CHAFFEE COUNTY LAND USE CODE

Transcription

1 CHAFFEE COUNTY LAND USE CODE CHAPTER 2 RESIDENTIAL DEVELOPMENT STANDARDS 2.1 GENERAL Subdivision Approval: Residential development approved under these regulations shall be designed and constructed to comply with all facets of the, including but not limited to development standards, zoning compliance, road standards, and environmental standards. These standards are to be met throughout the required submittal stages of subdivision approval. The approval process for residential subdivisions is detailed in Chapter 6 of this Land Use Code, Subdivision Approval Process Vested Rights: There shall be no vested rights attached to a proposed development until the following conditions are met: The process of Sketch Plan, Preliminary Plan and Final Plat review has been completed in accordance with Chapter 6 of this Land Use Code. Each stage shall have received approval by the Board of County Commissioners. A Final Plat, as approved by the Board of County Commissioners, is received in a form sufficient for filing with the Clerk and Recorder (Mylar), is signed by the Chairman of the Board of County Commissioners and is duly recorded. Approval of the subdivision improvements agreement by the County and the applicant in the form of a signed agreement. Payment of all fees due to the County, including without limitation any applicable impact fees. Posting of all bonds required by resolutions, improvements agreements or state/federal agencies related to this application. All provisions of the approved Final Plat, the Subdivision Improvements Agreement and Vested Rights shall run with the land and shall be binding upon all subsequent owners of the property. If the Board of County Commissioners determines that the owner/developer of the property has failed to comply with all conditions of the Subdivision Improvements Agreement, the owner/developer shall be given 60 days notice, and an opportunity to respond. If, after 60 days, the owner/developer is still out of compliance, any vested rights created by the Board of County Commissioners may be revoked by a vote at a regular Board of County Commissioners meeting and said rights shall be dissolved and divested from the property Construction of Improvements: Once an application has been submitted, construction of roads, infrastructure and other improvements to the land may not be initiated before Preliminary Plan approval. All permits must be obtained from the appropriate jurisdiction prior to starting any construction or improvements. Any construction or improvements started without permits or in violation of any federal, state or county regulation, ordinance, statute or law can be grounds for automatic denial of the subdivision. No residential building permit shall be issued on any portion of the proposed subdivision until final plat approval and until all improvements have been completed and approved by the Board of County Commissioners. 2.2 RESIDENTIAL DENSITY LEVELS General: Residential density is calculated as the total number of dwelling units per net acre of land in a subdivision or in an individual filing of a multiple filing Residential Development Standards (Version 2.0, Adopted )2-1

2 subdivision. The purpose of this section is to define and describe allowed density levels that will be referenced throughout this code. The is designed to protect the health, safety and welfare of the community. The key to this set of regulations is planning for the final density on the land. It is important to define density levels and to structure the regulations to fit each density level but not to limit the level of density on a land parcel. It should be noted that density definitions should not be confused with zoning. Residential subdivisions shall be in the zone appropriate for the density of the subdivision. Residential subdivisions may not be located in commercial or industrial zones. Land must be rezoned prior to subdivision final plat approval. The density definition is intended to help define the criteria for infrastructure requirements as related to the level of density. Density averaging will not be allowed within a single filing subdivision. In a multiple filing subdivision density averaging will not be allowed within a filing. The following are the density levels that will define the requirements for a subdivision throughout this document: Urban Density: Residential lots 7500 square feet (50 x 150 ) or greater and less than 5/8 acre Minimum lot width feet Minimum lot depth feet Minimum street setback feet Minimum side yard setback feet Minimum rear yard setback feet Minimum lot frontage feet Paved streets, curb, gutter, and sidewalks required Required to connect to municipal or special district water and sewer Fire Hydrants required Street lighting required within subdivision and at intersections of County or Municipal Roads % Open Space Required Sub-Urban Density: Residential lots 5/8 acre or greater and less than 2 acres Minimum lot width feet Minimum lot depth feet Minimum street setback feet Minimum side yard setback feet Minimum rear yard setback feet Minimum lot frontage feet Require minimum road surface of chip and seal Require central water and sewer systems Fire hydrants required Street lighting required at intersections of County or Municipal Roads % Open Space Required Semi-Rural Density: Residential lots 2 acres or greater and less than 10 acres Minimum lot width feet Minimum lot depth feet Minimum street setback feet Residential Development Standards Adopted including amendments to Sections 2.7, 2.9 and

3 Minimum side yard setback feet Minimum rear yard setback feet Minimum lot frontage feet On lot wells and individual sewage disposal systems allowed Fire protection cisterns required % Open Space Required for all subdivisions with a minimum lot size of less than 4 acres Rural Density: Residential lots 10 acres and above Minimum lot width feet Minimum lot depth feet Minimum street setback feet Minimum side yard setback feet Minimum rear yard setback feet Minimum lot frontage feet On lot wells and individual sewage disposal systems allowed Fire protection cisterns required 2.3 LOT STANDARDS Lot Dimensions: The minimum dimensions of lots for residential use shall correspond to the density level in which the subdivision is being developed Lot Area: Lot area is measured as the amount of net land area contained within the property lines of a lot or parcel, not including streets or rights of way. Easements within the lot are a part of the lot area. Lots shall not be divided by county or municipal boundaries, roads, existing driveway easements or other lots. Where possible, property lines should be designed along existing easements including but not limited to utility and ditch easements. When designing lots, tax district boundaries should be taken into account. No lot shall have multiple zoning designations Lot Width: The width of a lot is measured between side lot lines. In the case of an irregularly shaped lot, the width is the average distance between side lot lines. Lot width shall not exceed 2 times its depth Lot Depth: Lot depth shall be calculated as the gross area of the lot divided by the lot width. Lot depth shall not exceed 3 times its width Lot Frontage: The frontage of a lot shall be the measurement along the lot line at the road right-of-way. Minimum lot frontages shall vary, depending on the density level of the subdivision. In the case of a cul-de-sac, the minimum frontage shall be 50 feet at the turn-about. Flag lots (lots with a narrow strip of land from the road right-of-way to the main lot area) shall not be allowed Lot Lines: The front lot line is measured as the lot frontage, and the rear lot line is the lot line opposite the front lot line. The side lot lines are the remaining lot lines Corner Lot: A corner lot is a lot or parcel of land abutting two or more streets at their intersection. Street setbacks shall apply to both street frontages on a corner lot. The lot frontage shall correspond to the assigned address, which must be consistent with the overall addressing scheme of the subdivision. The rear lot line will be opposite the front lot line Reverse Frontage Lot: A reverse frontage lot is a lot with frontages on two parallel or near-parallel streets. A reverse frontage lot shall be accessible only from a subdivision road. Reverse frontage lots shall not be accessed from county Residential Development Standards Adopted including amendments to Sections 2.7, 2.9 and

4 roads, municipal streets, state or federal highways or private roads that are not part of the subdivision Setbacks: Setbacks are unobstructed, unoccupied open areas conforming to the applicable density level. Setbacks shall be measured as follows: Street Setbacks: Street setbacks are measured from any abutting right-ofway line. In the event that a lot or parcel abuts a street or road without a designated right-of-way, the street setback shall be measured as if a right-ofway line had been established along the property line. The minimum street setback on a cul-de-sac shall be consistent with density level standards Side and Rear Yard Setbacks: Side and rear yard setbacks are measured from the side and rear lot lines, respectively Well and Septic Setbacks: Setbacks for wells and individual sewage disposal systems shall be consistent with the Chaffee County Sanitation Code or must comply with other minimum setbacks detailed in this section, whichever is the greater distance Ditch Setbacks: Setbacks from ditches shall be measured from the centerline of the ditch and/or ditch easement. The minimum setback from ditches shall be 30 feet when uphill from the ditch, and 60 feet when downhill from the ditch. The Board of County Commissioners may require restrictions on the depths of future excavations for foundations or basements, or require an increase in the setback distance to protect the integrity of the ditch. Setbacks may be reduced to one-half if the developer lines the ditch with materials acceptable to the ditch owner Stream Setbacks: All buildings shall be set back from perennial natural watercourses a minimum of 100 feet from the center of the stream or river. The 7-1/2 minute series USGS maps may be used to identify perennial watercourses Exceptions: Setback areas must be unobstructed, with the exception of the following: Landscaping Driveway, curb and sidewalk Clothesline post or flagpole Heating and cooling units not to exceed 3 feet in height Mailboxes Underground utilities (not including wells and septic systems) Signs in accordance with this Land Use Code Fences Yard and service lighting or poles Fire cisterns or fire hydrants Lot Addressing and Identification: Each new lot shall be assigned an address by the designated Chaffee County department prior to the Final Plat phase of subdivision approval. A sign shall be required on each lot showing the lot address and subdivision lot number. Each sign shall be a minimum of 4 inches by 6 inches, with letters a minimum of 2 inches high, and shall be visible from the roadway. Lot identification signs may be removed only after development of the lot and replacement with a permanent address sign or house number Height Restrictions: No building on any residential lot shall exceed 35 feet in height, including multi-family structures. Building height is measured from the average pre-construction grade around the perimeter of a building or structure to the highest point on the roof. Building heights may be subject to other sections of Residential Development Standards Adopted including amendments to Sections 2.7, 2.9 and

5 this Land Use Code Lot Access: All lots shall have direct access to a street or road dedicated as a public right-of-way Building Envelopes: Building envelopes shall be delineated on the Preliminary Plan and Final Plat for lots that are restricted by steep slopes, wetland areas, adverse soil conditions or other adverse conditions that are defined by the Board of County Commissioners. On lots that contain natural building constraints, such as steep slopes, flood areas or other natural hazard areas, the building envelope shall identify a building area that would avoid those hazardous areas. All site grading may be required to be contained within the building envelope to maintain wetlands, steep slopes or streambeds. Individual wells may be installed outside the building envelopes if conditions justify. 2.4 EASEMENTS General: Easements are areas that are reserved, conveyed or dedicated for a specialized or limited purpose. The construction of buildings shall be prohibited within utility, drainage and ditch easements, and/or easements dedicated for public use. It is the responsibility of the applicant/developer to identify any and all existing easements and current uses upon their property. When the location and use of an easement is not known, it shall be the responsibility of the applicant/ developer to locate it and its uses, and to identify all easements on the submittal plat. An as-built drawing must be submitted showing all roads and utilities installed in the subdivision Utility Easements: Utility easements shall measure 10 feet on each side of abutting rear lot lines. On perimeter lot lines adjacent to un-subdivided property, utility easements shall measure 16 feet in width. Side lot easements shall measure 8 feet in width on each lot, and an easement of 10 feet shall be required on each side of a street. If utility easements adjacent to rear property lines are unsuitable for use by utility companies due to drainage, irrigation ditches or other obstructions, the subdivider shall provide like-width easements adjacent to said areas of obstruction. Utility easements shall be subject to the approval of the applicable utility company. All plats shall show water, sewer, power, phone, cable and gas easements specifically along all roadway easements. Any variance from the above requirements shall be submitted in the plan to the appropriate utility companies. Where a portion of an existing easement is contiguous to a proposed easement or right-of-way of a new subdivision, proof of the dedication of the existing easement or right-of-way acceptable to the Board of County Commissioners must be submitted Ditch Easements: The Constitution and Statutes of the State of Colorado define Ditch Easements. Additionally, other ditch easements may have been specified as part of the ditch decree or other action. All applications must show all ditch easements on the plat. If available, the reception number of the ditch formation must be shown on the plat. The plat shall show existing and new ditches and ditch laterals and contact information for all ditch owners or for the ditches' designated contact. The plat shall also identify the locations of head gates and other irrigation related items within the proposed subdivision that are necessary for the operation of the ditch. Lot access driveways will not be permitted within the ditch easement without written agreement of the ditch companies or owners. The Board of County Commissioners may require a developer to improve the Residential Development Standards Adopted including amendments to Sections 2.7, 2.9 and

6 ditch within the subdivision by fencing, lining, piping, or other means where increased activity, geography, density, or other conditions create unreasonable liability for the ditch company, or to protect new residential development from damage due to seepage or flooding Drainage Easements: Where watercourses, drainage ways, ditches, channels or streams traverse a subdivision, there shall be storm water or drainage easements provided of such width as will be adequate for both water flow and maintenance operations, as designated by the drainage plan submitted in accordance with this Land Use Code Public Access Easements: If any public access easements existed prior to the subdivision, or any public accesses are negotiated as part of the subdivision process, those easements must be described on the plat as to their location and width, as well as any limitations associated with the access Avigation Easements: Avigation easements for new subdivisions being developed within an Airport Overlay District shall be identified on the plat. Development near airports may be subject to other sections of this Land Use Code Mailbox Easements: If a subdivision is to be served by mail delivery by the United States Post Office, easements must be placed in an area approved by the Postmaster. There must be one parking space for every 18 mailboxes. These easements must be placed outside the road right-of-way. 2.5 STREETS AND ROADS General: All subdivision roads shall be developed in accordance with the requirements detailed in Chapter 4 of this Land Use Code. Street and road systems shall be located to conform to county and municipal master plans and shall be designed for the most advantageous development of the entire area surrounding the subdivision. The design of the road system shall be done to minimize the impact of the new road on surrounding properties. All new subdivision roadways along adjacent property lines shall be constructed a minimum of fifteen (15) feet away from the edge of the roadway to the adjacent property line. Roads that may have been used by the public for 17 years or more cannot be arbitrarily closed. The Board of Commissioners can require a public hearing to obtain evidence of possible use by the public or by prescriptive easement. Subdivisions must dedicate the appropriate right-of-way for adjacent county roads according to the County Road Master Plan Conformance with Municipal and County Road Plans: All roads and streets shall conform to arterial road and street plans filed with Chaffee County at the date of filing of the subdivision Sketch Plan. Road and street plans of all new developments within three miles of the corporate limits of any municipality shall conform to any major street plans adopted by that municipality, as filed with Chaffee County at the date of the application for the development, and shall be dedicated as public rights-of-way. Subdivision roads shall be designed to flow traffic safely and smoothly onto county, municipal and state roads in a manner consistent with the practices of good traffic design standards Road Rights-of-Way and Easements: All roads and streets shall be dedicated as public rights-of-way and shall comply with the Road Standards described in Chapter 4 of this Land Use Code. Road Dedication is not an acceptance by Residential Development Standards Adopted including amendments to Sections 2.7, 2.9 and

7 Chaffee County for road and street maintenance. Homeowners/property owners associations will be responsible for subdivision street and road maintenance Street and Road Identification: See Chapter 4 of this Land Use Code for sign specifications and requirements Ditch Crossings: Development of land crossed by irrigation ditches requires respecting rights of ditch owner(s) to operate and maintain their ditches without an increased burden of maintenance or liability due to land development and subdivision. As a minimum, all irrigation ditch crossings shall comply with ditch crossing standards detailed in Chapter 4 of this Land Use Code Subdivision Access: All subdivisions shall be served by or connected to existing public roads. All subdivisions shall have access to a municipal street, county road, or state highway. All subdivision access plans must be shown to the nearest county road or municipal street identified as a minor or major collector, or to the nearest highway. Access permits shall be obtained from the appropriate county, state, or municipality, and shall be submitted in accordance with Chapters 4 and 6 of this Land Use Code. Subdivisions with access through an existing subdivision must obtain an access permit; in addition, the existing subdivision must have a legal access permit Driveway Access Off Public Roads: Subdivisions shall have no lots that require primary driveway access to an existing county road, municipal street, or state or federal highway. Access to all lots shall be from subdivision roads Multiple Accesses: Subdivisions meeting any one of the following criteria shall be required to have two accesses to a Municipal, County or State road or highway: Traffic at a single-access intersection generating in excess of 30 trips in the peak hour. Thirty or more residential lots, which at 9.6 trips per day each is 288 daily trips and approximately trips in the peak hour. Traffic study results that recommend an additional access. Access is available to existing adjoining subdivisions that would extend natural street plans. Subdivisions with fewer than 30 lots must adhere to the access provisions of the Wildfire Interface Regulations. Subdivisions in areas identified as Wildfire Zones may be required to provide emergency roads for firebreaks and emergency ingress/egress Arrangement of Access: If two accesses are required, they shall be placed at a distance apart, equal to not less than one-half of the length of the maximum overall diagonal dimension of the subdivision or area to be served, measured in a straight line between accesses. Where three or more accesses are required, the third access shall be arranged a reasonable distance apart from the other two so that if one becomes blocked, the others will be accessible Traffic Studies: A traffic study is required for any subdivision over 30 lots. Upon the recommendation of the County Engineer, the Board of County Commissioners can require a traffic study if the area is deemed a potential safety hazard. See Chapter 4 for details Cul-de-Sacs: Cul-de-sacs are strongly discouraged wherever a connection to an adjacent future development is possible. In these cases a temporary cul-de-sac with a stub road connection is required. Where future connections are not Residential Development Standards Adopted including amendments to Sections 2.7, 2.9 and

8 possible, cul-de-sacs are permitted, but are limited to serving no more than 15 lots in Rural and Semi-Rural Density subdivisions and no more than 20 lots in Urban and Sub-Urban density subdivisions. Cul-de-sacs shall be constructed to meet Chaffee County Road Standards Stub Roads: Stub roads for future street connections may be required to plan for future development if adjoining land is suitable for development. Property being developed adjacent to already developed property must include a road system designed to connect to these stub roads to ensure a logical and contiguous road/street layout. The Board of Commissioners shall determine whether a stub road will remain as an unimproved right of way or be built to county road standards. If a road is built and no lots access it a cul-de-sac will not be required. Street frontage of a lot shall not be allowed on a stub road unless the stub road is designed with a cul-de-sac until a future extension is provided. 2.6 UTILITY STANDARDS General: It shall be the responsibility of the developer to design and install utility facilities in conformance with the standards of the individual utility company, municipality or county, and all state and federal regulations. All utilities shall be placed underground, where excavation is practical. Areas with solid granite or other rock surfaces may use above ground utilities, with approval from the Board of County Commissioners. All utilities and easements shall be clearly delineated on the plat within the specified utility easements. This includes water, sewer and natural gas lines, electrical, phone, cable and fiber optic transmission lines Special Districts: For subdivisions connecting to utilities owned by a special district or other governmental entity, a will-serve letter from the district or municipality for taps and service must be provided prior to Preliminary Plan approval Municipal or Central Water and Sewer Systems: All developers connecting to or constructing new or existing municipal or central water or sewer systems shall be required to sign a subdivision improvements agreement prior to construction of the system, in accordance with Chapter 6 of this Land Use Code Design, Construction and Inspection: An engineer licensed by the State of Colorado shall design the water or sanitation system. The engineer shall ensure that the design meets all federal, state and local requirements. The engineer shall provide a signed affidavit that the system meets these design requirements prior to Final Plat approval. Documentation of the system design is required for Final Plat approval. All municipal or central water or sanitation systems shall have approval from the appropriate state agency or municipality/district prior to Final Plat Approval. The design engineer shall inspect the installation of the system and perform a system flow test prior to certifying the system for use. An affidavit signed by the engineer and the developer is required prior to final release of the subdivision improvements agreement stating the system design meets all federal, state and local requirements, that a system test was performed sufficient to prove the compliance with the design requirements and that the system is in full operation (this includes tests of backup systems etc.). Documentation of the system test results is required for release of the subdivision improvements agreement Water and Sewer Lines: Water and sewer lines shall be placed on opposite sides of the road right-of-way. Standard and accepted engineering practices Residential Development Standards Adopted including amendments to Sections 2.7, 2.9 and

9 shall be followed. All sewer and water service lines shall be stubbed to the property lines of each lot prior to any lot sales. All lots developed in a subdivision within 400 feet of a municipal sewer system must connect to that system Overall Master Plan Design: No phase of a multi-phase development shall be treated as an independent project with regard to the system design. The system design and plant capacity shall consider the requirements of the overall development and shall include all filings of the subdivision master plan. Multi-phase developments must show they can be constructed to deliver the full capacity of the plant. Any revisions to the Master Plan between phases shall be presented to the Board of County Commissioners as part of the subdivision approval for each phase Water Supply: Urban Density: All Urban Density development shall be served by a utility owned by a special district or other governmental entity. Installation of the water system may be approved in phases, but no phase of a multi-phase development shall be treated as an independent project with respect to system design Sub-Urban Density: All Sub-Urban Density development shall be served by a utility owned by a special district or other governmental entity or a private central water system that is designed and constructed in compliance with all regulations of the Colorado Department of Public Health and Environment. All central water systems must show that there is sufficient water quantity, quality, dependability and pressure to provide an appropriate supply of water for the type of subdivision proposed, without detrimental affect to surrounding areas, as determined by the review of an applicant s water supply plan and/or other documents submitted to the office of the State Engineer and other applicable state agencies. A test well or wells shall be required for all central wells, with an engineering study showing the cone of depression. Central wells shall not be within 600 feet of another well, in accordance with state law Semi-Rural and Rural Density: Semi-Rural and Rural Density development may have individual on-lot wells. All developments proposing on-lot wells must provide evidence that adequate water quality and quantity can be made available for the development, without detrimental affect to surrounding areas. Evidence must include augmentation certificates, test well data, laboratory analyses of water quality, and geologic and hydrologic analysis. Applicants must show that the water source will be safe, adequate and reliable. A test well or wells and well pump tests may be required by the Board of County Commissioners. Test well data must demonstrate that the water source will be safe, adequate and reliable Sewage Disposal Systems: Urban Density: All Urban Density development shall be served by a municipal sewer system or sanitation district, which complies with state requirements. Installation of the sewer system may be approved in phases but the Master Plan must include basic information for the entire subdivision Sub-Urban Density: All Sub-Urban Density development shall be served by either a municipal sewer system, sanitation district or a private central sewer system, which complies with all state requirements Semi-Rural and Rural Density: All Semi-Rural and Rural Density development shall be served by a municipal sewer system, sanitation district, private central sewer system or individual sewage disposal system. Municipal Residential Development Standards Adopted including amendments to Sections 2.7, 2.9 and

10 and central systems must comply with all state requirements. Individual sewage disposal systems must comply with the standards of the Chaffee County Environmental Health Department. The Board of County Commissioners may require engineered individual sewage disposal systems Other Utilities: All subdivisions shall be served by electrical and telephone service. 2.7 FIRE SUPPRESSION STANDARDS (AMENDED VIA RESOLUTION ) General: The purpose of fire suppression water supplies is to protect the lives of residents and firefighters, to protect the personal property of the residents and neighboring property owners, and to minimize the threat of wildfires through early response and suppression. All subdivisions shall provide a water supply for fire suppression. The amount of water, the type of delivery system and storage system is determined by several factors. The most critical factor is the density of the subdivision. Other factors include the type of construction, the square footage of the structures in the subdivision, specific fire code requirements, Regional Master Plan requirements, wildfire threat levels and geography. Specific requirements are provided in this section as the minimum water supply requirement. Fire protection districts may request that the Board of County Commissioners require special water supply requirements if the situation warrants storage and infrastructure beyond that specified in this section. In no case shall a subdivision be required to provide a water supply that exceeds that of the local fire jurisdictions currently adopted fire code. The developer should contact the appropriate municipality or Fire Protection District during the Sketch Plan phase Urban Density Subdivisions: Urban density subdivisions are required to provide hydrants served by a municipal water supply and meet all State and Federal standards required by the National Fire Protection Code as adopted by the County or local Fire Protection District Sub-Urban Density Subdivisions: Sub-Urban density subdivisions are required to provide fire suppression through a central water system. The following are the minimum requirements: 1) Hydrants spaced no more than 500 feet apart with no residential structure being more than 800 feet from a hydrant. 2) The minimum flow rate from any two open adjacent hydrants shall not be less than 500 gallons/minute for a minimum period of 36 minutes (36,000 gallons minimum), at a minimum static pressure of 20 psi. 3) Storage requirements to meet the minimum flow rate and duration as stated above shall be in addition to any storage requirements for the system for normal in-house and irrigation use. 4) The fire district, or a licensed engineer, shall perform a flow test and shall issue a certified letter stating that the flow test meets the minimum criteria for fire flow. The County Engineer or an engineer designated by Chaffee County may be required to verify the flow test Semi-Rural and Rural Density Subdivisions: Semi-Rural or Rural density subdivisions shall be required to provide fire suppression water in the form of underground cisterns, if a central supply system is not available. Larger cisterns strategically placed are encouraged and recommended by the local fire districts. The developer shall work with the local fire jurisdiction to determine the sizing, Residential Development Standards Adopted including amendments to Sections 2.7, 2.9 and

11 placement and spacing of cisterns to optimize access and utilization of the water supply for structural and wildfire suppression. Cistern locations and capacity shall be shown on the Preliminary Plan subdivision plat submittal, or the initial submittal if a single-step application. If the developer and the fire jurisdiction cannot agree on a plan, then the developer must use the minimum requirements for sizing, spacing and placement described below. 1) Guidelines for cistern sizing and placement, with concurrence of Fire Protection District: a. One 15,000-gallon cistern for each 30 lots in a subdivision (i.e. 25 lots requires one cistern, 32 lots requires two). b. Placement near subdivision entrance to primary road unless a more suitable location is determined due to existing or potential hazards. c. Cisterns may be located within individual lots, or on common subdivision ground such as common open space. Exact location shall be approved by the Fire Protection District prior to installation. d. A fire apparatus turn-out shall be provided with minimum dimensions of 50 feet long by 8 feet wide, centered on the cistern connection, and constructed in accordance with the requirements of the road accessing the cistern, maintained for year-round access. e. Dry hydrants may be considered as an alternative to a cistern, provided they are maintained and useable year-round. Dry hydrant approval will be based on the available supply of the water source. 2) Minimum cistern sizing and placement requirements if no agreement with Fire Protection District: a. Cisterns shall be a minimum size of15,000 gallons each. b. Cisterns shall be placed adjacent to subdivision right of ways at 2200 foot intervals outside of any utility easement. There shall be a cistern within 1100 feet of any lot s building envelope. c. The first cistern shall be within 1100 feet of a subdivision entrance; in the case of multiple entrances there shall be a cistern within 1100 feet of each entrance. An entrance shall be defined as any roadway accessing a city, county or state highway. The 1100 feet shall be measured from the public road intersection. d. A fire apparatus turn-out shall be provided with minimum dimensions of 50 feet long by 8 feet wide, centered on the cistern connection, and constructed in accordance with the requirements of the road accessing the cistern, and maintained for year-round access. 3) Cisterns in subdivisions with four or fewer lots: a. The minimum requirements detailed in Item 2 above apply, with the exception that a single 6,000-gallon cistern may be used Cistern Design, Permitting and Maintenance: The following are the requirements for the placement, design, permitting, maintenance and inspection of the cisterns: 1) The subdivision improvements agreement and plat shall state that the local, state and federal fire jurisdictions shall have access to and permission to use water from the cisterns to fight fires within and outside of the subdivision with the agreement that the fire jurisdiction will refill the cistern if the water is used to fight or prevent a fire outside of the subdivision boundaries. Cisterns must be installed, inspected and filled prior to release of the subdivision improvements agreement for any subdivision or filing. 2) Cisterns will require a permit from the Chaffee County Building Department Residential Development Standards Adopted including amendments to Sections 2.7, 2.9 and

12 with inspections and approval by the Building Department and Fire Protection District. A permit fee shall be established to cover the review and inspection costs incurred. 3) Each cistern shall meet the minimum criteria adopted by the county. The owner must provide engineered drawings for approval by the County and the Fire Protection District 4) Maintenance of cisterns, to include filling, shall be the responsibility of the developer and any subsequent homeowner s association. If there is no homeowner s association, the responsibility for maintenance of cisterns will be shared equally by each lot owners in the subdivision. 5) Cisterns shall not be used for irrigation, in-house use or any other use other than fire protection. Violators will be subject to fines and penalties per County Code Wildfire Defense and Suppression: Shall meet the recommendations of the State Forest Service and other reviewing agencies. This section applies to all developments. 2.8 PARKS, OPEN SPACE AND TRAILS General: Common Open Space is space that shall be set aside for use of all subdivision residents, and shall exclude all rights of way or parking areas. Common open space may include trails outside of public rights of way, developed parks, trails along ditches or streams, or reserved land in its natural state. The common open space shall be deeded to the subdivision homeowners association and the homeowners association shall maintain the common open space. A trail that is in the public right of way is considered a public trail. If a trail is located on land maintained by the homeowners association or on other private land, it is considered a private trail Requirements: All subdivisions in the Urban, Sub-Urban and Semi Rural Densities will be required to follow the Chaffee County Trails Master Plan adopted at the time of Sketch Plan submittal. Developments with Rural Density levels will not be required to dedicate common open space, but will be encouraged to preserve natural, scenic and historic areas as undeveloped areas. Minimum common open space requirements in new developments shall be as follows: Urban Density 15% of total lot acreage Sub-Urban Density 10% of total lot acreage Semi-Rural Density 5% of total lot acreage for subdivisions with a minimum lot size less than 4.00 acres 2.9 REPEALED FEBRUARY 1, 2005 VIA RESOLUTION REPEALED FEBRUARY 1, 2005 VIA RESOLUTION ENVIRONMENTAL STANDARDS Drainage and Flood Protection: Developers shall be responsible for the design, construction and means for providing future maintenance of all drainage and erosion, sedimentation, and flood control facilities required to direct and control all water from any source, and for providing all necessary drainage easements. Drainage facilities may be required to be designed by a registered professional engineer licensed to practice in the State of Colorado and qualified Residential Development Standards Adopted including amendments to Sections 2.7, 2.9 and

13 in the fields of hydrology, hydraulics and soils engineering. Such facilities shall be designed and constructed in a manner that will protect all roadways and lots, permit the unimpeded flow of natural water courses, ensure the adequate drainage of all low areas and avoid stream and irrigation ditch degradation within and downstream from the proposed subdivision. All engineering recommendations must be converted into specifications and standards that can be shown on the plat or site development plans to be filed with the Final Plat. The drainage systems shall be designed as follows: 1) To carry drainage from the proposed subdivision and permit the unimpeded flow of natural and existing watercourses to streams or other acceptable drainage ways. If such drainage ways are not available, detention facilities must be provided as deemed necessary to control storm waters generated exclusively within the subdivision from a one-hundred year storm which are in excess of the historic runoff volume of storm water from the same land area in its undeveloped and unimpaired condition. 2) To ensure adequate drainage of all low points. 3) To ensure that buildings constructed in a flood hazard area shall be in compliance with the Chaffee County Building Code and Road Standards. All lots containing land which is less than two (2) feet above the elevation of the one hundred (100) year recurrence interval flood or, where such data is not available, five (5) feet above the elevation of the maximum flood of record, must have adequate building sites documented with consideration to the location of the building and, where applicable, of wells and septic tanks. 4) The drainage systems shall be designed to consider the drainage basin as a whole and shall accommodate not only runoff from the subdivision area but also, where applicable, runoff from those areas adjacent to and upstream from the subdivision itself, as well as its effects on lands downstream. 5) Drainage routing through the proposed development shall be designed so as to cause minimal erosion problems. To that end, the design shall ensure that the proposed development be constructed in a manner which will minimize disturbance of existing vegetation and soil cover. 6) The drainage system shall not increase the extent of flooding of any lands not located within the subdivision regardless of whether or not such drainage occurs within natural drainage channels. 7) All proposed drainage structures shall be indicated. 8) It shall be the responsibility of the developer to mitigate seepage and secondary water from adjoining ranch land. 9) All appropriate designs, details, and dimensions necessary to clearly explain proposed construction materials and elevations shall be included in the drainage plans. 10) Prior to release of the Subdivision Improvements Agreement, the design engineer shall provide a letter stating the drainage improvements were completed in accordance with design recommendations Drainage Standards: All drainage and erosion, sedimentation, and flood control facilities shall be constructed in accordance with the Chaffee County Road Standards or other policies established by the Board of County Commissioners. Drainage systems proposed as part of a subdivision or Planned Unit Development (PUD) shall be based on consideration of the drainage basin as a whole and shall be capable of accommodating not only runoff from the proposed development, but also runoff from areas adjacent to and upstream from the development itself. Total runoff shall be calculated using standard engineering techniques, and shall be based on a 100-year, Residential Development Standards Adopted including amendments to Sections 2.7, 2.9 and

14 24-hour storm event. Drainage easements shall be provided as necessary to accommodate all storm flows. Drainage structures shall be designed to prevent heavy sedimentation within, erosion or overtopping of channels, or damage to structures. Drainage structures shall be designed in a manner that will not increase the magnitude, depth or velocity of flow at the point where channels cross the boundary line of the proposed development, or increase the stream channel energy gradient outside of the proposed development Natural Drainages: Natural drainage patterns shall be preserved and protected from increased water flows that could alter such patterns or subject existing channels and adjacent areas to increased erosion. Natural vegetation shall be preserved adjacent to streams, rivers, lakes and reservoirs and the planting of trees and bushes, where feasible, is encouraged along open areas. Applicants shall consult with the appropriate agencies in the development of drainage, sedimentation and erosion control measures. These conditions shall be satisfied before an applicant may submit a Final Plat, a site plan, or other final development plan to the Planning Commission. All proposed development within a designated or identified floodplain or a potentially flood-prone area located within a proposed subdivision shall comply with these provisions Weed Management: New subdivisions and developments shall be required to submit to the Chaffee County Weed Department a Noxious Weed Management Plan and a Re-vegetation Plan before breaking ground for new development. These plans should detail integrated Weed Management for noxious weed prevention and control. They should also provide for plans to re-vegetate disturbed sites with native plant species. These plans shall be required anytime roads and other soil disturbances exceed one half acre or approximately 22,000 square feet. The Chaffee County Weed Department will be available to help develop these plans. The weed management plan shall provide for the use of clean equipment to prevent transporting weeds to the construction site. Gravel used for roadbeds should be obtained from a relatively weed free source. The plan shall provide for long-term prevention and control of noxious weeds by both the developer and future homeowners and associations. If noxious weeds do infest the area, quick and effective weed control shall be a part of the plan. This should include mechanical, cultural, biological and chemical control methods. This plan must be flexible, as different species of noxious weeds require different control measures. This process shall be subject to a refundable bonding mechanism. The bond will be refunded upon the completion and inspection of re-vegetation projects Erosion Control and Re-Vegetation: Adequate provisions shall be made for revegetation and for soil stabilization during and after development of the site. Revegetation will be required on disturbed sites, as this is the most important step in weed control. All cuts and fills shall be designed, engineered and landscaped to control erosion as well as provide stability for the entire mass. All road cuts and fills shall be replanted or reseeded with grasses suited to the environment. For road ditches the back slope or portion of the ditch away from the roadbed shall be re-vegetated. Other disturbances within the development such as utility, water and sewer lines shall be re-vegetated. If possible, native grasses and forbes should be used for this process. If mulch is needed to stabilize soils during the re-vegetation process, weed free mulch from Colorado shall be used. Revegetation shall be completed within five years from the time development is Residential Development Standards Adopted including amendments to Sections 2.7, 2.9 and

15 started. This will allow for sufficient time to establish native species on the disturbed site Wildlife Protection: The Planning Commission and the Board of County Commissioners shall have the authority to require that a developer design a development in such a way that mitigates the impact of the development on existing wildlife. The applicant shall adhere to the appropriate agency comments and shall design the development to be sensitive to wildlife habitat SIGN STANDARDS General: Signs in residential developments shall be constructed in accordance with the guidelines specified in other sections of this Land Use Code. Signs for individual lots in all residential developments shall be limited to the following: 1) One residential identification sign per living unit, being a freestanding sign, a wall sign or a projecting sign, to identify the occupants thereof or any home occupation pursued therein, not to exceed two (2) square feet. 2) One sign advertising the sale or rent of a property, not lighted or illuminated and not exceeding six (6) square feet. 3) One sign announcing the construction or remodeling of a building, not illuminated or lighted, and not to exceed eight (8) square feet. 4) One sign per non-residential use lot (parks, schools, community buildings, etc.) permitted within a residential development, not to exceed 10 square feet. 5) One sign per commercial or special use permitted under other sections of this Land Use Code. Such signs must not be lighted or illuminated and shall not exceed six (6) square feet Subdivision Entrance Signs: A subdivision is permitted to have one "Entrance" sign or structure at each subdivision entrance to County, State, or Municipal streets or roads. Signs must be constructed wholly within the subdivision boundaries, outside of the right-of-way. Entrance signs and structures shall meet all requirements for sight distances and "clear-zones". Signs on entrance structures shall be attached to the entrance structure, and shall be limited to 10 square feet in size. All entrance structures must obtain the required building permits prior to beginning construction. No structure shall have a solid height greater than 6 feet, and all archways must meet any requirements established by the Building Department. No advertising shall be allowed on these signs or entrance structures Subdivision Maps and Directional Signs: A subdivision may be required to have a map or directional sign as determined by other sections of this Land Use Code. These sign locations shall be indicated on the subdivision plat, outside of the right-of-way. The maximum size of each sign shall be 10 square feet, and no advertising shall be allowed on these signs PARKING General: In all residential subdivision densities, there shall be a minimum of 2 spaces of off-street parking per dwelling unit with driveway access to the public right-of-way. All parking spaces shall be located on the same lot with the residence served Parking for Other Uses: In the case of a non-residential use (parks, schools, community buildings, etc.) or other permitted use within a residential development, off-street parking spaces shall be provided as defined in other Residential Development Standards Adopted including amendments to Sections 2.7, 2.9 and