the requirements of applicable Colorado Law.
LAND USE REGULATIONS 4-113 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
B. Irrigation Water. If irrigation water is to be made available in a development, it shall be the
Prim—cv al of tm acdcioPion*. Such .:t.. ... .nts "hal. be considered public
improvements and shall be collateralized, constructed and subject to the terms and conditions of
the othe bl ts ., the de of nt
1. System Standards. The irrigation delivery system shall meet minimum delivery
requirements for the development and shall encompass the control of wastewater, drainage
water, and surface water resulting from irrigation, and shall protect and deliver the water
rights of others using the same water source.
2. Review. The irrigation delivery system shall be reviewed and approved by the County
The irrigation delivery system may also be subject to review and approval by the State
Engineer. (amd. 07 29 14)-
C. Restriction Of Irrigation Methods. Eagle County may restrict the methods of irrigation to be
employed in a development in order to prevent an artificial and detrimental rise of the groundwater
tableder the s„b.7iyi ed land adjacent la ds
crossing the proposed development,unless the applicant can prove conclusively that they have been
plus twenty (20) feet, or as otherwise recommended by the ditch owner and as approved by the
Board of County Commissioners.
the ditch and any attendant structures unless other written agreements arc entered into between the
applicant and ditch owner. Such agreement(s) shall be filed as part of the final approval documents.
Maintenance within the public way shall require the applicant to obtain a"Permit To Construct Within
SECTION 4-650. DRAINAGE STANDARDS
Applicability and Standards. The drainage applicability and standards shall be as set forth in the Engineering
Criteria Manual, Drainage Standards. (am. 12✓0124)
A.
+h a � t c ating t, tho „a (1n nnm� e foot o of; rfa
LAND USE REGULATIONS 4-114 EAGLE COUNTY, COLORADO
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ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
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(3) D ,1 T t u ff; !Al Conveyance of 1nn_.,oar Storm Flo nd
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LAND USE REGULATIONS 4-115 EAGLE COUNTY, COLORADO
Article 4
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ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
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.al.,with the follow;. stan.lor.ls i,..__ gO5)•
eff c ency for ..articles n nne m .a diameter or larger from the two (2) . r twenty four (24\ hour
!e o nstructed. ,etland xtended detention with ., nitial releaso etc \
twenty four(24\ hour design storm in determ;n off rates the entire a .atributing
fa o�tthe e ha .urea
�v a,vrac uaa a a.aa
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subject to tho .al of the Co .aty En (orig 01/04 054
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LAND USE REGULATIONS 4-116 EAGLE COUNTY, COLORADO
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Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
andior-stru-etu-r-al-best-management-praetiees
SECTION 4-660. EXCAVATION AND GRADING STANDARDS (orig 03/12/02)
Applicability and Standards.The excavation and grading applicability and standards shall be as set forth in the
Engineering Criteria Manual, Excavation and Grading Standards(am.12/01/24)-
A.
A. Purpose and Applicability.
public welfare by regulating grading on private property.
2. Applicability. No person shall do any grading without first I}aving obtained a grading
mit o ption f-em .. rading., rmit ro.v, the Eagle! t..E.
p.�.a.�ii�vi uai vnyz"zil�rzvra ca
3_ Excavating and Grading Standards
current edition of the International Building Code Appendix J. Grading. The
current edition will be as specified in Section 3.02 Application of Chapter III of
(am 1/4/05)
b. Amendments. The standards shall also include amendments to the current edition
of the I„ter ationa B„ilding Cole . nt.,ine in Se t:, -3 05 f th B ;ld'
vi �.iv ui�vrciuccciar¢x
Resolution. A d itiona1 st. a^ ds of ted to the design and placement of earthen
landscape ber-1 s ar€ also found in Sectio 4-23p �.'0., C-� lords f cape
Berms,and Section 3 340.C.4,Dimensional Limitations for a Fence,Hedge, Wall
or Berm. (am 01/04/05) (am. 05/16/06}
W ll A t ' „,h;.,.,tion ,-otai • 11
b J > >
four (4) feet in height or greater as measured from the bottom of the footing to
separate-Lau-i-lding permit for constructioi ngineered drawings stamped by a
Professional Engineer licensed in the State of Colorado will be required with the
b o
SECTION 4-665. EROSION CONTROL STANDARDS (am 03/12/02)
Applicability and Standards.The erosion control applicability and standards shall be as set forth in the
Engineering Criteria Manual,Erosion Control Standards. (am.12/01/24)
A.
A Purpose nand licmvmr.T
LAND USE REGULATIONS 4-117 EAGLE COUNTY,COLORADO
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ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
♦• t t a
with et ..ts i,. O5/O1/O71
Permanent Re-vegetation,Any-disturbed-arewthat-is--not-lmilt-upen-for-ane-(4)-year-or-loager-shall-be-
,
stabilization,
"o•Pcr formed.
LAND USE REGULATIONS 4-118 EAGLE COUNTY,COLORADO
Article 4
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ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
stmver-iniets-shall-be-p-roteeted-from-entr),=-4-sediment4aden-water,
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f
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tr-ap-efrteieney-for-ali-sediments-of-.005-mm-Of-lafger-diameterAf-the-
dist-karge-from4he-pead4s-passed-thfeugh-a-filtratien-(ke7-a-eenstrueteti-wetlantWor-tafiltration-
be-req-u-iFed,-Silt-tr-aps-nbe-used-to-detain-and-tr-eat-ntnoff-if-t#e-eontFib+tting-drainage-afea-is-
less-than-five-(53-aeresi-
T-empara-r4jr-Sedtment-P-ends,-Temper-ary-sediment-ponds-th-at-wili-bv-Femeved-after-s-ueeessfulien-
ef-the-site-shall-he-design-ed-te-saely-eletaiwand-release-all-storms-up4o-aftd-ineludingthe-twent
r flood a„d meet a ., dam and diversion r nts of the Stat >;
.".... aa.,.,.. .a,.�a aaawa "`arJ aasraa ,
ration shall be a „lashed r that d of..
.",jaaa aaaa..aao vaaaraa ivc ,
4 b6 �AH� rb!}iti;Jshall Hsu ti-aan erosioirand sediment controll plan prepared by a
quali iedl-professional
in�lud; me itte„t. ater feat., etI d d th h a a
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7 7
,etla„ds. o other. aters r t ff f th 't
LAND USE REGULATIONS 4-119 EAGLE COUNTY, COLORADO
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ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
gFading
completed,-
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LAND USE REGULATIONS 4-120 EAGLE COUNTY, COLORADO
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SECTION 4-670. UTILITY AND LIGHTING STANDARDS
Applicability and Standards. The utility and Lighting applicability and standards shall be as set
forth in the Engineering Criteria Manual, Utility and Lighting Standards. (am.12✓01/24)
1
A, 1J-tilitEusentents,Easentents-acceptable-to-tbe-ntility-provider-sball-be-shown-on-the-plat-
twenty-five-615)-freet-shall-be-provided-iii-the-proposed-developinent-for-acconunedating-
utilitieskall-Ile-fifteeii--(4-5)-f-eet,--T-lie-suggested-forni-and-contents-of-said-easentent-
dedication-is-fonad-in-Appendix-of-tbese-Regulationsi
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electrical „th a
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LAND USE REGULATIONS 4-121 EAGLE COUNTY, COLORADO
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ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-6 IMPROVEMENT STANDARDS
SECTION 4-680. WATER SUPPLY STANDARDS
A. Potable Water Supply. Potable water supply shall be made available to all platted lots and other
developments.
1. Public Water Supply Accessible. Where an approved public water supply is located
within four hundred (400) feet of the proposed development, the developer shall connect
to such system and install water lines and appurtenances to make the water supply available
at the property line of each lot within the development.
2. Public Water Supply Not Accessible. Where an approved water supply is not reasonably
accessible or procurable, the applicant shall, at the discretion of the Board of County
Commissioners, either:
a. Install Central Water System. Install a central water supply system and water
lines to each lot from wells or other approved sources that complies with the
standards of the Colorado Department of Public Health and Environment and
receives the approval of the State Engineer; or
b. Submit Evidence of Adequate Supply. Submit evidence satisfactory to the State
Engineer that an adequate water supply that complies with the standards of the
Colorado Department of Public Health and Environment and Eagle County will be
available to each lot in the proposed development. The water supply may be from
individual wells using groundwater, provided the lots are of adequate size, as
specified herein,and provided the other standards specified herein are met.
3. Calculation of Adequacy of Supply. The adequacy of the water supply for any proposed
system shall be calculated based on the total planned development of the subdivision,using
standard engineering practices,based on per capita water usage derived from peak demand,
storage and fire protection requirements. Fire protection requirements shall be related to
location and character of the development.
a. Individual Supplies. If individual water supplies are to be used, a report
confirming the adequacy of the supply and stating the expected aquifer depths shall
be furnished.
b. Large Developments. For a development containing more than fifteen (15) lots
or water taps or a development on land having varying geology,the report shall be
comprehensive so as to be applicable to all lots in the proposed development.
c. Community Water System. Where a community water system is proposed, the
availability and adequacy of the water sources and associated rights shall be
delineated and certified by a Professional Engineer licensed in the State of
Colorado.
d. Analysis of Water Samples. Representative samples of the water source shall be
LAND USE REGULATIONS 4-122 EAGLE COUNTY,COLORADO
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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
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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
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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
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ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION4-7IMPACTFEESAND LAND DEDICATION STANDARDS
DIVISION 4-7. IMPACT FEES AND LAND DEDICATION STANDARDS
SECTION 4-700. SCHOOL LAND DEDICATION STANDARDS
A. Formulas. Pursuant to Section 3028133(4)(a),C.R.S., 1973,as amended,the subdivider of land in
each residential subdivision or portion of a subdivision intended for residential use shall allocate
and convey sites and land areas for schools, when such are reasonably necessary to serve the
proposed subdivision and the future residents thereof, as determined by Eagle County,based upon
the School District's long range capital plan and evidence of the impact of the subdivision on the
District,by applying the formulas set forth herein. (am o5/15/01)
1. Single-Family Units.
Number of units X 0.0151 =dedication requirement in acres.
2. Duplex and MultiFamily Units,excluding Townhouse Units.
Number of units X 0.0025 =dedication requirement in acres.
3. Townhouse Units, Defined as Multi-Family Units Where Each Unit is Located on a
Separate Platted Lot.
Number of units X 0.0054=dedication requirement in acres.
4. Mobile Home Units.
Number of units X 0.0151 =dedication requirement in acres.
B. Land Shall Be Usable. When land is dedicated for the purpose of providing a school site, it shall
be that which is usable by the respective School District for such purpose, as determined by Eagle
County, and shall be maintained by the School District in a reasonable manner until developed.
Said land shall be held by the County for the School District until required by the School District.
In the event that the School District determines subsequent to dedication that such school site is not
reasonably necessary, the Board may, at the request of the School District, sell such land. (am
05/15/01)
C. Cash-in-Lieu of Land Dedication. When sites and land areas for schools are not reasonably
necessary to serve the proposed subdivision and the future residents thereof, the Board, with
recommendations from the School District and other affected entities, shall require, in lieu of
such conveyance of land, the payment in cash by the subdivider of an amount not to exceed the
current full market value of such sites and land area for schools. The Board of County
Commissioners shall determine the amount of such payment after considering information and
testimony presented at the hearing for the final plat. (am 09/02/03)
1. Appraisal of Land to Be Subdivided. The subdivider shall provide, as part of the
application for the final plat, an appraisal of the land area to be platted, prepared by an
appraiser licensed or certified in Colorado, of the current full market value of the land
LAND USE REGULATIONS 4-126 EAGLE COUNTY,COLORADO
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• area being platted.The appraisal report shall be completed as a Summary Appraisal Report
using the market approach to appraisal, and shall be dated no more than six (6) months
prior to the date of application for the final plat. Full market value shall be based on
anticipated market value after completion of platting. (am 09/02/03)
2. Money Shall Be Held By the Board. When money in lieu of land is required or when
monies have been paid to the Board from the sale of such dedicated sites for schools, it
shall be held by the Board for the acquisition of reasonably necessary sites for the
construction of school facilities. (am 09/02/03)
D. Dedication Requirements Shall Apply Only Once. School land dedication requirements shall
apply only once to the same land area. Dedications shall not be required of re-subdivisions of the
same land when a dedication has previously been made unless a net gain in residential units is
realized as a result of a re-subdivision. In these instances,school land dedication requirements will
be calculated proportionally, based upon the difference between the total number of allowed
residential units prior to and after re-subdivision occurs.(am. 7/29/04)
E. Dedication Shall Occur at Final Plat. The actual dedication or payment shall occur at the Final
Plat stage.
SECTION 4-710. TRANSPORTATION IMPACT FEES (orig.05/15/01)(am. 03/09/23)
A. Short Title,Authority,and Application
1. Title. This Regulation shall be known and may be cited as the "Transportation Impact Fee
Regulation." (orig. 03/09/23)
2. Authority. The Board of County Commissioners has the authority to adopt this Regulation
pursuant to the Colorado Constitution and"29-20-101-107,30-28-106, 30-28-133,C.R.S.and
all other relevant laws of the State of Colorado.
3. Application. This Regulation shall apply to all lands within unincorporated Eagle County and,
pursuant to intergovernmental agreements, all other lands within the county lying within the
boundaries of Participating Municipalities.
B. Intent and Purpose.
1. Intent. This Regulation is intended to implement and be consistent with the Transportation
Plan, Road Capital Improvement Plan (CIP), Transportation Impact Fee Study, ECO Transit
Plan, ECO Trails Plan,and the Eagle County Master Plan. (orig. 03/09/23)
2. Purpose. The purpose of this Regulation is the establishment of a system for the imposition
of transportation impact fees to assure that new development contributes its proportionate share
of the cost of providing, and benefits from the provision of, Road Capital Improvements
identified as needed to be built in the Road CIP. (orig. 03/09/23)
3. Regulations, Standards, and Criteria. The regulations, standards, and criteria for the
LAND USE REGULATIONS 4-127 EAGLE COUNTY,COLORADO
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Transportation Impact Fee shall be as set forth in the Engineering Criteria Manual Chapter 2,
Transportation Impact Fees. (orig. 03/09/23)
SECTION 4-720. EMERGENCY SERVICE IMPACT FEES (orig. 12/13/05)
A. Purpose. The purpose of this Section is to:
1. Provide a rational system for identifying and mitigating growth-related costs associated
with growth and development and the expansion of emergency services and facilities made
necessary by land development activities, a growing population and economic activity
levels.
2. Implement the methodology and analysis for the determination of the impact of new
development on the need for, and cost of, additional Emergency Service Capital
Improvements.
3. Ensure that the Emergency Service Impact Fees established by this Section are based on,
and do not exceed, the cost of providing additional Emergency Service Capital
Improvements necessitated by new development.
4. Regulate the development of land to ensure that new development bears a proportionate
share of the cost of Emergency Service Capital Improvements necessary to provide
adequate emergency services within Eagle County.
5. Assure that the system of Emergency Service Impact Fees implemented in this Section is
linked to an Emergency Service Capital Improvements program designed to provide the
facilities and equipment for which the Emergency Service Impact Fees are imposed.
B. Definitions.The following terms as used in this Section shall have the meanings set forth unless
it is apparent from the context that they have a different meaning.
1. Developer: A Developer as defined in Chapter 2 of these Eagle County Land Use
Regulations.
2. Development: Development as defined in Chapter 2 of these Eagle County Land Use
Regulations
3. Emergency Service Capital Improvement:
a. Includes:
(1) Fire Protection or emergency medical, rescue and ambulance service
planning,preliminary architectural and engineering services, architectural
and engineering design studies, land surveys, land acquisition, site
improvements and off-site improvements associated with new or expanded
facilities used for Fire Protection or emergency medical, rescue and
ambulance service;
LAND USE REGULATIONS 4-128 EAGLE COUNTY,COLORADO
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(2) Construction of buildings and facilities used for Fire Protection or
emergency medical,rescue and ambulance services; and
(3) Purchase of fire suppression or emergency medical,rescue and ambulance
apparatus and equipment, including communications equipment, with an
average useful life of at least five years, necessary to adequately protect
and serve new development and its inhabitants.
b. Excludes periodic or routine maintenance of facilities and equipment,personnel costs
• or operational expenses.
4. Emergency Service-Generating Development: Any development designed or intended
to permit a use of the land that will contain or convert to more dwelling units or floor space
than the most intensive use of the land within the twelve (12) months prior to the
commencement of Emergency Service-Generating Development in a manner that increases
the need for Emergency Service Capital Improvements as identified in the Fiscal Impact
Fee Study.
5. Emergency Service-Generating Development, Commencement of: The issuance of a
building permit or other applicable approval process on a lot or other parcel of land for
which an Emergency Service Impact Fee has not previously been paid.
6. Emergency Service Impact Fee:A fee for Fire Protection or emergency medical,rescue
and ambulance service established pursuant to this Section.
7. Emergency Service Provider: A governmental entity providing public Fire Protection,
emergency medical,rescue or ambulance services or any combination of such services.
8. Fire Protection:The prevention and extinguishment of fire,protection of life and property
from fire, enforcement of municipal, county, district, and state fire prevention codes, and
provision of services authorized by statute or typically provided by a public fire
department.
9. Fiscal Impact Fee Study: A study that mathematically calculates the fiscal impact of
future demand for emergency services of the applicable Emergency Service Provider.
10. Impact Fee Administrator: The Impact Fee Administrator appointed as provided in
Section 4-710 of these Eagle County Land Use Regulations, to administer the Emergency
Service Impact Fee program established by this Section 4-720.
C. Imposition of Emergency Service Impact Fees. Any Developer who has not already dedicated
land to defer anticipated impacts of a proposed Emergency Service-Generating Development shall
upon Commencement of an Emergency Service-Generating Development pay an Emergency
Service Impact Fee in the manner and amount set forth in this Section.
1. Time of Fee Obligation and Payment.
a) After the effective date of this Regulation, upon the Commencement of
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the Emergency Service-Generating Development within unincorporated
areas of the county, an Emergency Service Impact Fee, pursuant to the
terms of this regulation, shall be imposed on each Lot(or other portion)of
the Development. The amount of the Emergency Service Impact Fee shall
be determined and paid to the Impact Fee Administrator at the time of
issuance of a building permit for the Development, or other associated
actions of Eagle County having the effect of permitting the development
of land. The obligation to pay the Emergency Service Impact Fee shall
run with the land, and, therefore, the unpaid obligation to pay fees passes
with title for purposes of these regulations. No building permit will be
issued, or other land use activity requiring Eagle County approval will
commence until all fees due hereunder with respect to the Lot,or parcel of
land which is the subject of the building permit application, or other
applicable approval process have been paid in full. If any credits are due
pursuant to Section 4-72O.H, they shall also be determined at that time.
The fee shall be computed separately for the amount of construction
activity covered by the permit, if the building permit is for less than the
entire Development. If the fee is imposed for an Emergency Service-
Generating Development that increases emergency service impact because
of a change in use,the fee shall be determined by computing the difference
in the fee schedule between the new Emergency Service-Generating
Development and the existing Emergency Service-Generating
Development.
2. Exemptions. The following shall be exempt from the terms of this Regulation. An
exemption must be claimed by the fee payer at the time of application for a building
permit.
a) Alterations, expansion, or replacement of an existing building where no
additional dwelling units are created, the use is not changed, and no
additional need for Emergency Service Capital Improvements will be
produced.
b) The construction of accessory buildings or structures that will not produce
additional need for Emergency Service Capital Improvements over and
above that produced by the principal building or use of the land.
c) The replacement of a destroyed or partially destroyed building or structure
with a new building or structure of the same size and use,provided that no
• additional need for Emergency Service Capital Improvements will be
produced over and above that produced by the original use of the land.
d) The following types of re-plat will not necessitate payment of Emergency
Service Impact Fees
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e) Private recreational facilities within a residential subdivision that are
restricted for the use of residents and will not generate additional need for
Emergency Service Capital Improvements.
3. Waiver by the Board of County Commissioners. The Board of County
Commissioners may waive the applicable Emergency Service Impact Fee on the
development of low or moderate-income housing or affordable employee housing
as defined by Eagle County government in Section 4-710 of these Land Use
Regulations,pursuant to C.R.S. 29-20-104.5(5).
D. Emergency Service Impact Fee Amount.Upon application by an Emergency Service Provider,
supported by a Fiscal Impact Fee Study,the amount of any Emergency Service Impact Fee to be
charged shall be set and revised from time to time by resolution of the Board of County
Commissioners adopted pursuant to Subsection J.,except that the annual adjustment for inflation
provided in Subsection J.1 shall be automatic and shall not require adoption of an implementing
resolution.
E. Alternative Calculation Study. In lieu of charging the Emergency Service Impact Fee
amount adopted pursuant to Subsection D above, a Developer may prepare and submit to
the Impact Fee Administrator a site-specific Fiscal Impact Fee Study for the Emergency
Service-Generating Development. The site-specific Fiscal Impact Fee Study shall be
referred to the Emergency Service Provider serving the Development for comment and
recommendations. The site-specific Fiscal Impact Fee Study shall follow the prescribed
methodologies and formats established by the applicable Emergency Service Provider and
shall show the basis upon which the proposed Emergency Service Impact Fee was
calculated, and shall be based on the same level of service and service standards provided
for in the Fiscal Impact Fee Study underlying the Emergency Service Impact Fee amount
established under Subsection D.
The site-specific Fiscal Impact Fee Study shall be prepared and presented by professionals
qualified in their respective fields. The Impact Fee Administrator shall consider the
documentation submitted by the Developer and recommendation of the Emergency Service
Provider but is not required to accept such documentation or recommendation. If the Impact Fee
Administrator determines that an acceptable site-specific Fiscal Impact Fee Study has not been
presented,the Developer shall pay the Emergency Service Impact Fee based upon the amount set
pursuant to Subsection D above.
Determinations made by the Impact Fee Administrator pursuant to this Section may be appealed
to the Emergency Services Impact Fee Board,consisting of the Board of County Commissioners,
by filing a written request with the Clerk to the Board of County Commissioners within ten(10)
days of the Impact Fee Administrator's determination. Following the submittal of such request,
the Emergency Service Impact Fee Board shall hold a public hearing to determine the amount of
the Emergency Service Impact Fee that shall be paid prior to issuing the requested building
permit.
The decision of the Emergency Service Impact Fee Board is subject to judicial appeal. Pending a
judicial appeal of the decision of the Emergency Service Impact Fee Board, the Developer may
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pay the Emergency Service Impact Fee determined by the Emergency Service Impact Fee Board
and proceed with the Development.
F. Time for Payment of Emergency Service Impact Fee. A Developer requesting approval of an
Emergency Service-Generating Development shall pay the Emergency Service Impact Fee at the
time of issuance of a building permit for the Development,or other associated actions of Eagle
County having the effect of permitting the development of land. The obligation to pay the
Emergency Service Impact Fee shall run with the land, and,therefore,the unpaid obligation to
pay such fees passes with title to the property. No building permit will be issued until all
Emergency Service Impact Fees due hereunder with respect to the lot that is the subject of the
building permit application have been paid in full.
G. Use of Emergency Service Impact Fees.
1. All Emergency Service Impact Fees collected pursuant to this Section shall, within sixty (60)
days following payment to the County, be transferred to the applicable Emergency Service
Provider.
2. All Emergency Service Impact Fees collected pursuant to this Section shall be deposited by the
applicable Emergency Service Provider, in an interest-bearing account that clearly identifies the
category, account, or fund of capital expenditure for which such Emergency Service Impact Fee
was imposed and the Development for which the Emergency Service Impact Fee was imposed.
Any interest or other income earned on moneys deposited in said interest-bearing account shall be
credited to the account.
3. Emergency Service Impact Fees shall be used exclusively for Emergency Service Capital
Improvements.
4. No Emergency Service Impact Fees shall be used for periodic or routine maintenance, personnel
costs,or operational expenses.
5. In the event bonds or similar debt instruments are used to fund Emergency Service Capital
Improvements prior to collecting the necessary Emergency Service Impact Fees, once collected,
Emergency Service Impact Fees may be used to pay debt service on such bonds or similar debt
instruments.
6. In the County's discretion, the County may require the applicable Emergency Service Providers
enter into intergovernmental agreements with the County regarding the method of collection and
administration of the Emergency Service Impact Fee program, allocating or delegating such
functions as the parties deem appropriate. In the event the County collects and administers the
Emergency Service Impact Fee program, the County shall retain a reasonable administrative fee
not to exceed six percent(6%).
H. Credit for Improvements.
1. General Standards.
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a. Any person causing the Commencement of an Emergency Service-Generating
Development may apply for credit against Emergency Service Impact Fees
otherwise due, up to but not exceeding the full obligation for Emergency Service
Impact Fees proposed to be paid pursuant to the provisions of this Regulation, for
any contributions, construction, or dedication of land accepted or received by
Eagle County or the applicable Emergency Service Provider, for purposes of
providing Emergency Service Capital Improvements necessitated by the
Development.
b. Credit shall be in an amount equal to fair market value of the land dedicated for
emergency Service Capital Improvements at the time of dedication,the fair market
value of the construction at the time of its completion, or the value of the
contribution or payment at the time it is made for construction of an Emergency
Service Capital Improvement.
c. The credit shall not exceed the amount of the Emergency Service Impact Fees due
and payable for the Emergency Service-Generating Development.
2. Emergency Service Impact Fee Credits.
a. The determination of any credit shall be undertaken through the submission of an
application for credit agreement, which shall be submitted to the Emergency
Service Impact Fee Committee, which shall consist of the Impact Fee
Administrator and one(1)representative appointed by the applicable Emergency
Service Provider.
b. The application for a credit agreement shall include the following information:
(1) If the proposed application involves a credit for any cash contribution, the
applicant shall provide a certified copy of the Development approval in
which the contribution was agreed;proof of payment,if payment has been
made; or the proposed method of payment, if payment has not been made.
(2) If the proposed application involves credit for the dedication of land, the
applicant shall provide a drawing and legal description of the land; the
appraised fair market value of the land at the date a building permit is
proposed to be issued for the Emergency Service-Generating
Development, prepared by a professional Real Estate Appraiser who is a
member of the Member Appraisal Institute (MAI) or who is a member of
Senior Residential Appraisers(SRA),and if applicable,a certified copy of
the Development permit in which the land was agreed to be dedicated.
(3) If the proposed application involves credit for construction, the applicant
shall provide the proposed plan of the specific construction prepared and
certified by a duly qualified and licensed Colorado engineer or contractor;
the projected costs for the suggested improvement, which
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shall be based on local information for similar improvements, along with
the construction timetable for the completion thereof. Such estimated
costs shall include the cost of construction or reconstruction,the cost of all
labor and materials, the cost of all lands, property, rights, easements and
franchises acquired, financing charges, construction costs of plans and
specifications, surveys, costs of professional services, and all other
expenses necessary or incident to determining the feasibility or
practicability of such construction or reconstruction.
3. Procedure for Review of Credit Applications.
a. Within ten (10) days of receipt of the proposed application for credit agreement,
the Emergency Service Impact Fee Committee shall determine if the application
is complete. If it is determined that the proposed agreement is not complete, the
Emergency Service Impact Fee Committee shall send a written statement to the
applicant outlining the deficiencies. The Emergency Service Impact Fee
Committee shall take no further action on the proposed application for credit
agreement until all deficiencies have been corrected or otherwise settled.
b. Once the Emergency Service Impact Fee Committee determines the proposed
application for credit agreement is complete, it shall be reviewed within thirty
(30)days. The application for credit agreement shall be approved if it complies
with the standards in this subsection 4-720.H.
c. If the application for credit agreement is approved by the Emergency Service
Impact Fee Committee, a credit agreement shall be prepared and signed by the
applicant and Eagle County or the applicable Emergency Service Provider where
the land for which the credit is sought is located.
(1) Agreements for pre-impact fee credits shall state the dollar credit that is
applicable to the Development and the manner in which the credit will be
applied to new building permits within the Development.
(2) Agreements for post-impact fee credits shall specifically outline the
contribution,payment, construction or land dedication,the time by which
it shall be completed, dedicated, or paid, and any extensions thereof, and
the dollar credit that will be available and the manner in which the credit
will be applied to new building permits within the Development.
4. Appeal of Credit Decision. A fee payer affected by the decision of the Emergency Service
Impact Fee Committee regarding credits may appeal such decision to the Emergency
Service Impact Fee Board consisting of the Board of County Commissioners. The appeal
shall be initiated by filing with the Emergency Service Impact Fee Committee,within ten
(10)days of the date of the written decision, a written notice stating and specifying briefly
the grounds of the appeal. The Emergency Service Impact Fee Committee shall place such
appeal on the Emergency Service Impact Fee Board's agenda for the next regularly
scheduled meeting of the Board of County Commissioners.
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The Emergency Service Impact Fee Board, after a hearing, shall affirm or reverse the
decision of the Emergency Service Impact Fee Committee based on the standards of this
Section 4-720.H. If the Emergency Service Impact Fee Board reverses the decision,it shall
direct the Emergency Service Impact Fee Committee to readjust the credit in accordance
with its findings. The decision of the Emergency Service Impact Fee Board shall be final.
Unpaid Emergency Service Impact Fees.The Board of County Commissioners reserves the right
to withhold or revoke any permits,certificates,or other approvals for any land or building for which
the payment of Emergency Service Impact Fees is delinquent.
J. Adjustment and Review of Emergency Service Impact Fees.The amount of the Emergency
Service Impact Fee shall be reviewed and adjusted as follows:
1. The Emergency Service Impact Fee shall be adjusted annually for inflation, effective
January 15 of each year. The adjustment shall be based upon the percentage change in
the United States Bureau of Labor Statistics Consumer Price Index for Denver-Boulder,all
items, all urban consumers, or its successor index, or an equivalent index applicable to
Eagle County. The applicable Emergency Service Provider shall annually notify in writing
the Impact Fee Administrator of the amount of the annual adjustment for inflation.
2. The Board of County Commissioners may, annually, in conjunction with the presentation
of the County's proposed budget, consider any further adjustments to the Emergency
Service Impact Fee, following consultation with the applicable Emergency Service
Provider.
3. No less frequently than every five (5) years, the applicable Emergency Service Provider
shall provide to the Board of County Commissioners an updated Emergency Service Fiscal
Impact Fee Study,and proposal to update the Emergency Service Impact Fee amount.
K. Application. The requirements of this Section shall apply only within the jurisdiction and
boundaries of an Emergency Service Provider for which a resolution setting an Emergency Service
Impact Fee has been adopted pursuant to Subsection D, above. Pursuant to Section 24-68-
102.5, C.R.S., the provisions of this Section shall apply to all land use applications currently
pending at the time this Section becomes effective.
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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
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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
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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.
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2.3 COMPACT DEVELOPMENT:
Residential has a minimum average gross density of 7 units per acre. Non-residential has a minimum floor
area ratio (FAR) of 0.50 for mixed use, 0.70 for non-residential only. 5 points
2.4 REDUCED FOOTPRINT:
The project is located entirely upon previously developed areas of the property. 1 pt.
And/or: Total footprint does not exceed 50%of the property: I point.
2.5 CLUSTERING
The project utilizes efficient infrastructure and reduced site impacts by concentrating development in
compact clusters or nodes of development and creates or maintains open space on the property. (2 points)
2.6 OPEN SPACE:
The project creates or maintains open space through conservation easement that meets the intent of the
Eagle County Open Space Criteria (available on the Eagle County website www.eaglecounty.us). The
abbreviated criteria and associated points are as follows:
a. Scenic Landscapes and Vistas 3 points
Preserve the protect Eagle County's outstanding natural beauty and visual quality.
b. Regional Heritage,Agriculture and Ranching 3 points
Retain Eagle County's history,culture,and agricultural land uses.
c. Wildlife,Wildlife Habitat and Migration Routes 3 points
Set aside areas critical to the long-term health and vitality of indigenous wildlife.
d. Sensitive Lands and Environments 3 points
Protect and enhance riparian areas, flood plains, and other sensitive, unique, or endangered
ecosystems or environments.
e. Physical and Visual Buffers 3 points
Promote community separation and distinction,and provide separation between developed areas
and sensitive lands.
f. Access to Streams,Rivers,Public Lands, and Recreation Opportunities
Provide access to public and/or private lands, and improve opportunities for high quality
dispersed recreation. 3 points
Open Space Potential points: 3 to 18 points
2.7 REDUCED PARKING FOOTPRINT:
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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:
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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:
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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
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topographic or other limitations prevent connection,those are not included in calculation. 1 point
3.3 TRANSIT FACILITIES:
Provide transit stops designed pursuant to Eco-Transit or RFTA design specifications for covered,partially
enclosed,lighted facilities with bicycle racks,maps and route signage information.2 points Covered bicycle
storage: 1 additional point.
3.4 WALKABLE VICINITY ACCESS:
Outside services and stores are within walkable distance to the project location. Use www.walkscore to
establish the vicinity walkability of the project. A score of:
10-25 gets 1 point
26-50 gets 2 points
51-75 gets 3 points
76-100 gets 4 points
3.5 BICYCLE NETWORK:
The project provides accessibility and connection to bicycle paths and routes connecting it to a town of
community center,Eco-Trails Core Valley Trail,or Mid-Valley Trail. 3 points
3.6 ACCESS TO PUBLIC SPACES:
90% dwelling units and/or non-residential spaces are within a 1/4 mile of a public green space that is at
least '/4 acre in size(cannot be a narrow strip of greenspace). 2 points
3.7 ACCESS TO ACTIVE SPACE:
The project allows access to public outdoor recreation areas.
a. 90% of dwelling units are within %z mile of a public active space of at least 1 acre (soccer felds,
ball fields,basketball court,park with active recreational facilities, etc.) 2 points
b. 50% of dwelling units are located within %2 mile of a recreation path or network or that is least 3
miles in length. 1 point
c. 50% of dwelling units are located within 3/4 mile of a dog park area (pickup stations required) I
point.
3.8 LOCAL FOOD PRODUCTION:
a. The project allows for private gardens in sideyards,backyards, and/or balconies. 1 point
b. Neighborhood gardens exist as dedicated areas of 100 square feet per dwelling unit that include
fencing, irrigation,and raised beds. 2 points
LAND USE REGULATIONS 4-144 EAGLE COUNTY,COLORADO
Article 4
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DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX
c. The project is within 3 miles of a farmer's market that has been in place at least 2 years and
includes no less than 3 local agricultural producers. 1 point
SECTION 4-830.4. RESOURCE EFFICIENCY
4.1 LIMITED TURF/EFFICIENT TURF SPECIES:
a. Less than 25%of landscaped areas are irrigated turf grass. 1 point
b. Irrigated turf grass areas use a species that requires on average 25% or less irrigation than
Kentucky blue grass. 1 point
4.2 DIVERSE NATIVE LANDSCAPING:
The project uses over 10 or more species of native low-water plant species as a part of its landscape plan.
2 points
4.3 XERISCAPE:
The landscape plan demonstrates utilization of the seven principles of xeriscape design: 2 points
a. Thoughtful landscape plan for dry/wet zones and plant maturity
b. Select low-water-use plants as identified by CSU or recognized source
c. Minimize or eliminate turf areas
d. Use efficient irrigation(drip systems, EV schedules, etc.)
e. Improve the soil
f. Use mulches
g. Demonstrate appropriate maintenance plan
4.4 SOLAR ORIENTATION:
75% of all buildings in the project have solar orientation. The south-facing façade of the buildings must
be at least 1.5 times the east-west façades. 3 points. At least 50%of the south-facing facade area is capable
of mounting a solar collection device which would generate at least 90%of an ideal aspect as calculated on
www.pvwatt.com.Additional 2 points
4.5 RENEWABLE ENERGY:
Provide on-site renewable energy system(s). 3 points for each 5% of total energy consumption offset by
system(s).
LAND USE REGULATIONS 4-145 EAGLE COUNTY,COLORADO
Article 4
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DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX
4.6 INFRASTRUCTURE RECYCLED CONTENT:
Concrete and/or asphalt is at least 75%recycled content. 1 point
Any mulch is recycled wood waste chip, and/or recycled tire mulch(for play areas). 1 point
4.7 RECYCLING:
The project is designed with recycling containers for co-mingled, newspaper, and cardboard for non-
residential,mixed-use,and multi-family projects(REQUIRED).
4.8 LIGHT POLLUTION:
The project utilizes dark sky fully shielded down-facing lighting for infrastructure. Lighting doesn't create
glare or be unnecessarily overpowered. Buildings shall only have exterior illumination necessary for safety
requirements and minimal signage illumination for commercial uses(REQUIRED).
4.9 INNOVATION IN DESIGN:
Demonstrate other components of the design that meet the intent of the Sustainable Design Index which is
to promote resource efficiency, renewable power, reduced impacts, and social capital/equity. Points
reviewed on a case by case basis.
•
•
LAND USE REGULATIONS 4-146 EAGLE COUNTY,COLORADO
Article 4
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ARTICLE 7
ENFORCEMENT - EAGLE COUNTY
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ARTICLE 7 ENFORCEMENT TABLE OF CONTENTS
ARTICLE 7
ENFORCEMENT
TABLE OF CONTENTS
PAGE
SECTION 7-100. General 7-1
SECTION 7-110. Revocation or Suspension of Special Use Permit,Variance Permit,PUD or
Subdivision 7-2
SECTION 7-120. Abatement of Violations 7-3
SECTION 7-130. Notification to Correct Violation 7-6
SECTION 7-140. Other Remedies 7-7
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•
ARTICLE 7
ENFORCEMENT
SECTION 7-100. GENERAL
A. Authority. The provisions of these Land Use Regulations shall be enforced by the Board of
County Commissioners and the County Attorney through their authority to abate any violations,
and enjoin, restrain, and prosecute any person violating these Land Use Regulations pursuant to
Colorado law.
B. Unlawful to Violate These Land Use Regulations.
1. Development or Use of Building, Structure or Land. It shall be unlawful to develop,
alter or use any building, structure, or land in unincorporated Eagle County in violation of
these Land Use Regulations. Any person violating these Land Use Regulations
commits a civil infractio viction
thcrcof, shall be punished by a fins of not morc than one hundred {$100) dollars, or
Each day during which such illegal action continues shall be deemed a
separate offense. (am. 05/01/07) (am. 12/01/24)
2. Subdivision.
a. General. Any subdivider or agent of a subdivider who transfers or sells land
before a Final Plat for that land has been approved pursuant to the requirements
of these Land Use Regulations and recorded or filed in the Office of the Clerk
and Recorder shall be guilty of a misdemeanor and upon conviction thereof shall
be fined not more than five hundred (500) dollars for each parcel or interest in
subdivided land which is sold or offered for sale. All fines collected shall be
credited to the General Fund of the County.
b. Injunction. The Board of County Commissioners has the power to bring an
action to enjoin any subdivider from selling subdivided land before a Final Plat
for Subdivision for such subdivided land has been approved by the Board of
County Commissioners.
c. Guarantee of Public Improvements. The Board of County Commissioners or
any purchaser of any lot, tract, or tract of land subject to Subdivision which is the
security portion of a Subdivision Improvements Agreement shall have the
authority to bring an action in any District Court to compel the enforcement of
any Subdivision Improvements Agreement on the sale, conveyance, or transfer of
title of any lot, tract, or tract of land or any other provision of the Subdivision
Improvements Agreement. Such authority shall include the right to compel
rescission of any sale, conveyance, or transfer of title of any lot, tract, or tract of
land contrary to the provisions of any such restriction set forth on the plat or in
any separate recorded instrument,but any such action shall be commenced prior
to the issuance of the Building Permit. (am. 05/01/07)
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d. Suspension. The Board of County Commissioners may suspend or withdraw
any approval of a Preliminary Plan or Final Plat for Subdivision, or may require
corrective measures to be taken following a determination that the information
provided by the subdivider upon which the approval is based is false or
inaccurate. A written notice from the Board of County Commissioners or its
designated representative shall be served upon the subdivider, setting out a clear
and concise statement of the alleged facts and directing the subdivider to appear
at a specified regular meeting of the Board of County Commissioners not less
than ten (10) calendar days nor more than thirty (30) calendar days after the date
of service of notice. The Board of County Commissioners shall determine at that
meeting the nature and extent of alleged false or inaccurate information, shall
consider any new significant information that has been brought to their attention,
and shall, for good cause shown, suspend or withdraw any approval or require
certain corrective measures to be taken. This Section shall not apply to any Final
Plat for Subdivision where lots have been sold.
SECTION 7-110. REVOCATION OR SUSPENSION OF SPECIAL USE PERMIT,
VARIANCE PERMIT,PUD OR SUBDIVISION
Revocation or suspension of a Special Use Permit, Variance Permit, Preliminary Plan for PUD, or
Subdivision (Preliminary Plan or Final Plat for Subdivision) issued pursuant to these Land Use
Regulations shall be made under the procedures and standards of this Section, upon a finding that the
Special Use Permit, Variance Permit, Preliminary Plan for PUD, or Subdivision (Preliminary Plan or
Final Plat for Subdivision) was issued on the basis of erroneous or misleading information or
representation, the development violates the terms or conditions of any permit issued pursuant to these
Land Use Regulations, the terms or conditions of the Special Use Permit, Variance Permit, PUD, or
Subdivision,or these Land Use Regulations.
A. Procedure.
1. Initiation by County. If the County determines there are reasonable grounds for the
revocation or suspension of a Special Use Permit, Variance Permit, Preliminary Plan for
PUD, or Subdivision(Preliminary Plan or Final Plat for Subdivision)under the standards
of Section 7-110.B., Standards, the Code Enforcement Officer shall set a hearing before
the Board of County Commissioners.
2. Notification. The Code Enforcement Officer shall give the permittee notification by
mail a minimum of twenty (20) calendar days prior to the hearing. The notification shall
also state the grounds for the revocation or suspension of the Special Use Permit,
Variance Permit, Preliminary Plan for PUD, or Subdivision (Preliminary Plan or Final
Plat for Subdivision).
LAND USE REGULATIONS 7-2 EAGLE COUNTY,COLORADO
Appendix 7
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3. Revocation or Suspension Hearing.The Board of County Commissioners shall conduct
a hearing on the proposed revocation or suspension.
4. Decision of Board of County Commissioners. Within thirty (30) calendar days after
the close of the hearing, the Board of County Commissioners shall render a decision on
the revocation or suspension of the Special Use Permit, Variance Permit, Preliminary
Plan for PUD, or Subdivision (Preliminary Plan or Final Plat for Subdivision) based on
Section 7-110.B., Standards.
5. Record. Hearings shall be recorded pursuant to Section 5-210.F.5.f.,Record.
B. Standards. A Special Use Permit, Variance Permit, Preliminary Plan for PUD, or Subdivision
(Preliminary Plan or Final Plat for Subdivision) shall be revoked or suspended if any one (1) of
the following findings is made by the Board of County Commissioners.
1. Based on misleading information or misrepresentation. The permit was issued on the
basis of erroneous or misleading information or misrepresentation; or
2. Violation of conditions of permit. The development violates the terms or conditions of
the Special Use Permit, Variance Permit, Preliminary Plan for PUD), or Subdivision
(Preliminary Plan or Final Plat for Subdivision) issued pursuant to these Land Use
Regulations.
C. Notification. Notification of the Board of County Commissioners' decision shall be provided by
the Code Enforcement Officer to the permittee by mail within thirty (30) calendar days of the
decision.
D. CumuIative remedy. The Board of County Commissioners'right to revoke or suspend a Special
Use Permit, Variance Permit, Preliminary Plan for PUD, or Subdivision (Preliminary Plan or
Final Plat for Subdivision) as provided in this Section, shall be cumulative to any other remedy
provided by law.
SECTION 7-120. ABATEMENT OF VIOLATIONS
A. General. Violations of these Land Use Regulations may be abated under the procedures and
standards of this Section, at the election of the County Attorney; however, this procedure shall not be the
sole remedy available, and the County may enforce these Land Use Regulations in any manner provided
by law.
B. Procedure.
1. Notification of Violation. If after appraisal by the Code Enforcement Officer, the
County determines that any land use within unincorporated Eagle County is in violation
of the provisions of these Land Use Regulations, the County may mail a Notice to Abate
to the landowner, stating the provisions of these Land Use Regulations being violated,
and setting forth a reasonable period of time for the landowner to abate and correct the
violation.
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2. Hearing to Correct Violation. In the event the landowner fails to comply with the
Notice to Abate, a Hearing Officer shall conduct a Hearing to Abate to ascertain whether
abatement should be required under the procedures and standards of this Section.
a. Notice of Hearing. The County shall provide notice of the Hearing to Abate to the landowner
and complainant by certified mail, return receipt requested, a minimum of fourteen (14) calendar
days prior to the date established for the hearing. Notice shall be substantially in the format set
forth below
NOTI"CE OF HEARING ON ABATEMENT OF VIOLATION OF LAND
This is a notice of hearing before a Hearing Officer of Eagle County, Colorado, to
ascertain whether certain land or structures situated in unincorporated Eagle County,
Colorado,known and designated as(street address) ,in said County,
and more particularly described as (legal description) with Tax Parcel No
constitutes a violation of the County's Land Development Regulations and is
subject to abatement pursuant to Section 7-120 thereof,and Section 30-28-124,Colorado
Statutes. If the violation is not promptly abated by the landowner, such violation may be
abated by County authorities, in which case the cost of any eviction or relocation of an
illegal use, rehabilitation, repair, or demolition of an illegal structure will be assessed
upon such land, and such costs, together with interest thereon, will constitute a lien upon
such land until paid. In addition, the landowner may be cited for violation of the
provisions of these Land Development Regulations and subject to a fine.
Said alleged violation is of Section _ of these Land Development Regulations, and
consists of the following:
The method(s)of abatement are:
All persons having an interest in said matters may attend the hearing and their testimony
and evidence will be heard and given due consideration.
Dated this _day of_ ,20_.
Time and Date of Hearing:
Location of Hearing:
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b. Recommended by Hearing Officer.
(1) General. At the time stated in the Notice of the Hearing to Abate, the
Hearing Officer shall conduct a hearing pursuant to the requirements of
this Section, and shall hear and consider all relevant evidence, objections
or protests, and shall hear testimony under oath of the alleged violator
and all other persons having an interest in the hearing.
(2) Continuance. The Hearing Officer may continue the hearing from time
to time for good cause.
(3) Recommended Order. If, after the conclusion of the hearing, the
Hearing Officer finds that a violation of these Land Use Regulations
does exist and there is sufficient cause to evict or relocate an illegal use
or rehabilitate, demolish, remove or repair an illegal structure, the
Hearing Officer shall prepare a recommended Order to Abate outlining
findings and specifying the nature of the violation, the method of
abatement and the time within which the work shall be commenced and
completed. The recommended Order to Abate shall then be forwarded to
the Board of County Commissioners for final action at a hearing.
(4) Notification of Recommended Order. The Hearing Officer shall
provide the landowner a copy of the recommended Order to Abate by
mail, on the day the recommended Order is forwarded to the Board of
County Commissioners for a final decision.
b. Decision by Board of County Commissioners.
(1) Scheduling Hearing. The Board of County Commissioners shall
schedule a hearing on the recommended Order to Abate within thirty
(30)calendar days from the date the recommended Order is forwarded to
the Board of County Commissioners by the Hearing Officer.
(2) Notice of Hearing. The County shall provide the landowner notice of
the hearing by certified mail, return receipt requested, a minimum of
fourteen(14)calendar days prior to the date of the hearing.
(3) Continuances. Continuances of the hearing may be granted by the
Board of County Commissioners on request of the landowner for good
cause shown.
(4) Decision by Board of County Commissioners. At the hearing, the
Board of County Commissioners shall provide the landowner or the
landowner's representative and the County Attorney an opportunity to
make statements about the record established in the hearing held by the
Hearing Officer and the recommended Order to Abate. The Board of
I
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County Commissioners shall then review the record and recommended
Order to Abate. The recommended Order to Abate, or a modified
version thereof, shall be approved if there is competent substantial
evidence in the record that a violation of these Land Use Regulations
does exist and there is sufficient cause to evict or relocate an illegal use
or rehabilitate,demolish,remove or repair an illegal structure.
(5) Notice of Decision. The County shall provide a copy of the decision of
the Board of County Commissioners to the landowner by mail, return
receipt requested.
3. Record. Hearings shall be recorded pursuant to Section 5-120.f.5.f.,Record.
C. Effect of Order to Abate. If an Order to Abate is issued it shall mean that the land or structure is
in violation of these Land Use Regulations, and the illegal activity shall be discontinued and
rehabilitated, repaired, removed, or demolished in the manner and means specifically set forth in
the Order to Abate.
D. Abatement by County. If the violation is not abated pursuant to the Order to Abate within the
prescribed abatement period, the County Attorney shall cause the violation to be abated by
County employees or by private contract, or by any other means provided by Colorado law. The
County Attorney is authorized to enter upon land for such purposes. The costs, including
incidental expenses of abating the violation, shall be the responsibility of the landowner. The
term "incidental expenses" shall include, but shall not be limited to, personnel costs, both direct
and indirect; costs incurred in documenting the violation; the actual expenses and costs of the
County in the preparation of notices, specifications and contracts, and in inspecting the work; and
the costs of printing and mailing required hereunder. If the landowner fails to pay,the costs shall
become a lien against the land.
E. Cumulative Remedy. The County's right to abate a violation of these Land Use Regulations, as
provided in this Section, shall be cumulative to any other remedy provided by law.
SECTION 7-130. NOTIFICATION TO CORRECT VIOLATION
A. General. If the Code Enforcement Officer has personal knowledge of any violation of these
Land Use Regulations, the Code Enforcement Officer shall give written notice to the alleged
violator by certified mail, return receipt requested. The notification shall state the provisions of
these Land Use Regulations being violated, and state that the violator shall correct the violation
within ten(10) calendar days of receipt of the notification. (am. 05/01/07)
B. Failure to Comply. If the violator fails to correct the violation within ten (10) calendars days,
the Code Enforcement Officer may, through the County Attorney, request the Sheriff to issue a
summons and complaint against the violator pursuant to Colorado law stating the nature of the
violation with sufficient particularity to give notice of the charge to the violator. It shall be the
responsibility of the County Attorney to enforce this provision. (am. 05/01/07)
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ARTICLE 7: ENFORCEMENT 7-140.OTHER REMEDIES
SECTION 7-140. OTHER REMEDIES.
A. Civil Remedies. If any person, firm or corporation violates these Land Use Regulations, the
Board of County Commissioners through the County Attorney may seek either or both of the
following civil remedies. (am. 05/01/07)
1. Injunction. The Board of County Commissioners, through the County Attorney, in
addition to other remedies provided by law, may institute an injunction, mandamus,
abatement, or other appropriate action or proceeding to prevent, enjoin, abate or remove
such unlawful use,construction,alteration or development. (orig. 05/01/07)
Civil Penalty. Ir addition to the criminal penalties described bolo.=, aAny person,firm or
corporation violating these Land Use Regulations may also be subject to imposition,by
order of the County Court,of a civil penalty in an amount of not less than five hundred
dollars($500)or more than one thousand dollars ($1000). Each day after the issuance of
the order of the County Court during which such unlawful activity continues shall be
deemed a separate violations and shall be the subject of a continuing penalty in an amount
not to exceed one hundred dollars($100) for each such day. Until paid,any civil penalty
ordered by the County Court shall,as of recording,be a lien against the property on which
the violation has been found to exist. In case the assessment is not paid within thirty days,
it may be certified by the County Attorney to the County Treasurer,who shall collect the
assessment,together with a ten percent penalty for the cost of collection, in the same
manner as other taxes are collected. Any lien placed against a property pursuant to this
section shall be recorded with the Eagle County Clerk and Recorder. (orig. 05/01/07) (am.
12/01/24)
C. Criminal Remedies. Any person violating any provisions of these Land Use Regulations shall
be subject to all criminal penalties authorized by the State of Colorado for such violation,
including upon conviction, a fine an imp ' n ent, o�h, and payment of all costs and
expenses involved in prosecuting the offense. (am. 12/01/24)
LAND USE REGULATIONS 7-9 EAGLE COUNTY,COLORADO
Appendix 7
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Exhibit B -Amended ECLUR
7
M
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EXHIBIT B
CHAPTER 1:GENERAL PROVISIONS INTRODUCTION
CHAPTER 1
GENERAL PROVISIONS
1.01 INTRODUCTION
These Regulations are divided into six major sections:
Chapter I contains the purpose and authority of Eagle County to enact these
Regulations, a brief discussion of the general provision of the various
regulations, a section on enforcement and amendment procedures.
Chapter II contains the Zoning and Subdivision Regulations. This Section
addresses the permitted uses and densities allowable in the various zoning
categories as well as the procedures required in order to subdivide real
property.
Chapter III formerly included the Building Resolution which now is a stand
alone document adopted by separate resolution. (am. 01/01/25)
Chapter IV formerly included regulations pertaining to Individual Sewage
Disposal Systems (ISDS); now statutorily referred to as On-Site Wastewater
Treatment Systems (OWTS). The Eagle County Public Health Agency On-Site
Wastewater Treatment System (OWTS)regulations are promulgated by the
Eagle County Board of Health as a stand-alone document. Chapter IV has been
reserved for future use. (arnd. 07-29-2014)
Chapter V formerly contained regulations addressing construction within
County rights-of-way. Those regulations were removed from the Land Use
Regulations in 2023, and incorporated into the Eagle County Engineering
Manual, which exists as a standalone document. (am. 12/01/24)
Chapter VI sets forth the activities and areas of State interest regulated by the
County to include:
1) Site selection and construction of major new water and
sanitation facilities.
2) Major extension of water and wastewater distribution lines.
3) Efficient utilization of municipal and industrial
water projects.
4) Construction activities within floodplains.
Taken as a whole, this document provides a comprehensive set of regulations to provide
for orderly growth in Eagle County. Depending on the activity, one or more of the
regulations may apply. Each Chapter will be available to purchase separately depending
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CHAPTER 1:GENERAL PROVISIONS INTRODUCTION
on the applicant's particular needs. Any questions which might arise concerning the
application of these Regulations can be directed to the Department of Community
Development.
1.02 PURPOSES
This document provides a compendium of regulations which govern land use in the
unincorporated areas of Eagle County.
These Land Use Regulations are designed to promote the health, safety, convenience,
order,prosperity, and welfare of the present and future inhabitants of Eagle County in
accordance with the Eagle County Master Plan, including the lessening of congestion
and reducing the waste of excessive amounts of roads; promoting energy conservation;
securing safety from fire, floodwater and other dangers; providing adequate light and
air; classification of land uses and distribution of land development and utilization;
protecting the tax base of the County; securing economy in governmental expenditures;
fostering the County's agricultural, forestry, resort,business,mining, and other
economic bases; protecting both urban and non-urban development; conserving the
value of property and encouraging the most appropriate use of land.
These Land Use Regulations are further intended to protect the public health, safety,
and welfare by regulating activities and development in hazardous areas; protecting
lands from activities which would cause immediate or foreseeable material danger to
significant wildlife habitat and would endanger a wildlife species; preserving and
regulating areas of historical and archaeological importance with respect to the
establishment of roads on public lands administered by the federal government. This
authority includes authority to prohibit, set conditions or require a permit for the
establishment of any road authorized under the general right-of-way granted to the
public by 43 U.S.C. 932 (R.S. 2477); regulating the location of activities and
development which may result in significant changes in population density; providing
for phased development of services and facilities; regulating the use of land on the basis
of the impact thereof on the community or surrounding areas; and otherwise planning
for and regulating the use of land so as to provide planned and orderly use of land and
protection of the environment in a manner consistent with constitutional rights.
1.03 AUTHORITY
Eagle County is authorized by law to regulate zoning, planning, subdivision of land, and
building by virtue of Section 30-28-101 et seq., C.R.S., and Section 30-28-201 et seq.,
C.R.S., respectively, as amended; to regulate certain activities on and uses of land by
Section 29-20-101 et seq., C.R.S., as amended; to designate and administer
Areas and Activities of State Interest by Section 24-65.1-101 et seq. and Section
24-32-111, C.R.S.; to regulate planned unit developments by Section 24-67-104 et seq.,
C.R.S., as amended; to regulate On-Site Wastewater Treatment Systems (OWTS)by
Section 25-10-101 et seq., C.R.S., as amended; and to regulate construction activities
within public ways by Section 30-11-107, C.R.S., as amended. (amd. 07-29-2014)
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,CHAPTER I:GENERAL PROVISIONS 1NTERPRETATIO
Eagle County Board of County Commissioners have been given the authority through
C.R.S. 30-15-401(1)(a)(V)(C) to adopt reasonable regulations for controlling pollution
caused by wood smoke. (am. 11/25/91)
1.04 TEMPORARY REGULATIONS
The Board of County Commissioners, if in its opinion conditions require such action,
may promulgate, by resolution at a public meeting, regulations of a temporary nature to
be effective for a limited period not to exceed 30 days.
During this 30 day period, a 15 day public notice shall be given in a newspaper of local
distribution, advertising a public hearing to discuss the matter at hand requiring the
temporary regulation and may at such public hearing extend the duration of the
effectiveness of said regulation for a period not to exceed 6 months. The nature of the
temporary regulation may prohibit or regulate in any part or all of the unincorporated
territory of Eagle County, the zoning or subdivision of land, or the erection,
construction,reconstruction or alteration of any building or structure used or to be used
for any business, residential, industrial or commercial purposes.
1.05 INTERPRETATION
In the interpretation and application of these Land Use Regulations,.except Chapter II,
the following criteria shall govern:
1) The burden of proof is upon the applicant to show full compliance with
the purpose of these Land Use Regulations.
2) In their interpretation and application, the provisions of these Land Use
Regulations shall be regarded as the minimum requirements for the protection
of the public health, safety, comfort, convenience, prosperity and welfare.
These Regulations shall therefore be regarded as remedial and shall be
•
liberally construed to further its underlying purposes.
3) , Whenever both a provision of these Land Use Regulations and any other
provision of such Regulations, or any provision in any other law, ordinance,
resolution, rule, or regulation of any kind, contain any restrictions covering
any of the same subject matter, whichever restrictions are more restrictive or
impose higher standards or requirements shall govern. All uses and all
locations and bulk permitted under the terms of these Land Use Regulations
shall be in conformity with all other provisions of law.
4) These Land Use Regulations are not intended to abrogate or annul any valid
subdivision plats, easements, covenants,building permits, legally
established lots, or uses established, approved and/or issued before the
effective date of these Regulations.
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,CHAPTER 1:GENERAL PROVISIONS ENFORCEMEN
1.06 CONSTRUCTION
The following six statements are rules regarding the construction of language in these
Land Use Regulations, except Chapter II:
1) The particular has precedence over the general statements. In the event of any
conflict, inconsistency, or incongruity between the general provisions
(Chapter I) of these Land Use Regulations and any provision contained in the
remaining Chapters of these Land Use Regulations which set forth specific
requirements for development(Chapters II-VI), the provisions within the
applicable Chapter which sets forth specific requirements shall in all respects
govern and control.
2) In case of any difference of meaning or implication between the text of
these Land Use Regulations and captions for each section, the text shall
control.
3) The word "shall" is always mandatory and not directory. The word "may" is
permissive.
4) Words used in present tense include the future, unless the context
clearly indicates the contrary.
5) Words used in the singular shall include the plural,unless the context
clearly indicates the contrary. Words in one gender shall be deemed to
include the other gender.
6) Any definition used in the applicable Colorado Statutes may be used in
these Land Use Regulations and if the statutory definitions conflict, then the
statutory definitions shall govern.
1.07 SEPARABILITY
It is hereby declared to be the legislative intent that the several provisions of these Land
Use Regulations shall be severable, in accordance with the provisions set forth below:
1) If any provision of these Land Use Regulations is declared to be invalid by a
decision of any court of competent jurisdiction, it is hereby declared to be
the legislative intent that:
a) The effect of such decision shall be limited to that provision or
provisions which are expressly stated in the decision to be invalid;
and
b) Such decision shall not affect, impair, or nullify these Regulations as
a whole or any other part thereof,but the rest of these Regulations
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CHAPTER 1:GENERAL PROVISIONS ENFORCEMEN
shall continue in full force and effect.
2) If the application of any provision of these Land Use Regulations to any lot,
building, other structure or tract of land is declared to be invalid by a decision
of any court of competent jurisdiction, it is hereby declared to be the
legislative intent that:
a) The effect of such decision shall be limited to that lot, building,
other structure or tract of land immediately involved in the
controversy, action or proceeding in which the judgment or decree of
invalidity was rendered; and
b) Such decision shall not affect, impair or nullify these Regulations as
a whole or the application of any provision thereof, to any other lot,
building, other structure or tract of land.
1.08 REPEAL
All prior Resolutions of the Eagle County Board of County Commissioners which are
inconsistent with the provisions of these Land Use Regulations are hereby repealed to
the extent of such inconsistency only. The repeal of any of the above-mentioned
resolutions does not revive any other resolution or portion thereof repealed by said
resolution, and such repeals shall not affect or prevent the prosecution or punishment of
any person for the violation of any resolution repealed hereby for an offense committed
prior to the repeal.
1.09 ADMINISTRATION OVER PLATTING
1) All plans of improvements for.public use and all plans,plats,plots, and
replots of land laid out in subdivision or building lots and the roads, alleys, or
other portions of the same, intended to be dedicated to a public use or the use
of purchasers or owners of lots fronting thereon or adjacent thereto, shall be
submitted to the Planning Commission and the County Commissioners for
review and subsequent approval, conditional approval, or disapproval. It shall
not be lawful to record any such plan or plat in any public office unless the
same shall bear thereon, by endorsement or otherwise, the approval of the
County Commissioners.
2) No changes, erasures, modifications, or revisions shall be made on the
Final Plat after the approval by the County Commissioners without
replatting.
1.10 PERMITS
No permits of any kind shall be issued by the County Building Department, nor any
other administrative office of the County, for the construction of any building or other
improvements upon any land to which these Land Use Regulations apply unless and
until the requirements thereof have been met. In particular, no permits of any kind will
be issued by the County unless or until a landowner or applicant has complied with the
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provisions of the Land Use Regulations governing the subdivision, platting,
partitioning, or other division of land. (am. 12/01/24)
1.11 JURISDICTION
These Land Use Regulations shall apply to all lands within the unincorporated territory
of Eagle County.
1.12 TITLE
These Land Use Regulations shall be referred to as the "Eagle County Land Use
Regulations" or "Land Use Regulations."
1.13 EFFECTIVE DATE,FILING WITH COUNTY CLERK AND RECORDER
1) These Land Use Regulations shall become effective upon adoption by
the Board of County Commissioners.
2) Upon adoption of these Land Use Regulations and any amendments thereto,
the Board of County Commissioners shall file a certified copy of the same
in the office of the County Clerk and Recorder which shall be kept and there
made available for public inspection during reasonable times. In addition, a
certified copy of these Land Use Regulations and any amendments thereto
adopted by the Board of County Commissioners shall be certified to the
County Clerk and Recorder for recording in the same manner as any other
document relating to real property.
1.14 ENFORCEMENT
1.14.01 Generally
1) The Board shall provide for the enforcement of the zoning or other County
supplementary regulations by means of withholding building permits. It shall be
unlawful to erect, construct, reconstruct, alter or change the use of any building
or other structure within the unincorporated territory covered by County such
zoning or other general regulations without obtaining a building permit from the
County Building Official Inspector, (see Chapters II and-VI of these Land Use
Regulations, the Eagle County Public Health Agency OTWS Regulations and
the Eagle County Building Resolution for specific exemptions to the respective
Regulations). The County Such Building Official Inspector shall not issue any
building or other permits unless the plans for the proposed erection,
construction, reconstruction, alteration, or use fully conform to all zoning and
general regulations then in effect. (am. 12/01/24)
2) It shall be unlawful to erect, construct, reconstruct, alter, maintain or use any
building or structure or to use any land in violation of any regulation in, or
of any provisions of, any zoning or general regulations of these Land Use
Regulations, or any amendments thereto (see Chapters II and VI of these
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Land Use Regulations, the Eagle County OTWS regulations and the Eagle
County Building Resolution for specific exemptions). (am. 12/01/24)
a) Any person, firm, or corporation violating any such regulation,provision,
or amendment to these Land Use Regulations commits a civil infraction
(See also, Chapter II, Section 7). Each day during which such illegal
erection, construction, reconstruction, alteration, maintenance, or use
continues shall be deemed a separate offense. (am. 05/01/07) (am.
12/01/24)
b) Any person, firm or corporation violating these Land Use Regulations may
be subject to a civil penalty in an amount of not less than five hundred
dollars ($500)nor more than one thousand dollars ($1,000), (See also,
Chapter II, Section 7). Each day during which such violation continues
shall be deemed a separate offense and shall be the subject of a continuing
penalty in an amount not to exceed one hundred dollars ($100) for each
such day. (orig. 05/01/07) (am. 12/01/24)
c) In addition to other remedies provided by law, the County Attorney may
institute an injunction, mandamus, abatement, or other appropriate action
or proceeding to prevent, enjoin, abate, or remove such unlawful
erection, construction, reconstruction, alteration, maintenance or use.
(orig. 05/01/07)
3) The Zoning Administrator, or authorized representative, is authorized to enter
upon private property for the purpose of administering these Land Use
Regulations. The owner of the property shall give the Zoning Administrator
free access after Eagle County has given reasonable notice for such survey or
inspection. If access is denied, the Zoning Administrator may apply to the
District Court of Eagle County for an order authorizing entry. If a violation
shall be found to exist, the Zoning Administrator, or authorized representative,
shall give written notice to the violator to correct such violation within ten
(10) calendar days after the date of such notice. Should the violator fail to
correct the violation within such ten(10) day period, the Eagle County Zoning
Administrator, or authorized representative, may request that the County
Sheriff issue a summons and complaint to the violator, stating the nature of the
violation with sufficient particularity to give notice of said charge to the
violator. The summons and complaint shall require that the violator appear in
County Court at a definite time and place stated therein to answer and defend
the charge. One copy of said summons and complaint shall be served upon the
violator by the County Sheriff in the manner provided by law for the service of
a criminal summons. One copy each shall be retained by the Sheriff and the
Eagle County Department of Community Development, and one copy shall be
transmitted by the Sheriff to the Clerk of the County Court. (am. 05/01/07)
Notwithstanding the foregoing, the issuance of a written notice as specified in
the paragraph next above shall in no way or manner be deemed a prerequisite
to the institution of any enforcement proceedings set forth herein; and
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provided further, that compliance with such written notice shall not necessarily
be deemed to be a defense to any alleged violation of these Land Use
Regulations in any court action instituted seeking full compliance therewith,
but evidence of compliance with such order may be introduced as matter in
mitigation and extenuation.
4) The County Attorney's office is hereby authorized to enforce the provisions
of this Section on behalf of the Board of County Commissioners.
1.14.03 Reserved for future use. (amd. 07-29-2014)
1.14.04 Road Cut and Road Construction within Public Ways
1) It shall be unlawful for any person to make, construct, reconstruct, or alter any
opening, excavation, tunnel, sidewalk, curb, gutter, street, or to perform any
other work of any kind within the public way which will result in physical
alteration thereof, unless such person shall first have obtained a road cut and/or
road construction permit for the performance of such, and unless such work
shall be performed in conformity with the terms and provisions of Chapter 3 of
the Eagle County Engineering Criteria Manual. (am. 12/01/24)
2) It shall be unlawful for any person to violate the terms of Chapter 3 of the
Eagle County Engineering Criteria Manual, or of any lawful orders or
regulations issued incident thereto, including, but not limited to the County
Engineering Regulations, Design Standards and Construction Standards. Any
such violation shall render the violator appropriate civil proceedings and/or
criminal proceedings under Section 43-5-301, C.R.A. 1973, as amended. (am.
12/01/24)
1.14.05 Cumulative Effect
The foregoing remedies and enforcement provisions shall be cumulative and not
exclusive and shall be in addition to any other remedies and enforcement provisions
provided by law.
1.14.06 Non-Liability for Damages
These Land Use Regulations shall not be construed to hold Eagle County in any manner
responsible for any damages to persons or property resulting from any inspection as
herein authorized or resulting from any failure to so inspect, or resulting from the
issuance or denial of a building permit as herein provided, or resulting from the
institution of court action as hereinabove set forth or the forbearance by Eagle County
to so proceed.
1.14.07 Non-Liability of Officials
Any County Official or employee, charged with the enforcement of these Land Use
Regulations, acting in good faith and without malice on behalf of said County in the
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discharge of his official duties, shall not thereby render himself personally liable for
any damages which may accrue to persons or property resulting from any such act or
omission committed in the discharge of such duties. Any suit or proceeding instituted
against such official or employee, stemming from any act or omission performed by
him in the enforcement or attempted enforcement of any provision of these Regulations,
shall be defended by the legal officer(s) of the County until final termination of the
proceedings.
1.15 AMENDMENTS
1.15.03 Scope and Authority
From time to time the Board of County Commissioners may amend any of the
provisions of these Land Use Regulations, including but not limited to the number,
shape, boundaries, area or requirements of any zone district or other areas and may
create new districts and areas. (am. 12/01/24)
1.15.04 Private Applications
Any private applicant seeking to propose an amendment under the procedures of this
Section to the provisions of these Land Use Regulations shall submit a proposal to the
Department of Community Development, which shall include the name and address of
the applicant and the language proposed for addition, deletion, or amendment. (am.
12/01/24)
1.15.05 Commencement
Amendments to the provisions of these Land Use Regulations may be proposed by a
private applicant, the staff, the Planning Commission or the Board.
1.15.06 Referrals
1) Before the Department of Community Development issues a staff report to
the Planning Commission on Land Use Regulation amendments, the proposed
amendment shall be referred to any appropriate referral agencies for an
advisory opinion. The Planning Commission shall then review the staff report
and advisory opinions prior to rendering a recommendation to the Board of
County Commissioners. (am 12/16/08)
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CHAPTER 1:GENERAL PROVISIONS PROCEDUR
2) If the proposal would affect land lying wholly or partially within three (3)
miles or within the area encompassed by the Comprehensive Plan of any
incorporated municipality, such proposal shall be referred to the City Clerk of
that municipality for recommendation by the city or town planning
commission or city council or town board, or agents designed by them. Failure
of the city to make recommendations within thirty(30)days constitutes a
waiver of its right to do so. (am 12/16/08)
1.15.07 Public Hearing
1) The Planning Commission shall hold a public hearing prior to recommending
the adoption of any amendments or changes to these Land Use Regulations.
The time and place of such public hearing shall be advertised by the
• Commission at least fifteen(15) days prior to the hearing in a newspaper of
general circulation within the County. After considering the testimony at the
public hearing and comments from governmental agencies and interested
parties, the Planning Commission shall recommend approval, conditional
approval or disapproval of the proposed changes or amendments to the County
Commissioners. (am 12/16/08) (am. 01/01/25)
2) The Board,before finally adopting any amendments or changes to these Land
Use Regulations, shall hold a public hearing thereon, notice of which shall be
published once in a newspaper of general circulation in the County at the
expense of the applicant at least thirty(30) and not more than sixty(60) days
before the hearing. Such notice shall state the date, time and place of the
hearing; the place where the proposal and relevant materials may be
examined; and a telephone number where inquiries may be answered. (am.
01/01/25)
3) The proposal shall be available for public inspection in the Department of
Community Development for thirty(30) days prior to the hearing before
the Board of County Commissioners.
1.15.08 Board Action
1) In making its decision the Board shall consider the information disclosed at
the public hearing, the Department of Community Development
recommendation and any referral agency comments, any comments of
incorporated areas to which the proposal was referred, and the advisory
recommendation of the Planning Commissions. (am. 12/01/24)
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CHAPTER 1:GENERAL PROVISIONS PROCEDUR
2) If the proposal recommended by the Planning Commission is substantially
altered by the Board, then the Board shall resubmit the altered proposal to the
Planning Commission for its approval, disapproval, or suggestions. The
Planning Commission shall send its report to the Board within thirty(30)
days.
3) The Planning Commission may recommend and the Board may adopt only
those amendments which it finds to be in conformance with the policies and
regulations of these Land Use Regulations, and the Eagle County Master
Plan.
1.16 APPEALS
1.16.03 Appeals to the Board of County Commissioners
Except as otherwise specifically provided in Chapter II, appeals to the Board of County
Commissioners may be taken by any person aggrieved by his inability to obtain a
building permit, or by the decision of any administrative officer or agency based upon
or made in the course of the administration or endorsement of the provisions of these
Land Use Regulations. Appeals to the Board of County Commissioners may also be
taken by any officer, department,board, or bureau of the County affected by the
granting or refusal of a building permit or by other decision of an administrative officer
or agency based on or made in the course of the administration or enforcement of the
provisions of these Land Use Regulations. Such appeal must be made within 30 days
after the occurrence of such grievance or decision which is the subject of the appeal.
1.16.04 Procedure
1) Appeals hereunder shall be initiated by the filing of a written Notice of
Appeal to the Clerk of the Board of County Commissioners. Said Notice of
Appeal shall include the following information:
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.CHAPTER I:GENERAL PROVISIONS PROCEDUR
a) The nature of the decision or grievance by which the appeal is
being taken;
b) The date of such decision or grievance, and the name of
the administrative officer or agency making the same;
c) Any applicable rules or regulations pertaining to the decision
or grievance being appealed from;
d) The name and mailing address of the Appellant;
e) Legal description of the property affected;
f) Brief factual description setting forth the particulars and reasons
for the appeal; and
g) Any other information as may be required by the Board of
County Commissioners.
2) Upon receipt of a Notice of Appeal, the Clerk of the Board of County
Commissioners shall schedule the appeal for hearing before the Board of
County Commissioners, which hearing shall not be later than thirty(30) days
from the receipt thereof, unless otherwise agreed to by the County and the
Appellant. Written notice of the date, time and place of the hearing shall be
given not later than ten (10) days prior to the date of hearing to the Appellant
and any other person who may be affected thereby. (am. 12/01/24)
3) Not later than ten(10) days prior to the scheduled hearing, any and all exhibits,
testimony and evidence of whatsoever kind shall be transmitted to the Clerk of
the Board of County Commissioners.
4) At the hearing, the Board of County Commissioners shall consider all the
evidence transmitted to the Clerk of the Board of County Commissioners
and any additional evidence which it deems appropriate. Strict rules of
evidence shall not apply, but all additional oral evidence shall be reduced to
writing in summary form.
5) Ruling: Within twenty(20) days from the date of the hearing, the Board of
County Commissioners shall issue its written ruling affirming,modifying,
or reversing the decision or action which is the subject of the appeal. Copies
of the Ruling shall be mailed to the Appellant and any other interested
parties.
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Table of Contents
Page
Article 1 General Provisions
Section 1-100 Title & Short Title 1-1
Section 1-110 Authority 1-1
Section 1-120 Purpose 1-1
Section 1-130 Rules of Construction 1-1
Section 1-140 Applicability 1-4
Section 1-150 Exemptions: Effect of These Land Use Regulations on Previously
Approved Development 1-6
Section 1-160 Repealer 1-8
Section 1-170 Severability 1-8
Article 2 Definitions
Section 2-100 Purpose 2-1
Section 2-110 Definitions 2-1
Article 3 Zone Districts
Division 3-1 General
Section 3-100 Establishment of Zone Districts 3-1
Section 3-110 Official Zone District Maps 3-1
Section 3-120 Interpretation of Zone District Boundaries 3-2
Division 3-2 Purposes of Zone Districts
Section 3-200 General 3-3
Section 3-210 Residential, Agricultural & Resource Zone Districts 3-3
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Section 3-220 Commercial & Industrial Zone Districts 3-5
Section 3-230 Planned Unit Development (PUD) Zone District 3-5
Section 3-240 Eagle-Vail PUD 3-6
Division 3-3 Use & Dimensional Standards
Section 3-300 Residential, Agricultural & Resource Zone Districts Use
Schedule 3-7
Section 3-310 Review Standards Applicable to Particular Residential, Agricultural
& Resource Uses 3-12
Section 3-320 Commercial & Industrial Zone Districts Use Schedule 3-51
Section 3-330 Review Standards Applicable to Particular Commercial & Industrial
Uses 3-56
Section 3-340 Zone District Dimensional Limitations 3-61
Section 3-350 Floodplain Overlay District 3-69
Article 4 Site Development Standards
Division 4-1 Off-Street Parking & Loading Standards
Section 4-100 Purpose 4-1
Section 4-110 Applicability 4-1
Section 4-120 Number of Required Parking & Loading Spaces 4-1
Section 4-130 General Standards for Parking & Loading Areas 4-3
Section 4-140 Design Standards for Parking & Loading Areas 4-4
Division 4-2 Landscaping & Illumination Standards
Section 4-200 Purpose 4-10
Section 4-210 Applicability 4-11
Section 4-220 Landscape Plan 4-12
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Section 4-230 Landscaping Design Principles, Standards & Materials 4-14
Section 4-240 Installation & Maintenance Requirements 4-22
Section 4-250 Illumination Standards 4-24
Division 4-3 Sign Regulations
Section 4-300 Purpose 4-24
Section 4-310 Applicability 4-25
Section 4-320 Prohibited Signs 4-26
Section 4-330 Sign Standards Applicable in All Zone Districts 4-28
Section 4-340 Sign Standards Applicable to Specific Zone Districts 4-32
Section 4-350 Procedure to Obtain Sign Permit 4-35
Section 4-360 Nonconforming Signs 4-36
Section 4-370 Violations & Penalties 4-37
Division 4-4 Natural Resource Protection Standards
Section 4-400 Purpose 4-38
Section 4-410 Wildlife Protection 4-38
Section 4-420 Development in Areas Subject to Geologic Hazards 4-41
Section 4-425 Hillside Development 4-45
Section 4-430 Development in Areas Subject to Wildlife Hazards 4-49
Section 4-440 Wood Burning Controls 4-54
Section 4-450 Ridgeline Protection 4-56
Section 4-460 Environmental Impact Report 4-61
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Division 4-5 Commercial & Industrial Performance Standards
Section 4-500 Purpose 4-65
Section 4-510 Applicability 4-65
Section 4-520 Noise & Vibration Standards 4-65
Section 4-530 Smoke & Particulate Standards 4-65
Section 4-540 Heat, Glare, Radiation & Electrical Interference 4-66
Section 4-550 Storage of Hazardous & Non-hazardous Materials 4-66
Section 4-560 Water Quality Standards 4-66
Division 4-6 Improvements Standards
Section 4-600 Purpose 4-67
Section 4-610 Applicability 4-67
Section 4-620 Roadway Standards 4-67
Section 4-630 Sidewalk & Trail Standards 4-101
Section 4-640 Irrigation System Standards 4-102
Section 4-650 Drainage Standards 4-103
Section 4-660 Excavation & Grading Standards 4-106
Section 4-665 Erosion Control 4-106
Section 4-670 Utility & Lighting Standards 4-109
Section 4-680 Water Supply Standards 4-111
Section 4-690 Sanitary Sewage Disposal Standards 4-112
Division 4-7 Impact Fees and Land Dedication Standards
Section 4-700 School Land Dedication Standards 4-114
Section 4-710 Road Impact Fees 4-115
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Section 4-720 Emergency Service Impact Fees 4-138
Division 4-8 Eagle County Efficient Building Code (ECOBUILD): Single-
Family, Duplex , Townhouse
Section 4-8 Eagle County Efficient Building Code: Single-Family, Duplex,
Townhouse 4-145
Division 4-9 Eagle County Efficient Building Code (ECOBUILD):
Commercial, Multifamily
Section 4-9 Eagle County Efficient Building Code: Commercial, Multifamily
4-159
Division 4-10 Sustainable Community Index
Section 4-10 Sustainable Community Index... 4-171
Article 5 Administration
Division 5-1 Duties & Responsibilities of Decision-Making, Administrative &
Advisory Bodies
Section 5-100 Board of County Commissioners 5-1
Section 5-110 Planning Commission 5-2
Section 5-120 Zoning Board of Adjustment 5-6
Section 5-130 Hearing Officer 5-8
Section 5-140 Planning Director 5-9
Section 5-150 Code Enforcement Officer 5-10
Section 5-160 County Attorney 5-10
Section 5-170 County Engineer 5-11
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Division 5-2 Common Procedures
Section 5-200 General 5-12
Section 5-210 Provisions of General Applicability 5-15
Section 5-220 Interpretations 5-24
Section 5-230 Amendments to the Text of These Land Use Regulations or the
Official Zone District Map 5-25
Section 5-240 Planned Unit Development (PUD) District 5-30
Section 5-250 Special Uses 5-52
Section 5-260 Variances 5-57
Section 5-270 Subdivision Exemption 5-60
Section 5-280 Subdivision 5-62
Section 5-290 Minor Subdivision 5-81
Section 5-300 Limited Review Use 5-86
Section 5-2100 Certificate of Zoning Compliance 5-88
Section 5-2200 Public Way & Easement Vacations 5-88
Section 5-2300 Beneficial Use Determination 5-90
Section 5-2400 Appeals of Staff Decisions / Interpretations 5-95
Section 5-2500 Vested Property Rights 5-95
Section 5-2600 Temporary Regulations 5-97
Section 5-2700 Correction Plat 5-97
Article 6 Nonconformities
Section 6-100 Purpose & Intent 6-1
Section 6-110 Nonconforming Uses & Structures 6-1
Section 6-120 Nonconforming Lots of Record 6-2
Section 6-130 Nonconformities Created By Eminent Domain Proceedings 6-5
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Article 7 Enforcement
Section 7-100 General 7-1
Section 7-110 Revocation or Suspension of Special Use Permit, Variance Permit,
PUD or Subdivision 7-2
Section 7-120 Abatement of Violations 7-4
Section 7-130 Notification to Correct Violation 7-7
Section 7-140 Other Remedies 7-8
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Appendix A
Final Plat Recording Specifications & Certificate Formats
Appendix D
Nelson Access Road
(As referenced in Article 6, Section 6-120, B.2, Nonconformities)
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ARTICLE 4
SITE DEVELOPMENT STANDARDS - EAGLE COUNTY
1
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ARTICLE 4:SITE DEVELOPMENT STANDARDS TABLE OF CONTENTS
TABLE OF CONTENTS
DIVISION 4-1.OFF-STREET PARKING AND LOADING STANDARDS 4-4
SECTION 4-100. PURPOSE 4-4
SECTION 4-110.APPLICABILITY 4-4
SECTION 4-120.NUMBER OF REQUIRED PARKING AND LOADING SPACES 4-4
SECTION 4-130.GENERAL STANDARDS FOR PARKING AND LOADING AREAS 4-6
SECTION 4-140.DESIGN STANDARDS FOR PARKING AND LOADING AREAS 4-7
DIVISION 4-2. LANDSCAPING AND ILLUMINATION STANDARDS 4-15
SECTION 4-200.PURPOSE 4-15
SECTION 4-210.APPLICABILITY 4-15
SECTION 4-220. LANDSCAPE PLAN 4-16
SECTION 4-230.LANDSCAPING DESIGN PRINCIPLES,STANDARDS AND MATERIALS 4-18
SECTION 4-240.INSTALLATION AND MAINTENANCE REQUIREMENTS 4-27
SECTION 4-250.ILLUMINATION STANDARDS 4-29
DIVISION 4-3. SIGN REGULATIONS 4-30
SECTION 4-300. PURPOSE 4-30
SECTION 4-310.APPLICABILITY 4-30
SECTION 4-320.PROHIBITED SIGNS 4-32
SECTION 4-330. SIGN STANDARDS APPLICABLE IN ALL ZONE DISTRICTS 4-34
SECTION 4-340. SIGN STANDARDS APPLICABLE TO SPECIFIC ZONE DISTRICTS 4-37
SECTION 4-350.PROCEDURE TO OBTAIN A SIGN PERMIT 4-41
SECTION 4-360.NONCONFORMING SIGNS 4-42
SECTION 4-370.VIOLATIONS AND PENALTIES 4-43
DIVISION 4-4.NATURAL RESOURCE PROTECTION STANDARDS 4-45
SECTION 4-400. PURPOSE 4-45
SECTION 4-410.WILDLIFE PROTECTION 4-45
SECTION 4-420. DEVELOPMENT IN AREAS SUBJECT TO GEOLOGIC HAZARDS 4-48
SECTION 4-425. HILLSIDE DEVELOPMENT 4-52
SECTION 4-430.DEVELOPMENT IN AREAS SUBJECT TO WILDFIRE HAZARDS 4-56
SECTION 4-440.WOOD BURNING CONTROLS 4-61
SECTION 4-450. RIDGELINE PROTECTION 4-63
SECTION 4-460. ENVIRONMENTAL IMPACT REPORT 4-69
DIVISION 4-5.COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS 4-74
SECTION 4-500. PURPOSE 4-74
SECTION 4-510.APPLICABILITY 4-74
LAND USE REGULATIONS 2 EAGLE COUNTY,COLORADO
Article 4
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ARTICLE 4:SITE DEVELOPMENT STANDARDS TABLE OF CONTENTS
SECTION 4-520.NOISE AND VIBRATION STANDARDS 4-74
SECTION 4-530. SMOKE AND PARTICULATE STANDARDS 4-74
SECTION 4-540.HEAT,GLARE, RADIATION AND ELECTRICAL INTERFERENCE 4-75
SECTION 4-550. STORAGE OF HAZARDOUS AND NON-HAZARDOUS MATERIALS 4-75
SECTION 4-560.WATER QUALITY STANDARDS 4-76
DIVISION 4-6. IMPROVEMENTS STANDARDS 4-77
SECTION 4-600. PURPOSE 4-77
SECTION 4-610.APPLICABILITY 4-77
SECTION 4-620.ROADWAY STANDARDS 4-77
SECTION 4-630. SIDEWALK AND TRAIL STANDARDS 4-111
SECTION 4-640.IRRIGATION SYSTEM STANDARDS 4-112
SECTION 4-650. DRAINAGE STANDARDS 4-113
SECTION 4-660.EXCAVATION AND GRADING STANDARDS 4-116
SECTION 4-665. EROSION CONTROL STANDARDS 4-116
SECTION 4-670. UTILITY AND LIGHTING STANDARDS 4-120
SECTION 4-680.WATER SUPPLY STANDARDS 4-121
SECTION 4-690. SANITARY SEWAGE DISPOSAL STANDARDS 4-122
DIVISION 4-7.IMPACT FEES AND LAND DEDICATION STANDARDS 4-125
SECTION 4-700. SCHOOL LAND DEDICATION STANDARDS 4-125
SECTION 4-710.TRANSPORTATION IMPACT FEES 4-126
SECTION 4-720.EMERGENCY SERVICE IMPACT FEES 4-127
DIVISION 4-8. SUSTAINABLE COMMUNITY INDEX(org.9/17/08) 4-135
SECTION 4-800. PURPOSE 4-135
SECTION 4-801.APPLICABILITY 4-135
SECTION 4-820.POINT REQUIREMENTS 4-135
SECTION 4-830. POINT DETAILS 4-136
SECTION 4-830.1. SITE/LOCATION: 4-136
SECTION 4-830.2. CONNECTIONS/USES: 4-137
SECTION 4-830.3.TRANSPORTATION: 4-140
SECTION 4-830.4. RESOURCE EFFICIENCY 4-143
LAND USE REGULATIONS 3 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS
DIVISION 4-1. OFF-STREET PARKING AND LOADING STANDARDS
SECTION 4-100. PURPOSE
This Division establishes parking standards for land uses within unincorporated portions of Eagle County.
The standards are intended to lessen congestion on streets,to ensure an adequate supply of parking spaces
within a reasonable distance of land uses and to provide standards for the design and use of required parking
areas.
SECTION 4-110. APPLICABILITY
The standards of this Division shall apply to all development, including new uses, expansion of existing
uses and the change of use of land or structures.
SECTION 4-120. NUMBER OF REQUIRED PARKING AND LOADING SPACES
A. Off-Street Parking Required. All uses shall be required to provide that number of off-street
parking spaces which complies with the standards set forth in Table 4-120, "Minimum Off-Street
Parking Standards For Each Use".
1. Multiple Uses. If two (2) or more principal uses occupy a single parcel or structure, the
number of required off-street parking spaces for the parcel or structure shall be the additive
total for each principal use of the parcel or structure.
2. Shared Parking or Loading Areas.No parking or loading area that is required by these Land
Use Regulations shall be a required parking or loading area for another use, unless it can
be shown that the peak use periods for required parking or loading areas for two(2)or more
uses located on the same or adjoining sites will not overlap with one another. Upon the
presentation of satisfactory evidence by the applicant that such shared use will not result in
a shortage of parking at any time, the Planning Director may approve a shared use
arrangement for said parking or loading area and may reduce the number of off-street
parking spaces by up to twenty(20)percent of the total required for all uses.
3. Required Fractional Spaces. When any calculation of the number of required off-street
parking spaces results in a fractional space being required, such fraction shall be rounded
up to the next higher number of spaces.
LAND USE REGULATIONS 4-4 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS
TABLE 4-120
MINIMUM OFF-STREET PARKING STANDARDS FOR EACH USE
Use Parking Standard
Single-Family or Duplex Dwelling Unit 3 spaces per dwelling unit'
Mobile Home Unit 2 spaces per mobile home space
Multi-Family Dwelling Unit:
1 bedroom or studio 2 spaces per dwelling units
2 to 3 bedrooms 2.5 spaces per dwelling unit
4 or more bedrooms 3 spaces per dwelling unit
Multi-Housekeeping Dwelling Unit 1 space per bedroom
Lodging Unit(including hotel,motel,
lodge,boarding house and similar uses)
1 space per room
Retail, Service Commercial and Office 1 space per 250 s.f, of net leasable floor area2
Restaurant and Tavern 1 space per every 4 seats
1 space per 100 s.f of floor area used for
Auditorium and Public Assembly Areas
seating or assembly
Public Facilities and Health Facilities
(excluding auditorium and public assembly 1 space per 300 s.f. of floor area'
areas)
Ski Facility:
1 space per 4 persons of maximum allowed
Visitors
skiers at one time(SAOT)
Mountain Employees
employees per day/1.3 persons per day
Manufacturing Establishment 1 space per 1,000 s.f. of floor area
Wholesale Establishment,Warehouse,Rail
or Truck Freight Terminals
1 space per 2,000 s.f. of floor area
Notes:
1. The parking requirement for a studio or one(1)bedroom dwelling unit shall be 2 spaces per
unit.
2. Net leasable areas include only those areas that are designed to be leased to a tenant and
occupied for commercial or office purposes, exclusive of any area dedicated to foyers,
bathrooms, stairways, circulation corridors and mechanical areas and storage areas used
solely by tenants on the site.
4. Uses Not Listed. The number of required off-street parking spaces for any use not
LAND USE REGULATIONS 4-5 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS
specifically listed in Table 4-120, "Minimum Off-Street Parking Standards For Each Use",
shall be determined by the Planning Commission, considering a report and
recommendation by the Planning Director. The report shall identify the standards for any
similar uses listed in Table 4-120, "Minimum Off-Street Parking Standards For Each Use",
and shall also identify other potentially applicable standards contained in recognized
publications or used in communities similar to Eagle County.
B. Off-Street Loading Required. Buildings or structures that are designed to receive and distribute
materials and merchandise by truck, or that are substantially altered so as to receive and distribute
materials and merchandise by truck, shall provide and maintain off-street loading berths or loading
spaces in sufficient number to meet their own need.
Where the property or use is served or designed to be served by tractor-trailer delivery vehicles,the
following standards shall be used in establishing the minimum number of off-street loading berths
required:
Gross Floor Area Number of
of the Building Required Loading Berths or Spaces
Up to 10,000 sq. ft. 1
Greater than 10,000 sq. ft. 2
SECTION 4-130. GENERAL STANDARDS FOR PARKING AND LOADING
AREAS
A. Continuing Obligation. The provision and maintenance of off-street parking and loading spaces
that comply with the standards of this Division shall be a continuing obligation of the property
owner.
1. Spaces Shall Be Shown With Building Permit Application.No building permit shall be
issued until plans are presented showing the area that will be made available for exclusive
use to meet the applicable off-street parking and loading standards. A plan drawn to scale,
indicating how the applicable off-street parking and loading standards will be fulfilled,
shall accompany an application for a building permit.
2. Spaces Shall Remain Available. Any subsequent use of property for which the building
permit is issued shall be conditional upon the unqualified continuance and availability of
parking and loading spaces that comply with the standards of this Division.
3. Change of Use. Should the owner or occupant of any lot or building change the use to which
the lot or building is put,thereby increasing off-street parking and loading requirements,it shall
be unlawful and in violation of these Regulations to begin or maintain such altered use until
such time as the increased off-street parking and loading requirements are complied with.
LAND USE REGULATIONS 4-6 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-1 OFF-STREET PARKING AND LOADING STANDARDS
B. Prohibited Uses of Required Spaces.Required parking spaces shall be available only for the parking
of operable passenger automobiles of residents, guests, customers, patrons, and employees of the use
for which they are required. Prohibited uses of required parking spaces shall be as follows:
1. Inoperable Vehicles or Materials. Inoperable vehicles or materials shall not be stored in
required parking spaces.
2. Delivery Vehicles.Delivery vehicles or trucks used in conducting the business or use shall
not be parked in required parking spaces during business hours,but may be parked in such
spaces for overnight storage or parked in designated additional spaces during business
hours or for overnight storage.
3. Vehicles for Sale.Vehicles shall not be displayed for sale in any parking area required for
a non-residential use, except for the casual display of a vehicle by its owner, when the
owner is an employee or customer using the premises.
4. Repair Work. Repair work shall not be conducted in any parking area required for a non-
residential use if the repairs render a vehicle inoperable for periods of more than twenty-
four(24)hours.
5. Commercial Vehicles on Residential Property. Commercial vehicles or heavy
equipment used in a business operation shall not be parked in required parking spaces for
a residential use,unless the commercial vehicle is used for a permitted home occupation or
is a company vehicle used for commuting that is parked overnight.
C. Location of Required Parking Spaces. Required off-street parking spaces shall be located as
follows:
1. On The Same Lot. On the same lot as the structure the spaces are intended to serve; or
2. Within a Common Assigned Parking Area. Within a common assigned parking area
under the ownership of the individual owners of, and within the same development as,the
use the spaces are intended to serve, unless specific arrangements have been approved by
the Planning Commission, considering a report and recommendation by the Planning
Director.
D. Loading and Unloading. Loading and unloading of vehicles serving commercial and industrial
uses shall be conducted on private property and not on any street or alley.
SECTION 4-140. DESIGN STANDARDS FOR PARKING AND LOADING AREAS
A. Standards. The design standards for the Parking and Loading Areas shall be as set forth in the
Engineering Criteria Manual,Design Standards for Parking and Loading Areas. (am. 12/01/24)
LAND USE REGULATIONS 4-7 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS
DIVISION 4-2. LANDSCAPING AND ILLUMINATION STANDARDS
SECTION 4-200. PURPOSE (am.5/16/06)(am.12/11/07)
A. Purpose. The purpose of this Division is to provide standards for landscaping,water conservation
relative to landscaping, and illumination of development within unincorporated portions of Eagle
County, so as to maintain and enhance the character of residential neighborhoods, commercial
centers and industrial areas. This is accomplished by:
1. Setting minimum standards for planting within residential and non-residential
development and associated parking areas;
2. Promoting and facilitating water conservation through the efficient utilization of water for
irrigation purposes;
3. Preventing degradation of water resources and related aquatic environments due to soil
erosion and low stream flow events.
4. Preventing property damage due to improper drainage.
5. Minimizing unsightliness through the use of landscape buffers and screening around and
between the County's more intensively developed areas.
6. Eliminating the spread of noxious weeds or invasive plant species.
7. Establishing standards to prevent illumination from becoming a nuisance to neighboring
properties or to motorists,while allowing illumination necessary for safety purposes.
SECTION 4-210. APPLICABILITY
These regulations are applicable to all new construction in the unincorporated territories of Eagle County,
and shall supersede the provisions of any previously approved Planned Unit Development which may
contain language contradictory in nature to the intent of these regulations. In the event that a previously
approved Planned Unit Development documents, including the Preliminary Plan, the PUD Guide and all
supporting materials contain language which is more restrictive than the language found in these
regulations,then the more restrictive language shall apply. The standards of this Division shall apply except
as follows: (am.12/11/07)
A. Existing Structure. The standards of this Division shall not apply to remodeling, repair,
restoration or alteration of an existing structure. However, additions or expansions that increase
the footprint of a commercial, industrial or multi-family structure by more than twenty-five (25)
percent and any landscape berms not previously approved through the Subdivision, PUD or
building permit process shall comply with the standards of this Division to the maximum extent
possible. Additions or expansions that increase the footprint of a single family or duplex structure
by more than twenty-five(25)percent shall submit landscaping plans that indicate adherence to
LAND USE REGULATIONS 4-8 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS
the landscape water conservation principles contained herein to the maximum extent practicable.
In applying this standard to additions or expansion of pre-existing development the property owner
may not be required to remove any existing established landscaping including turf grass that was
installed on the property in accordance with the provisions of these Land Use Regulations, PUD
Guides, Covenants or Design Guidelines that applied at the time of the installation. The Planning
Director may require sprinkler system upgrades pursuant to these regulations, if a significant
improvement to water conservation over existing conditions is achievable. (am.5/16/06)(am.12/11/07)
B. Governmental Entities. Governmental entities responsible for providing recreational amenities
including public recreation fields,sports fields,public golf courses and play areas shall be exempt.
(orig.12/11/07)
C. Golf Courses. Public and private golf courses shall be exempt; although water conservation
practices should be implemented on golf courses to the greatest extent practicable. (orig.12/11/07)
D. 35 Acre Parcels. The standards of this Division shall not apply to Use by Right residential use on
parcels thirty five(35)acres or greater in size within the Resource Zone District. (am.12/11/07)
SECTION 4-220. LANDSCAPE PLAN
A. Landscape Plan Required. A landscape plan for all multi-family, commercial and industrial
development, prepared by a person who by reason of special knowledge of the principles and
methodology of landscape architecture and landscape design acquired by professional education,
practical experience, or both, is qualified to engage in the practice of landscape architecture and
whose competence has been attested through certification as a landscape architect within the State
of Colorado, shall be submitted for review as part of an application for building permits and other
development applications within Eagle County, except that development specifically exempted in
Section 4-210,Applicability. (am.12/11/07)
A landscape plan for all single-family and duplex residential structures shall be submitted for
review as part of an application for building permit within Eagle County, except that development
specifically exempted in Section 4-210, Applicability. The landscape plan is not required to be
prepared by a certified landscape architect unless the habitable space of the single-family residence
contains more than 5,000 square feet or 10,000 square feet for both halves of a residential duplex
structure combined. In these instances,the landscape plan shall be prepared by a certified landscape
architect. The landscape plan shall address the following types of issues: (am.12/11/07)
1. Proposed Residential Subdivisions and PUD's. The landscape plan that accompanies a
proposed residential subdivision or PUD is intended to address issues such as where and
what type of trees and other landscaping will be placed,how common areas will be treated,
how areas graded or otherwise disturbed during development will be re-vegetated,
during development will be re-vegetated, how landscaped areas will be irrigated and
similar concerns. It is not anticipated that landscaping for individual
LAND USE REGULATIONS 4-9 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS
residential lots will be addressed in the landscape plan for Subdivisions or PUD's.
Regulations governing Public Rights of Way and specified clear zones,pursuant to Chapter
5-30.01 and Article 4-230.A39.a of these Land Use Regulations, must be applied. (am
3/12/02)(am.12/11/07)
2. Single-Family and Duplex Lots. The Landscape plan that accompanies building permit
applications for single-family and duplex residential structures is intended to address the
protection of existing plants, grading, revegetation of disturbed areas and water
conservation. (am.12/11/07)
3. Commercial, Industrial, Multi-Family and Other Development. The landscape plan
that accompanies a proposed commercial, industrial, multi-family or other type of
development is intended to address how areas that are not covered by impervious surfaces
will be treated and how such developments will be buffered from surrounding land uses
and major streets or roads. (am.12/11/07)
B. Conceptual Landscape Plan. The landscape plan submitted with a Preliminary Plan for
Subdivision or Sketch Plan for PUD shall be a conceptual plan illustrating the overall intent of the
applicant with regard to landscaping of commercial and industrial development, multi-family
development and common areas / open space located within single-family and duplex residential
development. Site specific landscape plans for single-family and duplex residential lots shall be
required with application for building permit. Areas where trees, shrubs and ground cover will be
preserved, removed or replaced shall be identified. Proposed landscape areas shall be labeled, to
identify the type of landscaping planned and the general size and number of plants that are intended
to be installed. (am.12/11/07)
C. Detailed Landscape Plan. The landscape plan submitted with a Final Plat for Subdivision or
Preliminary Plan for PUD or building permit for a single-family or duplex residence or for any
other development requiring a landscape plan shall be a detailed plan showing how the applicant
intends to landscape the development. It shall contain the following materials: (am.12/11/07)
1. Drawing. A dated, scale drawing, including topographic information at two (2) foot
contour intervals,locating all lot lines and improvements to the property and any easements
of record. The drawing shall identify all existing deciduous trees and coniferous trees of
six inches(6")in caliper or greater that illustrates which trees will be preserved and which
will be removed or relocated,areas where other existing vegetation will either be preserved
or removed, and the type, location,size and number of plants that will be installed. Where
it would be impractical to identify each tree, the drawing shall outline the dimensions of
groves of existing and proposed trees. The drawing shall also show proposed earthen
landscape berms, and where, how and what type of irrigation is to be provided. The size,
quantity, common name and botanical name of plants used, including ground cover shall
be labeled. When seed mixtures are used, the percentages of grass and/or wildflower
mixtures and seed application rates shall be specified. (am.5/16/06)(am.12/11/07)
2. Calculations. A summary of all calculations used to determine the landscaping required
LAND USE REGULATIONS 4-10 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS
for the site shall be provided, whenever applicable. The area of the property that is
proposed to be landscaped shall be identified in square feet and as a percentage of the entire
property. For single-family and duplex structures, the area proposed to be treated with
irrigated turf shall also be measured in square feet and clearly indicated. For required
landscaping of parking lots,the amount of the site proposed to be covered by parking areas
and the number of parking stalls to be provided shall also be identified. (am.12/11/07)
3. Cost Estimate. With the exception of single-family and duplex structures, an estimate of
the cost of supplying and installing the materials depicted in the landscape plan shall be
provided. (am.12/11/07)
4. Erosion Control.A description of how erosion will be controlled on-site during and after
construction shall be provided either on the landscape plan or in an associated Construction
Management Plan. (am.12/11/07)
5. Maintenance Program. With the exception of single-family and duplex structures, a
description of the proposed program to maintain the landscaping after it has been installed
shall be provided. (am.12/11/07)
SECTION 4-230. LANDSCAPING DESIGN PRINCIPLES,STANDARDS AND MATERIALS
A. Landscaping Principles Applicable to All Development. (am 12/11/07)
1. Landscape developments shall be designed and installed to maximize the conservation of
water by incorporating the following seven (7) basic principles to the greatest extent
practicable:
a. Landscape improvements should be carefully planned and designed according to
water and maintenance needs. (am 12/11/07)
b. The extent of turf should be limited to areas where it can be efficiently watered.
(am 12/11/07)
C. The most efficient irrigation water delivery systems should be used. (orig. 12/11/07)
d. Where necessary, the water holding capacity of the soil should be improved
through the addition of soil amendments. (orig. 12/11/07)
e. Final soil surfaces should be covered with organic or inorganic mulches to
control soil temperatures and retain moisture. (orig. 12/11/07)
f. New plants should be hardy and drought tolerant, and should be grouped
according to sun and moisture needs. (orig. 12/11/07)
g. All landscaping and irrigation systems should be routinely maintained to insure
LAND USE REGULATIONS 4-11 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS
proper function and adjusted to accommodate changes over time. (orig. 12/11/07)
h. All landscapes should be regularly maintained with approved methods by the State
of Colorado to eliminate noxious weeds or invasive plants as found on the current
County noxious plant material list. (orig. 12/11/07)
B. Location and Irrigation Standards for Required Landscaping. (orig. 12/11/07)
1. Single Family and Duplex Lots. All portions of lots disturbed by construction and not
covered by impervious materials shall be landscaped in a manner consistent with the unique
ecosystem and specific environment in which the lot is located. Turf grass shall specifically
not be allowed on slopes steeper than 3:1. (orig. 12/11/07)
2. Multi-Family, Commercial and Industrial Development. All portions of lots in
residential zones containing multifamily dwellings and all portions of lots in the
Commercial Limited (CL), Commercial General (CG), Industrial (I) zone districts and
Planned Unit Developments (PUD), as applicable, disturbed by construction and not
covered by impervious materials shall be landscaped. Landscaping shall also be installed
to effectively buffer proposed commercial or industrial uses from surrounding residential
uses and to provide a landscaped buffer along collector and arterial streets or roads.
Regulations governing Public Rights of Way and specified clear zones,pursuant to Chapter
5-30.01 and Article 4-230.A.9.a of these Land Use Regulations,must be applied.(am 3/12/02)
(orig. 12/11/07)
3. Subdivision, Planned Unit Development (PUD) and Cluster Development.
Landscaping shall be provided in a residential subdivision, planned unit development or
cluster development, in a manner which is most consistent with the character planned for
the development, the unique ecosystem and specific environment in which the
development is located. Water intensive landscape treatments and turf areas should be
minimized to the greatest extent practicable and in conformance with the principles and
standards of this Division 4-2. Irrigated turf should not be used as a treatment in traffic
medians. Where units are developed in clusters, landscaping should also be provided
around clusters of units, to create a buffer between denser clusters and lower density and
open areas. Landscaping should preserve or replace existing trees,shrubs and ground cover
in areas disturbed by development to the greatest extent practicable while remaining in
conformance with Section 4-430, Development in Areas Subject to Wildfire Hazards and
Chapter III,Section 3.12.1,Wildland Fire Regulation of these Land Use Regulations. (orig.
12/11/07)
4. Irrigation. Irrigation Plans submitted shall depict a water efficient design responsive to
different site water needs based on aspect,exposure,soil conditions and surface treatments.
Sketch and Preliminary Plan Applications for Subdivision or PUD shall indicate in text
or on a plan the method of irrigation for specific areas (natural un-irrigated, flood
irrigation,sprinkler system,drip system, etc.) Applications for Final Subdivision Plat and
PUD Final Plat shall include detailed irrigation plans and specifications. Detailed site
specific irrigation plans for single-family and duplex
LAND USE REGULATIONS 4-12 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS
residential lots will be required with application for building permit. (See also Section
4-240.A.5 Installation and Maintenance Requirements, Irrigation System) (orig. 12/11/07)
a. Use of Raw Water. Developments on land that has access to agricultural irrigation
water rights are required to design and utilize a separate raw water system to
accommodate all long term landscape irrigation needs. (orig. 12/11/07)
b. Limitation on Pop-up Spray Heads. The use of above-ground, pop-up spray
heads shall be limited to manicured turf areas only. Drip, micro jet or other low
water consumptive water delivery systems shall be used for all other planted areas.
(orig. 12/11/07)
(1) Exception for Temporary Irrigation. Non-permanent spray systems
may be used on a temporary basis to promote seed germination in
revegetated areas. Irrigation shall be discontinued once a healthy stand of
vegetation has been established. (orig. 12/11/07)
(2) Exception for Homes in Areas of Moderate,High or Extreme Wildfire
Danger Above ground spray heads may be used to irrigate landscape
improvements within the 15 foot "Zone 1" defensible space area for
homes located in areas of moderate,high or extreme wildfire danger. (orig.
12/11/07)
(3) Exception for "dirty" water. In those instances where un-filtered
irrigation water precludes the use of drip, micro-jet or other low water
consumptive delivery systems, alternative water delivery systems may be
used to irrigate landscape improvements. (orig. 12/11/07)
5. Living Cover.All required landscape areas shall be landscaped. Non-living ground cover
is encouraged, to the greatest extent practicable in the drier climates of the County, and
may include decorative gravel, bark mulch, river rock or similar materials. Decorative
elements, such as walks, decks, terraces, water features and similar treatments may be
provided. (am 12/11/07)
6. Plants Compatible with Local Conditions. All plants used for landscaping shall be
compatible with the local climate and the soils, drainage and water conditions of the site.
When planting occurs on hillsides, slopes, drainage ways or similar natural areas, plant
material should duplicate adjacent plant communities both in species composition and
spatial distribution patterns. Whenever possible, landscaping should consist of drought-
resistant varieties and employ low water consumptive design principles. Plant varieties
adapted to local soil conditions and exposures should be used for all areas scheduled for
drip irrigation. (am 12/11/07)
7. Save Existing Vegetation. The landscape plan shall be designed so that healthy trees,
native vegetation and natural or significant rock outcroppings and other valued features are
preserved and integrated with planted areas. Existing trees and shrubs that are
LAND USE REGULATIONS 4-13 EAGLE COUNTY,COLORADO
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Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS
preserved shall count toward the landscaping standards of this Division. Any existing tree
in healthy condition of six(6)inches in caliper or greater that is retained may be substituted
for two(2)required trees. Conformance with Section 4-430,Development in Areas Subject
to Wildfire Hazards and Chapter III, Section 3.12.1, Wildland Fire Regulation of these
Land Use Regulations must be adhered to when determining which existing trees and
shrubs to preserve. Additionally,vegetation to be preserved must comply with any Wildlife
Enhancement Plans included as part of a subdivision and/ or Planned Unit Development
approval. (am 12/11/07)
8. Type and Extent of Sod Turf grasses can be high water consumptive plants. Where turf
is allowed, drought tolerant turf grasses should be used, unless anticipated uses (sports
fields, high traffic areas) specifically require more resilient species. In addition to the
avoidance of slopes steeper than 3:1, the following turf area restrictions shall apply to
single-family and duplex lots: (orig. 12/11/07)
a. Residential structures with habitable space of 2000 square feet or less shall be
limited to 3000 square feet of irrigated turf,as depicted on the landscape plan.(orig.
12/11/07)
b. Residential structures with habitable space that exceeds 2000 square feet shall be
limited to 3000 square feet of irrigated turf,plus 30%of the increment of habitable
space exceeding 2000 square feet,as depicted on the landscape plan. (orig. 12/11/07)
C. The maximum amount of irrigated turf for any single family or duplex residential
structure or lot shall be 5000 square feet. (orig. 12/11/07)
d. Allowance for Lots Bordering Golf Course. Single Family and Duplex lots
immediately adjacent to manicured turf areas of golf courses shall be allowed an
additional 1500 square feet of turf within the side yard or rear yard setback in order
to facilitate an appropriate blending of manicured landscape elements. (orig.
12/11/07)
e. Exemptions to Irrigated Turf Limitations. The Director of Community
Development may exempt homes from the above turf area restrictions if it can be
clearly demonstrated that the addition of irrigated turf over and above that allowed
will not result in the use of more water than would otherwise have been consumed
by a landscape plan conforming to these standards. A written request for
exemption is required,and should include details regarding the raw water delivery
system, water rights information, a letter from the water provider, ditch operator
plan details, specifications, Design Review Board or Home Owners Association
approval and any other information deemed relevant by the Director. (orig. 12/11/07)
9. Minimum Size. Landscaping within a clear vision area shall comply with the height
limitations of Section 4-230.B.13.a., Clear Vision Area. Otherwise, trees and shrubs
depicted on the landscape plan shall be of at least the following minimum size at the time
LAND USE REGULATIONS 4-14 EAGLE COUNTY,COLORADO
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ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-2 LANDSCAPING AND ILLUMINATION STANDARDS
of their planting, unless a larger tree size is specified in any applicable development
permit for buffering, screening or planting on the subject property. (am 12/11/07)
a. Deciduous Trees. Deciduous trees shall be a minimum of one and one-half
(1-1/2) inches in caliper,measured four(4) feet above the ground. (am 12/11/07)
b. Coniferous Trees. Coniferous trees shall be a minimum of four(4)feet in height,
measured from the top of the root ball to the top of the tree. (am 12/11/07)
c. Ornamental Trees. Ornamental and flowering trees shall be a minimum of one
and one-half(1.5) inches in caliper, measured four(4) feet above the ground. (am
12/11/07)
d. Shrubs and Vines. Shrubs shall be in a minimum three(3)gallon container, and
shall be a minimum of one (1) to two (2) feet in height. Vines shall be in a
minimum one(1)gallon container. (am 12/11/07)
10. Minimum Number of Trees and Shrubs within Required Landscape Area. Landscape
areas that are provided in order to comply with the maximum lot coverage standards of the
Residential Multi-Family (RMF), Residential Suburban Medium Density (RSM),
Residential Suburban Low Density (RSL), Commercial Limited (CL), Commercial
General (CG), Industrial (I) and Rural Center (RC) zone districts shall comply with the
applicable standards from Table 4-230, Number of Trees and Shrubs Within Required
Landscape Area.
TABLE 4-230
NUMBER OF TREES AND SHRUBS WITHIN REQUIRED LANDSCAPE AREA*
Dimensions of Required Landscape Area Minimum Number of Required Trees and
Shrubs
Ten(10)to fifteen(15)feet in width One (1) tree and six (6) shrubs per two
hundred-fifty(250)sq. ft. of landscaped area
Fifteen(15)to twenty-five(25)feet in width One(1)tree and six(6)shrubs per two hundred-
seventy-five(275) sq. ft. of landscaped area
More than twenty-five(25)feet in width One (1) tree and six (6) shrubs per three
hundred(300) sq. ft. of landscaped area
Note * See text of Section 4-230 B.7 to determine applicability of these standards. (am 12/11/07)
11. Trees within a Paved Area.Any tree planted within a paved area shall be placed in a tree
vault and shall have a tree grate installed around its trunk. A structural soil mix
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composed of the following three components mixed in the following proportions by weight
is required: crushed stone (100 parts); clay loam (20 parts), and; hydrogel (0.03 parts)
which provides support for the paved system while allowing for the expansion of the root
system. (am 12/11/07)
12. Parking and Storage Prohibited. Areas required as landscaping shall not be used for
parking, outdoor storage and similar uses, but may be used for snow storage if properly
designed for this function. Hardy tree and shrub species appropriate for planting in snow
storage areas should be utilized in designated snow storage areas. (am 12/11/07)
13. Obstructions Prohibited.
a. Clear Vision Area. A clear vision area shall run along property lines and along
the entrance to the site. Plant materials shall be limited to thirty (30) inches in
height at maturity within the clear vision area,so as to avoid visibility obstructions
or blind corners at intersections. (am 12/11/07)
b. Fire Hydrants and Utilities.Landscaping shall be installed so it does not obstruct
fire hydrants or utility boxes and so it will not grow into any overhead utility lines.
c. Street Trees.Any tree planted along the street shall be located a minimum of five
(5) feet from the curb or the edge of the street,to provide room for snow plowing,
street maintenance and opening of car doors. The installation of street trees and
associated irrigation systems shall be subject to review and inspection by the
County Engineering Department and, for planting along public streets or roads
only, the County Road and Bridge Department, to ensure the trees do not create
use conflicts or safety hazards and to determine maintenance responsibilities for
the trees. (am 12/11/07)
14. Standards for Landscape Berms. Earthen landscape berms shall conform to the
following processes and standards: (prig. 05/16/06)
a. Pursuant to Section 4-660.A.2, Excavation and Grading Standards, proposals for
landscape berms not previously approved through the Subdivision, PUD or
building permit process must obtain a grading permit or an exemption from a
grading permit from the Eagle County Engineer.
b. All berms shall conform to Section 4-230 B.13.a.,Clear Vision Area.
c. All berms shall conform to dimensional limitations listed under Section 3-
340.C.4,Fence,Hedge,Wall or Berm. Proposals for earthen berms not conforming
to Section 3-340:C.4, Fence, Hedge, Wall or Berm, shall be required to obtain
approval from Eagle County as detailed in Section 4-230.B.15, Approval Process
for Large Landscape Berms.
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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
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(3) Any other information, analysis or study as deemed relevant and
appropriate by the Director of Community Development
b. Determination. Based upon review of the application material and the
information obtained at the pre-application meeting, the Director may determine
that a Finding of No Significant Impact(FONSI) is warranted.
(1) Finding of No Significant Impact(FONSI). The Director of Community
Development may determine that a Finding of No Significant Impact
(FONSI) should be issued if the construction of the berm in its proposed
location is consistent with the spirit and intent of related standards and is
unlikely to have any significant adverse impact to adjacent properties or
public resources or amenities. In the instance that a FONSI is made, and
upon expiration of the reconsideration period described below, the
applicant may pursue obtaining a Grading Permit for the construction of
the berm.
(2) Notice of Director's Determination of a FONSI.
(a) Upon the Director's Determination of a FONSI,the Director shall
notify the applicant by mail,and shall notify the Board,the County
Administrator and the County Attorney of the Determination by
e-mail or memorandum.
(b) The Notice of Director's Determination of the FONSI shall be
published once in the County legal newspaper not more than
fourteen (14)days following the Determination. The notice shall
describe the Project and the procedure for requesting
reconsideration as set forth below.
(3) Reconsideration of Director's Determination of a FONSI.
(a) Call-up by the Board. Within fourteen(14)days after publication
of the Director's Determination of a FONSI,the Board may decide
to reconsider the Determination. Such reconsideration shall be
made at the next regularly scheduled meeting of the Board for
which proper notice can be accomplished.
(b) Request for Reconsideration by Affected Party. Any affected
party seeking a reconsideration of the Director's Determination of
a FONSI shall file a written request with the Board within fourteen
(14)days of the date of publication in the newspaper of the Notice
of the Director's Determination of the FONSI. The Board shall
reconsider the Director's Determination of the FONSI at the next
regularly scheduled meeting for which proper
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notice can be accomplished. The affected party may request a
reasonable extension if necessary.
c. Approval Required. If the Director determines that a Finding of No Significant
Impact(FONSI)is not appropriate,the application will be forwarded to the Board
of County Commissioners for consideration. At a public hearing, the Board of
County Commissioners shall consider the application, the relevant support
materials, and any public testimony. After the close of the public hearing, the
Board may uphold the Director's determination, overturn the Director's
determination or overturn the Director's determination with conditions.
C. Landscaping Standards Within Off-Street Parking Areas. All off-street parking areas
containing fifteen (15) or more spaces, except for enclosed or sub-grade parking structures, shall
provide the following forms of landscaping: (am 12/11/07)
1. Planting Strips. There shall be a planting strip provided along all property lines where a
street right-of-way is located adjacent to the parking area.
a. Width.The planting strip shall have a minimum width of ten(10)feet.
b. Screen.A minimum of eighty(80)percent of the length of the planting strip shall
be used to screen the parking area from the street. The screen shall be a minimum
of thirty (30) inches in height and may consist of a berm, wall, plant material or
combination thereof, however, the clear vision area shall be maintained. See
related standards under 4-230.A.10, Standards for Landscape Berms, and Section
3-340.C.4,Dimensional Limitations for Fence,Hedge,Wall or Berm. (am. 5/16/06)
c. Trees.A minimum of one(1)tree shall be planted for every twenty-five(25)linear
feet of the planting strip. The trees may be grouped together,provided the grouping
does not leave a gap between individual trees or tree groups that exceeds forty(40)
feet. (am 12/11/07)
2. Interior Planting Areas.Planting areas shall be established to break up the interior of all
parking areas.
a. Minimum Area.A minimum of five(5)percent of the interior area of the parking
area shall be required landscaping.
b. Islands. One (1) planting island that is a minimum of six (6) feet wide shall be
provided for every fifteen (15) parking spaces. The planting islands shall be
dispersed throughout the parking area,to provide visual relief and shade.
c. Parking Rows.Where double rows of parking are planned,there shall be a center
planting strip installed that is a minimum of seven (7) feet wide. Where
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any parking row is adjacent to a circulation way,there shall be a planting strip
installed that is a minimum of seven(7)feet wide.
d. Trees. There shall be a minimum of one (1) tree planted in each planting island.
Within each planting strip, there shall be a minimum of one (1) tree planted for
every twenty-five(25) linear feet of planting area.
SECTION 4-240. INSTALLATION AND MAINTENANCE REQUIREMENTS
A. For All developments Except Single Family and Duplex Lots.
1. Collateral. Prior to the issuance of any development permit, the Planning Director may
require the applicant to submit to the County a surety or cash bond, letter of credit or other
collateral found to be suitable by the County Attorney to guarantee the installation of the
required landscaping and irrigation system. The collateral shall be in an amount equal to
one hundred-twenty-five (125) percent of the total cost of supplying and installing the
materials depicted in the approved landscape plan,based on the cost estimate provided by
the applicant and accepted by the County. When collateral has not been required to be
submitted prior to the issuance of a development permit, then no certificate of occupancy
shall be issued for any portion of the development until the required landscaping has been
installed or until a suitable collateral has been provided to guarantee that required
landscaping will be installed within the first planting season following occupancy of the
property. Collateral shall not be required for the landscaping and irrigation systems on
individual single-family or duplex residential lots. (am 12/11/07)
2. Certification and Release. Following installation of the required landscaping, the
applicant shall certify that the landscaping has been installed in conformance with the
approved plan. The performance guarantee shall be released within ten(10)working days
following receipt of the certification and inspection by the County.
3. County Use of Security. In the event the landscaping for items contained within the cost
estimate is not installed,or is installed in a manner that does not conform with the approved
plan, the County may draw upon the security to bring the landscaping into conformance
with the approved plan.
4. Required Time For Completion. All required landscaping shall be installed within the
first planting season following occupancy of the property. When phasing of a project's
construction is approved, then installation of required landscaping may be phased
consistent with the project's approved development phasing. For the purposes of this
regulation,planting season begins April lst and extends through October 31st. (am 12/11/07)
5. Irrigation System. Irrigation shall only be applied to that portion of the landscaped area
that is live cover that cannot be naturally sustained with adequate moisture for the types of
plants existing or installed. With the exception of exemptions listed in Section 4-
230.A.3.b,the use of above-ground spray heads shall be limited to manicured turf areas
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only. Drip,micro jet or other low water consumptive water delivery systems shall be used
for all other planted areas. A non-potable raw water system should be utilized whenever
practical, so long as it can be demonstrated to be an efficient and environmentally
conscientious approach to the satisfaction of the Planning Director.The use of other water-
conserving techniques such as Smart Controllers (Smart Controllers measure the site-
specific soil moisture content,temperature,wind speed, soil type and can be programmed
for different plant types) grey water systems, the avoidance of day-time irrigation,the
installation of rain sensors, and the design of irrigation zones that accommodate the
physical characteristics of the site and/or the groupings of vegetation installed must be
employed to the greatest extent practicable. (am 12/11/07)
6. Maintenance.All landscaping shall be healthy at the time of its installation and shall meet
the standards of the American Association of Nurserymen. Landscaping shall be
maintained so that it remains alive, or replacement is required and shall be enforced
pursuant to Chapter I, Section 1.14 Enforcement of these land use regulations. (am 12/11/07)
a. Landowner Responsible. Maintenance of landscaped areas shall be the
responsibility of the landowner.
b. Replacement. Landscaping that does not survive within the first three (3) years
after it is planted shall be replaced within three(3)months after it perishes, unless
that date is not during a planting season, in which case it shall be replaced during
the first month of the next planting season. The replacement vegetation shall be
similar in size, type and amount to the vegetation that perished, so the integrity of
the landscape plan is preserved and shall be in compliance with any approved
Wildlife Enhancement Plans included as part of a subdivision and/or Planned Unit
development approval. (am 12/11/07)
c. Noxious Plant Materials.Weed control shall be required.Plant materials as listed
on the most current noxious plant material list adopted by the Board of County
Commissioners shall not be allowed as landscaping, and must otherwise be
managed in compliance with applicable State and County regulations. (am 12/11/07).
B. For Single Family and Duplex Lots (orig. 12/11/07)
1. Required Time For Completion. Notwithstanding requirements related to any other
applicable permits, unless provided by the terms of deed restrictions, a subdivision
improvements agreement or the terms of the Planned Unit Development documents, the
owner of a single-family or duplex residence shall be required to complete installation of
the landscaping, per the approved plan, within one growing season after receiving a
Certificate of Occupancy. For the purposes of this regulation,growing season begins April
1st and extends through October 31S`
•
2. Irrigation System. Irrigation shall only be applied to that portion of the landscaped area
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that is live cover that cannot naturally be provided with adequate moisture for the types of
plants existing or installed. The use of above-ground spray heads shall be limited to
manicured turf areas only. Drip,micro jet or other low water consumptive water delivery
systems shall be used for all other planted areas. The use of non-potable or raw water
irrigation systems, wherever practical, efficient and environmentally conscientious, is
required. To the greatest extent practicable, the landowner is else encouraged to employ
other water-conserving techniques such as the avoidance of day-time irrigation, the
installation of rain sensors, Smart Controllers(Smart Controllers measure the site-specific
soil moisture content, temperature, wind speed, soil type and can be programmed for
different plant types) and the efficient design of irrigation zones that accommodate the
physical characteristics of the site and/or the groupings of vegetation installed.
3. Maintenance Responsibility. The landowner shall be responsible for the maintenance of
all landscaped areas. Periodic weed control shall be required,and plant materials listed on
the most current noxious plant material list adopted by the Board shall not be allowed as
landscaping, and must otherwise be managed in compliance with applicable State and
County regulations.
SECTION 4-250. ILLUMINATION STANDARDS
A. Purpose. This section establishes standards for controlling illumination to prevent intense glare
or direct illumination that would create a nuisance detract from the use or enjoyment of adjoining
property or cause traffic hazards to motorists.
B. Standards. Exterior illumination shall not cast glare directly onto adjacent properties. Low
Pressure Sodium (LPS) lamps are the preferred illumination source but other sources can be
considered depending upon the filtering, shielding,height and number of sources. Mercury vapor
lamps are discouraged. Streetlights used for illumination of public ways are encouraged to be 20
feet or less in height. Outdoor lighting used for decorative effects (architectural illumination, flag
and monument lighting,illumination of trees,bushes,etc.)should be located,aimed,or shielded so
as to minimize stray light trespassing across property boundaries.
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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.
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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
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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.
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J. Signs Without Adequate Clearance From Power Lines. Signs that have been constructed or
maintained with less horizontal or vertical clearance from authorized communication or
energized electrical power lines than that prescribed by State law.
K. Off-Premises Signs. Signs not located upon the property or business identified or advertised
by the sign.
L. Vehicle Signs. Signs placed on vehicles or trailers that are parked or located for the apparent
purpose of advertising a product, service or activity or to direct people to a business or activity
located on the premises or nearby.
M. Portable Signs. Portable or wheeled signs or advertising devices, except for operable and
licensed motorized vehicles and licensed trailers used in the pursuit of regular daytoday
business having the name of the permitted use(s) or service(s)offered.
N. Obsolete Signs. Signs that are located on property that becomes vacant and unoccupied for a
period of six (6) months or more, or a sign that pertains to a time, event or purpose that no
longer applies shall be considered obsolete. The sign face of an obsolete sign shall be removed
by the owner of the sign or the owner of the property. A sign that is not so removed by the
owner may be removed by the Planning Director, as authorized by Section 4-370, Violations
and Penalties. Provided, however, that the following types of signs shall be excepted from
these provisions:
1. Exception for Change of Ownership. Permanent signs displayed on a business
temporarily suspended because of a change of ownership or management of the business
shall not be construed to be obsolete unless the property remains vacant or the business
is closed for a period of six(6)months or more.
2. Exception for Seasonal Business.Permanent signs displayed on a business that is open
only on a seasonal basis shall not be construed to be obsolete unless the property remains
vacant or the business is closed for a period of twelve(12)months or more.
O. Obscene Signs.Signs or pictures of an obscene,indecent or immoral character,such as will offend
public morals or decency in accordance with constitutional standards.
P. Three Dimensional Signs.Three(3)dimensional signs,such as statues,real or simulated,utilized
for advertising purposes.
Q. Balloons. Balloons or similar types of lighterthanair objects tethered to the ground by lines or other
methods, except for those used in conjunction with special events that do not exceed three
(3)days in duration.
R. Signs on Natural Features. Signs painted on rocks or other natural features.
LAND USE REGULATIONS 4-26 EAGLE COUNTY,COLORADO
Article 4
Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-3 SIGN REGULATIONS
SECTION 4-330. SIGN STANDARDS APPLICABLE IN ALL ZONE DISTRICTS
A. Relationship to Other Regulations. The County's sign standards recognize other regulations
pertaining to signage (such as the State of Colorado, Department of Highways, "Rules and
Regulations Pertaining to Outdoor Advertising," effective January 1, 1984). Where any provision
of this Section covers the same subject matter as other applicable regulations, the more restrictive
regulation shall apply.
B. Signs Limited to On-Premises Advertising. Signs shall identify or advertise interests conducted
only on the lot of the sign location.
C. Comprehensive Sign Plan. All buildings or lots containing more than one (1) business shall be
required to submit a comprehensive sign plan showing all proposed signage in the building or lot.
The comprehensive sign plan shall allocate to individual businesses their portion of the total sign
area permitted for the building or lot. It shall also contain provisions that ensure that all signs in
the building or on the lot will have a consistent appearance in terms of color, size, shape, lettering,
graphics and illumination.
D. Conform to Other Codes. Signs and sign structures shall be designed and constructed to conform
to the National Electric Code, including but not limited to consideration for wind loads, seismic
loads, allowable stresses, materials and anchorage requirements. The following shall also be
required: (am. 12/01/24)
1. Safety Standards.
a. Wind Load. Signs over ten (10) feet in height and/or forty (40) square feet in
surface area shall be engineered to withstand a wind loading of a minimum of thirty
(30)pounds per square foot of sign area without failure of face retention system or
sign structure. Engineering data sufficient to prove the reliability of the structure
and the foundation shall be submitted with the drawings at the time of permit
application.
b. Electric Wiring. Electrical wiring for energizing an electrical sign shall be
underground, in the case of freestanding signs, and behind the sign cabinet, in the
case of wall or projecting signs. All electrical work shall be in conformance with
the National Electric Code, which may require an electrical permit that will be
subject to review by the Eagle County Building Department. (am. 12/01/24)
c. Support. Roof signs, signs mounted on marquees, or projecting signs, shall be
engineered in such a manner that no guy wires are needed for support, other than
for the sign structure itself.
d. Damage By Moving Vehicles. Anchors and supports shall be guarded and
protected when near driveways, parking lots or similar locations where they could
be damaged by moving vehicles. Signs attached to masonry, concrete or steel
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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
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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.
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HEIGHT/SIGN SETBACK CALCULATION
PROPERTY LINE
/ 25'
BUILDING SETBACK
4--ACTUAL BUILDING
HEIGHT
OR
HEIGHT/SETBACK
LIMITATION LINE
THE SIGN NAY BE SET
ANYWHERE WITHIN THfs
PROPERTY LINE TRUNCATED PYRAUD
- 25' OR 50' SETBACK —�� BUILDING SETBACK LINE
The formula for calculating Example: Setback requiremnet for an 8" high sign
sign height and/or setback on a vacant lot with o 50' setback is:
is:
sign setback = sign height ' = - - =16' from the property line.
bldg. setback bldg_ height 50 25
SECTION 4-340. SIGN STANDARDS APPLICABLE TO SPECIFIC ZONE
DISTRICTS
A. Signs Allowed in All Residential, Agricultural and Resource Zone Districts. The following
signs shall be allowed by sign permit in all Residential, Agricultural and Resource Zone Districts,
as identified in Section 3-210, Residential, Agricultural and Resource Zone Districts.
1. Residential Identification Sign.One(1)residential building,lot or occupant identification
sign per dwelling unit (identifying the name and/or address), provided the total sign area
does not exceed twelve(12) square feet.
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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.
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2. Directory Sign. One (1) directory sign shall be allowed for each lot, parcel, or group of
contiguous lots under single ownership located in the Residential Suburban Low Density
(RSL), Residential Suburban Medium Density (RSM), Residential Multi-Family (RMF)
zone districts. The sign shall not exceed sixteen (16) square feet in sign area or eight(8)
feet in height. Directory signs may be illuminated, in compliance with the provisions of
this Division. One(1)individual directory sign,not exceeding eight(8)square feet in sign
area, shall also be permitted for each multifamily structure.
C. Signs Allowed In Commercial And Industrial Zone Districts. The following signs shall be
allowed by sign permit in the Commercial and Industrial zone districts identified in Section
3-220, Commercial and Industrial Zone Districts.
1. Individual Business Signs. Individual businesses shall not exceed one (1) square foot of
sign area per linear foot of building frontage for the first thirty-two(32) feet and one-third
(1/3) of a square foot of sign area per linear foot of building frontage in excess of
thirty-two (32) feet. In no case shall the total sign area for an individual business exceed
a maximum of sixty-four(64) square feet,per street frontage.
2. Multiple Business Signs. Multiple businesses (business or shopping centers) shall be
required to submit a comprehensive sign plan showing all proposed signage within the
business center. The comprehensive sign plan shall comply with the provisions of Section
4-340.D.2., Comprehensive Sign Plan and the following standards:
a. Business Center. The business center itself shall be allowed one (1) square foot
of sign area per linear foot of building frontage for the first thirty-two(32)feet and
one-third(1/3)of a square foot of sign area per linear foot of building frontage in
excess of thirty-two (32) feet. In no case shall the total sign area for a business
center exceed a maximum of sixty-four(64) square feet,per street frontage.
b. Individual Business.Each individual business within the business center shall be
allowed twenty (20) square feet of sign area in addition to that permitted for the
business center.
c. Allocation to Businesses. Allocation of total aggregate sign area to individual
businesses or tenants is not specified by these Regulations,but instead shall be the
responsibility of the property owner or authorized agent.
3. Directory Sign. One(1)directory sign per street frontage shall be allowed,identifying the
individual businesses within the business center, provided that the total sign shall not
exceed forty (40) square feet in area nor ten (10) feet in height. The directory sign shall
not be included in the total sign area allowed for the business center, and shall not be
required to meet the height and setback calculation, provided that the sign shall not be
located within an intersection clear zone nor shall it impede drainage.
LAND USE REGULATIONS 4-32 EAGLE COUNTY,COLORADO
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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
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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.
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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.
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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.
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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.
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ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS
DIVISION 4-4. NATURAL RESOURCE PROTECTION STANDARDS
SECTION 4-400. PURPOSE
The purposes of this Division are: (1) to provide for the protection of wildlife, riparian areas and other
natural resources; (2) to ensure that development on steep and unstable slopes and other areas subject to
geologic hazards is accomplished in a manner that protects the safety of inhabitants and minimizes
environmental and aesthetic impacts;and(3)to preserve ambient air quality and water quality and quantity,
to maintain the County's healthy, attractive mountain environment for residents and visitors.
SECTION 4-410. WILDLIFE PROTECTION
A. Purpose. As natural land and native wildlife habitat is developed for human use, the need to
minimize the negative impact of humans on wildlife and their habitat increases. The purpose of the
Wildlife Protection Section is to protect and maintain wildlife in Eagle County and minimize the
risk of dangerous interaction between humans and wildlife. This is done through the development
review process whereby potential wildlife habitat is identified and appropriate avoidance,
minimization and/or impact mitigation techniques are suggested that will sufficiently protect the
wildlife species and their habitats. (am 3/12/02)
B. Wildlife Analysis.
1. Applicability. At the discretion of the Planning Director, the provisions of this Section
may apply to any application for a Special Use Permit, Subdivision or Planned Unit
Development(PUD). (am 3/12/02)
2. Procedure for Wildlife Analysis. An applicant for development that is subject to the
provisions of this Section 4-410.B, Wildlife Analysis, shall submit a Wildlife Analysis as
part of the application. The purpose of the Wildlife Analysis is to identify the location of
wildlife habitat or migration routes, determine potential impacts of development, and
identify appropriate avoidance, minimization, and/or impact mitigation techniques. The
County encourages the assistance of competent professional technicians at this stage of the
planning process. (am 3/12/02)
3. Referral to Colorado Parks and Wildlife. As part of the review of the application, the
Planning Director, shall refer to the Colorado Parks and Wildlife(CPW)all applications as
identified in Section 4-410.B.1, Applicability. Referral of Final Plat applications will be
at the discretion of the Planning Director. (am 3/12/02)
4. Review by CPW. CPW will be requested to review the application and determine whether
there is potential impact to wildlife habitat or migration routes. During their review, CPW
should take into consideration potential impacts to the following:
a. Elk Migration Corridors and Patterns
LAND USE REGULATIONS 4-38 EAGLE COUNTY,COLORADO
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b. Elk Production Areas
c. Elk Severe Winter Ranges and Winter Concentration Areas
d. Mule Deer Staging Areas and Migration Corridors
e. Mule Deer Severe Winter Ranges, Winter Ranges, and Winter Concentration
• Areas
f. Bighorn Sheep Migration Patterns
g. Bighorn Sheep Winter Concentration Areas
h. Bighorn Sheep Production Areas
i. Bald Eagle Roost Sites
j. Golden Eagle Nest Sites
k. Peregrine Falcon Nest Sites
1. Sage Grouse Production Area
m. Lynx Occupied Habitat.
n. Other pertinent wildlife habitat or activity areas. (am 3/12/02)
5. Recommendation By CPW. Considering the potential impact to wildlife, the CPW shall
review the application, including the Wildlife Analysis, and make recommendations
pertaining to important habitat or migration routes of wildlife species which may be
affected by the proposed development. The recommendation shall identify appropriate
avoidance,minimization, and/or impact mitigation techniques. (am 3/12/02)
6. Consideration. The County shall consider the content of the Wildlife Analysis and the
recommendations of the CPW during the development review process. (am 3/12/02)
C. Wildlife Proof Refuse Container/Dumpster Enclosure Standards (orig. 3/12/02)
1. Applicability. The provisions of this Section shall apply to any application for a Special
Use Permit, Subdivision or Planned Unit Development (PUD). The provisions of this
Section may apply entirely or in part to the application for a Limited Review at the
discretion of the Planning Director.
2. Definitions.
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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;
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(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
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proposed on lands that are designated on the Eagle County Geologic Hazards Maps as
avalanche hazard areas, rockfall hazard areas, landslides, debris fans, talus slopes, areas
containing expansive soils and rocks, and areas susceptible to ground subsidence.
2. Exemptions. The following types of development shall be exempt from the provisions of
this Section 4-420, Development in Areas Subject to Geologic Hazards.
a. Previously Subdivided Lot. The development of a single-family residence duplex,
multi-family structure,commercial,industrial or institutional structure on a lot that,
received prior subdivision approval by Eagle County and,which bears the Board of
County Commissioners Certificate. Also, any development conducted pursuant to
a valid, approved special use permit shall be exempt. The development of said uses
shall comply with any geologic hazard mitigation requirements applied by Eagle
County to the approval of the subdivision, Planned Unit Development or Special
Use Permit. (am. 02/06/07)
b. Existing Structure. The remodeling,repair,restoration,alteration or expansion of
any existing structure.
D. Procedure.
1. General. Review of development that is subject to the provisions of this Section 4-420,
and shall require referral of the application to the Colorado Geological Survey(CGS).
2. Geologic Hazards Analysis. An applicant for development that is subject to the provisions
of this Section 4-420, Development in Areas Subject to Geologic Hazards, shall submit a
Geologic Hazards Analysis. The purpose of the.Geologic Hazards Analysis is to determine,
on a site specific basis, the location and degree of severity of the geologic hazards
encumbering the property. The Geologic Hazards Analysis shall be prepared by a
professional qualified geologist or registered engineer who has the expertise to map and
evaluate geologic hazards and to assess their potential impacts on the development. The
map depicting slopes may be prepared by a surveyor registered in Colorado. (am. 02/06/07)
a. Building Permit Applications. For development requiring a Building Permit,the
application shall include those materials described under Subsection 4-
420.D.2.e.(2), Preliminary Plan/Special Use Permits, in addition to the materials
required for the Building Permit application pursuant to Chapter III of these
Regulations. (orig. 03/09/23)
b. Subdivision Exemption.For development requiring a Subdivision Exemption,the
application shall include those materials described under Subsection 4-
420.D.2.e.(2), Preliminary Plan/Special Use Permits, in addition to the materials
required for the Subdivision Exemption application pursuant to Article 5, Section
5-270 Subdivision Exemption. (orig. 03/09/23)
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c. Minor Subdivision. For development requiring a Minor Subdivision of land,
excluding condominium maps, subdivision of townhomes, duplexes or patio
homes, and lot line adjustments, the application shall include those materials
described under Subsection 4-42O.D.2.c.(2),Preliminary Plan/Special Use Permits
in addition to the materials required for a Minor Subdivision application pursuant
to Article 5, Section 5-290 Minor Subdivision. (orig. 02/06/07)
d. Development Involving Subdivision, Special Use Permit, or Planned Unit
Development Review. For any development subject to the procedures and
standards of this Section that involves Subdivision, Special use Permit, or Planned
Unit Development review, the Geologic Hazards Analysis shall be submitted in
two(2) steps,as follows: (orig. 03/09/23)
(1) Sketch Plan. The Geologic Hazards Analysis submitted with the sketch
• plan shall provide an initial investigation of the feasibility that the
development can comply with this Section. It shall contain the following
materials:
(a) Map. A map of the property that depicts the general locations of
geologic hazards regulated by this Section in relationship to
planned development areas. The map shall depict contours at a
minimum of ten(10)foot intervals. (am. 02/06/07)
(b) Report. A brief report describing, in a general manner, whether
the development is able to avoid the geologic hazards or proposes
to mitigate the impacts of those hazards on the development. If
mitigation is proposed, a general description of the form that
mitigation is proposed to take shall also be provided.
(2) Preliminary Plan/Special Use Permits. The Geologic Hazards Analysis
submitted with the Preliminary Plan or Special Use Permit shall provide a
site specific analysis of how the development will comply with this Section.
It shall contain the following materials: (am. 02/06/07)(orig. 03/09/23)
(a) Site Specific Analysis. A site specific analysis of the property that
depicts the locations of geologic hazards regulated by this Section
in relation to planned development areas. The map shall also
provide an accurate survey depiction, at two (2) foot contour
intervals, of those portions of the property that contain slopes in
excess of thirty(30)percent.
(b) Impact Evaluation. An evaluation of the potential impacts of the
geologic hazards on the proposed development and potential
impacts on any property surrounding the subject property. This
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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.
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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.
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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.
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e. The topographic contour map, grading plan, site plan, elevation drawing and
impact evaluation report evaluated for consistency with the governing zone district
standards and in accordance with the following review criteria:
(1) All standards of the governing zone district must be met (minimum
setbacks,maximum height,lot coverage,driveway and road grades,access
points, etc.);
(2) Disturbance of the natural terrain should be minimized to the extent
practicable:
(a) Cuts and Fills should be minimized to the extent practicable and
visually compatible stabilization measures should be used for Cut
and Fill slopes;
(b) Natural land forms should be preserved to the extent practicable
and natural features such as slopes and rock formations should be
incorporated into the site design to the extent practicable;
(c) Existing,natural vegetation should be preserved and incorporated
into the project design to the greatest extent practicable;
(3) Visual impacts upon off-site areas should be avoided or reasonably
mitigated:
(a) Structures should be finished in earthtone architectural treatments
and colors to make the structure less conspicuous as viewed from
off-site. White and other light colors should be avoided.
(b) Structures should be sited so that there is a mountain or hillside
backdrop.
(c) Existing vegetation should be preserved to the extent practicable
and supplementary wildfire resistive landscaping introduced, to
offset the visual impact of the structural mass on highly visible
building sites. (Reference Colorado State Forest Service
Publication 6.305,Firewise Plant Materials or, the version of this
publication currently in effect.)
Minimal water usage is recommended to avoid erosion and similar
degradation of the site; where erosion control methods include
hillside revegetation, temporary•irrigation may be utilized until
the vegetation is established.
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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.
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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
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human life and safety and to property because they can be threatened by wildfire. These
regulations are intended to provide standards to reduce or minimize the potential impacts of
wildfire hazards on properties,the occupants of properties and the occupants of adjacent
properties,as well as to facilitate access to manmade structures by firefighters in the event of a
wildfire. Development should attempt to avoid high and extreme wildfire hazard areas whenever
possible. (am 12/17/02)
B. Applicability. The provisions of this Section shall apply to any application for a Special Use
Permit, Subdivision or Planned Unit Development(PUD). (am 12/17/02)
C. Vegetation Management Plan. All applications identified in Section 4-430.B,Applicability,shall
include a Vegetation Management Plan. The Vegetation Management Plan shall be prepared by a
natural resource professional with expertise in the field of vegetation management and wildfire
mitigation. (orig. 12/17/02)
1. Special Use Applications. For development requiring a Special Use Permit, the
application shall include those materials described under Subsection 4-430.C.2.b,
Preliminary Plan. (orig. 12/17/02)
2. Development Involving Subdivision or PUD Review. (orig. 12/17/02)
a. Sketch Plan. The Vegetation Management Plan submitted with the sketch plan
shall provide an initial site-specific evaluation. Following is the minimum
information to be included in the plan:
(1) A statement of objectives for the Vegetation Management Plan;
(2) A site-specific wildfire analysis addressing topographic and vegetation
features;
(3) A vegetation inventory, analysis and map which identifies and assesses
the major timber stands and vegetation according to National Fire
Protection Association (NFPA) Bulletin Number 299, Standard for
Protection of Life and Property from Wildfire,1997 Edition or, the
version of the referenced publication currently in effect.
b. Preliminary Plan. The Vegetation Management Plan submitted with the
preliminary plan shall provide a detailed site specific analysis which includes the
following minimum information;
(1) A schedule delineating how the wildfire mitigation actions identified in
the plan will be implemented including, but not limited to, overlot
vegetation thinning, creation of fuel-breaks and the installation of
working fire hydrants, fire cisterns and or/dry hydrants prior to the
introduction of combustible construction materials on the site;
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(2) Communication capabilities during construction with the Local Fire
Authority Having Jurisdiction and the type of communication system. A
physical address is required for E-911 purposes;
(3) Detailed specification of fire protection equipment and emergency
preparedness actions to be installed or implemented and maintained
within the subdivision during construction;
(4) Detailed mitigation actions including, but not limited to, thinning and
removal of trees and vegetation designed to mitigate wildfire hazard areas.
The use of building envelopes may be required to locate structures outside
of severe hazard areas, off of steep slopes and outside of draws and
canyons;
(5) Identification of the entities responsible for implementing the plan,
constructing required improvements, and maintenance in perpetuity of
the improvements and appropriate easements, if any;
(6) A map identifying major timber stands and vegetation, locations of fire
hydrants, water tanks, cisterns and/or dry hydrants, as well as locations
and flows or capacity of fire hydrants, water tanks, cisterns and/or dry
hydrants.
D. Procedure.
1. Referral to Colorado State Forest Service. As part of the review of the application,the
Planning Director shall refer to the Colorado State Forest Service (CSFS) all applications
as identified in Section 4-43O.B., Applicability. Referral of Final Plat applications will be
at the discretion of the Planning Director.
2. Review and Classification of Degree of Hazard By CSFS. CSFS reviews the
application and determines whether there is a low, moderate, high, or extreme degree of
severity of wildfire hazard posed to persons and property pursuant to the National Fire
Protection Association (NFPA) Bulletin Number 299,Standard for Protection of Life and
Property from Wildfire, 1997 Edition or,the version of the referenced publication currently
in effect. CSFS considers the Vegetation Management Plan, Defensible Space and
proposed design of the subdivision or PUD(including the planned roads and water supply
facilities and the configuration and location of lots), the topography of the site, the types
and density of vegetation present, the fire protection measures proposed by the applicant
and other related factors in making its determination. (am 12/17/02)
3. CSFS Response. Considering the degree of severity of wildfire hazard that is posed to
persons and property, the CSFS shall also comment on the potential effectiveness of the
Vegetation Management Plan and the mitigation techniques proposed. These
recommendations shall be based on guidelines promulgated by CSFS (see, for example,
"Creating Wildfire-Defensible Zones,No. 6.302 or currently accepted standards.)and may
include, but are not limited to the following wildfire hazard mitigation techniques: (am
12/17/02)
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ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL RESOURCE PROTECTION STANDARDS
a. Locations. Recommendations to locate structures outside of severe hazard areas,
off of steep slopes and outside of draws and canyons.
b. Manipulate Vegetation. Recommendations to manipulate the density and form
of vegetation, so as to create defensible space buffers around locations where
structures are proposed including: Removal of tree limbs hanging near chimneys,
establishing fuel-breaks, reduction of on-site vegetative fuel hazards through
strategic thinning and clearing to promote overall health of on-site vegetation by
reducing the severity of the hazard. The form and the extent of the
recommendations to manipulate vegetation shall relate directly to the severity of
the hazard that is present. (am 12/17/02)
c. Building Design. Recommendations to use fire rated or non-combustible roof
materials,to require pitched roofs,and to sheath,enclose or screen projections and
openings above and below the roofline, as applicable. Compliance with these
recommendations shall occur prior to building permit issuance. (am.12/01/24)
d. Water Supply. Where access to a pressurized water system with fire hydrants is
not provided,recommendations may be made to ensure the availability of a water
supply for individual structures, in the form of access to a pond, installation of an
underground water storage tank,provision for dry hydrants, or similar methods.
e. Access. Recommendations to provide separate routes of entrance and exit into the
subdivision or PUD, to lay out roads so as to create fuel breaks and to ensure the
adequacy of access by emergency vehicles, including the provision of regularly
spaced turnouts along roadways, the establishment of adequate grades and sight
distances and the prohibition of dead end streets in the development. Depending
upon the length of the road, fire hazard rating,number of units proposed,topography
and the recommendation of the Local Fire Authority Having Jurisdiction, the Board
of County Commissioners may,at their discretion,grant a variance from the required
improvement standard. (am 12/17/02)(am 03/21/06)
f. Maintenance. Recommendations to keep roofs cleared of debris and to store
flammable materials and firewood away from structures. Firebreaks, turnaround
areas and emergency access routes shall be maintained. (am 12/17/02)
4. Compliance. The County shall consider the recommendations of the CSFS and apply the
appropriate recommendations as conditions of approval of the sketch and preliminary plan.
The applicant shall demonstrate how the development complies with all of the CSFS
recommendations made conditions of approval by the County. (am 12/17/02)
E. Standards. (orig. 12/17/02)
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•
1. Water Supply and Access. The following standards for water supply and access shall
apply to all applications as identified in Section 4-430.B.,Applicability.
a. Water Supply.
(1) Fire Hydrants.
(a) Fire hydrants shall be provided when a water distribution system
will serve the proposed development and shall meet the required
fire flow as defined in the fire code in effect at the time of
application or as otherwise determined by the Local Fire
Authority Having Jurisdiction.
(b) The water distribution system shall be capable of delivering the
required fire flow for each hydrant connected to the distribution
system within the proposed subdivision as delineated in the fire
code in effect at the time of application, or as otherwise required
by the Local Fire Authority Having Jurisdiction.
(c) Fire hydrants shall be located at the intervals defined in the fire
code in effect at the time of application, and shall be located so
that all structures are within a maximum five hundred(500)feet
as defined in the fire code in effect at the time of application or
as otherwise determined by the Local Fire Authority Having
Jurisdiction.
(d) Fire hydrants shall be located in the public right-of-way or at
other locations as required and approved by the Local Fire
Authority Having Jurisdiction.
(e) Fire hydrants shall be accessible to fire fighting apparatus from
County maintained roads, privately maintained roads or
unobstructed emergency vehicle lanes as determined by the
Local Fire Authority Having Jurisdiction.
(2) Water tanks,cisterns and/or dry hydrants. Water tanks,cisterns and/or
dry hydrants shall be provided in developments that are not served by
hydrants unless the Local Fire Authority Having Jurisdiction has approved
an alternative fire protection water supply system.
(a) Water tanks and cisterns shall meet the requirements of the 1997
Uniform Fire Code as adopted by Eagle County, or as defined in
the fire code in effect at the time of application. Depending upon
the recommendation of the Local Fire Authority Having
Jurisdiction, the Board of County Commissioners may, at their
discretion, grant a variance from the required improvement
standard.
(b) A dedicated turn-around shall be placed no more than fifty (50)
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feet from a water tank or dry hydrant cistern and the discharge
from the water tank or dry hydrant cistern shall be within eight
(8) feet of the nearest usable portion of the dedicated right-
of-way, unless otherwise approved by the Local Fire Authority
Having Jurisdiction.
(c) Dry hydrants may be provided in combination with or in lieu of
cisterns, water tanks or other approved fire protection water
supply systems. Dry hydrants shall be installed in accordance with
the standards ofNFPA Bulletin Number 1142,Suburban and Rural
Fire Fighting 2001 Edition or, the version of the referenced
publication currently in effect. The Local Fire Authority Having
Jurisdiction may approve an alternative standard. An average
home size of 5000 square feet shall be assumed unless further
modified within the development.
b. Access. With the exception of properties proposed to be served by driveways or by
urban cul-de-sacs, separate routes of entrance and exit into the development shall be
provided. Roads shall be laid out with consideration for creating fuel breaks and to
ensure the adequacy of access by emergency vehicles, including the provision of
regularly spaced turnouts along roadways, the establishment of adequate grades and
sight distances and the prohibition of dead end streets longer than 1000 feet or serving
more than 25 contiguous lots within the development. Reference ROADWAY
STANDARDS ECM Section 8.3.9.a and Section8.9.1.h. Depending upon the length of
the road, fire hazard rating, number of units proposed, topography and the
recommendation of the Local Fire Authority Having Jurisdiction,the Board of County
Commissioners may, at their discretion, grant a variance from the required
improvement standard.(am. 12/01/24)
SECTION 4-440. WOOD BURNING CONTROLS
A. Findings and Intent. The Eagle County Board of County Commissioners hereby find and declare
air quality to be an important part of the health, safety and welfare of the community. The Board
of County Commissioners have a duty to protect and improve air quality in and around Eagle
County, not only for the health, safety and general welfare of its residents and visitors, but also
because air pollution resulting from the use of wood burning devices reduces the desirability of
Eagle County as a recreation and tourism destination, thus affecting the aesthetic and economic
welfare of the County. The Board of Commissioners find and declare the present level of
degradation of air quality to be unacceptable and recognize the need to achieve the maximum
practical degree of air purity possible by requiring the use of all available practical methods and
techniques to control, prevent and reduce air pollution caused by wood smoke. It is the intent of
the Board of County Commissioners to enact reasonable regulations to control pollution caused by
wood smoke for the purpose of improving the air quality, aesthetic features and economy of Eagle
County.
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B. General Requirements.
1. Only New Technology Devices Permitted. Building or mechanical permits shall only be
issued for the installation of wood burning devices that comply with the standards of a new
technology device, as defined herein, or unless the installation is otherwise exempt from
these Regulations.
2. Existing Wood Burning Devices. Buildings with wood burning devices in existence on
the effective date of this regulation shall be permitted to replace existing wood burning
devices with new technology devices.
3. Exemptions. Section 4-440.C., Maximum Number of Wood Burning Devices in New
Structures, does not apply to parcels thirty five (35) acres or greater in size, zoned
Resource, and the sole source of heat is a new technology device.
C. Maximum Number of Wood Burning Devices in New Structures. The maximum number of
wood burning devices permitted within new structures in unincorporated Eagle County shall be as
follows:
1. R, RL, AR, AL, and RR Zone Districts. One (1) new technology device shall be
permitted per building within the Resource (R), Resource Limited (RL), Agricultural
Residential (AR), Agricultural Limited (AL), and Rural Residential (RR) zones, unless
exempt under Section 4-440.B.3. Exemptions.
2. RC,RSL,RSM,RMF and FH Zone Districts. Within the Rural Center(RC),Residential
Suburban Low Density(RSL),Residential Suburban Medium Density (RSM),Residential
Multi-Family(RMF), and Fulford Historical (FH)zone districts,the following limitations
shall apply:
a. Single-Family and Duplex Units. One (1) new technology device shall be
permitted per dwelling unit in single-family and duplex dwellings.
b. Multi-Family Units. Wood burning devices shall not be permitted within multi-
family dwelling units;however,one(1)new technology device shall be permitted
in the common area of a building containing multi-family units.
3. RC, CL, CG, and I Zone Districts. Within the RC (Rural Center), Commercial Limited
(CL),Commercial General(CG)and Industrial(I)zone districts,the following limitations
shall apply:
a. Commercial and Industrial Uses. One (1) new technology device shall be
permitted per each building that contains commercial and industrial use(s); or
b. Hotel or Motel Use. One(1)conventional open-hearth fireplace shall be permitted
in the common area of a building that contains a motel or hotel use.
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Said fireplace shall be constructed with glass doors and shall have the ability to
regulate the amount of outside return air enterin the fire chamber.
ARTICLE 4.SITE DEVELOPMENT STANDARDS DIVISION 4-4 NATURAL SOURCE PROTECTION STANDARDS
4. Approved PUD. Within any approved planned unit development (PUD), including the
Eagle-Vail PUD, the following limitations shall apply, unless alternative limitations are
approved as part of the PUD Guide:
a. Single-Family and Duplex Units. One (1) new technology device shall be
permitted per dwelling unit in single-family and duplex dwellings.
b. Multi-Family Units. Wood burning devices shall not be permitted within multi-
family dwelling units; however, one (1) new technology device shall be permitted
in the common area of a building containing multi-family units.
c. Commercial and Industrial Uses. One (1) new technology device shall be
permitted per each building that contains commercial and industrial use(s); or
d. Hotel or Motel Use. One(1)conventional open-hearth fireplace shall be permitted
in the common area of a building that contains a motel or hotel use. Said fireplace
shall be constructed with glass doors and shall have the ability to regulate the
amount of outside return air entering the fire chamber.
SECTION 4-450. RIDGELINE PROTECTION
A. Purpose. The purpose of the Ridgeline Protection Section is to preserve and maintain the County's
scenic aesthetic resources as viewed from certain roadway corridors that are important to the
character and economy of Eagle County. This is accomplished by the establishment of ridgeline
areas within which the location and design of new development or redevelopment is reviewed to
maintain and preserve the natural appearance of the mountain skyline by avoiding penetration or
interruption of the natural skyline. (See definition of `Ridgeline' in Article 2: Definitions).
(am.07/17/06)
B. Areas Subject to Analysis. All undeveloped lands located near or on a ridgeline or intermediate
ridge which are visible from the following transportation routes (am.07/17/06):
BRUSH CREEK ROAD GYPSUM CREEK ROAD US HIGHWAY 82
Corridor
COLORADO RIVER LAKE CREEK ROAD US HIGHWAY 24
ROAD Corridor
EL JEBEL ROAD SQUAW CREEK ROAD US HIGHWAY 131
Corridor
FRYING PAN ROAD WEST LAKE CREEK I-70 Corridor
ROAD
C. Applicability. The provisions of this Section 4-450, Ridgeline Protection, shall apply to
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applications for Building Permits, Subdivision, Special Use, or PUD. (am.07/17/06)
D. Exemptions.These standards shall not apply to: (orig.07/17/06)
1. Activity or development that has been previously approved through the Building Permit or
Special Use Permit process prior to the date of adoption of these regulations;
2. All lots within platted subdivisions, approved by the Board of County Commissioners,
which prior to the effective date of these Ridgeline regulations have designated building
envelopes, assigned building areas or otherwise include previously approved ridgeline
protection and/or mitigation standards.
3. Development which has received approval from the Board of County Commissioners
through the PUD process specifically granted a variation from this section; or properties
which have received a Variance from the Zoning Board of Adjustment granting a Variance
from this section;
4. Telecommunication Facilities which have received Special Use Permits incorporating
visual mitigation measures;
5. Public Utility Facilities which have demonstrated that no other feasible and prudent
alternative sites exist;
6. Fences constructed primarily of wire;
E. Standards. All non-exempt development located in identified areas shall comply with the
following standards: (orig.07/1 7/06)
1. The proposed development, where feasible, shall minimize potential visual impacts by
utilizing existing topography and natural vegetation;however,after wildfire mitigation no
part of any building shall silhouette the skyline at any time of year.
2. The proposed development height and bulk shall be designed to avoid the silhouetting of
buildings from ridgelines. Mitigation techniques may include,but not be limited to either
distributing the structural mass into a series of smaller forms;or utilizing stepped rooflines.
3. More restrictive minimum structural setbacks and/or height controls (heights less than
normally permitted in underlying zone district)may be necessary to preserve public views
from identified transportation routes, as determined by a site specific visual analysis.
F. Procedure.(am.07/17/06)
1. An applicant for development that is subject to the provision of this Section 4-450,
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Ridgeline Protection, shall submit a visual analysis. The purpose of the visual analysis is
to illustrate the anticipated visual effects of the proposed development and to describe how
the potential visual impacts will be mitigated.
a. Building Permit. For new development on ridgeline, or potential ridgeline areas
which requires a building permit, the application shall include those materials
described under Subsection 4-450.F.(2), Preliminary Plan in addition to the
required materials necessary for the building permit application, and Pursuant to
Section 4-450.G.1 FONSI Determination. (am.07/17/06)
b. Special Use Application. For development requiring a special use permit, the
application shall include those materials described under Subsection 4-
450.D.1b.d.(2),Preliminary Plan in addition to the required materials necessary for
the special use permit application. (am.07/17/06)
c. Minor Subdivision. For development requiring a Minor Subdivision,pursuant to
Section 5-290 Minor Subdivision with the exception of a minor subdivision for the
purpose of subdividing condominiums, townhomes, patio homes or duplex
structures,the application shall include those materials described under Subsection
4-450.D.1.d.(2), Preliminary Plan (unless otherwise exempted per Section 4-
450.D) in addition to the required materials necessary for the minor subdivision
application.
(am.07/17/06)
d. Development Involving Subdivision or PUD Review. For any development
subject to the procedures of this Section that involves Subdivision or PUD review,
the Visual Analysis shall be submitted in the following stages: (am.07/17/06)
(1) Sketch Plan. Within the sketch plan application, the applicant shall
submit an initial investigation of potential visual impacts and mitigation
techniques. It shall contain the following materials:
(a) Map. A map of the property that depicts the general locations of
ridgeline areas protected by this Section in relationship to planned
development areas.
(b) Preliminary Visual Analysis. The Visual Analysis should
provide sufficient information to clearly identify visually sensitive
areas where development may require mitigation to prevent
impacts upon the skyline. (am.07/17/06)
(c) Written Statement. A brief written statement describing, in a
general manner,where the development is proposed to be located
in relation to the ridgeline areas and the design elements that will
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be used to mitigate visual impacts. (am.07/17/06)
(2) Preliminary Plan. Within the preliminary plan application,the applicant
shall submit a detailed visual analysis. It shall illustrate the existing
features of the site, as viewed from the applicable transportation route(s).
The analysis shall depict the location and design of the proposed
development, from identified vantage points. Vantage points shall be in
half-mile increments along the identified transportation route(s) (see
Section 4-450.B Areas Subject to Analysis). The visual analysis shall also
include: (am.07/17/06)
(a) Illustrations. Illustrations of the mass and form of the proposed
development. These may be provided as a photograph of the
property, onto which the development has been rendered, a
computer simulation, an architectural site section or other similar
visual display technique.When the property is visible from two or
more identified roadways, a visual analysis of the site must be
provided from vantage points along all applicable transportation
routes. (am.07/17/06)
(b) Proposed Mitigation Controls. Proposed Mitigation Controls
including,but not limited to the following: (am.07/17/06)
(i) Structural Finish Materials and Colors. Statements or
samples describing the materials and colors proposed to
be used in all structures; (orig.07/1 7/06)
(ii) Height limitations which may be more restrictive than the
current definition for calculating building height (as
found within Article 2: Definitions) or as the governing
zone district allows; (orig.07/1 7/06)
(iii) Proposed Building envelopes; (orig.07/1 7/06)
(iv) Natural and introduced landscaping for the purpose of
screening and preserving public view sheds. (orig.07/17/06)
•
(v) Other mitigation controls to prevent impacts to the
skyline.
(orig.07/17/06)
(c) Map. A map locating proposed roads and utilities and identifying
the area proposed for development.
(d) Plans. Grading, landscaping and illumination plans.
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(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;
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e. The applicant has demonstrated, to the satisfaction of the Planning Director that
Section 4-450.E. Standards has been incorporated into the proposed development.
Based upon review of the Building Permit application materials and additional
evidence as supplied by the applicant, the Director of Community Development
may find that a Finding of No Significant Impact(FONSI) is appropriate.
2. Finding of No Significant Impact (FONSI). The Director of Community Development
may determine that a Finding of No Significant Impact (FONSI) should be issued if the
proposed building permit in its proposed location is consistent with the spirit and intent of
related standards and is unlikely to have any significant adverse impact to adjacent
properties or the public health, safety and welfare. In the instance that a FONSI is made,
and upon expiration of the reconsideration period described below, the building permit
application will be issued pending compliance with all other applicable elements of these
Land Use Regulations.jam. 12/01/24)
a. Notice of Director's Determination of a FONSI.
(1) Upon the Director's Determination of a FONSI, the Director shall notify
the applicant by mail,and shall notify the Board,the County Administrator
and the County Attorney of the Determination by e-mail or memorandum.
(2) The Notice of Director's Determination of the FONSI shall be published
once in the County legal newspaper not more than fourteen (14) days
following the Determination. The notice shall describe the Project and the
procedure for requesting reconsideration as set forth below.
b. Reconsideration of Director's Determination of a FONSI.
(1) Call-up by the Board. Within fourteen(14) days after publication of the
Director's Determination of a FONSI,the Board may decide to reconsider
the Determination. Such reconsideration shall be made at the next
regularly scheduled meeting of the Board for which proper notice can be
accomplished.
(2) Request for Reconsideration by Affected Party. Any affected party
seeking a reconsideration of the Director's Determination of a FONSI shall
file a written request with the Board within fourteen(14)days of the date
of publication in the newspaper of the Notice of the Director's
Determination of the FONSI. The Board shall reconsider the Director's
Determination of the FONSI at the next regularly scheduled meeting for
which proper notice can be accomplished. The affected party may
request a reasonable extension if necessary.
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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.
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2. Environmental Conditions. The following is a list of Environmental Conditions to be
considered.
a. By significantly altering an ecological unit or land form,such as a ridgeline,saddle,
draw,ravine,hillside,cliff, slope,creek,marsh,watercourse, or other natural land
form feature.
b. By directly or indirectly affecting a wildlife habitat, feeding,or nesting ground.
c. By significantly altering or removing native grasses, trees, shrubs, or other
vegetative cover.
d. By significantly affecting the appearance or character of a significant scenic area
or resource, or involving buildings or other structures that are of a size, bulk, or
scale that would be in marked contrast to natural or existing cultural features.
e. By potentially resulting in avalanche, landslide, siltation, settlement, flood, or
other significant land form change or hazard to health and safety.
f. By discharging toxic or thermally abnormal substances, or involving use of
herbicides or pesticides, or emitting significant smoke, gas, steam, dust, or other
particulate matter.
g. By involving any process which results in significant odor that may be
objectionable or damaging.
h. By requiring any waste treatment, cooling, or settlement pond, or requiring
transportation of solid or liquid wastes to a treatment or disposal site.
i. By discharging significant volumes of solid or liquid wastes.
j. By increasing the demand on existing or planned sewage disposal,storm drainage,
or other utility systems to a level which is likely to cause an adverse impact on the
environment.
k. By involving any process which generates significant noise that may be offensive
or damaging.
1. By either displacing significant numbers of people or resulting in a significant
increase in population.
m. By preempting a site which is desirable for recreational uses or planned open space.
n. By significantly altering local traffic patterns or causing an increase in traffic
volume or transit service need.
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O. By being a part of a larger project which, at any future stage, may involve any of
the impacts listed above.
3. Preparation. The Environmental Impact Report shall be prepared by qualified
professionals.
4. Inclusions. The Environmental Impact Report shall include:
a. Overview of Development Proposal. A general statement identifying and
describing the proposed development in terms such as site area, numbers of
residential units, proposed height and bulk of buildings, building floor area in
square feet, and such other data as will contribute to a clear understanding of the
scale of the development. Project boundaries, and boundaries of the area within
which environmental impact is likely to be significant shall be shown on a site map.
b. Other Reviewers. A list of other regulatory review agencies and the specific
environmental protection regulations to which the proposed development will be
subject(e.g. air, water, solid waste, etc.).
c. Summary. A summary of the Inventory and Analysis sections of the
Environmental Impact Report and supporting technical studies shall be provided
and prepared using terms that can be assessed and evaluated by county officials
and the general public.
d. Inventory and Analysis. The Inventory and Analysis shall address and
incorporate the applicable Environmental Conditions pursuant to Section 4-460
E.2.,Environmental Conditions, as follows:
(1) Text,maps,photographs,and other appropriate illustrative material may be
used as part of the Inventory and Analysis section of the Environmental
Impact Report.
(2) The Environmental Impact Report shall include an inventory of existing
environmental characteristics of the site that exist prior to the proposed
development.
(3) The Environmental Impact Report shall include a comprehensive
qualitative and quantitative analysis of any environmental impacts of the
proposed development. The analysis portion of the Environmental Impact
Report shall assess the following items in reasonable detail:
(a) Adverse effects, which cannot be avoided if the proposal is
implemented.
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(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.
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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.
•
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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.
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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.
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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.
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DIVISION 4-6. IMPROVEMENTS STANDARDS
SECTION 4-600. PURPOSE
This Division sets forth the minimum design criteria and standards for infrastructure development in
unincorporated Eagle County. The criteria and standards are intended to protect and promote the public
health, safety and welfare of the residents and visitors of Eagle County.
SECTION 4-610. APPLICABILITY
A. General Improvements and their appurtenances within unincorporated Eagle County shall be
planned and designed in compliance with this Division. These standards shall apply to all
development that occurs within unincorporated Eagle County.
1. Minimum Requirements.The designer should be aware that whenever unusual or complex
circumstances are anticipated in conjunction with a proposed development, additional
information or analysis beyond the minimums set forth herein may be required by the
County Engineer.
2. Plans Shall Be Prepared By Professional Engineer. All plans,reports and specifications
for development or redevelopment of improvements addressed within this Division shall
be prepared by, or under the direct supervision of, a Professional Engineer, licensed in the
State of Colorado. Final public improvement plans, reports and specifications shall bear
the seal and signature of the Professional Engineer responsible for their preparation.
C. Public Improvements Guarantee. Applicable public improvements shall be guaranteed pursuant
to Section 5-240,Planned Unit Development(PUD)District, Section 5-250, Special Uses, Section
5-280, Subdivision, or Section 5-290,Minor Subdivision.
SECTION 4-620. ROADWAY STANDARDS
B. Intent. The intent of these standards is to promote and provide a system of county roads that
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blend with and fit the mountainous terrain and environment of Eagle County and, outside of the
primary arterial corridors in the County,to protect the country road ambience enjoyed and desired
by residents and visitors alike, and to allow for maximum creativity of the designer in achieving
these goals. These standards provide the designer the means of designing and constructing or
reconstructing improvements and other infrastructure that offers maximum convenience to the user
at minimum cost, both initially at the time of construction and in the future during maintenance,
while also providing for basic safety and functional needs to ensure adequate access to all properties
for fire,police and other vital services,on a system of roads that is experiencing increasing use.
C. Regulations, Standards, and Criteria. The regulations, standards, and criteria for the Roadway
Standards shall be as set forth in the Engineering Criteria Manual,Roadway Standards. (am.12/01/24)
SECTION 4-630. SIDEWALK AND TRAIL STANDARDS
A. Standards.The sidewalk and trail standards shall be as set forth in the Engineering Criteria Manual,
Sidewalk and Trail Standards. (am.12/01/24)
SECTION 4-640. IRRIGATION SYSTEM STANDARDS
A. Applicability and Standards.The irrigation system applicability and standards shall be as set forth in
the Engineering Criteria Manual, Irrigation System Standards. (am.12/01/24)
SECTION 4-650. DRAINAGE STANDARDS
A. Applicability and Standards.The drainage applicability and standards shall be as set forth in the
Engineering Criteria Manual,Drainage Standards. (am.12/01/24)
SECTION 4-660. EXCAVATION AND GRADING STANDARDS (orig 03/12/02)
A. Applicability and Standards.The excavation and grading applicability and standards shall be as set forth in the
Engineering Criteria Manual,Excavation and Grading Standards(am.12/01/24)
SECTION 4-665. EROSION CONTROL STANDARDS (am 03/12/02)
A. Applicability and Standards.The erosion control applicability and standards shall be as set
forth in the Engineering Criteria Manual,Erosion Control Standards. (am.12/01/24)
SECTION 4-670. UTILITY AND LIGHTING STANDARDS
Applicability and Standards.The utility and Lighting applicability and standards shall be as set forth in the
Engineering Criteria Manual,Utility and Lighting Standards. (am.12/01/24)
SECTION 4-680. WATER SUPPLY STANDARDS
A. Potable Water Supply. Potable water supply shall be made available to all platted lots and other
developments.
1. Public Water Supply Accessible. Where an approved public water supply is located
within four hundred (400) feet of the proposed development, the developer shall connect
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to such system and install water lines and appurtenances to make the water supply available
at the property line of each lot within the development.
2. Public Water Supply Not Accessible. Where an approved water supply is not reasonably
accessible or procurable, the applicant shall, at the discretion of the Board of County
Commissioners,either:
a. Install Central Water System. Install a central water supply system and water
lines to each lot from wells or other approved sources that complies with the
standards of the Colorado Department of Public Health and Environment and
receives the approval of the State Engineer; or
b. Submit Evidence of Adequate Supply. Submit evidence satisfactory to the State
Engineer that an adequate water supply that complies with the standards of the
Colorado Department of Public Health and Environment and Eagle County will be
available to each lot in the proposed development. The water supply may be from
individual wells using groundwater, provided the lots are of adequate size, as
specified herein, and provided the other standards specified herein are met.
3. Calculation of Adequacy of Supply. The adequacy of the water supply for any proposed
system shall be calculated based on the total planned development of the subdivision,using
standard engineering practices,based on per capita water usage derived from peak demand,
storage and fire protection requirements. Fire protection requirements shall be related to
location and character of the development.
a. Individual Supplies. If individual water supplies are to be used, a report
confirming the adequacy of the supply and stating the expected aquifer depths shall
be furnished.
b. Large Developments. For a development containing more than fifteen (15) lots
or water taps or a development on land having varying geology,the report shall be
comprehensive so as to be applicable to all lots in the proposed development.
c. Community Water System. Where a community water system is proposed, the
availability and adequacy of the water sources and associated rights shall be
• delineated and certified by a Professional Engineer licensed in the State of
Colorado.
d. Analysis of Water Samples. Representative samples of the water source shall be
analyzed by a reputable laboratory to determine conformance with Colorado
drinking water standards.
4. Submission Standards. The preliminary plans for the development shall contain a design
of the water supply system at a preliminary engineering level sufficiently detailed to fully
represent the mechanics of how the system will operate. The final plans for the
development shall contain a design of the system at an engineering level sufficiently
detailed to permit accurate cost estimates.
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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
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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
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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.
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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
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area being platted.The appraisal report shall be completed as a Summary Appraisal Report
using the market approach to appraisal, and shall be dated no more than six (6) months
prior to the date of application for the final plat. Full market value shall be based on
anticipated market value after completion of platting. (am 09/02/03)
2. Money Shall Be Held By the Board. When money in lieu of land is required or when
monies have been paid to the Board from the sale of such dedicated sites for schools, it
shall be held by the Board for the acquisition of reasonably necessary sites for the
construction of school facilities. (am 09/02/03)
D. Dedication Requirements Shall Apply Only Once. School land dedication requirements shall
apply only once to the same land area. Dedications shall not be required of re-subdivisions of the
same land when a dedication has previously been made unless a net gain in residential units is
realized as a result of a re-subdivision. In these instances,school land dedication requirements will
be calculated proportionally, based upon the difference between the total number of allowed
residential units prior to and after re-subdivision occurs.(am. 7/29/04)
E. Dedication Shall Occur at Final Plat. The actual dedication or payment shall occur at the Final
Plat stage.
SECTION 4-710. TRANSPORTATION IMPACT FEES (orig.05/15/01)(am. 03/09/23)
A. Short Title,Authority,and Application
1. Title. This Regulation shall be known and may be cited as the "Transportation Impact Fee
Regulation." (orig. 03/09/23)
2. Authority. The Board of County Commissioners has the authority to adopt this Regulation
pursuant to the Colorado Constitution and"29-20-101-107,30-28-106, 30-28-133, C.R.S. and
all other relevant laws of the State of Colorado.
3. Application. This Regulation shall apply to all lands within unincorporated Eagle County and,
pursuant to intergovernmental agreements, all other lands within the county lying within the
boundaries of Participating Municipalities.
B. Intent and Purpose.
1. Intent. This Regulation is intended to implement and be consistent with the Transportation
Plan, Road Capital Improvement Plan (CIP), Transportation Impact Fee Study, ECO Transit
Plan, ECO Trails Plan, and the Eagle County Master Plan. (orig. 03/09/23)
2. Purpose. The purpose of this Regulation is the establishment of a system for the imposition
of transportation impact fees to assure that new development contributes its proportionate share
of the cost of providing, and benefits from the provision of, Road Capital Improvements
identified as needed to be built in the Road CIP. (orig. 03/09/23)
3. Regulations, Standards, and Criteria. The regulations, standards, and criteria for the
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ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS
Transportation Impact Fee shall be as set forth in the Engineering Criteria Manual,Transportation
Impact Fees. (orig. 03/09/23)
SECTION 4-720. EMERGENCY SERVICE IMPACT FEES (orig.12/13/05)
A. Purpose.The purpose of this Section is to:
1. Provide a rational system for identifying and mitigating growth-related costs associated
with growth and development and the expansion of emergency services and facilities made
necessary by land development activities, a growing population and economic activity
levels.
2. Implement the methodology and analysis for the determination of the impact of new
development on the need for, and cost of, additional Emergency Service Capital
Improvements.
3. Ensure that the Emergency Service Impact Fees established by this Section are based on,
and do not exceed, the cost of providing additional Emergency Service Capital
Improvements necessitated by new development.
4. Regulate the development of land to ensure that new development bears a proportionate
share of the cost of Emergency Service Capital Improvements necessary to provide
adequate emergency services within Eagle County.
5. Assure that the system of Emergency Service Impact Fees implemented in this Section is
linked to an Emergency Service Capital Improvements program designed to provide the
facilities and equipment for which the Emergency Service Impact Fees are imposed.
B. Definitions.The following terms as used in this Section shall have the meanings set forth unless
it is apparent from the context that they have a different meaning.
1. Developer: A Developer as defined in Chapter 2 of these Eagle County Land Use
Regulations.
2. Development: Development as defined in Chapter 2 of these Eagle County Land Use
Regulations
3. Emergency Service Capital Improvement:
a. Includes:
(1) Fire Protection or emergency medical, rescue and ambulance service
planning,preliminary architectural and engineering services, architectural
and engineering design studies, land surveys, land acquisition, site
improvements and off-site improvements associated with new or expanded
facilities used for Fire Protection or emergency medical, rescue and
ambulance service;
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(2) Construction of buildings and facilities used for Fire Protection or
emergency medical,rescue and ambulance services; and
(3) Purchase of fire suppression or emergency medical,rescue and ambulance
apparatus and equipment, including communications equipment, with an
average useful life of at least five years, necessary to adequately protect
and serve new development and its inhabitants.
b. Excludes periodic or routine maintenance of facilities and equipment,personnel costs
or operational expenses.
4. Emergency Service-Generating Development: Any development designed or intended
to permit a use of the land that will contain or convert to more dwelling units or floor space
than the most intensive use of the land within the twelve (12) months prior to the
commencement of Emergency Service-Generating Development in a manner that increases
the need for Emergency Service Capital Improvements as identified in the Fiscal Impact
Fee Study.
5. Emergency Service-Generating Development, Commencement of: The issuance of a
building permit or other applicable approval process on a lot or other parcel of land for
which an Emergency Service Impact Fee has not previously been paid.
6. Emergency Service Impact Fee: A fee for Fire Protection or emergency medical, rescue
and ambulance service established pursuant to this Section.
7. Emergency Service Provider: A governmental entity providing public Fire Protection,
emergency medical, rescue or ambulance services or any combination of such services.
8. Fire Protection:The prevention and extinguishment of fire,protection of life and property
from fire, enforcement of municipal, county, district, and state fire prevention codes, and
provision of services authorized by statute or typically provided by a public fire
department.
9. Fiscal Impact Fee Study: A studythat mathematicallycalculates the fiscal impact of
P Y p
future demand for emergency services of the applicable Emergency Service Provider.
10. Impact Fee Administrator: The Impact Fee Administrator appointed as provided in
Section 4-710 of these Eagle County Land Use Regulations, to administer the Emergency
Service Impact Fee program established by this Section 4-720.
C. Imposition of Emergency Service Impact Fees. Any Developer who has not already dedicated
land to defer anticipated impacts of a proposed Emergency Service-Generating Development shall
upon Commencement of an Emergency Service-Generating Development pay an Emergency
Service Impact Fee in the manner and amount set forth in this Section.
1. Time of Fee Obligation and Payment.
a) After the effective date of this Regulation, upon the Commencement of
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ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS
• the Emergency Service-Generating Development within unincorporated
areas of the county, an Emergency Service Impact Fee, pursuant to the
terms of this regulation,shall be imposed on each Lot(or other portion)of
the Development. The amount of the Emergency Service Impact Fee shall
be determined and paid to the Impact Fee Administrator at the time of
issuance of a building permit for the Development, or other associated
actions of Eagle County having the effect of permitting the development
of land. The obligation to pay the Emergency Service Impact Fee shall
run with the land, and, therefore, the unpaid obligation to pay fees passes
with title for purposes of these regulations. No building permit will be
issued, or other land use activity requiring Eagle County approval will
commence until all fees due hereunder with respect to the Lot,or parcel of
land which is the subject of the building permit application, or other
applicable approval process have been paid in full. If any credits are due
pursuant to Section 4-720.H, they shall also be determined at that time.
The fee shall be computed separately for the amount of construction
activity covered by the permit, if the building permit is for less than the
entire Development. If the fee is imposed for an Emergency Service-
Generating Development that increases emergency service impact because
of a change in use,the fee shall be determined by computing the difference
in the fee schedule between the new Emergency Service-Generating
Development and the existing Emergency Service-Generating
Development.
2. Exemptions. The following shall be exempt from the terms of this Regulation. An
exemption must be claimed by the fee payer at the time of application for a building
permit.
a) Alterations, expansion, or replacement of an existing building where no
additional dwelling units are created, the use is not changed, and no
additional need for Emergency Service Capital Improvements will be
produced.
b) The construction of accessory buildings or structures that will not produce
additional need for Emergency Service Capital Improvements over and
above that produced by the principal building or use of the land.
c) The replacement of a destroyed or partially destroyed building or structure
with a new building or structure of the same size and use,provided that no
additional need for Emergency Service Capital Improvements will be
produced over and above that produced by the original use of the land.
d) The following types of re-plat will not necessitate payment of Emergency
Service Impact Fees
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e) Private recreational facilities within a residential subdivision that are
restricted for the use of residents and will not generate additional need for
Emergency Service Capital Improvements.
3. Waiver by the Board of County Commissioners. The Board of County
Commissioners may waive the applicable Emergency Service Impact Fee on the
development of low or moderate-income housing or affordable employee housing
as defined by Eagle County government in Section 4-710 of these Land Use
Regulations,pursuant to C.R.S. 29-20-104.5(5).
D. Emergency Service Impact Fee Amount.Upon application by an Emergency Service Provider,
supported by a Fiscal Impact Fee Study,the amount of any Emergency Service Impact Fee to be
charged shall be set and revised from time to time by resolution of the Board of County
Commissioners adopted pursuant to Subsection J.,except that the annual adjustment for inflation
provided in Subsection J.1 shall be automatic and shall not require adoption of an implementing
resolution.
E. Alternative Calculation Study. In lieu of charging the Emergency Service Impact Fee
amount adopted pursuant to Subsection D above, a Developer may prepare and submit to
the Impact Fee Administrator a site-specific Fiscal Impact Fee Study for the Emergency
Service-Generating Development. The site-specific Fiscal Impact Fee Study shall be
referred to the Emergency Service Provider serving the Development for comment and
recommendations. The site-specific Fiscal Impact Fee Study shall follow the prescribed
methodologies and formats established by the applicable Emergency Service Provider and
shall show the basis upon which the proposed Emergency Service Impact Fee was
calculated, and shall be based on the same level of service and service standards provided
for in the Fiscal Impact Fee Study underlying the Emergency Service Impact Fee amount
established under Subsection D.
The site-specific Fiscal Impact Fee Study shall be prepared and presented by professionals
qualified in their respective fields. The Impact Fee Administrator shall consider the
documentation submitted by the Developer and recommendation of the Emergency Service
Provider but is not required to accept such documentation or recommendation. If the Impact Fee
Administrator determines that an acceptable site-specific Fiscal Impact Fee Study has not been
presented,the Developer shall pay the Emergency Service Impact Fee based upon the amount set
pursuant to Subsection D above.
Determinations made by the Impact Fee Administrator pursuant to this Section may be appealed
to the Emergency Services Impact Fee Board,consisting of the Board of County Commissioners,
by filing a written request with the Clerk to the Board of County Commissioners within ten(10)
days of the Impact Fee Administrator's determination. Following the submittal of such request,
the Emergency Service Impact Fee Board shall hold a public hearing to determine the amount of
the Emergency Service Impact Fee that shall be paid prior to issuing the requested building
permit.
The decision of the Emergency Service Impact Fee Board is subject to judicial appeal. Pending a
judicial appeal of the decision of the Emergency Service Impact Fee Board,the Developer may
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ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS
pay the Emergency Service Impact Fee determined by the Emergency Service Impact Fee Board
and proceed with the Development.
F. Time for Payment of Emergency Service Impact Fee. A Developer requesting approval of an
Emergency Service-Generating Development shall pay the Emergency Service Impact Fee at the
time of issuance of a building permit for the Development,or other associated actions of Eagle
County having the effect of permitting the development of land. The obligation to pay the
Emergency Service Impact Fee shall run with the land, and,therefore,the unpaid obligation to
pay such fees passes with title to the property. No building permit will be issued until all
Emergency Service Impact Fees due hereunder with respect to the lot that is the subject of the
building permit application have been paid in full.
G. Use of Emergency Service Impact Fees.
1. All Emergency Service Impact Fees collected pursuant to this Section shall, within sixty (60)
days following payment to the County, be transferred to the applicable Emergency Service
Provider.
2. All Emergency Service Impact Fees collected pursuant to this Section shall be deposited by the
applicable Emergency Service Provider, in an interest-bearing account that clearly identifies the
category, account, or fund of capital expenditure for which such Emergency Service Impact Fee
was imposed and the Development for which the Emergency Service Impact Fee was imposed.
Any interest or other income earned on moneys deposited in said interest-bearing account shall be
credited to the account.
3. Emergency Service Impact Fees shall be used exclusively for Emergency Service Capital
Improvements.
4. No Emergency Service Impact Fees shall be used for periodic or routine maintenance, personnel
costs, or operational expenses.
5. In the event bonds or similar debt instruments are used to fund Emergency Service Capital
Improvements prior to collecting the necessary Emergency Service Impact Fees, once collected,
Emergency Service Impact Fees may be used to pay debt service on such bonds or similar debt
instruments.
6. In the County's discretion, the County may require the applicable Emergency Service Providers
enter into intergovernmental agreements with the County regarding the method of collection and
administration of the Emergency Service Impact Fee program, allocating or delegating such
functions as the parties deem appropriate. In the event the County collects and administers the
Emergency Service Impact Fee program, the County shall retain a reasonable administrative fee
not to exceed six percent(6%).
H. Credit for Improvements.
1. General Standards.
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a. Any person causing the Commencement of an Emergency Service-Generating
Development may apply for credit against Emergency Service Impact Fees
otherwise due, up to but not exceeding the full obligation for Emergency Service
Impact Fees proposed to be paid pursuant to the provisions of this Regulation, for
any contributions, construction, or dedication of land accepted or received by
Eagle County or the applicable Emergency Service Provider, for purposes of
providing Emergency Service Capital Improvements necessitated by the
Development.
b. Credit shall be in an amount equal to fair market value of the land dedicated for
emergency Service Capital Improvements at the time of dedication,the fair market
value of the construction at the time of its completion, or the value of the
contribution or payment at the time it is made for construction of an Emergency
Service Capital Improvement.
c. The credit shall not exceed the amount of the Emergency Service Impact Fees due
and payable for the Emergency Service-Generating Development.
2. Emergency Service Impact Fee Credits.
a. The determination of any credit shall be undertaken through the submission of an
application for credit agreement, which shall be submitted to the Emergency
Service Impact Fee Committee, which shall consist of the Impact Fee
Administrator and one(1)representative appointed by the applicable Emergency
Service Provider.
b. The application for a credit agreement shall include the following information:
(1) If the proposed application involves a credit for any cash contribution, the
applicant shall provide a certified copy of the Development approval in
which the contribution was agreed;proof of payment,if payment has been
made; or the proposed method of payment,if payment has not been made.
(2) If the proposed application involves credit for the dedication of land, the
applicant shall provide a drawing and legal description of the land; the
appraised fair market value of the land at the date a building permit is
proposed to be issued for the Emergency Service-Generating
Development, prepared by a professional Real Estate Appraiser who is a
member of the Member Appraisal Institute (MAI)or who is a member of
Senior Residential Appraisers(SRA),and if applicable,a certified copy of
the Development permit in which the land was agreed to be dedicated.
(3) If the proposed application involves credit for construction, the applicant
shall provide the proposed plan of the specific construction prepared and
certified by a duly qualified and licensed Colorado engineer or contractor;
the projected costs for the suggested improvement, which
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ARTICLE 4:SITE DEVELOPMENT STANDARDS DIVISION 4-7 IMPACT FEES AND LAND DEDICATION STANDARDS
shall be based on local information for similar improvements, along with
the construction timetable for the completion thereof. Such estimated
costs shall include the cost of construction or reconstruction,the cost of all
labor and materials, the cost of all lands, property, rights, easements and
franchises acquired, financing charges, construction costs of plans and
specifications, surveys, costs of professional services, and all other
expenses necessary or incident to determining the feasibility or
practicability of such construction or reconstruction.
3. Procedure for Review of Credit Applications.
a. Within ten (10) days of receipt of the proposed application for credit agreement,
the Emergency Service Impact Fee Committee shall determine if the application
is complete. If it is determined that the proposed agreement is not complete,the
Emergency Service Impact Fee Committee shall send a written statement to the
applicant outlining the deficiencies. The Emergency Service Impact Fee
Committee shall take no further action on the proposed application for credit
agreement until all deficiencies have been corrected or otherwise settled.
b. Once the Emergency Service Impact Fee Committee determines the proposed
application for credit agreement is complete, it shall be reviewed within thirty
(30)days. The application for credit agreement shall be approved if it complies
with the standards in this subsection 4-720.H.
c. If the application for credit agreement is approved by the Emergency Service
Impact Fee Committee, a credit agreement shall be prepared and signed by the
applicant and Eagle County or the applicable Emergency Service Provider where
the land for which the credit is sought is located.
(1) Agreements for pre-impact fee credits shall state the dollar credit that is
applicable to the Development and the manner in which the credit will be
applied to new building permits within the Development.
(2) Agreements for post-impact fee credits shall specifically outline the
contribution,payment, construction or land dedication,the time by which
it shall be completed, dedicated, or paid, and any extensions thereof, and
the dollar credit that will be available and the manner in which the credit
will be applied to new building permits within the Development.
4. Appeal of Credit Decision. A fee payer affected by the decision of the Emergency Service
Impact Fee Committee regarding credits may appeal such decision to the Emergency
Service Impact Fee Board consisting of the Board of County Commissioners. The appeal
shall be initiated by filing with the Emergency Service Impact Fee Committee,within ten
(10)days of the date of the written decision,a written notice stating and specifying briefly
the grounds of the appeal. The Emergency Service Impact Fee Committee shall place such
appeal on the Emergency Service Impact Fee Board's agenda for the next regularly
scheduled meeting of the Board of County Commissioners.
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The Emergency Service Impact Fee Board, after a hearing, shall affirm or reverse the
decision of the Emergency Service Impact Fee Committee based on the standards of this
Section 4-720.H. If the Emergency Service Impact Fee Board reverses the decision,it shall
direct the Emergency Service Impact Fee Committee to readjust the credit in accordance
with its findings. The decision of the Emergency Service Impact Fee Board shall be final.
Unpaid Emergency Service Impact Fees.The Board of County Commissioners reserves the right
to withhold or revoke any permits,certificates,or other approvals for any land or building for which
the payment of Emergency Service Impact Fees is delinquent.
J. Adjustment and Review of Emergency Service Impact Fees.The amount of the Emergency
Service Impact Fee shall be reviewed and adjusted as follows:
1. The Emergency Service Impact Fee shall be adjusted annually for inflation, effective
January 15 of each year. The adjustment shall be based upon the percentage change in
the United States Bureau of Labor Statistics Consumer Price Index for Denver-Boulder,all
items, all urban consumers, or its successor index, or an equivalent index applicable to
Eagle County. The applicable Emergency Service Provider shall annually notify in writing
the Impact Fee Administrator of the amount of the annual adjustment for inflation.
2. The Board of County Commissioners may, annually, in conjunction with the presentation
of the County's proposed budget, consider any further adjustments to the Emergency
Service Impact Fee, following consultation with the applicable Emergency Service
Provider.
3. No less frequently than every five (5) years, the applicable Emergency Service Provider
shall provide to the Board of County Commissioners an updated Emergency Service Fiscal
Impact Fee Study, and proposal to update the Emergency Service Impact Fee amount.
K. Application. The requirements of this Section shall apply only within the jurisdiction and
boundaries of an Emergency Service Provider for which a resolution setting an Emergency Service
Impact Fee has been adopted pursuant to Subsection D, above. Pursuant to Section 24-68-
102.5, C.R.S., the provisions of this Section shall apply to all land use applications currently
pending at the time this Section becomes effective.
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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
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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
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agriculture or suitable for agricultural use as defined by the Natural Resources Conservation Service. 2
points
1.7 EXISTING VEGETATION PRESERVATION:
The project avoids disturbance of existing trees and mature shrub species (2 points), or disturbs no more
than 10% of existing trees/shrubs on the site (1 point). Such vegetation is fenced off outside of limits of
disturbance during construction. If no such vegetation exists on site,item inapplicable.
1.8 BROWNFIELDBLIGHT REDEVELOPMENT:
a. The project redevelops an area that is currently dilapidated or blighted. `Blight' is defined as: an
unsightly condition including the accumulation of debris, litter, rubbish, or rubble; fences or
structures characterized by holes,breaks,rot, crumbling,cracking peeling,rusting or damage; and
any other similar conditions of disrepair and deterioration regardless of the condition of other
properties in the neighborhood. 2 points
OR
b. The project cleans up a brownfield lot. In this case `brownfield' is a property with actual
demonstrated past commercial or industrial contamination. A contamination cleanup plan would
need to be documented and administered. 3 points
1.9 STEEP SLOPES/RIDGELINES:
The project avoids ridgelines and slopes steeper than 20%. 3 points
1.10 STORMWATER MANAGEMENT:
a. At least 30%of the runoff is reduced/detained during a 1-inch rain event. 1 point
b. 100%of surface runoff travels through bioswales,engineered wetlands,landscaped detention areas,
and/or other vegetated drainage features that remove particulates and pollutants from surface
runoff, provide onsite rainwater irrigation, and promote natural groundwater recharge. No
vegetated drainage feature that drains to a live stream shall be less than 100'. 2 points
SECTION 4-830.2. CONNECTIONS/USES:
2.1 OPEN COMMUNITY:
The project is not gated; roads/paths/amenities are open to the public for use and connected to the
community outside the development project. 2 points
2.2 PUBLIC ACCESS:
The project provides public access to existing or appropriate trailheads or access points to public lands or
rivers(new access points must include approval from appropriate jurisdictional authority). 4 points.
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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:
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a. No more than 20% of the total development footprint is represented in surface parking. 2 points
10%or less: 3 points
b. For nonresidential projects, 10% of parking spaces are reserved for carpool vehicles of 2 or more
passengers. 1 point
c. Covered bicycle storage for minimum 15%of occupants. 1 point
d. Covered bicycle storage for minimum 25%occupants. 2 points
2.8 PARKING LOCATION:
For all non-residential and/or multi-family buildings, all surface parking must be at the side or rear of the
structure,leaving building frontages and streetscapes free of parking lots. Side parking must be adequately
screened. For single family/duplex units,garages cannot protrude from the front façade; side/rear parking,
access via alley, etc.to promote pedestrian access.
a. Parking only to rear of structure(s),or no surface parking lots: 4 points
b. Parking to side of structure(not obstructing entrance): 2 points
2.9 REDUCED PARKING:
a. Onsite parking does not exceed LUR requirements by more than 5%. 1 point
b. A transportation demand management plan demonstrates at least a 15%reduction in parking need
than required,and no offsite parking impacts are created: 2 points.
c. A 25%reduction in on-site parking: 3 points.
(Onsite parking does not exceed the plan's recommendations for parking.)
2.10 JOBS/HOUSING:
a. For a commercial project, at least 25% of the floor area is residential. Jobs that would provide
incomes able to support 50% of potential residents either exist onsite or within a half mile of the
project. 4 points
b. For a residential project, at least 25% of the floor area is for commercial uses. The commercial
component would create jobs with incomes able to support 50%of potential residents. 4 points
2.11 SCHOOL PROXIMITY:
A public school is located within a mile of the project. Children are able to walk or ride from the
development to the school safely on designated routes or paths. Distance is measured as traveled on such
routes. 3 points.
2.12 DIVERSITY OF USES:
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DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX
The project includes the following non-residential uses (one point for each type):
Bank Pharmacy
Child care facility(licensed) Church
Community/civic center Police/fire station
Convenience store Post office
Hair care Restaurant
Hardware store School
Health club or recreation facility Senior care facility
Laundry/dry cleaner Supermarket
Library Theater
Medical/dental office Bar
Office,general(not in-home) Liquor Store
2.13 DIVERSITY OF HOUSING TYPES:
To enable citizens from a wide range of economic levels and age groups to live within a community, a
diversity of housing types is necessary. One point for each housing type above 2 as defined in the
following list:
Detached residential large(> 1800 ft2,not to exceed 3000 ft2)
Detached residential small (< 1800 ft2)
Duplex or townhouse large(> 1200 ft2,not to exceed 2000 ft2)
Duplex or townhouse small(< 1200 ft2)
Multifamily large(> 1000 ft2,not to exceed 2000 ft2)
Multifamily small (< 1000 ft2)
Live/work large(> 1200 ft2)
Live/work small(< 1200 ft2)
Accessory Dwelling Unit large(>850 ft2,not to exceed 1000 ft2)
Accessory Dwelling Unit small(< 850 square feet)
2.14 AFFORDABLE HOUSING:
One points for each affordable housing unit provided above what is called for in the housing guidelines.
2.15 AFFORDABLE RENTAL HOUSING:
Onsite rental housing is provided.
a. Minimum 15%onsite rental housing is attainable for households up to 50%AMI 2 points.
b. Beyond item above, 15% additional onsite rental housing is available for households up to 80%
AMI. 2 additional points.
SECTION 4-830.3. TRANSPORTATION:
LAND USE REGULATIONS 4-91 EAGLE COUNTY,COLORADO
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3.1 WALKABLE STREETS: DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX
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Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586BSECF
DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX
a. Each building has a principle front entry that faces a functional public pedestrian space. A
functional public pedestrian space is one that has gathering areas nearby and is connected to
pedestrian walkways. 2 points
b. Sidewalks, footpaths, or woonerfs are available on all streets within and bordering the project. 2
points A`woonerf is defined as a multi-modal plaza or street where pedestrians and bicycles have
legal priority over motorists. Cars have access through woonerfs,but their designed speed is 5 mph.
c. The public realm is entirely ADA accessible. REQUIRED
d. 10'wide sidewalks in front of non-residential buildings. 1 point
e. All streets facing non-residential mixed-uses have road designs for 25 mph or slower. 2 points
f. All streets in residential-only blocks have road designs for 20 mph or slower. 2 additional points
g. At least 50% of the building frontages have less than 18-foot setback and are contiguous to the
sidewalk/public realm. 2 points
h. Functional entryways for non-residential/mixed-use buildings occur at least every 75 feet on
average. 2 points
i. All ground-level non-residential interior space has at least 30% transparent glass on the
ground-level facade. 2 points
j. No blank walls longer than 50 feet occur along sidewalks. Windows, doors, artwork or murals
act as breaks to blank walls. 2 points
k. On-street parking is provided for at least 70%of streets. 2 points
1. Street trees occur between the street and sidewalk at least every 40 feet. 2 points
m. For non-residential projects,at least 50%of ground level space is retail or service(banks/real estate
not included). 2 points
n. Trees, awnings, or other structures provide shade to at least 50% of sidewalks (tree shading at
maturity). 2 points
o. Pet pickup stations are provided in appropriate locations throughout the development. 1 point
3.2 STREET NETWORK:
The project has a traditional small-block grid pattern. 2 points
If not a grid pattern, At least 50% of cul-de-sacs have a bicycle/pedestrian path through-connection. If
LAND USE REGULATIONS 4-93 EAGLE COUNTY,COLORADO
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Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF
DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX
topographic or other limitations prevent connection,those are not included in calculation. 1 point
3.3 TRANSIT FACILITIES:
Provide transit stops designed pursuant to Eco-Transit or RFTA design specifications for covered,partially
enclosed,lighted facilities with bicycle racks,maps and route signage information.2 points Covered bicycle
storage: 1 additional point.
3.4 WALKABLE VICINITY ACCESS:
Outside services and stores are within walkable distance to the project location. Use www.walkscore to
establish the vicinity walkability of the project. A score of:
10-25 gets 1 point
26-50 gets 2 points
51-75 gets 3 points
76-100 gets 4 points
3.5 BICYCLE NETWORK:
The project provides accessibility and connection to bicycle paths and routes connecting it to a town of
community center,Eco-Trails Core Valley Trail,or Mid-Valley Trail. 3 points
3.6 ACCESS TO PUBLIC SPACES:
90% dwelling units and/or non-residential spaces are within a 1/4 mile of a public green space that is at
least '/4 acre in size(cannot be a narrow strip of greenspace). 2 points
3.7 ACCESS TO ACTIVE SPACE:
The project allows access to public outdoor recreation areas.
a. 90% of dwelling units are within '/Z mile of a public active space of at least 1 acre (soccer felds,
ball fields,basketball court,park with active recreational facilities, etc.) 2 points
.b. 50% of dwelling units are located within Y2 mile of a recreation path or network or that is least 3
miles in length. 1 point
c. 50% of dwelling units are located within 3/4 mile of a dog park area (pickup stations required) 1
point.
3.8 LOCAL FOOD PRODUCTION:
a. The project allows for private gardens in sideyards,backyards, and/or balconies. 1 point
b. Neighborhood gardens exist as dedicated areas of 100 square feet per dwelling unit that include
fencing, irrigation,and raised beds. 2 points
LAND USE REGULATIONS 4-94 EAGLE COUNTY,COLORADO
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Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF
DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX
c. The project is within 3 miles of a farmer's market that has been in place at least 2 years and
includes no less than 3 local agricultural producers. 1 point
SECTION 4-830.4. RESOURCE EFFICIENCY
•
4.1 LIMITED TURF/EFFICIENT TURF SPECIES:
a. Less than 25%of landscaped areas are irrigated turf grass. 1 point
b. Irrigated turf grass areas use a species that requires on average 25% or less irrigation than
Kentucky blue grass. 1 point
4.2 DIVERSE NATIVE LANDSCAPING:
The project uses over 10 or more species of native low-water plant species as a part of its landscape plan.
2 points
4.3 XERISCAPE:
The landscape plan demonstrates utilization of the seven principles of xeriscape design: 2 points
a. Thoughtful landscape plan for dry/wet zones and plant maturity
b. Select low-water-use plants as identified by CSU or recognized source
c. Minimize or eliminate turf areas
d. Use efficient irrigation(drip systems,EV schedules, etc.)
e. Improve the soil
f. Use mulches
g. Demonstrate appropriate maintenance plan
4.4 SOLAR ORIENTATION:
75% of all buildings in the project have solar orientation. The south-facing façade of the buildings must
be at least 1.5 times the east-west facades. 3 points. At least 50%of the south-facing façade area is capable
of mounting a solar collection device which would generate at least 90%of an ideal aspect as calculated on
www.pvwatt.com.Additional 2 points
4.5 RENEWABLE ENERGY:
Provide on-site renewable energy system(s). 3 points for each 5% of total energy consumption offset by
system(s).
LAND USE REGULATIONS 4-95 EAGLE COUNTY,COLORADO
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Docusign Envelope ID A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
DIVISION 4-8 SUSTAINABLE COMMUNITY INDEX
4.6 INFRASTRUCTURE RECYCLED CONTENT:
Concrete and/or asphalt is at least 75%recycled content. 1 point
Any mulch is recycled wood waste chip, and/or recycled tire mulch(for play areas). 1 point
4.7 RECYCLING:
The project is designed with recycling containers for co-mingled, newspaper, and cardboard for non-
residential, mixed-use, and multi-family projects (REQUIRED).
4.8 LIGHT POLLUTION:
The project utilizes dark sky fully shielded down-facing lighting for infrastructure. Lighting doesn't create
glare or be unnecessarily overpowered. Buildings shall only have exterior illumination necessary for safety
requirements and minimal signage illumination for commercial uses (REQUIRED).
4.9 INNOVATION IN DESIGN:
Demonstrate other components of the design that meet the intent of the Sustainable Design Index which is
to promote resource efficiency, renewable power, reduced impacts, and social capital/equity. Points
reviewed on a case by case basis.
LAND USE REGULATIONS 4-96 EAGLE COUNTY,COLORADO
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Docusign Envelope ID:A71BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 7
ENFORCEMENT - EAGLE COUNTY
Docusign Envelope ID:A71 BD6BA-487B-49BB-8D28-F9B3586B8ECF
ARTICLE 7• ENFORCEMENT TABLE OF CONTENTS
ARTICLE 7
ENFORCEMENT
TABLE OF CONTENTS
PAGE
SECTION 7-100. General 7-1
SECTION 7-110. Revocation or Suspension of Special Use Permit,Variance Permit,PUD or
Subdivision 7-2
SECTION 7-120. Abatement of Violations 7-3
SECTION 7-130. Notification to Correct Violation 7-6
SECTION 7-140. Other Remedies 7-7
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ARTICLE 7: ENFORCEMENT 7-100.GENERAL
ARTICLE 7
ENFORCEMENT
SECTION 7-100. GENERAL
A. Authority. The provisions of these Land Use Regulations shall be enforced by the Board of County
Commissioners and the County Attorney through their authority to abate any violations,and enjoin,
restrain,and prosecute any person violating these Land Use Regulations pursuant to Colorado law.
B. Unlawful to Violate These Land Use Regulations.
1. Development or Use of Building, Structure or Land. It shall be unlawful to develop,
alter or use any building, structure, or land in unincorporated Eagle County in violation of
these Land Use Regulations. Any person violating these Land Use Regulations commits a
civil infraction. Each day during which such illegal action continues shall be deemed a
separate offense. (am. 05/01/07) (am. 12/01/24)
2. Subdivision.
a. General. Any subdivider or agent of a subdivider who transfers or sells land
before a Final Plat for that land has been approved pursuant to the requirements of
these Land Use Regulations and recorded or filed in the Office of the Clerk and
Recorder shall be guilty of a misdemeanor and upon conviction thereof shall be
fined not more than five hundred (500) dollars for each parcel or interest in
subdivided land which is sold or offered for sale. All fines collected shall be
credited to the General Fund of the County.
b. Injunction. The Board of County Commissioners has the power to bring an action
to enjoin any subdivider from selling subdivided land before a Final Plat for
Subdivision for such subdivided land has been approved by the Board of County
Commissioners.
c. Guarantee of Public Improvements. The Board of County Commissioners or
• any purchaser of any lot, tract, or tract of land subject to Subdivision which is the
security portion of a Subdivision Improvements Agreement shall have the
authority to bring an action in any District Court to compel the enforcement of any
Subdivision Improvements Agreement on the sale, conveyance,or transfer of title
of any lot, tract, or tract of land or any other provision of the Subdivision
Improvements Agreement. Such authority shall include the right to compel
rescission of any sale, conveyance, or transfer of title of any lot, tract, or tract of
land contrary to the provisions of any such restriction set forth on the plat or in any
separate recorded instrument,but any such action shall be commenced prior to the
issuance of the Building Permit. (am. 05/01/07)
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ARTICLE 7: ENFORCEMENT 7-110.REVOCATION OR SUSPENSION OF SPECIAL USE PERMIT VARIANCE PERMIT PUD OR SUBDIVISION
d. Suspension. The Board of County Commissioners may suspend or withdraw any
approval of a Preliminary Plan or Final Plat for Subdivision, or may require
corrective measures to be taken following a determination that the information
provided by the subdivider upon which the approval is based is false or inaccurate.
A written notice from the Board of County Commissioners or its designated
representative shall be served upon the subdivider, setting out a clear and concise
statement of the alleged facts and directing the subdivider to appear at a specified
regular meeting of the Board of County Commissioners not less than ten (10)
calendar days nor more than thirty (30) calendar days after the date of service of
notice. The Board of County Commissioners shall determine at that meeting the
nature and extent of alleged false or inaccurate information,shall consider any new
significant information that has been brought to their attention, and shall, for good
cause shown, suspend or withdraw any approval or require certain corrective
measures to be taken. This Section shall not apply to any Final Plat for Subdivision
where lots have been sold.
SECTION 7-110. REVOCATION OR SUSPENSION OF SPECIAL USE PERMIT,
VARIANCE PERMIT,PUD OR SUBDIVISION
Revocation or suspension of a Special Use Permit, Variance Permit, Preliminary Plan for PUD, or
Subdivision(Preliminary Plan or Final Plat for Subdivision)issued pursuant to these Land Use Regulations
shall be made under the procedures and standards of this Section,upon a finding that the Special Use Permit,
Variance Permit,Preliminary Plan for PUD,or Subdivision(Preliminary Plan or Final Plat for Subdivision)
was issued on the basis of erroneous or misleading information or representation,the development violates
the terms or conditions of any permit issued pursuant to these Land Use Regulations,the terms or conditions
of the Special Use Permit,Variance Permit,PUD,or Subdivision, or these Land Use Regulations.
A. Procedure.
1. Initiation by County. If the County determines there are reasonable grounds for the
revocation or suspension of a Special Use Permit, Variance Permit, Preliminary Plan for
PUD, or Subdivision (Preliminary Plan or Final Plat for Subdivision)under the standards
of Section 7-110.B., Standards, the Code Enforcement Officer shall set a hearing before
the Board of County Commissioners.
2. Notification. The Code Enforcement Officer shall give the permittee notification by mail
a minimum of twenty (20) calendar days prior to the hearing. The notification shall also
state the grounds for the revocation or suspension of the Special Use Permit, Variance
Permit, Preliminary Plan for PUD, or Subdivision (Preliminary Plan or Final Plat for
Subdivision).
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ARTICLE 7: ENFORCEMENT 7-120.ABATEMENT OF VIOLATIONS
3. Revocation or Suspension Hearing. The Board of County Commissioners shall conduct
a hearing on the proposed revocation or suspension.
4. Decision of Board of County Commissioners. Within thirty(30)calendar days after the
close of the hearing, the Board of County Commissioners shall render a decision on the
revocation or suspension of the Special Use Permit,Variance Permit,Preliminary Plan for
PUD, or Subdivision(Preliminary Plan or Final Plat for Subdivision)based on Section 7-
1 10.B., Standards.
5. Record. Hearings shall be recorded pursuant to Section 5-210.F.5.f.,Record.
B. Standards. A Special Use Permit, Variance Permit, Preliminary Plan for PUD, or Subdivision
(Preliminary Plan or Final Plat for Subdivision)shall be revoked or suspended if any one(1)of the
following findings is made by the Board of County Commissioners.
1. Based on misleading information or misrepresentation. The permit was issued on the
basis of erroneous or misleading information or misrepresentation; or
2. Violation of conditions of permit. The development violates the terms or conditions of
the Special Use Permit, Variance Permit, Preliminary Plan for PUD), or Subdivision
(Preliminary Plan or Final Plat for Subdivision) issued pursuant to these Land Use
Regulations.
C. Notification. Notification of the Board of County Commissioners' decision shall be provided by
the Code Enforcement Officer to the permittee by mail within thirty (30) calendar days of the
decision.
D. Cumulative remedy. The Board of County Commissioners'right to revoke or suspend a Special
Use Permit,Variance Permit,Preliminary Plan for PUD,or Subdivision(Preliminary Plan or Final
Plat for Subdivision)as provided in this Section, shall be cumulative to any other remedy provided
by law.
SECTION 7-120. ABATEMENT OF VIOLATIONS
A. General. Violations of these Land Use Regulations may be abated under the procedures and
standards of this Section, at the election of the County Attorney; however, this procedure shall not be the
sole remedy available, and the County may enforce these Land Use Regulations in any manner provided
by law.
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ARTICLE 7: ENFORCEMENT 7-120.ABATEMENT OF VIOLATIONS
B. Procedure.
1. Notification of Violation. If after appraisal by the Code Enforcement Officer,the County
determines that any land use within unincorporated Eagle County is in violation of the
provisions of these Land Use Regulations, the County may mail a Notice to Abate to the
landowner,stating the provisions of these Land Use Regulations being violated, and setting
forth a reasonable period of time for the landowner to abate and correct the violation.
2. Hearing to Correct Violation. In the event the landowner fails to comply with the Notice
to Abate, a Hearing Officer shall conduct a Hearing to Abate to ascertain whether
abatement should be required under the procedures and standards of this Section.
a. Notice of Hearing. The County shall provide notice of the Hearing to Abate to the landowner and
complainant by certified mail,return receipt requested, a minimum of fourteen(14)calendar days
prior to the date established for the hearing. Notice shall be substantially in the format set forth
below
LAND USE REGULATIONS 7-4 •
EAGLE COUNTY,COLORADO
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ARTICLE 7: ENFORCEMENT 7-120.ABATEMENT OF VIOLATIONS
NOTICE OF HEARING ON ABATEMENT OF VIOLATION OF LAND
This is a notice of hearing before a Hearing Officer of Eagle County,Colorado,to ascertain
whether certain land or structures situated in unincorporated Eagle County, Colorado,
known and designated as(street address) , in said County,
and more particularly described as (legal description) with Tax Parcel No
constitutes a violation of the County's Land Development Regulations and is
subject to abatement pursuant to Section 7-120 thereof, and Section 30-28-124,Colorado
Statutes. If the violation is not promptly abated by the landowner, such violation may be
abated by County authorities, in which case the cost of any eviction or relocation of an
illegal use,rehabilitation,repair,or demolition of an illegal structure will be assessed upon
such land, and such costs, together with interest thereon, will constitute a lien upon such
land until paid. In addition,the landowner may be cited for violation of the provisions of
these Land Development Regulations and subject to a fine.
Said alleged violation is of Section_of these Land Development Regulations,and consists
of the following:
The method(s)of abatement are:
All persons having an interest in said matters may attend the hearing and their testimony
and evidence will be heard and given due consideration.
Dated this day of ,20_.
Time and Date of Hearing:
Location of Hearing: .
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ARTICLE 7: ENFORCEMENT 7-120.ABATEMENT OF VIOLATIONS
b. Recommended by Hearing Officer.
(1) General. At the time stated in the Notice of the Hearing to Abate, the
Hearing Officer shall conduct a hearing pursuant to the requirements of
this Section, and shall hear and consider all relevant evidence, objections
or protests,and shall hear testimony under oath of the alleged violator and
all other persons having an interest in the hearing.
(2) Continuance. The Hearing Officer may continue the hearing from time
to time for good cause.
(3) Recommended Order. If,after the conclusion of the hearing,the Hearing
Officer finds that a violation of these Land Use Regulations does exist
and there is sufficient cause to evict or relocate an illegal use or
rehabilitate, demolish, remove or repair an illegal structure, the Hearing
Officer shall prepare a recommended Order to Abate outlining findings
and specifying the nature of the violation, the method of abatement and
the time within which the work shall be commenced and completed. The
recommended Order to Abate shall then be forwarded to the Board of
County Commissioners for final action at a hearing.
(4) Notification of Recommended Order. The Hearing Officer shall provide
the landowner a copy of the recommended Order to Abate by mail,on the
day the recommended Order is forwarded to the Board of County
Commissioners for a final decision.
b. Decision by Board of County Commissioners.
(1) Scheduling Hearing. The Board of County Commissioners shall
schedule a hearing on the recommended Order to Abate within thirty
(30)calendar days from the date the recommended Order is forwarded to
the Board of County Commissioners by the Hearing Officer.
(2) Notice of Hearing. The County shall provide the landowner notice of the
hearing by certified mail,return receipt requested,a minimum of fourteen
(14)calendar days prior to the date of the hearing.
(3) Continuances. Continuances of the hearing may be granted by the Board
of County Commissioners on request of the landowner for good cause
shown.
(4) Decision by Board of County Commissioners. At the hearing,the Board
of County Commissioners shall provide the landowner or the landowner's
representative and the County Attorney an opportunity to make statements
about the record established in the hearing held by the Hearing Officer
and the recommended Order to Abate. The Board of
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ARTICLE 7: ENFORCEMENT 7-130.NOTIFICATION TO CORRECT VIOLATION
County Commissioners shall then review the record and recommended
Order to Abate. The recommended Order to Abate, or a modified version
thereof, shall be approved if there is competent substantial evidence in the
record that a violation of these Land Use Regulations does exist and there
is sufficient cause to evict or relocate an illegal use or rehabilitate,
demolish,remove or repair an illegal structure.
(5) Notice of Decision. The County shall provide a copy of the decision of
the Board of County Commissioners to the landowner by mail, return
receipt requested.
3. Record. Hearings shall be recorded pursuant to Section 5-120.f.5.f.,Record.
C. Effect of Order to Abate. If an Order to Abate is issued it shall mean that the land or structure is
in violation of these Land Use Regulations, and the illegal activity shall be discontinued and
rehabilitated, repaired, removed, or demolished in the manner and means specifically set forth in
the Order to Abate.
D. . Abatement by County. If the violation is not abated pursuant to the Order to Abate within the
prescribed abatement period,the County Attorney shall cause the violation to be abated by County
employees or by private contract, or by any other means provided by Colorado law. The County
Attorney is authorized to enter upon land for such purposes. The costs, including incidental
expenses of abating the violation,shall be the responsibility of the landowner. The term"incidental
expenses" shall include,but shall not be limited to,personnel costs, both direct and indirect; costs
incurred in documenting the violation; the actual expenses and costs of the County in the
preparation of notices, specifications and contracts, and in inspecting the work; and the costs of
printing and mailing required hereunder. If the landowner fails to pay,the costs shall become a lien
against the land.
E. Cumulative Remedy. The County's right to abate a violation of these Land Use Regulations, as
provided in this Section, shall be cumulative to any other remedy provided by law.
SECTION 7-130. NOTIFICATION TO CORRECT VIOLATION
A. General. If the Code Enforcement Officer has personal knowledge of any violation of these Land
Use Regulations,the Code Enforcement Officer shall give written notice to the alleged violator by
certified mail, return receipt requested. The notification shall state the provisions of these Land
Use Regulations being violated, and state that the violator shall correct the violation within ten
(10) calendar days of receipt of the notification. (am. 05/01/07)
B. Failure to Comply. If the violator fails to correct the violation within ten(10)calendars days,the
Code Enforcement Officer may, through the County Attorney, request the Sheriff to issue a
summons and complaint against the violator pursuant to Colorado law stating the nature of the
violation with sufficient particularity to give notice of the charge to the violator. It shall be the
responsibility of the County Attorney to enforce this provision. (am. 05/01/07)
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ARTICLE 7: ENFORCEMENT 7-140.OTHER REMEDIES
SECTION 7-140. OTHER REMEDIES.
A. Civil Remedies. If any person, firm or corporation violates these Land Use Regulations,the
Board of County Commissioners through the County Attorney may seek either or both of the
following civil remedies. (am. 05/01/07)
1. Injunction. The Board of County Commissioners, through the County Attorney, in
addition to other remedies provided by law, may institute an injunction, mandamus,
abatement, or other appropriate action or proceeding to prevent, enjoin, abate or remove
such unlawful use,construction, alteration or development. (orig. 05/01/07)
2. Civil Penalty. Any person, firm or corporation violating these Land Use Regulations may
also be subject to imposition,by order of the County Court,of a civil penalty in an amount
of not less than five hundred dollars ($500) or more than one thousand dollars ($1000).
Each day after the issuance of the order of the County Court during which such unlawful
activity continues shall be deemed a separate violations and shall be the subject of a
continuing penalty in an amount not to exceed one hundred dollars ($100) for each such
day. Until paid, any civil penalty ordered by the County Court shall, as of recording,be a
lien against the property on which the violation has been found to exist. In case the
assessment is not paid within thirty days,it may be certified by the County Attorney to the
County Treasurer,who shall collect the assessment,together with a ten percent penalty for
the cost of collection, in the same manner as other taxes are collected. Any lien placed
against a property pursuant to this section shall be recorded with the Eagle County Clerk
and Recorder. (orig. 05/01/07) (am. 12/01/24)
B. Criminal Remedies. Any person violating any provisions of these Land Use Regulations shall
be subject to all criminal penalties authorized by the State of Colorado for such violation,
including upon conviction,a fine and payment of all costs and expenses involved in prosecuting
the offense. (orig. 05/01/07)(am. 12/01/24)
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