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HomeMy WebLinkAbout09. StandardsARTICLE 7: STANDARDS DIVISION 1. GENERAL APPROVAL STANDARDS. The following standards apply to all proposed Land Use Changes, including divisions of land, unless elsewhere in this Code a use is explicitly exempt from one or more standards. 7-101. ZONE DISTRICT USE REGULATIONS. The Land Use Change shall comply with Article 3, Zoning, including any applicable zone district use restrictions and regulations. The project complies. 7-102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS. The Land Use Change is in general conformance with the Garfield County Comprehensive Plan and complies with any applicable intergovernmental agreement. The project is in conformance. 7-103. COMPATIBILITY. The nature, scale, and intensity of the proposed use are compatible with adjacent land uses. The project is compatible and similar to the surrounding rural single family uses. 7-104. SOURCE OF WATER. All applications for Land Use Change Permits shall have an adequate, reliable, physical, long- term, and legal water supply to serve the use, except for land uses that do not require water, or that contain Temporary Facilities served by a licensed water hauler. The source of domestic water for the project is individual wells for each lot. A well permit from the Colorado State Division of Water Resources has been obtained along with contracts from the West Divide Conservancy District for augmentation of the wells. The documentation is attached with further details of the plan discussed in the main submittal for Section 4-203. M of the LUC. A. BOCC Determination. 1. The BOCC, pursuant to C.R.S. § 29-20-301, et seq., shall not approve an application for a Land Use Change Permit, including divisions of land, unless it determines in its sole discretion, after considering the application and all of the information provided, that the Applicant has satisfactorily demonstrated that the proposed water supply will be adequate. Nothing in this section shall be construed to require that the Applicant own or have acquired the proposed water supply or constructed the related infrastructure at the time of the application. B. Determination of Adequate Water. 1. The BOCC's sole determination as to whether an Applicant has an Adequate Water Supply to meet the water supply requirements of a proposed development shall be based on consideration of the following information: 2. The documentation required by the Water Supply Plan per section 4- 203.M.; 3. A letter from the State engineer commenting on the documentation provided in the Water Supply Plan per section 4-203.M.; Dunlap Minor Subdivision Gartield County LUC Article 7: Division 4. Whether the Applicant has paid to a Water Supply Entity a fee or charge for the purpose of acquiring water for or expanding or constructing the infrastructure to serve the proposed development; and 5. Any other information deemed relevant by the BOCC to determine, in its sole discretion, whether the water supply for the proposed development is adequate, including without limitation, any information required to be submitted by the Applicant pursuant to this Code or State statutes. 7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS. A. Water Distribution Systems. The land use shall be served by a water distribution system that is adequate to serve the proposed use and density. Each lot will be served by a single family residential well. B. Wastewater Systems. The land use shall be served by a wastewater system that is adequate to serve the proposed use and density. Each lot will be served by an On-site Wastewater Treatment System. Percolation tests were conducted on Lots 1 and 2 in representative building locations showing that a leach field type system is viable on each. Lot 3 is currently served by an adequate OWTS. 7-106. PUBLIC UTILITIES. A. Adequate Public Utilities. Adequate Public Utilities shall be available to serve the land use. Xcel Energy will serve the site with electric power and Century Link will serve the site with wired telephone service as available. A letter indicating service availability is attached. B. Approval of Utility Easement by Utility Company. Utility easements shall be subject to approval by the applicable utility companies and, where required, additional easements shall be provided for main switching stations and substations. The Applicant shall work with the utility companies to provide reasonably- sized easements in appropriate locations. C. Utility Location. Unless otherwise provided in this Code, the following conditions shall apply to the location of utility services. 1. Underground Location. All utilities except major power transmission lines, transformers, switching and terminal boxes, meter cabinets, and other appurtenant facilities shall be located underground throughout the development unless it is demonstrated to the satisfaction of the BOCC that compliance is impractical or not feasible and will result in undue hardship. Lot 3 is currently served with overhead utilities. Lots 1 and 2 will be served from the main transmission lines along the County Road per Xcel Energy plans. All necessary easements are indicated on the Plat and will be dedicated as part thereof. 2. Easement Location. As applied to Subdivisions and Exemptions, all utility lines, including appurtenances, shall be placed either within roads or public rights-of-way. Dunlap Minor Subdivision Garfield County LUC Article 7: Division 1,2,3,4 All necessary easements are indicated on the Plat and will be dedicated as part thereof. 3. Dimensional Requirements. a. Easements centered on common Rear Lot Lines shall be at least 16 feet wide. b. Where an easement abuts a Rear Lot Line that is not the Rear Lot Line of another lot, or that is on the perimeter of the development, the easement width shall be a minimum of 10 feet. c. Where inclusion of utilities within the Rear Lot Line is impractical due to topographical or other conditions, perpetual unobstructed easements at least 10 feet in width shall be provided alongside Lots Lines with satisfactory access to the road or Rear Lot Line. d. Where easements are combined with a water course, drainage way, channel, or stream and the use would be in conflict with drainage requirements or Wetlands, an additional utility easement of at least 10 feet in width shall be provided. e. Multiple use of an easement is encouraged to minimize the number of easements. D. Dedication of Easements. All utility easements shall be dedicated to the public. Drainage easement may be dedicated to either the public or to an HOA. All necessary easements are indicated on the Plat and will be dedicated as part thereof. E. Construction and Installation of Utilities. Applicants shall make the necessary arrangements with each service utility for the construction and installation of required utilities. Utilities shall be installed in a manner that avoids unnecessary removal of trees or excessive excavations, and shall be reasonably free from physical obstructions. Construction minimizes impacts and will be in compliance with each utility service provider. F. Conflicting Encumbrances. Easements shall be free from conflicting legal encumbrances. No conflicts exist. 7-107. ACCESS AND ROADWAYS. All roads shall be designed to provide for adequate and safe access and shall be reviewed by the County Engineer. A. Access to Public Right -of -Way. All Tots and parcels shall have legal and physical access to a public right-of-way. Lot 1 and 2 have a combined driveway onto County Rd 591. Lot 3 utilizes the current individual access. B. Safe Access. Access to and from the use shall be safe and in conformance with applicable County, State, and Federal access regulations. Where the Land Use Change causes warrant(s) for improvements to State or Federal highways or County Roads, the developer shall be responsible for paying for those improvements. The driveways provide safe compliant access points. C. Adequate Capacity. Dunlap Minor Subdivision Garfield County LUC Article 7: Division 1,2,3,4 Access serving the proposed use shall have the capacity to efficiently and safely service the additional traffic generated by the use. The use shall not cause traffic congestion or unsafe traffic conditions, impacts to the County, State, and Federal roadway system shall be mitigated through roadway improvements or impact fees, or both. The development proposes 2 additional single-family units and it is calculated that current County Road 259 has adequate capacity to provide safe conditions. Impact fees will be paid. D. Road Dedications. All rights-of-way shall be dedicated to the public and so designated on the Final Plat. They will not, however, be accepted as County roads unless the BOCC specifically designates and accepts them as such. The driveways are to be for private use only, so no dedication is anticipated. E. Impacts Mitigated. Impacts to County roads associated with hauling, truck traffic, and equipment use shall be mitigated through roadway improvements or impact fees, or both. Minimal impact is anticipated as part of the project. Appropriate impact fees will be paid. F. Design Standards. Roadways, surfaces, curbs and gutters, and sidewalks shall be provided as follows: 1. Circulation and Alignment. The road system shall provide adequate and efficient internal circulation within the development and provide reasonable access to public highways serving the development. Roads shall be designed so that alignments will join in a logical manner and combine with adjacent road systems to form a continuous route from 1 area to another. NA — only private driveways 2. Intersections. No more than 2 streets shall intersect at 1 point, with a minimum of 200 feet between off -set intersections, unless otherwise approved by the County. Lot 3 driveway currently exists. The Lot 1 and 2 proposed driveway is located at an existing agricultural field access and is directly across from an existing drive. It is less than 200 ft from the driveway to the south. There is adequate visual connectivity between intersections so adverse impacts will be minimal. 3. Street Names. Street names shall be consistent with the names of existing streets in the same alignment. There shall be no duplication of street names in the County. NA NA 4. Congestion and Safety. The road system shall be designed to minimize road congestion and unsafe conditions. 5. Continuation of Roads and Dead -End Roads. Roads shall be arranged to provide for the continuation of major roads between adjacent properties when appropriate and necessary for traffic movement, effective fire protection, or efficient provision of utilities. Dunlap Minor Subdivision Garfield County LUC Article 7: Division 1,2,3,4 NA 6. Relationship to Topography. Streets shall be designed to be compatible with the topography, creeks, wooded areas, and other natural features. Combinations of steep grades and curves should be avoided. When, due to topography, hazards or other design constraints, additional road width is necessary to provide for the public safety by cut and/or fill area, drainage area, or other road appurtenances along roadways, then dedication or right -of way in excess of the minimum standards set forth in this Code shall be required. Driveways avoid unnecessary constraints and are compatible with the area. 7. Erosion and Drainage. The road system shall minimize erosion and provide for efficient and maintainable drainage structures. Driveway designs provide for adequate drainage. 8. Commercial and Industrial. The roads and access in commercial and industrial developments shall be designed to minimize conflict between vehicular and pedestrian traffic. NA 9. Emergency Access and Egress. Roads shall be designed so as to provide emergency access and egress for residents, occupants, and emergency equipment. Emergency access shall comply with provisions of the International Fire Code and requirements of applicable emergency services, such as fire protection, ambulance, and law enforcement. The access are private driveways only. Adequate turn around areas will be provided at each residence. 10. Traffic Control and Street Lighting. Traffic control devices, street signs, street lighting, striping, and pedestrian crosswalks are to be provided as required by the County Road and Bridge Department or another referral agencies. NA 11. Drainage Structures. a. Roadway drainage structures such as bridges, culverts, cross pans, inlets, and curbs and gutters shall be provided as determined by design and in conformance with the County road standards. b. Culverts are required where driveways connect to roadways unless specifically exempted by the County Road and Bridge Department. It is the responsibility of the property owners to maintain their culverts free and clear of mud, silt, debris, and ice. Water that flows out of driveways must be diverted to ditches. Damage to a road caused by a blocked culvert, lack of culvert, or driveway Runoff is the responsibility of the property owner and costs of repairs by the County may be billed to the property owner as authorized by C.R.S. Title 43, Article 5. The County road side in the area of the driveways flows away from the road and to a ditch outside of the County Road ROW. The driveways have culverts placed at the location of the existing ditches. 12. Roadside Ditches. Water flowing in roadside ditches shall be diverted away from the road as quickly as possible. In no case shall water travel in a roadside ditch for a distance Dunlap Minor Subdivision Garfield County LUC Article 7: Division 1,2,3,4 greater than 800 feet or have a flow greater than 5 cubic feet per second during a 25 - year, 24-hour storm event. The driveways have been designed to minimize roadside flows. Flows will be diverted under the road at culvert crossings in low points of the driveways. 7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS. Land subject to identified Natural and Geologic Hazards, such as falling rock, landslides, snow slides, mud flows, radiation, flooding, or high-water tables, shall not be developed unless it has been designed to eliminate or mitigate the potential effects of hazardous site conditions as designed by a qualified professional engineer and as approved by the County. The areas of the lots subject to Flood Hazards have been identified on the Plat and no residences shall be constructed in these areas. No other Natural or Geologic Hazards exist. 7-109. FIRE PROTECTION. A. Adequate Fire Protection. Adequate fire protection will be provided for each land use change as required by the appropriate fire protection district. The Colorado River Fire Protection District has been contacted and will provide a response as part of the development review. B. Subdivisions. All divisions of land must be reviewed and approved by the appropriate fire protection district for adequate primary and secondary access, fire lanes, water sources for fire protection, fire hydrants, and maintenance provisions. DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS. The following resource protection standards apply to all proposed Land Use Changes, including divisions of land unless elsewhere in this Code a use is explicitly exempt from 1 or more standards. 7-201. AGRICULTURAL LANDS. A. No Adverse Effect to Agricultural Operations. Land Use Changes on lands adjacent to or directly affecting agricultural operations shall not adversely affect or otherwise limit the viability of existing agricultural operations. Proposed division and development of the land shall minimize the impacts of development on Agricultural Lands and agricultural operations, and maintain the opportunity for agricultural production. The proposed development does not negatively impact any adjacent agricultural operation. B. Domestic Animal Controls. Dogs and other domestic animals that are not being used to assist with the herding or the care of livestock shall not be permitted to interfere with livestock or the care of livestock on Agricultural Lands. The County shall require protective covenants or deed restrictions as necessary to control domestic animals. All domestic animals will be contained within the individual lots and comply with County Codes. C. Fences. Dunlap Minor Subdivision Gartield County LUC Article 7: Division 1,2,3,4 The County is a Right to Farm County consistent with section 1-301. Fences shall be constructed to separate the development from adjoining Agricultural Lands or stock drives as required to protect Agricultural Lands by any new development and to separate new development from adjoining agricultural operations. All parts of the fencing including such items as gates, cattle guards, boards, posts, and wiring shall be maintained by the owner, HOA, or other responsible entity. Fences exist around the perimeter of the entire development. Internal fences will be the responsibility of each individual home owner. All fencing will be compliant with CPW fencing recommendations for wildlife safety. D. Roads. Roads shall be located a sufficient distance back from the property boundaries so that normal maintenance of roads, including snow removal, will not damage boundary fences. Dust control shall be required, both during and after construction, to minimize adverse impacts to livestock and crops. The driveway locations are internal to the development. It will be the responsibility of each homeowner to maintain their driveway. E. Ditches. 1. Colorado State Statutes, C.R.S. 37-86-102, provides that "any person owning a water right or conditional water right shall be entitled to a right- of -way through the lands which lie between the point of diversion and point of use or proposed use for the purpose of transporting water for beneficial use in accordance with said water right or conditional water right." A plat note shall be placed on all final plats and site plans for land use change permits for properties that are impacted by, or contain, irrigation ditches. 2. The Colorado Constitution Article XVI, Section 7 provides that all persons and corporations shall have the right-of-way across public, private and corporate lands for the construction of ditches for the purposes of conveying water for domestic, agricultural, mining, manufacturing and drainage purposes upon just compensation. 3. Rights -of -Way. The land use change shall not interfere with the ditch rights-of-way. 4. Maintenance. Where irrigation ditches cross or adjoin the land proposed to be developed, the developer shall insure that the use of those ditches, including maintenance, can continue uninterrupted. All ditches shall remain in use as part of the development. Maintenance will be the responsibility of the individual ditch owners. 5. Maintenance Easement. A maintenance easement shall be indicated on any Final Plat for the division of land or for the final development plan for any other land use. The Applicant shall provide a letter from the ditch owner accepting that the development proposal will have no impact on their ability to maintain the ditch and that an adequate maintenance easement is possible. No structure or fence shall be placed within the right-of-way or easement without written permission from the appropriate ditch owner. A Plat Note will be on the Final Plat. 6. Ditch Crossings. Ditch crossings shall respect the rights of ditch owner(s) to operate and maintain their ditch without increased burden of maintenance or liability. Development shall minimize ditch crossings. At a minimum all irrigation ditch crossings shall: Dunlap Minor Subdivision Garfield County LUC Article 7: Division 1,2,3,4 a. Require the crossing be sized to not interfere with ditch operations or change existing hydraulic flow characteristics; b. Provide vehicle and maintenance equipment access to the ditch from both sides of the ditch crossing from all roads for use by the ditch owner(s); c. Prior to permit application, or construction within the ditch right -of- way the Applicant shall provide a letter from the ditch company regarding agreement with standards contained in the proposed crossing; d. The BOCC may require specific improvements to ditch crossings if determined to be necessary in the review process, particularly if these improvements are required to address safety concerns; All ditch crossings currently exist. The addition or improvements to any ditches will be reviewed by Silt Water Conservancy District and individual ditch owners as necessary. 7. Referral to Ditch Owner. Application for Division of Land or Land Use Change Permit that may affect or impact any ditch right-of-way shall include the name and mailing address of the ditch owner. (This information may be obtained by contacting the Water Commissioner at the Colorado Division of Water Resources to determine the ditch owner for purposes of requesting review and comment on the development proposal). The Silt Water Conservancy District is a referral agency for this project. 8. Drainage. Application for Division of Land or Land Use Change Permit that includes any improvements located adjacent to or below grade of an irrigation ditch shall address and mitigate potential impacts to the irrigation ditch in a drainage plan. The drainage plan shall demonstrate that the drainage will not impair operation of the ditch. The driveways will not impact the existing drainage ditches. 9. Water Quality and Stormwater Management. No development or changes in land use shall channel surface waters into any irrigation ditch without the written consent of the ditch owner. See the Drainage and Stormwater report provided. No impacts to ditches are anticipated. 7-202. WILDLIFE HABITAT AREAS. The Applicant shall consult with the Colorado Parks and Wildlife or a qualified wildlife biologist in determining how best to avoid or mitigate impacts to wildlife habitat areas. Methods may include, but are not limited to, 1 or more of the following: A. Buffers. Visual and sound buffers shall be created through effective use of topography, vegetation, and similar measures to screen structures and activity areas from habitat areas. B. Locational Controls of Land Disturbance. Land disturbance shall be located so that wildlife is not forced to use new migration corridors, and is not exposed to significantly increased predation, interaction with vehicles, intense human activity, or more severe topography or climate. C. Preservation of Native Vegetation. 1. Proposed Land Use Changes are designed to preserve large areas of vegetation utilized by wildlife for food and cover, based upon recommendations by the Colorado Parks and Wildlife. Dunlap Minor Subdivision Garfield County LUC Article 7: Division 1,2,3,4 2. When native vegetation must be removed within habitat areas, it shall be replaced with native and/or desirable nonnative vegetation capable of supporting post - disturbance land use. 3. Vegetation removed to control noxious weeds is not required to be replaced unless the site requires revegetation to prevent other noxious weeds from becoming established. D. Habitat Compensation. Where disturbance of critical wildlife habitat cannot be avoided, the developer may be required to acquire and permanently protect existing habitat to compensate for habitat that is lost to development. E. Domestic Animal Controls. The County may require protective covenants or deed restrictions as necessary to control domestic animals by fencing or kenneling. The low density of the development lends itself to continued use of the area by wildlife with minimal impacts anticipated. Domestic animal control will comply with County Codes. 7-203. PROTECTION OF WATERBODIES. There are no water bodies on the site. Only intermittent flowing channels exist. 7-204 DRAINAGE AND EROSION. A. Erosion and Sedimentation. Excluding Grading activities for agricultural purposes, development disturbing 1 acre or more is subject to the CDPHE National Pollutant Discharge Elimination System Permit, unless otherwise exempted by CDPHE. B. Drainage 1. Site Design to Facilitate Positive Drainage. Lots shall be laid out to provide positive drainage away from all buildings. 2. Coordination With Area Storm Drainage Pattern. Individual lot drainage shall be coordinated with the general storm drainage pattern for the area. a. Drainage ditches shall have a minimum Slope of no less than 0.75%. Energy dissipaters or retention ponds shall be installed in drainage ditches where flows are in excess of 5 feet per second. Ditches adjacent to roads shall have a maximum Slope of 3:1 on the inside and outside edges, except where there is a cut Slope on the outside edge, in which case the edge of the ditch shall be matched to the cut Slope. b. Subdrains shall be required for all foundations where possible and shall divert away from building foundations and daylight to proper drainage channels. c. Avoid Drainage to Adjacent Lots. Drainage shall be designed to avoid concentration of drainage from any lot to an adjacent lot. The newly proposed residences for Lots 1 and 2 will incorporate adequate drainage practices. The Drainage Report provided as part of this application provides calculations. C. Stormwater Run -Off. These standards shall apply to any new development within 100 feet of a Waterbody and to any other development with 10,000 square feet or more of impervious surface area. Dunlap Minor Subdivision Garfield County LUC Article 7: Division 1,2,3,4 The proposed development does not include more than 10000-sf of impervious area outside of agricultural uses. 1. Avoid Direct Discharge to Streams or Other Waterbodies. Stormwater Runoff from project areas likely to contain pollutants shall be managed in a manner that provides for at least 1 of the following and is sufficient to prevent water quality degradation, disturbance to adjoining property, and degradation of public roads. 2. Minimize Directly -Connected Impervious Areas. The site design shall minimize the extent of directly -connected impervious areas by including the following requirements: 3. Detain and Treat Runoff. Permanent stormwater detention facilities are required to be designed to detain flows to historic peak discharge rates and to provide water quality benefits and maintained to ensure function. Design criteria for detention facilities include: a. Detention facilities shall ensure the post -development peak discharge rate does not exceed the pre -development peak discharge rate for the 2 -year and 25 -year return frequency, 24- hour duration storm. In determining Runoff rates, the entire area contributing Runoff shall be considered, including any existing off- site contribution. b. To minimize the threat of major property damage or loss of life, all permanent stormwater detention facilities must demonstrate that there is a safe passage of the 100 -year storm event without causing property damage. c. Channels downstream from the stormwater detention pond discharge shall be protected from increased channel scour, bank instability, and erosion and sedimentation from the 25 -year return frequency, 24-hour design storm. d. Removal of pollutants shall be accomplished by sizing dry detention basins to incorporate a 40 -hour emptying time for a design precipitation event of 0.5 inches in 24 hours, with no more than 50% of the water being released in 12 hours. If retention ponds are used, a 24-hour emptying time is required. For drainage from Parking Lots, vehicle maintenance facilities, or other areas with extensive vehicular use, a sand and oil grease trap or similar measures also may be required. To promote pollutant removal, detention basins length -to -width ratio should be not less than 2, with a ratio of 4 recommended where site constraints allow. A sedimentation "forebay" is recommended to promote long- term functioning of the structure. Access to both the forebay and pond by maintenance equipment is required. e. Culverts, drainage pipes, and bridges shall be designed and constructed in compliance with AASHTO recommendations for a water live load. The Drainage Report provided as part of this application provides calculations and indicates that detention is not needed due to the low density of the development. A 100 -year storm event inundation area was calculated and indicated on the Plat and Plans 7-205. ENVIRONMENTAL QUALITY. A. Air Quality. B. Any Land Use Change shall not cause air quality to be reduced below acceptable levels established by the Colorado Air Pollution Control Division. C. Water Quality. At a minimum, all hazardous materials shall be stored and used in compliance with applicable State and Federal hazardous materials regulations. Dunlap Minor Subdivision Garfield County LUC Article 7: Division 1,2,3,4 Any activities will comply with these requirements and per Federal, State and County regulations 7-206. WILDFIRE HAZARDS. The following standards apply to areas subject to wildfire hazards as identified on the County Wildfire Susceptibility Index Map as indicated in the County's Community Wildfire Protection Plan. The site is not located in a severe designated area. A. Location Restrictions. Development associated with the land use change shall not be located in any area designated as a severe wildfire Hazard Area with Slopes greater than 30% or within a fire chimney as identified by the Colorado State Forest Service. B. Development Does Not Increase Potential Hazard. The proposed Land Use Change shall be developed in a manner that does not increase the potential intensity or duration of a wildfire, or adversely affect wildfire behavior or fuel composition. Proper wildfire mitigation techniques will be employed — ie reduce brush, weeds etc adjacent to structures. C. Roof Materials and Design. Roof materials shall be made of noncombustible materials or other materials as recommended by the local fire agency. Roof materials allowed by code will be utilized. 7-207. NATURAL AND GEOLOGIC HAZARDS. A. Utilities. Above -ground utility facilities located in Hazard Areas shall be protected by barriers or diversion techniques approved by a qualified professional engineer. The determination to locate utility facilities above ground shall be based upon the recommendation and requirements of the utility service provider and approved by the County. B. Development in Avalanche Hazard Areas. NA C. Development in Landslide Hazard Areas. NA D. Development in Rockfall Hazard Areas. NA E. Development in Alluvial Fan Hazard Area. NA F. Slope Development. No development shall occur on steep or unstable slopes. G. Development on Corrosive or Expansive Soils and Rock. Development in areas with corrosive or expansive soils and rock shall be designed based upon an evaluation of the development's effect on Slope stability and shrink -swell characteristics. Development shall be permitted only if the Applicant demonstrates that the development cannot avoid such areas Dunlap Minor Subdivision Garfield County LUC Article 7: Division 1,2,3,4 and the development complies with design, construction stabilization, and maintenance measures certified by a qualified professional engineer, or qualified professional geologist, and is approved by the County. 1. Surface drainage shall be directed away from foundations. 2. Runoff from impervious surfaces shall be directed into natural drainages or otherwise on-site in a manner that does not create or increase adverse impacts to the development site or to adjacent or other property. Proposed new residences will be required to obtain a complete geotechnical and soils analysis at the time of Building Permit application. The application will include a grading and drainage plan. NA H. Development in Mudflow Areas. Development Over Faults. NA 7-208. RECLAMATION. A. Applicability. These standards shall apply to any development that requires a Land Use Change Permit, including divisions of land, as well as to the following activities: 1. Installation of ISDS. Installation of a new or replacement ISDS. 2. Driveway Construction. Any driveway construction that requires a Garfield County Access Permit or a CDOT Access Permit. 3. Preparation Area. All areas disturbed during development that do not comprise the longer-term functional areas of the site but are those areas used for the short-term preparation of the site. B. Reclamation of Disturbed Areas. Areas disturbed during development shall be restored as natural -appearing landforms that blend in with adjacent undisturbed topography. When the final landform is achieved, the surface shall be stabilized by vegetation or other means to reduce further soil erosion from wind or water, provide forage and cover, prevent fugitive dust as required by State Statute, and reduce visual impacts. 1. Contouring and Revegetation. Abrupt angular transitions and linear placement on visible Slopes shall be avoided. Areas disturbed by Grading shall be contoured so they can be revegetated, and shall be planted and have vegetation established. A uniform vegetative cover shall be established with an individual plant density of at least 70% of pre- disturbance levels within 4 growing seasons. Revegetation cover shall consist of a diversity of native and/or beneficial nonnative vegetation species capable of supporting the post -disturbance land use. State or County listed noxious weeds, as well as alien annual invasive species, do not count as part of the 70% cover. To the maximum extent feasible, disturbed areas shall be revegetated to a desired plant community with composition of weed -free species and plant cover typical to that site. The proposed development anticipates minimal disturbance outside of the private driveways therefore minimal revegetation will be required. 2. Weed Management. A management plan with appropriate strategies shall be employed for all Garfield County listed noxious weeds, State of Colorado listed noxious weeds that are targeted for statewide eradication and any other invasive species. Dunlap Minor Subdivision Garfield County LUC Article 7: Division 1,2,3,4 Weed management will include chemical and/or mechanical mitigation to minimize noxious weeds. The site includes pocket areas of Russian Knapweed that will be controlled by the individual lot owners. 3. Application of Top Soil. Top soil shall be stockpiled and placed on disturbed areas and managed for later use in reclamation. Provisions for salvaging on-site topsoil, a timetable for eliminating topsoil and/or aggregate piles and a plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more shall be reviewed and accepted by the Garfield County Vegetation Manager. NA 4. Retaining Walls. Retaining walls made of wood, stone, vegetation, or other materials that blend with the natural landscape shall be used to reduce the steepness of cut Slopes and to provide planting pockets conducive to revegetation. No retaining walls are included in the development design. 5. Slash Around Homes. To avoid insects, diseases, and wildfire hazards, all vegetative residue, branches, limbs, stumps, roots, or other such flammable lot -clearing debris shall be removed from all areas of the lot in which such materials are generated or deposited, prior to final building inspection approval. This will be done at the time of individual building permit application. 6. Removal of Debris. Within 6 months of substantial completion of soil disturbance, all brush, stumps, and other debris shall be removed from the site. All debris shall be cleaned. 7. Time Line Plan. Every area disturbed shall have a time line approved for the reclamation of the site. All disturbance will be reclaimed at the time of construction. The plan includes minimal site construction so there will be minimal cleanup required. DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS. Unless a use is explicitly identified elsewhere in this Code as being exempt from 1 or more standards, the following standards shall apply to all uses, divisions of land and PUDs. Single- family dwelling units, are specifically exempt from these Division 3 standards. 7-301. COMPATIBLE DESIGN. The design of development associated with the land use change shall be compatible with the existing character of adjacent uses. A. Site Organization. The site shall be organized in a way that considers the relationship to streets and Tots, solar access, parking, pedestrian access, and access to common areas. B. Operational Characteristics. The operations of activities on the site shall be managed to avoid nuisances to adjacent uses relating to hours of operations, parking, service delivery, and location of service areas and docks. 1. Dust, odors, gas, fumes, and glare shall not be emitted at levels that are reasonably objectionable to adjacent property. Dunlap Minor Subdivision Garfield County LUC Article 7: Division 1,2,3,4 2. Noise shall not exceed State noise standards pursuant to C.R.S., Article 12 of Title 25, unless the use is regulated by the COGCC. In this case, the use shall be subject lu COGCC Rules regarding noise abatement. 3. Hours of operation shall be established to minimize impacts to adjacent land uses. C. Buffering. Buffering shall be installed to mitigate visual, noise, or similar impacts to adjacent property whenever adjacent uses are in a different zone district. D. Materials. Exterior facades shall be constructed with materials that do not detract from adjacent buildings or uses. 7-302. OFF-STREET PARKING AND LOADING STANDARDS. A. Off -Street Parking Required. All land uses shall be required to provide the number of off-street parking spaces set forth in Table 7- 302.A. Any use not specifically listed in Table 7-302.A. shall be determined by the Director. 1. A parking or loading space that is required by this Code shall not be a required parking or loading space for another use unless it can be shown that the shared use will not result in a shortage of parking at any time. Use of approved shared parking or loading spaces, based upon the following conditions, may reduce the number of off-street parking spaces by up to 20% of the total required for all uses. a. The peak use periods for the required parking or loading space will not overlap with one another. b. The shared use arrangement for parking or loading spaces shall be for 2 or more uses located on the same site or adjoining sites. 2. 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. Each lot will provide a minimum of 2 parking spaces per residence. All spaces are off-street. NA NA B. Off -Street Loading Required. C. Continuing Obligation. The provision and maintenance of off-street parking and loading spaces that comply with this Code shall be a continuing obligation of the property owner. D. Location of Required Parking Spaces. Required off-street parking spaces shall be located on the same lot or the adjacent lot proximate to the business they are intended to serve. E. Loading and Unloading. Loading and unloading of vehicles serving commercial and industrial uses shall be conducted in a manner that does not interfere with the proper flow of traffic. F. Parking and Loading Area Surface. Dunlap Minor Subdivision Garfield County LUC Article 7: Division 1,2,3,4 1. Surface Materials. Off-street parking areas, loading areas, aisles, and access drives shall have a durable, all-weather surface made of materials that are suitable for the uses to which the parking area will be put. 2. Grading and Drainage. Parking and loading surfaces shall be design by an engineer to ensure proper drainage off surface and stormwater. 3. Striping. Paved surfaces shall be striped to demarcate the parking spaces for all commercial lots and for residential lots containing over 4 contiguous spaces. All private parking areas shall be all weather and provide drainage as indicated on the individual Building Permit site plan. G. Minimum Dimensions of Parking Areas. The minimum dimensions of parking spaces, aisles, and back-up areas are specified in Figure 7-302. The length of a parking space may be reduced to 18 feet, including wheel stop, if an additional area of 2 feet in length is provided for the front overhang of the car, provided that the overhang shall not reduce the width of the adjacent walkway to Tess than 4 feet. All parking areas shall comply. NA NA NA H. Compact Car Spaces. In parking areas containing more than 10 spaces, up to 20% of the number of spaces over the first 10 spaces may be designed and designated for compact cars. 1. Minimum Dimensions. A compact car space shall have minimum dimensions of 8 feet in width by 16 feet in length. 2. Signage. Compact car spaces shall be designated for exclusive use by compact cars and identified by stencil signage or a raised identification sign not to exceed dimensions I. Minimum Dimensions of Loading Berths. The minimum dimension of any loading berth shall be 10 feet wide by 35 feet long, with a vertical clearance of 14 feet. If the typical size of vehicles used in connection with the proposed use exceeds these standards, the dimensions of these berths shall be increased. J. Handicapped or Accessible Parking. Accessible parking shall comply with the County's construction codes and the adopted or most recent edition of CABO/ICC ANSI A 117.1. K. 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. NA due to the rural, low density nature of the development. L. Tandem Parking. M. Tandem parking (a vehicle parking directly behind another) that meets the following conditions may be applied to meet the off-street parking standards of this Code: 1. The space does not impede the movement of other vehicles on the site; Dunlap Minor Subdivision Garfield County LUC Article 7: Division 1,2,3,4 2. Tandem spaces serving multi -family dwelling units are assigned to the same dwelling unit; and 3. Valet parking shall be provided for tandem spaces serving commercial uses. N. Backing Onto Public Streets Prohibited. All parking areas shall be located and designed in conjunction with a driveway so that vehicles exiting from a parking space shall not be required to back onto a public road. Vehicles exiting from a parking space for a single-family or duplex dwelling unit may back onto a residential street. Vehicles exiting from a parking space for any use may back onto the right-of-way of an Alley adjacent to the property. Not required due to the rural nature of the development. O. Access Driveways. Access driveways for required off-street parking areas shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress, and the maximum safety of pedestrian and vehicular traffic on the site. 1. Minimum Width. a. The minimum width of the access driveway for a commercial or industrial use shall be 12 feet for a 1 -way drive and 24 feet for a 2- way drive. b. The access driveway for a residential use shall be 10 feet for a 1- way drive and 20 feet for a 2 -way drive. 2. Clear Vision Area. Access driveways shall have a minimum clear vision area as described and illustrated in section 7-303.1. Residential private driveways provide access for each lot with a minimum width of 12 feet per Garfield County LUC. P. Parking and Loading Area Landscaping and Illumination. Off-street parking and loading areas for nonresidential uses located adjacent to residential uses or Residential Zoning Districts shall be landscaped to minimize disturbance to residents, including installation of perimeter landscaping, proper screening of loading areas with opaque materials, and control of illumination. NA 7 303. LANDSCAPING STANDARDS. Single -Family Dwelling Units, Accessory Dwelling Units, Industrial Uses and all uses located fully within a parcel of land in an Industrial Zone District are exempt from this section. A. General Standards. 1. All portions of the site where existing vegetative cover is damaged or removed, that are not otherwise covered with new improvements, shall be successfully revegetated with a mix of native, adaptive, and drought- tolerant grasses, ground covers, trees and shrubs. The density of the re- established vegetation must be adequate to prevent soil erosion and invasion of weeds after 1 growing season. 2. Landscaping shall not obstruct fire hydrants or utility boxes and shall be installed so it will not grow into any overhead utility lines. Trees and shrubs shall not be planted within 4 feet of existing overhead or underground lines These standards will be adhered to. The primary disturbance will be in the area of the proposed new residences and these areas will be re-established during the building of these. B. Multi -Family Development. Dunlap Minor Subdivision Garfleld County LUC Article 7: Division 1,2,3,4 NA C. Subdivision, PUD, and Rural Land Development Exemption. Landscaping in a residential Subdivision, Planned Unit Development, or Rural Land Development Exemption shall be consistent with the character of the development, the unique ecosystem, and specific environment in which the development is located. Vegetation added to the area will be consistent. D. 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 special distribution patterns. Whenever possible, drought -resistant varieties of plant materials shall be utilized. Xeriscape design principles and the use of native plant species shall be used when appropriate. E. Existing Vegetation. Healthy trees, native vegetation, natural or significant rock outcroppings, and other valuable features shall be preserved and integrated within planting areas. Existing areas will be maintained to the extent possible F. Minimum Size. To ensure healthy plant materials are installed in new development, trees and shrubs shall comply with the quality standards of the Colorado Nursery Act, 1973 C.R.S. Title 35, Article 26. 3. Deciduous Trees. Deciduous trees shall be a minimum of 1-1/2 inches in caliper, measured at a point 4 inches above the ground. 4. Coniferous Trees. Coniferous trees shall be a minimum of 4 feet in height, measured from the top of the root ball to the top of the tree. 5. Ornamental Trees. Ornamental trees shall be a minimum of 1-1/2 inches in caliper, measured at a point 4 inches above the ground. 6. Shrubs and Vines. Shrubs shall be a minimum of 1 foot in height at time of planting. Vines shall be in a minimum 1 -gallon container. G. Minimum Number of Trees and Shrubs. Trees and shrubs must be grouped in strategic areas and not spread thinly around the site. Where screening is required, plant materials must be sufficient to create a semi- opaque wall of plant material between the property and the adjoining area to be screened. Trees and shrubs will be added at the time of building construction for new residences. No plantings are anticipated as part of the current subdivision process. H. 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 designed in compliance with section 7- 305, Snow Storage Standards. NA I. Clear Vision Area. A Clear Vision Area is the area formed by the intersection of the driveway centerline road right-of-way, the other road right-of-way line, and a straight line joining said lines through points 20 feet from their intersection as illustrated in Figure 7-303.A. Within a Clear Vision Area, plant materials shall be limited Dunlap Minor Subdivision Garfield County LUC Article 7: Division 1,2,3,4 to 30 inches in height to avoid visibility obstructions or blind corners at intersections as illustrated in Figure 7-303.B. The driveway intersections with the County Road are clear of screening vegetation and will be maintained. J. Landscaping Within Off -Street Parking Areas. 1. All off-street parking areas containing 15 or more spaces shall provide landscape buffers when adjacent to a public road. Landscape buffers may be achieved through the use of earthen berms, shrubs, trees, or other appropriate materials to effectively screen the parking area from the right-of-way. 2. Interior Parking Areas. Planting shall be established to break up the interior of all parking areas. Landscape planting islands shall be a minimum of 8 feet in width, as shown in Figure 7-303.C, to ensure adequate room for planting. NA K. Figure 7-303 C: Planting Strip 7-304. LIGHTING STANDARDS. Any exterior lighting shall meet the following conditions: There is no lighting proposed as part of the subdivision. Each individual lot will provide lighting as part the residential construction that is compliant with County regulations. A. Downcast Lighting. Exterior lighting shall be designed so that light is directed inward, towards the interior of the Subdivision or site. B. Shielded Lighting. Exterior lighting shall be fully shielded or arranged in a manner so that concentrated rays of light will not shine directly onto other properties. C. Hazardous Lighting. The direct or reflected Tight from any light source shall not create a traffic hazard. Colored lights shall not be used in such a way as to be confused or construed as traffic control devices. D. Flashing Lights. Blinking, flashing, or fluttering lights, or other illuminated device that has a changing light intensity, brightness, or color, shall be prohibited in all zone districts. E. Height Limitations. Light sources which exceed 40 feet in height shall not be permitted except for temporary holiday displays or as required by local, State or Federal regulations. 7-305. SNOW STORAGE STANDARDS. All residential uses except for multi -family are exempt from this section, unless the residential use includes a common outdoor parking area. Dunlap Minor Subdivision Garfield County LUC Article 7: Division 1,2,3,4 NA 7-306. TRAIL AND WALKWAY STANDARDS. Due to the rural nature of the development and the lack of adjacent recreational facilities, no trails or walkways for public use are proposed as part of the development. DIVISION 4. SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS. The following standards apply to all divisions of land unless elsewhere in this Code a division of land is explicitly exempt from 1 or more standards. 7-401. GENERAL SUBDIVISION STANDARDS. A. Maintenance of Common Facilities. Maintenance of common facilities must be accomplished either through covenants of a homeowners association, a separate maintenance agreement, or some other perpetual agreement. The driveway for Lots 1 and 2 will have a maintenance agreement as it is the only common facility. B. Domestic Animal Control. In each residential unit within the Subdivision, domestic animals shall be confined within the owner's property boundaries and kept under control when not on the property. This requirement for domestic animal control shall be included in the protective covenants for the Subdivision, with enforcement provisions acceptable to the County. Noted on the Plat C. Fireplaces. Any new solid -fuel burning stove, as defined by C.R.S. § 25-7-401, et seq., shall be limited to 1 per lot within a Subdivision. Open hearth, solid -fuel fireplaces shall be prohibited. All dwelling units shall be allowed natural gas burning stoves and appliances. D. Development in the Floodplain. 1. All Subdivision proposals shall be reasonably safe from flooding. If a subdivision or other development proposal is in a flood -prone area, the proposal shall minimize flood damage. 2. BFE data shall be generated by the Applicant for Subdivision proposals and other proposed development which are greater than 50 lots or 5 acres, whichever is less. 3. All Subdivision proposals, including the placement of Manufactured Home Parks, shall have adequate drainage provided to reduce exposure to flood hazards. 4. All Subdivision proposals, including the placement of Manufactured Home Parks and Subdivisions, shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage. A drainage and flood study have been provided as part of the submittal. 7-402. SUBDIVISION LOTS. All lots in any Subdivision shall conform to the following specifications: All lots conform to the requirements as set forth in the Garfield County LUC documents. A. Lots Conform to Code. Dunlap Minor Subdivision Garfield County LUC Article 7: Division 1,2,3,4 Lot area, width, frontage, depth, shape, location, and orientation shall conform to the applicable zone district requirements and other appropriate provisions of this Code. 1. 1 he Lot Size may be increased for lots developed in areas posing a potential hazard to health or safety due to soil conditions or geology. 2. Lot characteristics shall be appropriate for the location of the development and the type of use allowed. a. Depth and width of lots shall be adequate to provide for the required off-street parking and loading facilities required by the type of use and development contemplated. b. The width of residential corner lots shall be sufficient to accommodate the required building setback from both roads. 3. For lots less than 1 acre in size, the original and undisturbed Slope in excess of 30% shall not be credited toward lot area in determining whether the minimum lot area requirements will be met. B. Side Lot Line Alignment. Side Lot Lines shall be substantially at right angles or radial to road right-of-way lines. C. Lots Configuration, Cul -de -Sacs. Wedge-shaped lots or lots fronting on cul-de-sacs shall be a minimum of 25 feet In width at the front property line. D. Lot Division by Boundaries, Roads, or Easements Prohibited. No lots shall be divided by municipal boundaries, County roads or public rights-of-way. 7-403. SURVEY MONUMENTS. Permanent Survey Monuments shall be set within all Subdivisions pursuant to C.R.S. §§ 38-51- 104 and 38-51- 105. Prior to selling or advertising the sale of lots, No. 5 steel rebar, 18 inches or longer in length, shall be set at all lot corners. The registration number of the responsible land surveyor shall be fixed securely to the top of all monuments, markers, and benchmarks. A. Monuments Located Within Streets. Monuments located within streets shall be No. 5 rebar steel, 36 inches or longer in length, placed so that their tops are 6 inches below the final street surface. When a street is paved or otherwise surfaced, all such monuments within the paved or surfaced area shall be fitted with monument boxes of sturdy construction. Monuments set after paving or surfacing shall also be provided with sturdy monument boxes. B. Setting by Standard Construction Techniques. All monuments, markers, and benchmarks shall be set or witnessed according to standard construction techniques and in a fashion that is satisfactory to the BOCC. Noted and designated on the Plat. 7-404. SCHOOL LAND DEDICATION. A. General. The BOCC shall require reservation, dedication, or payment in lieu for school land. The BOCC may require payment of a sum of money not exceeding the fair market value of such sites and land areas, or a combination of land dedication and payment in lieu of dedication. Dunlap Minor Subdivision Garfield County LUC Article 7: Division 1,2,3,4 The developer proposes to pay in lieu of dedication. The final amount will be dedicated per section C.1. below equal to 3x$200= $600. NA NA B. Amount of School Land Dedicated. C. Payment -In -Lieu of Dedication of School Land. Based upon recommendation from the potential receiving body, the BOCC may accept a cash payment from the Applicant in lieu of dedicated land ("Payment"), in whole or part. 1. Property Not Within RE -1 School District. For all property not located in the RE -1 School District, the Applicant will pay $200 per dwelling unit to the appropriate school district, unless previous agreements have been made between the Applicant and the school district to pay for school impacts. 2. Property Within RE -1 School District. Payment shall be based on the unimproved fair market value of the land. 3. Formula for Payment. Unimproved Per Acre Market Value of Land x Land Dedication Standard x Number of Units = Payment a. Unimproved Market Value of Land. Unimproved market value of the land shall be determined by an appraisal performed within the last 6 months for the Applicant, by an individual qualified in the State of Colorado to establish the unimproved market value of the property just prior to the approval of a Final Plat. Any dispute of the market value would be based upon a separate appraisal by an individual qualified in the State of Colorado to establish the value, which shall be paid for by the school district. In the event the school district declines to conduct a separate appraisal, the Applicant's appraisal will be used. b. Land Dedication Standard. The land dedication standard set forth in section 7- 404.B. c. Number of Units. The number of dwelling units proposed. 4. Payments Held in Escrow. Payments received by the BOCC shall be held in an escrow account by the County for the purposes allowed by C.R.S. § 30-28-133. 5. Release of Land or Payment. After Final Plat approval and receipt of dedications, the BOCC shall give written notification to the appropriate receiving body. a. Following notice by the BOCC, the receiving body may request the dedication, and the BOCC shall transfer the lands to the appropriate receiving body. b. Funds may be released to the appropriate receiving body if the BOCC finds that the proposed use of funds is compatible with the intent of the payment or sale of the land. c. The County shall retain a reasonable management fee for the holding and maintenance of escrow accounts for payments, provided that the management fee does not exceed the amount of interest generated by the account. 7-405. ROAD IMPACT FEES. Except as otherwise provided in this section, Road Impact Fees shall be implemented and administered consistent with the Road Impact Fee Update study dated July 1, 2015. Dunlap Minor Subdivision Garfield County LUC Article 7: Division 1,2,3,4 A. General Requirements. 1. The County shall collect Road Impact Fees for new development prior to the issuance of a building permit consistent with the adopted fee schedule. 2. All Road Impact Fees collected will be put into a separate interest-bearing account in the County Treasurer's Office for the specific Benefit Areas from which fees are collected. All fees collected and interest accrued must be spent on growth -related improvements within the specific Benefit Area from which the fees were collected within 10 years of the date that the fee is established. If, after 10 years, the fees collected have not been spent on development -related capital improvements, all fees will be returned to the land owner of the property assessed an impact fee, with interest accrued. 3. Any fees collected after the completion of growth -related improvements for a road project may be credited to the appropriate project and will be used to reimburse the County for the funds advanced to complete the project. 4. The BOCC may determine that certain portions of improvements to a road are critical to complete before there are any additional traffic generating uses added to the road. If a development is proposed before the County has scheduled to make the necessary improvements, the developer may be required to pay the total cost of the needed improvements prior to the County's schedule. Impact fees that would be due by the developer shall be credited against the cost of the needed improvements. B. Road Impact Fee Schedule by Development Type. Development shall pay the following impact fees per development type at the time of building permit. The Development Type categories are defined as follows: 1. Industrial includes the processing or production of goods, along with warehousing, transportation, communications, and utilities. 2. Commercial includes retail development and eating and drinking establishments, along with entertainment uses often located in a shopping center 3. Institutional includes public and quasi -public buildings providing educational, social assistance, or religious services, and government buildings. 4. Office and Other Services includes offices, health care and personal services, business services (e.g. banks), and lodging. Division 5. Standards Applicable to Conservation Subdivision. C. Benefit Districts. The Road Impact Fee will be collected at a rate as established in Table 7-405: Road Impact Fees for development within each Benefit District the County and shall be spent within the corresponding Benefit District from which they are collected. The Road Impact Fee will be pad prior to recording of the Final Plat based on calculations consistent with the Fee Schedule and negotiated with the County at the time of building permit application for each new residence. Dunlap Minor Subdivision Garfield County LUC Article 7: Division 1,2,3,4