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HomeMy WebLinkAbout1.00 ApplicationGurfield County Commun ity Development Depârtment I"o8 8'o Street Suite 401 Glenwqod Springs, CO 816O1 {e70l e4s-821 2 t¡4ww. garf ie_ld- countv. com D¡VISIONS OF LAND APPTICATION FORM wPE OF SUBDIVIS|ONIEXEMPTION n Minor Subdivision l¡gtþ lnary PIan A¡lgrdmenJ ! I or Subdivision il Sketch fl Prelimina E r¡nal ,_*Fitr FinaI Plat Amendment Cornmon lnterest Cornmunity Subdivision Conservation Subdivisiontr Yield E sketch U Þrei¡m¡nrrv Ú r¡nut bl¡./Çg_l1¡!-rle"¿=tplit-Esrypliqn, . - _ ral Land Development Exemption .trPu-"8 R, E lime Extension , rN_voL_v._Eq l4RTtES _ r Öwnery'Applicant Name: Mailing Address: C¡ty:s; ll E-mail: Reprêsentat¡ve Name: Phone:t?y*13]:9-åSøé *aæt {# zíp code: Required) Phone: Mailing Address: ciÇ:$tate: .---*- Zip Code: E. Project Name: -pnolÈä-rr¡nrvle ANÐ LOCATION 7.ftç i.¡Ê]Ftu * ì flonnsn F¡o, Assessorr's pareet rrrumber: å" ¿_ æ7 3 eß_ .ü_ e_ e É -s PhysicaUstreet Address: Legal Description: Zone District: -þ" tee /t#iær *'?åProperty Size (acres) RECEruED fr,tAY 2 3 t0,.q ..,îfiti,ilP,,??#il# oq*liqt¡o n Existing Froposed Use {From Use o Table 3-4031:peæ lé7 ì {'i^,/1 Description of Project: -) ment Area # of Lots _ $!rqgs-ç- æ, Single Family êx Multi-Family Commercial : Industrial Open Space Other To-tal--_ 5- REQUEST FOR WAIVERS Submission Requiremðnts Section; Section: w The Applicant requesti ng a Waiver of 5ubmission Requirements per Section 4-202. List: Section: Section: Waiver of Standards I rne Applicant is requesting a waiver of stanclards per section 4-i.18. List Secticn Section Sectio¡r 5ection I have read the $tatêments aþove and have provided the required attached information which is çorrect and accurate to the best of my knowledge. S¡ênature of 0wner Date OFFIC¡AL USE ONI-Y I File Nurnber:fÍtr LLLL Fee Paid: $o File No. 190106? EXHIBIT ''A" Tor,vnship 5 Sourh - Ranpe 92 r¿!h,l-!4, Section 25 : W1 /2SWl/4; W I/ZNEl l4SWl /4 Section 36;NWt/4NWt/4, Sl/ZNWl/4. Nt/zSWt/4. SWI/4S1Ã/li4 and the \trcst 30 acres of tlre SE1/4S1áll4 LESS AND EXCEPTING û ¿racr of land situarecl nirhin the NWI/4S\üI/4 of said Sec¿ion 25 described as follow.s: Begimring at a point on the North boundary of a cûilnty road 'w'hence ûre East 114 conrer of said Sçctisn 25 bears North 72"3g' East 432g.05 feet" thencç Norrh 782,18 feet, thence'W'est 565.û feet, thence South 782,t8 fec{, thence East 365.u fcct 1o thc POINT OF BEGINNING a1d a right of rvay fçr an existing ditch from said tract to the Vy'est latcral of thc Harvey Gap Reservoir. AND EXCEPTINC erny porlion dcscribcd in dcarcc recordecl August 29, L967 in Book 387 at lr¡sq 305' ALSO EXCEPTINC fhose parcel$ conveys{ in Ðeeds recordcd October l,2018 as &9ççPUglLHq'9J24Ql; October 23. 2û18 as Reqgpliorl N-û_,,_211_3_lå and November 9, 20t8 as Rçqegliç¡r Nq-!13973:. March 26, 2019 as Rece¡tion Na. 9!-Êlq9 and March 26,2(tl9 as B.-gceIlç|IL Lts-g-l-Êi-lå Commonwealth Title Company of Garfield County, Inc. 127 E. 5th Street Rifle, CO 81650 Phone (970) 625-3300 / Fax (970) 625-3305 1322 Grand Avenue Glenwood Springs, CO 81601 Phone (970) 945-4444 / Fax (970) 945-4449 Date: May 20, 2019 File No. 1901067 Property Address. , Wayne H. Pollard Email: Closing Contacts Glenwood Springs office - 970-945-4444 Linda Gabossi - linda@cwtrifle.com Connie Rose Robertson - connie@cwtrifle.com Rifle office - 970-625-3300 Denna Conwell - denna@cwtrifle.com Patti Reich - patti@cwtrifle.com COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 1901067 1. Effective Date: May 10, 2019 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) N/A Proposed Insured: (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: Wayne H. Pollard 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: See Attached Exhibit "A" TITLE CHARGES Informational Commitment $167.00 COUNTERSIGNED: ___________________Patrick P. Burwell_____________________________ Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached American Land Title Association Issuing Agent: Schedule A Commonwealth Title Company of Garfield County, Inc. (Rev'd 6-06) 127 East 5th Street Rifle, CO 81650 File No. 1901067 EXHIBIT "A" Township 5 South, Range 92 West of the 6th P.M. Section 25: W1/2SW1/4; W1/2NE1/4SW1/4 Section 36: NW1/4NW1/4, S1/2NW1/4, N1/2SW1/4, SW1/4SW1/4 and the West 30 acres of the SE1/4SW1/4 LESS AND EXCEPTING a tract of land situated within the NW1/4SW1/4 of said Section 25 described as follows: Beginning at a point on the North boundary of a county road whence the East 1/4 corner of said Section 25 bears North 72°38' East 4329.05 feet, thence North 782.18 feet, thence West 565.0 feet, thence South 782.18 feet, thence East 365.0 feet to the POINT OF BEGINNING and a right of way for an existing ditch from said tract to the West lateral of the Harvey Gap Reservoir. AND EXCEPTING any portion described in decree recorded August 29, 1967 in Book 387 at Page 305. ALSO EXCEPTING those parcels conveyed in Deeds recorded October 1, 2018 as Reception No. 912401; October 23, 2018 as Reception No. 913334 and November 9, 2018 as Reception No. 913973; March 26, 2019 as Reception No. 918509 and March 26, 2019 as Reception No. 918512. File No. 1901067 SCHEDULE B - SECTION 1 The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located. 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. This is an informational only commitment and no policy will be issued hereunder. 5. Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on-the-ground inspection by a registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all improvements, fences, easements, roads, rights-of-way and encroachments or other matters identified in Schedule B - Section 2 of this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute 38-51-102(9), as amended, for an Improvement Survey Plat. NM 6 American Land Title Association Commitment Schedule B - Section 1 - Form 1004-5 DISCLOSURES Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records. The title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the time of closing." Provided Commonwealth Title Insurance Company of Garfield County, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. This Notice is required by Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph G. Pursuant to Colorado Division of Insurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien protection for the prospective insured owner may be available upon compliance with the following conditions: A. The land described in Schedule A of this Commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive appropriate affidavits indemnifying the Company against all unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A through C above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the Company may refuse to delete the exception. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph M. Pursuant to Colorado Division of Insurance Regulation 8-1-3, notice is hereby given of the availability of a Closing Protection Letter which may, upon request, be provided to certain parties to the transaction. Pursuant to C.R.S. §10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district; B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent; C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor; and D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been provided a Certificate of Taxes due from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform. Pursuant to C.R.S. §10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding). Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph J. "Good Funds Law" C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee and Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded. File No. 1901067 SCHEDULE B - SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 1. Rights or claims of parties in possession not shown by the Public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded February 2, 1892 as Reception No. 13488, January 25, 1894 as Reception No. 16856, January 9, 1895 as Reception No. 18080, January 22, 1896 as Reception No. 19023 and September 25, 1908 as Reception No. 35806. 10. Rights of way shown on Plat No. One Antlers Orchard Development Company. 11. Reservation of an undivided One-half interest in all oil, gas and other minerals as more particularly described in deed recorded August 17, 1959 in Book 319 at Page 528 (S1/2NW1/4, SW1/4SW1/4, NW1/4SW1/4 of Section 36) and any and all interests therein or assignments thereof. 12. Reservation of a ditch right of way described in deed recorded June 3, 1964 in Book 358 at Page 297. (Section 25) 13. Reservation of ditches, ditch headers or diversion sites and/or sand traps, ditch rights of way, road and lanes as described in deed recorded May 18, 1934 in Book 167 at Page 334. (Exact location not defined) 14. Reservation of an undivided one-half interest in and to all oil, gas and other minerals as described in deed recorded November 24, 1947 in Book 232 at Page 574 (S1/2NW1/4, SW1/4SW1/4, NW1/4SW1/4 Section 36) and any and all interests therein or assignments thereof. 15. Reservation of an undivided one-half interest in and to all oil, gas and other minerals as described in deed recorded December 2, 1954 in Book 281 at Page 175 (S1/2NW1/4, SW1/4SW1/4, NW1/4SW1/4 Section 36) and any and all interests therein or assignments thereof. 16. Right of way for County Road No. 237. 17. Reservation of an undivided ½ interest in and to all oil, gas and other minerals as more particularly described in Deed recorded October 23, 1957 in Book 305 at Page 58 and any and all assignments thereof or interests therein. 18. Reservation of an undivided one-half interest in all oil, gas and other minerals as more particularly described in Deed recorded August 17, 1959 in Book 319 at Page 526 (NE¼SW¼ and the West 30 acres of the SE¼SW¼ Section 36) and in Deed recorded August 17, 1959 in Book 319 at Page 523 and any and all assignments thereof or interests therein. 19. Any question as to the exact size or location of the West 30 acres of the SE1/4SW1/4 of Section 36. 20. Power line easement conveyed to Public Service Company of Colorado in instrument recorded May 1, 1996 in Book 976 at Page 299; May 19, 2018 as Reception No. 906929; May 19, 2018 as Reception No. 906930; May 18, 2018 as Reception No. 906931. 21. Mineral rights as described in Decree Quieting Title recorded January 23, 2007 in Book 1887 at Page 383 and any and all assignments thereof or interests therein. (Continued) File No. 1901067 SCHEDULE B - SECTION 2 (Continued) 22. Terms, conditions and all matters set forth in unrecorded Lease Agreement by and between A & E Diemoz, LLLP and Wayne Pollard. 23. Reservation and any and all interest in oil and natural gas rights in instrument recorded February 1, 2018 as Reception No. 902839 and any and all assignments thereof or interests therein. 24. Terms and conditions set forth in Declaration of Easements recorded September 13, 2018 as Reception No. 911705. 25. Terms and conditions set forth in Declaration of Utility Easement recorded September 13, 2018 as Reception No. 911704. 26. Terms and conditions set forth in Declaration of Easement and Road Maintenance Agreement recorded September 13, 2018 as Reception No. 911703. 27. Right of way for ditches and canals in place and in use. 28. Easement granted to Public Service Company of Colorado in instrument recorded March 19, 2019 as Reception No. 918273 and March 19, 2019 as Reception No. 918274 and March 19, 2019 as Reception No. 918275. 29. Terms and condition set forth in Declaration of Shared Domestic Water System recorded March 20, 2019 as Reception No. 918315. 30. Terms and conditions set forth in Declaration of Restrictive Covenant recorded March 20, 2019 as Reception No. 918316. 31. Terms and conditions set forth in Easement Deed and Declaration recorded March 20, 2019 as Reception No. 918347. 32. Terms and conditions set forth in Declaration of Easement (access and utility) recorded April 25, 2019 as Reception No. 919589. 33. Terms and conditions set forth in Easement Deed and Declaration (Domestic Waterlines) recorded April 25, 2019 as Reception No. 919590. 34. Terms and conditions set forth in Declaration of Easement (Utility and Irrigation Waterline) recorded April 25, 2019 as Reception No. 919591. 35. Deed of Trust from Wayne H. Pollard and Rifle Creekside Estates LLC to the Public Trustee of Garfield County for the use of Grand Valley Bank, showing an original amount of $1,610,000.00, dated January 31, 2018 and recorded February 1, 2018 as Reception No.902842. 36. Deed of Trust from Wayne H. Pollard to the Public Trustee of Garfield County for the use of Grand Valley Bank, showing an original amount of $500,000.00, dated April 12, 2018 and recorded April 12, 2018 as Reception No.905416. 37. Deed of Trust from Wayne H. Pollard to the Public Trustee of Garfield County for the use of Grand Valley Bank, showing an original amount of $600,000.00, dated April 24, 2019 and recorded May 1, 2019 as Reception No.919830. 38. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof and the date on which all of the Schedule B, Part 1-Requirements are met. NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE POLICY TO BE ISSUED HEREUNDER. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule B - Section 2 Form 1004-12 COMMONWEALTH TITLE COMPANY PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: •Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means. •Information about your transactions with us, our affiliated companies, or others; and •Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. RELEVANT SECTION 4-203 AND 5-402 SUBMITTALS POLLARD APPLICATION FOR AMENDED ANTLER ORCHARD PLAT 4-203F,. GRADING AND DRAINAGE PLAN/ GROUNDWATER DRAINAGE REPORT. Because this amended final plat does not incorporate any new area of land, no grading or changes to drainage or storm water runoff are anticipated. Accordingly, no grading and drainage plan/groundwatcr drainagc rcport is ncccssary. 4-203L. TRAFFIC STUDY/ROAD ENGINEERING REPORT. Garfield County, Co has expressed to Applicant that physical access is not required. Legal access is demonstrated in the Amended Final plat. Accordingly, the Applicant has requested a waiver of the engineering report for the roadways and the traffic study. 4-203M. \ryATER SUPPLY AND DISTRIBUTION PLAN. The source of water shall be for each lot to drill a domestic water well or a house hold use only water well, according to individual needs and Colorado Division of Water Resources guidelines. Applicant has supplied a letter from West Divide Water Conservancy District indicating sufficient water supply for water district area. 4-203N. WASTEWATER MANAGEMENT AND SYSTEM PLAN. Applicant is not required to demonstrate waste water management for vacant ground. 5-402F. FINAL PLAT. A copy of the proposed Amended Final Plat is included in the application materials. 5-4021. CODES, COVENANTS, RESTRICTIONS. The proposed Amended Final Plat is not governed by any covenants or restrictions, other than those occuning by County ordinance. Accordingly, no additional CC&Rs are proposed. 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, AMENDED FINAL PLAT WILL NOT RESULT lN ANY CHANGE. 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. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE, 7-103. cotutPAT|BtL|TY. The nature, scale, and intensity of the proposed use are compatible with adjacent land uses AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. 7.104. SOURCE OF WATER. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. LEGAL WATER HAS BEEN DEMONSTRATED BY APPLICANT WITH LETTER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT DATED FEBRUARY 20,2Q18. 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. A. BOCC Determination. The BOCC, pursuant to C.R.S. S 29-20-301, ef 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 applicetion 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. 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: 1. The documentation required by the Water Supply Plan per section 4- 203.M.; 2. A letter from the State engineer commenting on the documentation provided in the Water Supply Plan per section 4-203.M.; 3. Whether the Applicant has paid to a Water Supply Entity a fee or charge for the purpose of acquiring water for or expand¡ng or constructing the infrastructure to serve the proposed development; and 1 4.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. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. PHYSICAL WATER IS NOT REQUIRED. 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. 1. Where water service through a Water Supply Entity is not physically or economically feasible, a central well and distribution system is preferred over individual wells. 2. A CentralWater Distribution System is required if: a. The property is located within 400 feet of a CentralWater System, the system is available and adequate to serve the proposed development, and connection is practicable and feasible; or b. The residential development consists of 15 or more dwelling units. B. Wastewater Systems. The land use shall be served by a wastewater system that is adequate to serve the proposed use and density. f . Every effort shall be made to secure a public sewer extension. Where connections to an existing public sewer are not physically or economically feasible, a central collection system and treatment plant is preferred. 2. A central wastewater system is required if a. The property is located within 400 feet of a Sewage Treatment Facility, lhe system is available and adequate to serve the proposed development, and connection is practicable and feasible. b. The property is not suitable for an OWTS. Septic systems are not permitted on parcels less than 1 acre in size. 2 on Lotl Septic Tank (Subsurface) or Dispersal Method Prohibited2 Allowed3 Allowed Nondischarging: Subsu rface Disposal Allowed Allowed AllowedOff Lot4 Discharging: Ground Surface or Waters of thê State Allowed Allowed Allowed Notes; 1. Shall comply with County OWTS regulations and applicable State reguirements. 2. Prohibited for new development; may be considered for legally pre-existing single lot. 3, Domestic water shall be supplied from an approved source, 4. Shall be approved by the State. rABLE 7-105: SEWAGE DISPOSAL SYSTEM MINIMUM LOT REQUTREMENTS Lôt ArêaMethod ol DisposalType of Disposal 7-r06. PUBLTC UTTLTTTES. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. UTILITIES ARE NOT REQUIRED FOR AMENDED FINAL PLAT. A. Adequate Public Utilities. Adequate Public Utilities shall be available to serve the land use. B. Approval of Utility Easement by Utility Gompany. 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. Ut¡l¡ty 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. 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. 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 widih 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 eesement mey be dedicated to either the public or to an HOA. E. Construction and lnstallation 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 þe reasonably free from physical obstructions. 3 F. Conflicting Encumbrances. Easements shall be free from conflicting legal encumbrances 7.107. ACCESS AND ROADWAYS. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. PHYSICAL ACCESS IS NOT REQUIRED FOR AMENDED FINAL PLAT. 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 lots and parcels shall have legal and physical access to a public right-of-way. 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 þe responsible for paying for those improvements. C. Adequate Capacity. 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, 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, E. lmpacts Mitigated. lmpacts to County roads associated with hauling, truck traffic, and equipment use shall be mitigated through roadway improvements or impact fees, or both. F. Design Standards. Roadways, surfaces, curbs and gutters, and sidewalks shall be provided es follows: Deslgn Standards Des¡gn Capacity (ADT)2501+401 - 2500 20t- 400 101-200 21 - 100 0-20 No Access to Ðu Minimum ROW Width (Feet)80 60 50 50 40 L5 to 30r 30 Lane Width (Feet)L2 L2 L1 11 8 Single Lane 12 Slngle Lane t2 Shoulder Width (Feet) 6 Min. Paved I 6 4 Min. Paved 6 4 Min, Paved 2 Min. Paved 4 2 0 0 D¡tch W¡dth {Feet)10 10 6 6 4 32 0 Cross Slope 2%2%2% 2% Chip/Seal 3/o Gravel 2% Chip/Seal 3% Gravel 2%nla Shoulder Slope 3%3o/o 5%s%5o/o n/a n/a Design Speed 35 mph 35 mph n/a n/a n/a n/a n/a Minimum Radius {Feet}425 185 80 80 50 n/a40 Maximum % grade a%E%10Yo 12%1"2%12%t2o/o Table 7-107: Roadway Standards Minor Secondary collector Access Rural Access Primitive/ Driveway Mäjor Collector Semi Prim¡t¡ve Public Lañd Access 4 Surface Asphalt or Chlp/Seal Chip/5eal Chip/Seal or Gravel Gravel Gravel Native Material nla 1 As determ¡ned adeguate in an engineer¡ng rev¡ew. Primitive road shall be dedicated ROW, driveway can be dedicated as either an easement or ROW. 2 lf determined necessary for adequate drainaqe. 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 willjoin in a logical manner and combine with adjacent road systems to form a continuous route from 1 area to another. lntersections. No more than 2 streets shall intersect at 1 point, with a minimum of 200 feet between off-set ¡ntersections, unless othenrvise approved by the County. Street Names. Street names shall be consistent with the names of existing streets in the same al¡gnment. There shall be no duplication of street names in the County. Congestion and Safety. The road system shall be designed to minimize road congestion and unsafe conditions. Continuation of Roads and Dead-End Roads. Roads shall be arranged to provide for the cont¡nuation of major roads between adjacent properties when appropriate and necessary for traffic movement, effective fire proiection, or efficient provision of utilities. e. lf the adjacent property is undeveloped and the road must be temporarily dead-ended, right-of-way shall be extended to the property line and the BOCC may require construction and maintenance of a turnaround for temporary use. The Final Plat shall include a Plat notation that land outside the normal road right- of-way shall revert to abutting property owners when the road ¡s continued, after compliance with the County road vacation process. b. Dead-end streets may be permitted provided they are not more than 600 feet in length and provide for a cul-de-sac or a T-shaped turnaround based on the following design standards. The BOCC may approve longer cul-de-sacs for topographical reasons if adequate fire protection and emergency egress and access can be provided. (1) Cul-de-sacs shall have a radius of at least 45 feet measured from the center of the cul-de-sac, and (a) Nonresidential development shall have at least a 75-foot right-of-way where tractor trailer trucks will enter the property; and (b) Residentialdevelopment shall have a S0-foot right-of-way; (2'l T-shaped Turnaround. (a) Nonresidential development shall have a minimum turning radius of 75 feet where tractor trailer trucks will enter the property; and 2 3 4. 5. 5 6 (b) Residential development shall have a minimum turning radius of 50 feet. c. Dead-end streets shall be discouraged, except in cases where the dead-end is meant to be temporary with the intent to extend or connect the rightof-way in the future. lf a dead-end street is approved, room for plowed snow storage shall be included by providing a T-shaped turnaround with a minimum turning radius of50 feet for residential development and 75 feet for commercial/industrial development where tractor trailer trucks will enter the property. A dead-end street is different from a cul-de-sac in that a dead-end street has no permanent turnaround at the end of the street. 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. Erosion and Drainage. The road system shall minimize erosion and provide for efficient and maintainable drainage structures. Commercial and lndustrial. The roads and access in commercial and industrial developments shall be designed to minimize conflict between vehicular and pedestrian traffic. Emergency Access end 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 lnternational Fire Code and requirements of applicable emergency services, such as fire protection, ambulance, and law enforcement. 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 other referral agencies. 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. 7 I 9. 10. t1 6 12. Roadside Ditches. Water flowing in roadside ditches shall be diverted away from the road as quickly as possible. ln no case shall water travel in a roadside ditch for a distance greater than 800 feet or have a flow greater than 5 cubic feet per second during a 2S-year, Z4-hour storm event. 7.108. USE OF LAND SUBJECT TO NATURAL HAZARDS. AMENDED FINAL PLATWILL NOT RESULT IN ANY CHANGE, 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. 7-I09. FIRE PROTECTION. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. A. Adequate Fire Protection. Adequate fire protection will be provided for each land use change as required by the appropriate fire protection district. 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. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. THIS CHANGE WILL ACTUALLY ALLOW FOR MORE AGRIGULTURAL LAND TO BE PRESERVED. 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 Affect to Agricultural Operations. Land Use Changes on lands adjacent to or directly affecting agricultural operations shall not adversely affect or othenryise 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 maintein the opportunity for agricultural production. 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 restr¡ctions as necessary to control domestic animals. C. Fences. 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 7 DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS items as gates, cattle guards, boards, posts, and wiring shall be maintained by the owner, HOA, or other responsible entity. 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. E. lrrigation Ditches. 1. 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 unínterrupted. 2. Rights-of-Way. The land use change shall not interfere with the ditch rights-of-way. 3. Maintenance Easement. A maintenance easement of at least 25 feet from the edges of the ditch banks shall be preserved and indicated on any Final Plat for the division of land or for the final development plan for any other land use. When agreed to in writing by the ditch owner(s), that distance may be decreased. 7.2O2. WILDLIFE HABITAT AREAS. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE, THIS CHANGE WILL ACTUALLY CREATE LESS IMPACT ON WILDLIFE. The Applicant shall consult with the Colorado Division of 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 Division of Wildlife. 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 controlnoxious weeds is not required to be replaced unless the site requires revegetation to prevent other noxious weeds from becoming established. D. Habitet Gompensation. 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. I E. Domestic Animal Controls. The County may require protective covenants or deed restrictions as necessary to control domestic animals by fencing or kenneling. 7.203. PROTECTION OF WATERBODIES. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. NO WATER BODIES IN AMENDED PLAT AREA. A. Minimum Setback. '1, A setback of 35 feet measured horizontally from the Typical and Ordinary High Water Mark (TOHWM) on each side of a Waterþody is required. 2. ln the case of entrenched or incised streams, where the vertical distance from the bank exceeds 25 feet, all activities, except for those referenced in section 7-203.4.3, will adhere to a setback of 2.5 times the distance between the TOHWMs or 35 feet, whichever is less. 3. A minimum setback of 100 feet measured horizontally from the TOHWM shall be required for any storage of hazardous materials and sand and salt for use on roads. Setback 4-_35'.0.__-,/ Setback ¡----------High Water B. Structures Permitted ln Setback. lrrigation and water diversion facilities, flood control structures, culverts, bridges, pipelines, and other reasonable and necessary structures requiring some disturbance within the 35 foot setback may be permitted. C. Structures and Activity Prohibited in Setback. Unless otheruvise permitted or approved, the following activities and development shall be prohibited in the 35 foot setback:4. Removal of any existing native vegetation or conducting any activity which will cause any loss of riparian area unless it involves the approved removal of noxious weeds, nonnative species, or dead or diseased trees. 2. Disturbance of existing natural surface drainage characteristics, sedimentation patterns, flow patterns, or flood retention characteristics by any means, including without limitation grading and alteration of existing topography. Measures taken to restore existing topography to improve drainage, flow patterns, and flood control must be approved. D. Gompliance with State and Federal Laws. Any development impacting a Waterbody shall comply with all applicable state and federal laws, including, but not limited to, CDPHE water quality control division I regulations and the Army Corp of Engineers regulations and permitting for waters of the u.s. 7-2O4 DRAINAGE AND EROSION. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. 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. Drainage1. Site Design to Facilitate Positive Drainage. Lots shall be laid out to provide positive drainage away from all buildings. 2. Coordinatíon With Area Storm Drainage Pattern. lndividual lot drainage shall be coordinated with the general storm drainage pattern for the area. d. Drainage ditches shall have a minimum Slope of no less than A.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 allfoundations 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. C. Stormwater Run-Off. These standards shall apply to any new development within 100 feet of a Waterbody and to any other development creating 10,000 square feet or more of impervious surface area. 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. a. Runoff to Vegetated Areas. Direct run-off to stable, vegetated areas capable of maintaining Sheetflow for infiltration. Vegetated receiving areas should be resistant to erosion from a design storm of 0.5 inches in 24 hours. b. On-Site Treatment. On-site treatment of stormwater prior to discharge to any natural Waterbody by use of best management practices designed to detain or infiltrate the Runoff and approved as part of the stormwater quality control plan prior to discharge to any naturalWaterbody. c. Discharge to Stormwater Conveyance Structure. Discharge to a stormwater conveyance structure designed to accommodate the projected additionalflows from the proposed project, with treatment by a regional or other stormwater treatment facility. 10 2.Minimize Directly-Connected lmpervious Areas. The site design shall minimize the extent of directly-connected impervious areas by including the following requirements: a. Drainage Through Vegetated Pervious Buffer Strips. Runoff from developed impervious surfaces (rooftops, Parking Lots, sidewalks, etc.) shall drain over stable, vegetated pervious areas before reaching stormwater conveyance systems or discharging to Waterbodies. b. Techniques Used in Conjunction with Buffer Strip. The requirement that all impervious areas drain to vegetated pervious buffer strips may be reduced if the outflow from the vegetated pervious buffer strip is directed to other stormwater treatment methods. Examples of other potential techniques to be used in conjunction with vegetated pervious buffer strip are: infiltration devices, grass depressions, constructed Wetlands, sand filters, dry ponds, etc. c. Grass Buffer Strip Slope Design. When impervious surfaces drain onto grass buffer strips, a Slope of less than 10% is encouraged, unless an alternative design is approved by the County. Detain and Treat Runoff. Permanent stormwater detention facilities are required to be designed to detein flows to historic peak discharge rates and to provide water qualíty 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 2S-year return frequency, 24-hour duration storm. ln determining Runoff rates, the entlre area contributing Runoff shall be considered, including any existing off- síte 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 Z1-year return frequency, 24-hour design storm. d. Removal of pollutants shall be accomplished by sizing dry detention basins to incorporate a 4O-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. lf 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{erm functioning of the structure. Access to both the forebay and pond by maintenance equipment is required. 3 11 e.Culverts, drainage pipes, and bridges shall be designed and constructed in compliance with AASHTO recommendations for a water live load. 7.2O5. ENVIRONMENTAL QUALITY. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE A. Air Quality. Any Land Use Change shall not cause air quality to be reduced below acceptable levels established by the Colorado Air Pollution Control Division. B. Water Quality. At a minimum, all hazardous materials shall be stored and used in compliance with applicable State and Federal hazardous materials regulations. 7.206. WILDFIRE HAZARDS. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. The following standards apply to areas subject to wildfire hazards as identified on the County Wildfire Susceptibility lndex Map as indicated in the County's Community Wildfire Protection Plan. 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 lncrease 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. C. Roof Materials and Design. Roof materials shall be made of noncombustible materials or other materials as recommended by the localfire agency. . 7-207, NATURAL AND GEOLOGIC HAZARDS. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. 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 facilíties 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. Development may be permitted to occur in Avalanche Hazard Areas if the development complies with the following minimum requirements and standards, as certified by a qual¡fied professional engineer, or qualified professional geologist, and the plan approved by the County.1. Building construction shall be certified to withstand avalanche impact and static loads and otherwise protected by external avalanche-defense structures that have been similarly certified. Z, Driveways and Subdívision roads shall avoid areas where avalanches have return periods of fewer than 10 years. 12 3. Clear-cutting or other large-scale removal of vegetation is prohibited in avalanche path starting zones, or in other locations that can increase the potential avalanche hazard on the property. 4. Extractive operations in Avalanche Hazard Areas are prohibited when snow is on the ground unless a program of avalanche control and defense measures has been approved by the County to protect the operation. C. Development in Landslide Hazard Areas. Development may be permitted to occur in Landslide Hazard Areas only if the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and as approved by the County. 1. Development shall comply with recommended construction practices to artificially stabilize, support, buttress, or retain the potential slide area and to control surface and subsurface drainage that affects the slide area. 2. The following development activities shall be prohibited in Landslide Hazard Areas: a. Activities that add water or weight to the top of the Slope, or along the length of the Slope, or otherwise decrease the stability of the Hazard Area. Measures and structural improvements to permanently control surface and subsurface drainage from the development shall be required. b. Activities that remove vegetation or other natural support material that contributes to its stability. c. Activities that increase the steepness of a potentially unstable Slope. d. Activities that remove the toe of the landslide, unless adequate mechanical support is provided. D. Development in Rockfall Hazard Areas. Development shall be permitted to occur in rockfall Hazard Areas only if the Applicant demonstrates that the development cannot avoid such areas and the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or a qualified professional geologist, and as approved by the County. 1. Development shall comply with recommended construction pract¡ces to minimize the degree af hazard. Construction practices may include: a. Stabilizing rocks by bolting, gunite application (cementing), removal of unstable rocks (scaling), cribbing, or installation of retaining walls. b. Slowing or diverting moving rocks with rock fences, screening, channeling, damming, or constructing concrete barriers or covered galleries. c. lnstallation of structural þarriers around vulnerable structures t0 prevent rock impact. 2. The following development activities shall be prohibited in rockfall Hazard Areas: 13 Activities that add water or weight to, or otherwise decrease the stability of, cliffs or overhanging strata. Activities that will reduce stability, including activities that remove vegetation or other natural support material, or that require excavation, or cause erosion that will remove underlying support to a rockfall Hazard Area. E. Development in Alluvial Fan Hazard Area. Development shall only be permitted to occur in an alluvial fan if the Applicant demonstrates that the development cannot avoid such areas, and the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and as approved by the County: l. Development shall be protected using structures or other measures on the uphill side that channel, dam, or divert the potential mud or debris flow. 2. Disturbance shall be prohibited in the drainage basin above an alluvialfan, unless an evaluation of the effect on Runoff and stability of the fan and on the ground water recharge area shows that disturbance is not substantial or can be successfully mitigated. F. Slope Development. Development on Slopes 20o/o or greater shall only be permitted to occur if the Applicant demonstrates that the development complies with the following minimum requirements and standards, as cert¡f¡ed by a qualified professional engineer, or qualified professional geologist, and as approved by the County: 1. Building lots with 20o/o ot greater Slope shall require a special engineering study to establish the feasibility of development proposed for the site. The study shall address feasibility of construction required for the use and describe the mitigation measures to be used to overcome excessive Slope problems. 2. Development shall be permitted to occur on Slopes greater than 30% only if the Applicant demonstrates that the development cannot avoid such areas and the development complies with the following minimum requirements: a. Cutting, filling, and other Grading activities shall be confined to the minimum area necessary for construction. b. Development shall be located and designed to follow naturalgrade, rather than adjusting the site to fit the structure. Roads and driveways built to serve the development shall follow the contours of the naturalterrain and, if feasible, shall be located behind existing landforms. 3. Development on Unstable or Potentially Unstable Slopes. lf a site is identified as having moderate or extremely unstaþle Slopes, then development shall be permitted only if the Applicant demonstrates that the development cannot avoid such areas and the development complies with certified geotechnical design and construction stabilization and maintenance measures. a. Cutting into the Slope is prohibited without provision of adequate mechanical support. a. b. 14 b. Adding water or weíght to the top of the Slope, or along the length of the Slope, is prohibited. c. Vegetation shall not be removed from the Slope unless the integrity of the Slope can be adequately maintained. 4. Development on Talus Slopes. Development shall be permitted to occur on a Talus Slope only if the Applicant demonstrates that the development cannot avoid such areas, and the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or a qualified professional geologist, and as approved by the County: e. The development shall be designed to withstand down Slope movement. b. The design shall include buried foundations and utilities below the active Talus Slope surface. c. Site disturbance shall be minimized to avoid inducing slope instability. d. The toe of a Talus Slope shall not be removed unless adequate mechanical support is provided. 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 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. Runofffrom impervious surfaces shallbe directed into naturaldrainages or otheruise on-site in a manner that does not create or increase adverse impacts to the development site or to adjacent or other property. H. Development in Mudflow Areas. Development shall be permitted in a mudflow area only if the Applicant demonstrates that the development cannot avoid such areas, and the development adequately employs, construction stabilization, and mitigation and maintenance measures as designed by a qualified professional engineer, or qualified professional geologist, and as approved by the County. l- Development Over Faults. Development shall be permitted over faults only if the Applicant demonstrates that such areas cannot be avoided and the development complies with mitigation measures based on geotechnical analysis and recommendations, as cert¡fied by a qualified professional engineer, or qualified professional geologist, and approved by the County. 7.208. RECLAMATION. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. 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: 15 1. lnstallation of ISDS. lnstallation 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{erm 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, 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 and growíng based on 70o/o coverage as compared with the original on-site vegetation within 2 growing seasons, using species with a diversity of native and/or desirable nonnative vegetation capable of supporling the post-disturbance land use. 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. 2. Application of Top Soil. Top soil shall be stockpiled and placed on disturbed areas. 3. 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. 4. 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. 5. Removal of Debris. Within 6 months of substantial completion of soil disturbance, all brush, stumps, and other debris shall be removed from the site. 6. Time Line Plan. Every area disturbed shall have a time line approved for the reclamation of the site. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. 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. 7.30I. COMPATIBLE DESIGN. The design of development associated with the land use change shall be compatible with the existing character of adjacent uses. DIVISION 3. SITE PLANNING AND DEVELOPMENT STAN DARÐS. 16 A. Site Organization. The site shall be organized in a way that considers the relationship to streets and lots, 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, 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. ln this cãse, the use shall be subject to 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 províde 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. l. 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 followíng 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 numþer of spaces. Sinele-Unit 2 Spaces Per Unit 2-tJnit 2 Spaces Per Unit Multi-Unit 2.5 Spaces Per Unit Manufactured l{ome Park 2 Spaces Per Unit 17 'fransitional Housins I Soace Per Unit OverniehlEmereency Shclter I Spacc Per Staffr r Ëï:-t i$ GTI'Ëì-¡ îîtri"í*;i n i É*. ¡l :: :; ffiÈit¡#j Auditorium/Public Assembly Areas I Space Per 100 Soua¡e Feet ofSeatine Area Pubtic Facilitv I Spacc Pcr 300 Square Feet ofFloor Area2 Health FaciliW I Soace Per 300 Square Feet ofFloor Area2 T,4''l :i1 f " 1 ul 1i'f ; f,r l;'1 jl r ì.; i i ; :ì: -:¡ãÍ:: r+:Ì f{*,#¡..*f** Lodsine I Snace Per Room Restaurant and Tavem I Soace Per Everv 4 Seats Rctail, Service. or Officc I Space Per 250 Square Feet olLcasable Floor Ârea IVholesale Establishment, Warehouse, Rail or Truck Freieht Terminals I space per 2,000 s<¡uare feet ofFloor Area Recreational Vehicle Park I Soace Def Recrcational Vehicle 'I Manufacturing Estab Iishments I Space Per 1.000 Square Feet olFloor Area B. Off-$treet Loading Required. Buildings or structures that are designed or that are substantially altered so as to rece¡ve and distribute materials and merchandise by truck shall provide and maintain off-street loading spaces in sufficient number to meet their need. Where the property or use ¡s served or designed to be served by tractor{railer delivery vehicles, the standards in Table 7-302.8. shall be used in establishing the minimum number of off-street loading berths 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 Unloed¡ng. 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.1. Surface Materials. Off-street park¡ng areas, loading areas, aisles, and access drives shall have a durable, all-weather surface made of materials that are su¡table 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 end stormwater. 3. Striping. Paved surfaces shall be str¡ped to demarcate the parking spaces for all commercial lots and for residential lots containing over 4 contiguous spaces. Up to 10,000 Square Feet 1 Space Greater Than 10,000 Square Feet 2 Spaces T able 7-302. B: ()ff-.Street Loarlin g Rcqu iltrments Required Berths or SpacesGross Floor Area of 18 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 less than 4 feet. H. Compact Gar Spaces. ln 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 B 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. REGULAR SPACE 9'X 20' COMPACT CAR SPACE 8'X,I6'MINIMUM t-g'--/ Figure 7"302; Parklng Space Dimensions l. 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. lf 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 unoþstructed access from a road or Alley, or from an aisle or drive connecting with a road or Alley, except for approved residential tandem parking. L. Tandem Parking. 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; 2. ïandem 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. 1 19 M. Backing Onto Public Streets Prohibited. All parking areas shall be located and designed in conjunction with a driveway so that veh¡cles 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. N. 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 W¡dth. a. The minimum width of the access driveway for a commercial or industrial use shall be 12 feet for a 1-way drive and24 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. O. Parking and Loading Area Landscaping and lllumination. 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. 7.303. LANDSCAPING STANDARDS. AMENDED FINAL PLAT WILL NOT RESULT IN ANY GHANGE. Accessory dwelling units, lndustrial Uses and all uses located fully within a parcel of land in an lndustrial Zone District are exempt from this section. .. A. General Standards.l. All portions of the site where existing vegetative cover is damaged or removed, that are not othenruise 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 B. Multi-Family Development. Lots in a Residential Zone District that contain multi-family dwellings shall be landscaped in the areas not covered by impervious materials. 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. 20 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 þe 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. 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 1-112 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. Ornamentaltrees shall be a minimum of 1-112 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 end 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. 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. l. Glear V¡s¡on 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 7-303.4. Within a Clear Vision Area, plant materials shall be limited to 30 inches in height to avoid visibility obstructions or blind corners at intersections as illustrated in Figure 7-303.8. 21 -ï ROW CLEAR VISION AREA RESTRICTED PLANÍ ING AREA Figure 7-3û3 A: Ciear Visíon r\rea Space. CLEAR AREA 8'M 30' Figure 7-303 B: Plant Material in a Clear Vìsion Area. Landscaping With¡n Off-street Parking Areas.1. All off-street parking areas contâining 15 or more spaces shall províde landscape buffers when adjacent to a public road. Landscape buffers may þe achieved through the use of earthen berms, shrubs, trees, or other appropriate mater¡als to effectively screen the parking area from the right- of-way. 2. lnterior Parking Areas. Planting shall be established to break up the interior of all parking areas. Landscape planting islands shall be a minimum of g feet in width, as shown in Figure 7-303.c, to ensure adequate room for planting. ffi]Jt v sÌ\,¿q- ì l ¡ vtsr0N I I I\ J 22 =z Ëf f()g() J zÉú¡-z ffi ffi ET]T ffiriïl @ fnE B' MINIMUM PLANTING STRIP 8' MIMINIMUM PLANTING STRIP Figure 7-303 C: Planting Strip 7.304. LIGHTING STANDARDS, AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. Any exterior lighting shall meet the followíng cond¡tions: 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 light from any light source shall not create a traflic 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. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. All residential uses except for multi-family are exempt from this section, unless the residential use includes e common outdoor parking ereâ, A. Minimum Area. A designated area sufficient to store snow from the entire park¡ng area shall be provided. As a general guideline, and considering the varying elevations and snowfell amounts throughout the County, it is anticipated that a minimum area equivalent to 2.5% of the total area of the required off-street parking and loading area, including access drives, shall be designated to serve as a snow storage area. 23 B. Storage in Parking Spaces Prohibited. Required off-street parking and loading areas shall not be used for snow storage. G. Storage in Yards and Open Space Permitted. Snow stored in a yard or Open Space shall not be located in a manner that restricts access or circulation, or obstructs the view of motorists. D. Storage on Public Roadways Prohibited. Public roads shall not be used for snow storage. E. Drainage. Adequate drainage shall be provided forthe snow storage area to accommodate snowmelt and to ensure it does not drain onto adjacent property. 7.306. ÏRAIL AND WALKWAY STANDARDS. A. Recreational and Community Facility Access. A multi-modal connection, such as a trail or sidewalk, shall be provided in a development where links to schools, shopping areas, parks, trails, greenbelts, and other public facilities are feasible 1. Trail Dedication Standards. Trail rights-of-way for dedicated park lands and Open Space shall conform to the following criteria: a. The land required for trails or walkways shall be set aside as an easement or separate fee interest. b. All easements for trails and walkways will be dedicated to the public. c. The width of the easement shall be adequate to handle the proposed use based on the particular reasonable needs of the trail, its location, the surrounding terrain, and the anticipated usage. The minimum width for the trail easement shall be B feet. d. Public access to the trail shall be provided within the subject property. e. Any easement may overlap and include property previously included in other easements, such as ditch, canal, utility and Conservation Easements, and public or private open space. However, the trail easement shall not compromise the functional use of any other easement. B. Safety. Special structures and/or traffic control devices may be required at road crossings to avoid unsafe road crossings. C. Maintenance. Suitable provisions for maintenance of trail and walkway systems shall be established through a perpetual association, corporat¡on, or other means acceptable to the County. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE 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. ION 4. SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS.DIVIS 24 7 4A1. GENERAL SUBDIVISION STANDARDS. A. Maintenance of Gommon Facilities. Maintenance of common facilities must be accomplished either through covenants of a homeowners association, a separate maintenance agreement, or some other perpetual agreement. B. DomesticAnimalControl. ln 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. C. Fireplaces. Any new solid-fuel burning stove, as defined by C. R.S. S 25-7-401 , ef 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.l. All Subdivision proposals shall be reasonably safe from flooding. lf 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 sevver, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage, 7 402. SUBD|VIS|ON LOTS. All lots in any Subdivision shall conform to the following specifications: A. Lots Conform to Code. Lot area, width, frontage, depth, shape, location, and orientation shall conform to the applicable zone district requirements and other appropriate provis¡ons of this Code. 1. The 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 character¡stics 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 forthe required off-street parking and loading facilities required by the type of use and development contemplated. b. ïhe width of residential corner lots shall be sufficient to accommodate the required building setback from both roads. 25 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 IIJIONUIiíENTS. Permanent Survey Monuments shall be set within all Subdivisions pursuant to C.R,S. $$ 38-51- 104 and 3B-51-105. Prior to selling or advertising the sale of lots, No. 5 steel rebar, 1B 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 ín 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 Gonstruction 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. 74O4, 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 ereas, or a combination of,land dedication and payment in lieu of dedication. B. Amount of School Land Dedicated. The proportion of land to be reserved or dedicated for school land shall be based upon the size, location, and characteristics of the proposed Subdivision, the current and líkely future uses of the surrounding area, and the impact of the Subdivision on public services and facilities. The amount of land dedicated for public purposes shall be roughly proportionate to the impacts of the Subdivision. 1. Property Within RE-1 School District. For all property located in the RE-1 School District, the subdivision of land for residential use shall include reservation and dedication of sites and land areas for schools determined in accordance with the following calculations: 2. Land Dedication Standard. e. Application of the formula for land dedication standard described below results ín the following land dedication standards: (f ) Single Family: 870 square feet per unit, or.020 acres. (21 Multi-Family 675 square feet per unit, or .015 acres. (3) Manufactured Home: 1,261 square feet per unit, or .029 acres. 26 3. 4. b. lf dedication of all or portions of the required school lands is not deemed feasible or in the public interest, the school district may recommend to the BOCC 1 of the following options: (1) Guarantee of future land dedication. The Applicant shall submit a letter guaranteeing future dedication of land for school sites and proposing a method of guarantee acceptable to the BOCC or the receiving âgency. (2) The Applicant provide cash-in-lieu of lands in accordance with the provisions of section 7-404.C. Final Plat Requirements. a. All dedicated lands shall be designated on the Final Plat and deeded to Garfield County or the appropriate agency at the time of recordation of the Final Plat. b. Title insurance, provided by a title insurance company authorized to do business in the State of Colorado and acceptable to the BOCC, shall be required at the time of recordation of the Final Plat. c. A certificate of representations and warranties concerning title and usability of the property, in a form acceptable to the BOCC, shall be required at the time of recordation of the Final Plat. Formula for Land Dedication Standard. Land Area Provided Per Student x Students Generated Per Dwelling Unit = Land Dedication Standard. a. Land Area Provided Per Student. The district has determined that 1,776 square feet of land per student shall be provided forfuture school sites, based on Table 7-404. b. Students Generated Per Dwelling Unit. The number of students generated per type of dwelling unit shall be based on the following: (1) Single Family 0.49 (21 Multi-Family 0.38 (3) Manufactured Home 0.71 550 students 15.5 acresElementary School Middle School 600 students 26,0 acres 38.0 acresHieh School 800 students 1950 students Acres Per student Total 79.5 ecres 0.04077 acres Square Feet Per Student 1,776 square feet 1,. Based on the Guide for Planning Educational Facilities, Council of Education Facility Planners lnternatÌona1,1991. Table 7404: Land Area Providecl Per Student Reasonable Capacity Recommended Acreagel 27 C. Payment-ln-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 RË-1 School District. Payment shall be based on the unimproved fair market value of the land. a. Not to Exceed Market Value. Payment shall not exceed the current market value of the land that would have been dedicated to the County or other public entity. lf a combination of land dedication and payment is applied, the combination of both land dedication and payment shall not exceed the fair market value of the total required dedication of sites and land areas b. Minimum Payment. Minimum payment shall be $500.00 for any required dedication. c. Payment for Schools. Based upon the RE-1 School District's recommendation, the BOCC can require a cash payment-in-lieu of dedicating land, or a cash payment in combination with a land dedication, to comply with the requirements for public sites and Open Space set forth in this Code. 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 forthe 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. ln the event the school district declines to conduct a separate appra¡sal, the Applicant's appraisalwill be used. b. Land Dedication Standard. The land dedication standard set forth in section 7-404.8. 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. s 30-28-13s. 28 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 genereted by the account. 7.405. TRAFFIC IMPACT FEES. A. General Requirements.1. Off-site road impacts shall be evaluated for Subdivisions through completion of a Traffic Study identifying the volume of traffic generated from the development, based on Trip Generation rate calculations utilizing the most current lnstitute of Traffic Engineers, Trip Generation Manual, to establish an Average Daily Traffic (ADT). The road impact fee shall be determined by using the capital improvements plan and the associated road impact fee requirements. 2. 50% of the road impact fees shall be collected at the Final Plat for a Subdivision, if the affected County road project is scheduled to start within 5 years in a capital improvements plan adopted by the BOCC. All other road impact fees will be collected at ihe issuance of a Building Permit. 3. Any road impact fees collected will be put into a separate interest-bearing account in the County Treasurer's Office for each road that impact fees are collected. All fees collected and interest accrued must be spent on capital improvements to the specific road for which the fees were collected within 20 years of the date that the fee is established. All capital expenditures must be consistent with the capital ¡mprovements plan used as a basis for establishing the iee. lf, after 20 years, the fees collected have not been spent in accordance with the capital improvements plan used to establish the fee, all fees will be returned to the land owner of the property assessed an impact fee, with interest accrued. 4. To the extent the County has expended funds consistent with a capital improvements plan for a particular road and a properly owner has not paid a road impact fee as required for a Building Permit that establishes additional ADT, the impact fee shall be collected at lhe time a Building Permit is issued to recoup the expenditure. Any fees collected after the completion of an identified road project will be credited to the appropriate project and will be used to reimburse the County for the funds advanced to complete the project. 5. The County may use road impact fees for a specific road improvement identified as a critical facility with a high priority for health and safety reasons in a capital improvements plan adopted by the BOCC, in advance of the completion of the entire road improvement project, Any such use of 5. 29 6. funds must be consistent with the basis for the impact fee, lf, after the use of road impact fees for a critical facility road improvement, the County fails to complete the entire project identified in the capital improvements plan within the 2O-year period of collection, the proportionate share, with interest, will be returned to the owner of the property subject to the impact fee based on the actual amount of the expenditures made on a particular road system. As a part of the capital improvements plan, the BOCC may determine that certain portions of the road improvements to a road are critical to complete before there are any additional traffic generating uses added to the road. lf a development is proposed before the County has scheduled to make the necessary improvements identified in the capital improvements plan, the developer may be allowed to pay the total cost of the needed improvements prior to the County's schedule. The County will reimburse the portion of the cost that exceeds the amount that would be applicable for road impact fees, plus interest, by the time the project had originally been scheduled to be completed. lf the BOCC has not established a base road cost per ADT for the area in question, the Applicant will not be obligated to provide an analysis of the off-site road impacts. 30