HomeMy WebLinkAbout1.00 ApplicationGurfield County
Commun ity Development Depârtment
I"o8 8'o Street Suite 401
Glenwqod Springs, CO 816O1
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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.
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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.
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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.
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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.
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