Section 5.00 Supplementary Regulations 5.01 Supplementary Use Regulations 5.01.01 Utility facilities 5.01.02 Minimum off-street parking 5.01.03 Signs 5.01.04 Buildings 5.01.05 Frontage 5.01.06 Greenbelt 5.02 Mobile Home Park and Camper Regulations 5.02.01 Existing park 5.02.02 New park or addition to an existing park 5.02.03 Application 5.02.04 Procedure 5.02.05 Site plan for mobile home park and camper park; general requirements 5.02.06 Site requirements applicable only to mobile home parks 5.02.07 Site requirements applicable only to camper parks 5.02.08 Water supply and distribution; general requirements 5.02.09 Water supply and distribution requirements applicable only to mobile home parks 5.02.10 Water supply and distribution requirements applicable only to camper parks 5.02.11 Fire protection; general requirements 5.02.12 Fire protection requirements applicable only to mobile home parks 5.02.13 Sewage disposal; general requirements 5.02.14 Sewage disposal requirements applicable only to mobile home parks 5.02.15 Sewage disposal requirements applicable only to camper parks 5.02.16 Electrical distribution and communication wiring 5.02.17 Service buildings; general requirements 5.02.18 Service building requirements applicable only to camper parks 5.02.19 Supervision; general requirements: 5.02.20 Miscellaneous regulations applicable only to camper parks: 5.02.21 Special use permits for temporary housing at construction sites 5.03 Conditional and Special Uses 5.03.01 Mobile home as principal use of the lot 5.03.02 Row house 5.03.021 Accessory Dwelling Unit 5.03.023 Group Residential Facilities for Children & Youth 5.03.025 Guest house 5.03.027 Shooting Range Facility 5.03.028 Accessory Structures 5.03.03 Studio for the arts and crafts 5.03.035 Riding Stable Section 5 Continued 5.03.04 Aircraft landing strip 5.03.05 Airport, utility 5.03.06 Airport, air carrier 5.03.065 Veterinary Clinic 5.03.07 Industrial operations 5.03.08 Industrial performance standards 5.03.09 Uses not itemized 5.03.10 Approval of conditional and special uses 5.03.11 Denial of special use 5.03.12 Access routes 5.03.13 broadcasting studio and/or communication towers 5.03.14 Community Corrections Facility 5.03.15 Kennel 5.03.16 Noise Barriers 5.04 Supplementary Lot Area Regulations 5.04.01 Lot slope determinations 5.04.02 Development limitations based on lot slope 5.04.03 Lot area restrictions based on sewage disposal method to be employed 5.04.04 Lot area restrictions based on subdivision regulations 5.04.05 Nonconforming lots 5.04.06 Planned unit developments established under repealed regulations 5.05 Supplementary Setback Regulations 5.05.01 Arterial streets 5.05.02 live streams 5.05.03 Yards 5.06 Supplementary Building Height Regulations 5.06.01 Building height exceptions 5.06.02 Communication towers 5.07 Garfield County Sign Code 5.07.01 Intent 5.07.02 Scope 5.07.03 Definition 5.07.04 Incorporation of the Uniform Sign Code 5.07.05 Permits 5.07.06 Exemptions 5.07.07 Prohibited signs 5.07.08 Temporary signs 5.07.09 Zone district setbacks and allowable signs 5.07.10 Planned Unit Development (PUD) and/or industrial or commercial subdivision 5.07.11 Existing or nonconforming signs 5.07.12 Variance Section 5 Con’t: 5.07.13 Violations and penalties 5.07.14 Severability 5.08 Fiscal Impact Mitigation Program 5.08.01 Statement of purpose and authority 5.08.02 Definitions 5.08.03 Program compliance requirement 5.08.04 Pre-application administrative procedures 5.08.05 Fiscal impact analysis requirements 5.08.06 Review of the Fiscal Impact Analysis 5.08.07 Fiscal Impact Mitigation Program 5.08.08 Fiscal Impact Mitigation Program compliance 5.08.09.1 Supplemental major project land use application requirements 5.08.10 Major project land use permit decision 5.08.11 Enforcement 5.09 Garfield County Affordable Housing Regulations 5.09.01.1 Findings of the Supplementary Regulations 5.09.02 Purpose 5.09.03 General 5.09.04 Definitions 5.09.05 Requirements 5.09.05.01 for Land Designated High Density Residential 5.09.05.02 for Lands with Any Land Use Designation Other than High Density Residential 5.09.05.03 Computation of Required Affordable Housing Units and Mix of Housing Units 5.10 Garfield County Affordable Housing Guideline 5.10.01.01 Renting, Purchasing, or Selling --Qualifications to Rent or Purchase 5.10.02 Qualifications to Reside in an Affordable Housing Unit 5.10.03 How to Qualify for AFU (Rental or Purchase) 5.10.04 Procedures for Initial Purchase & for Resale of an Affordable Housing Unit 5.10.05 Execution of Deed Restrictions by Applicants 5.10.06 Priorities for Persons Desiring to Purchase an Affordable Housing Unit 5.10.07 Maximum Vacancy of an Affordable Housing Unit for Rent 5.10.08 Leave of Absence for Owners of an Affordable Housing Unit 5.10.09 Roommates 5.10.10 Special Review for 4 to 6 Bedroom Units 5.10.11 Grievance Procedures Section 5 Con’t: 5.11 Geologic Hazard Areas (Added 2002-98) 5.11.01 Applicability of Regulations 5.11.02 Compliance Required 5.11.03 Separate Permit Not Required 5.12 Definitions (Added 2002-98) 5.12.01 Aspect 5.12.02 Avalanche 5.12.03 Geologic Hazard 5.12.04 Geologic Hazard Area 5.12.05 Ground Subsidence 5.12.06 Landslide 5.12.07 Landslide Area 5.12.08 Mudflow 5.12.09 Mudflow/Debris Fan Area 5.12.10 Potentially Unstable Slope 5.12.11 Radioactivity 5.12.12 Rock fall Area 5.12.13 Unstable Slope 5.13 Utilization of Maps (Added 2002-98) 5.13.01 Adoption of Official Maps 5.13.02 Significance of Maps 5.13.03 Areas Not Mapped 5.14 Submission Requirements (Added 2002-98) 5.14.01 Initial Geologic Report 5.14.02 Additional Submission Requirements – Avalanche Areas 5.14.03 Additional Submission Requirements – Landslide Areas 5.14.04 Additional Submission Requirements – Rock fall Areas 5.14.05 Additional Submission Requirements – Mudflow or Debris Fan Areas 5.14.06 Additional Submission Requirements – Unstable Slopes 5.14.07 Additional Submission Requirements – Radioactive Hazard Area 5.14.08 Additional Submission Requirements – Ground Subsidence Areas. 5.14.09 Waiver of Submission Requirements 5.15 Development in Geologic Hazard Areas (Added 2002-98) 5.15.01 Development Exempt from this Resolution 5.15.02 Development Prohibited 5.15.03 Development Allowed in Geologic Hazard Areas 5.16 Guidelines for Development within Geologic Hazard Areas (Added 2002-98) 5.16.01 Developments in Avalanche Areas 5.16.02 Guidelines for Development in Landslide Areas Section 5 Con’t: 5.16.03 Guidelines for Development in Rock fall areas 5.16.04 Guidelines for Development in Mudflow Areas 5.16.05 Guidelines for Development of Unstable or Potentially Unstable Slopes 5.21 Mass Transit Supplementary Regulations (added 2002-12) 5.21.01 Statement of Authority 5.21.02 Statement of Purposes 5.21.03 Definitions 5.21.04 Permit Required 5.21.05 General Submittal Requirements – Mass Transit Facilities 5.21.06 Additional Submittal Requirements for Fixed Guide ways 5.21.07 Additional Submittal Requirements of Stations and Terminals 5.21.08 Submittal Requirements for TPUD Development around Mass Transit Stations or Terminals 5.21.09 Design Standards and Approval Guidelines for Mass Transit Facilities 5.21.10 Design Standards and Approval Guidelines for Development in Mass Transit Areas 5.21.11 Review Procedure for Mass Transit Facilities 5.21.12 Review Procedure for Development in Areas around Mass Transit Facilities 5.22 Regulations and Guidelines for the Site Selection of Arterial Highways, Collector Highways, and Interchanges (Added 2002-13) 5.22.01 Statement of Authority 5.22.02 Purpose of Intent 5.22.03 Definitions 5.22.04 Pre-Application Conference 5.22.05 Pre-Application Agreement 5.22.06 Submission Requirements 5.22.07 Analysis Points – Highways 5.22.08 Analysis Points – Interchanges 5.22.09 Data Collected at Analysis Points 5.22.10 Peak Traffic Flow 5.22.11 Point of Origin and Point of Destination 5.22.12 Number of Heavy Vehicles 5.22.13 Average Speed 5.22.14 Roadway Capacity 5.22.15 Traffic Volume 5.22.16 Roadway Conditions 5.22.17 Density of Vehicles 5.22.18 Level of Service 5.22.19 Final Application 5.22.20 Submittal Requirements 5.22.21 Application Form 5.22.22 Maps 5.22.23 Current Traffic Data 5.22.24 Traffic Projections 5.22.25 Community Traffic Needs 5.22.26 Application Review 5.22.27 Incomplete Application 5.22.28 Planning Commission Review Section 5 Con’t: 5.22.29 Public Hearing 5.22.30 Permit Issuance 5.22.31 Permit Denial 5.22.32 Form of Decision 5.00 SUPPLEMENTARY REGULATIONS In addition to regulations contained elsewhere in this Resolution, the use of land and buildings shall be governed by the following regulations: 5.01 SUPPLEMENTARY USE REGULATIONS 5.01.01 Utility Facilities: Nothing in these regulations shall be construed to prohibit construction or installation of a public utility use or structure necessary for transmission of commodities or services of a utility company from a main or distribution line to a private consumer. Mains or distribution lines shall be special uses in any zone district. Storage, maintenance and business offices shall be restricted to their appropriate zone district and regulated in accordance with such non-utility uses. (A. 81-145) 5.01.02 Minimum Off-Street Parking: Parking spaces shall be provided for each use in the following amounts: (1) Residential (except group quarters) - one (1) space per six hundred (600) square feet of floor area or one (1) space per dwelling unit, whichever is greater; each separately rentable room or group of rooms shall be considered a dwelling unit; (2) Residential - group quarters - one (1) space per bed; (3) Retail and service commercial - one (1) space per two hundred (200) square feet of floor area (except storage area); (4) Auditorium and public assembly - one (1) space per one hundred (100) square feet of floor area used for seating or assembly; (5) Public and health facilities (except auditorium and public assembly) - one (1) space per two hundred (200) square feet of floor area (except storage area); (6) Ski facilities - one (1) space per four (4) persons of hourly base lift capacity; (7) Where a lot is occupied by a combination of the above listed uses, the minimum off-street parking requirement shall equal the sum of the requirement for all included uses on the lot. 5.01.03 Signs: In all residential districts, a sign identifying residential use of a lot may be located on the lot; such signs shall be limited to one (1) per principal use and shall not exceed one (1) square foot in area for each dwelling unit up to a maximum of eight (8) square feet. A sign identifying an accessory commercial use in a residential district shall not exceed twelve (12) square feet in area, and shall be limited to one (1) sign per accessory use. In any commercial or industrial district, signs identifying the use of the premises may be located on the lot. Nothing in this Resolution shall be construed to prevent Supplementary location of a temporary sign in any district advertising sale or lease of the premises, provided that such sign does not exceed twelve (12) square feet in area. 5.01.04 Buildings: A conventional, modular or prefabricated building may be located in any zone district where buildings are permitted. A mobile home building shall be located only in those zone districts where specifically permitted under Zone District Regulations. 5.01.05 Frontage: Each lot in separate ownership, unless otherwise provided for under a Planned Unit Development, shall have at least twenty-five (25) lineal feet of frontage on a street right-of-way, either dedicated to the public or to a private association or on a private road and reserved in perpetuity through private agreement to provide access to the lot. Each building devoted wholly or in part to residential use shall front on a street or road as described above except when two (2) or more such buildings are located on one (1) lot and the required frontage for each building cannot be provided due to the shape of the lot; those buildings lacking street or road frontage shall front on a dedicated driveway easement at least twenty-five (25) feet in width and maintained in an unobstructed condition. 5.01.06 Greenbelt: Land designated as greenbelt through dedication or reservation as such for any reason shall be indicated as such on the appropriate zone district map. Such land shall be maintained in conformance with the Definition section of this Resolution or in conformance with any condition for granting of a Planned Unit Development including designation as a park or other open recreation use; land designated as greenbelt may be leased for operation, transferred to a different ownership or otherwise changed in ownership but it shall not be used for residential, commercial, industrial or any other urban or suburban purposes unless provided for by the County Commissioners following procedures for amendment to this Resolution. 5.02 MOBILE HOME PARK AND CAMPER REGULATIONS 5.02.01 Existing Park: Subsequent to the effective date of this Resolution, all existing mobile home and camper parks shall be inspected by the Environmental Health Officer and the Building Official to determine if any hazard to health, safety or welfare exists. Existence of any such hazardous condition shall be reported to the park owner and a reasonable time period shall be established for correction of said condition. Failure on the part of the park owner to correct said hazardous condition within the established time period shall be deemed a violation of this Resolution and other applicable county and state regulations. Occupancy of an existing mobile home park and individual spaces of an existing mobile home park shall be governed by the provisions of Sections 6.11 and 7.00 of this Resolution. (A. 79-132) 5.02.02 New Park or Addition to an Existing Park: Each new park or addition to an existing park shall conform to all provisions of this Resolution. 5.02.03 Application: An application shall be filed in triplicate with the County Commissioners for establishment of a mobile home park or addition to an existing park subsequent to the effective date of this Resolution. Such application shall set forth the following information: (1) Name and address of the person who shall own the park; (2) Location and legal description of the park; (3) Site plan of the park; (4) Plans and specifications for all improvements to be constructed within said park; (5) Such further information as may be required by the County Commissioners to enable them to determine if the proposed park or addition will comply with requirements of this Resolution and other applicable codes and regulations. 5.02.04 Procedure: The County Commissioners shall forward one (1) copy of the application to the Environmental Health Officer and the Building Official and one (1) copy to the County Planning Commission for their review and comment. The Environmental Health Officer shall be responsible for review of plans for water supply and distribution, fire protection, sewage disposal, electrical distribution and refuse handling, utilizing the services of other county, special district or State of Colorado personnel as required. The County Planning Commission shall have a period of sixty (60) days, unless an extension of time is mutually agreed to by the applicant and the Commissioners, to review the application. If the proposed park or addition to an existing park will, when constructed, be in compliance with all provisions of this Resolution and other applicable county and state regulations, the application shall be approved by the County Commissioners. 5.02.05 Site Plan for Mobile Home Park and Camper Park; General Requirements: (1) Access: the park shall have access to a public street or highway; (2) Drainage: the park shall be located on a well-drained site, graded for rapid drainage and free from stagnant pools of water; (3) Layout: the applicant shall also show on the plan all entrances and exits to the park, driveways and walkways and the design and arrangement of all mobile home spaces, camper spaces and any included service buildings. Commercial facilities included or proposed as part of a park shall be principally devoted to serving occupants of said park. 5.02.06 Site Requirements Applicable Only to Mobile Home Parks: (1) Area: The minimum size of mobile home parks shall be two (2) acres; (2) Setback: Minimum setback requirements of the applicable zone district regulations shall be observed on the periphery of the park. The Board of County Commissioners may require provisions for park area within a mobile home park with such requirements based on the number of spaces, density of development availability of public park or playground area; (3) Mobile Home Spaces: Each mobile home space shall contain at least three thousand (3,000) square feet of area exclusive of driveways, and further provided that a floor area ratio of 0.25/1.0 shall be observed, i.e. the mobile home and appurtenant structures shall cover no more than twenty-five percent (25%) of the space upon which it is located. The minimum space between any two mobile homes or appurtenances thereto shall be twelve (12) feet. The area of placement for the mobile home shall be graded for drainage and improved to prevent shifting or settling of the mobile home. In areas subject to gusting winds, anchors or tie-downs shall be provided as necessary to prevent overturning of mobile homes. Each mobile home space shall provide graveled or paved parking space for two (2) automobiles; (4) Driveways and Walkways: All mobile home spaces shall abut upon a driveway graded for drainage and maintained in a rut-free and dust-free condition and which provides unobstructed access to a public street or highway; the minimum unobstructed width of such driveways shall be twenty-five (25) feet; and additional eight (8) feet of width shall be constructed for each parallel parking lane adjacent thereto. All driveways and walkways within the park shall be sufficiently illuminated to insure safety for park residents. Walkways not less than two (2) feet wide shall be provided along drives as required for safety and convenience of inhabitants. 5.02.07 Site Requirements Applicable Only to Camper Parks: (1) Setback: Minimum setback requirements of the applicable zone district regulations shall be observed on the periphery of the park; (2) Camper Spaces: (A) The area devoted to each camper space designed for tent camping shall be adequate to accommodate the following facilities and spatial requirements: Each space shall be provided with a fireplace or fire circle, a picnic table and a well-drained, reasonably level tent site. The minimum on-center distance between tent sites shall be twenty (20) feet. Each space shall provide a graveled parking space. Adequate traffic barriers shall be provided to confine vehicles to driveways and parking spaces; (B) The area devoted to each camper space designed for camper vehicles or trailers shall be adequate to accommodate the following facilities and spatial requirements: Each space shall be provided with a graveled vehicle and trailer parking space of length and width to accommodate the type of camper or trailer by which the space is intended to be occupied. Fireplaces, fire circles and picnic tables shall be installed in sufficient quantities and in convenient locations to satisfy occupants' needs for such facilities. Adequate traffic barriers shall be provided to confine vehicles and trailers to driveways and parking spaces. The minimum on-center distance between campers or trailers shall be twenty (20) feet; (3) Driveways: All camper spaces shall abut upon a driveway graded for drainage and maintained in a rut-free and dust-free condition and which provides unobstructed access to a public street or highway; the minimum unobstructed width of such driveways shall be fifteen (15) feet for one-way traffic or twenty-five (25) feet for two-way traffic, providing no parking is permitted thereon. An additional eight (8) feet of width shall be required for each parallel parking lane constructed adjacent thereto, or twenty (20) feet for each lane of perpendicular or angle parking adjacent thereto. 5.02.08 Water Supply and Distribution; General Requirements: (1) A domestic water supply that is in compliance with the drinking water standards of the Colorado Department of Health shall be provided in each mobile home and Camper Park. Where a municipal supply of water of satisfactory quantity, quality and pressure is available, connection shall be made thereto and its supply used exclusively. When such a municipal water supply is not available, a central water supply system may be developed and used if it meets standards of the Colorado Department of Health; (2) Every well or suction line of the water supply system shall be located and constructed in such a manner that neither underground nor surface contamination will reach the water supply from any source; (3) The treatment of a private water supply shall be in accordance with applicable laws and regulations; (4) Water Distribution System: (A) The water supply system of the park shall be connected by pipes to all mobile homes, buildings and other facilities requiring water; (B) All water piping, fixtures and other equipment shall be constructed and maintained in accordance with state and local regulations and requirements and shall be of a type and in locations accepted by the County Environmental Health Officer; (C) The system shall be so designed and maintained as to provide a pressure of not less than twenty (20) nor more than eighty (80) pounds per square inch, under normal operating conditions, at service buildings and other locations requiring potable water supply; (D) A minimum horizontal separation of ten (10) feet shall be maintained between all domestic water lines and sewer lines; (E) Underground stop and waste valves shall not be installed on any water service. 5.02.09 Water Supply and Distribution Requirements Applicable Only to Mobile Home Parks: (1) Source of Supply: The water supply shall be capable of supplying a minimum of four hundred fifty (450) gallons per day per mobile home; (2) Individual Water-riser Pipes and Connections: (A) Water-riser pipes shall extend at least four (4) inches above ground elevation unless recessed in a box or sleeve. The pipe shall be at least three-quarter (3/4) inch. The water outlet shall be capped when a mobile home does not occupy the lot; (B) Adequate provisions shall be made to prevent freezing of main service lines, valves and riser pipes and to protect risers from heaving and thawing actions of ground during freezing weather. Surface drainage shall be diverted from the location of the riser pipes; (C) A shut-off valve below the frost line shall be provided near the water-riser pipe on each mobile home lot. 5.02.10 Water Supply and Distribution Requirements Applicable Only to Camper Parks: (1) Source of Supply: The water supply shall be capable of supplying fifty (50) gallons per space per day for all spaces lacking individual water connections and a hundred (100) gallons per space per day for all spaces provided with individual water connections; (2) Individual Water Connections: If facilities for individual water service connections are provided, the following requirements shall apply: (A) Riser pipes provided for individual water service connections shall be so located and constructed that they will not be damaged by the parking of travel trailers or campers; (B) Water-riser pipes shall extend at least four (4) inches above ground elevation unless recessed in a box or sleeve. The pipe size shall be three-quarter (3/4) inch; (C) Adequate provisions shall be made to prevent freezing of main service lines, valves and riser pipes; (D) Valves shall be provided near the outlet of each water service connection. They shall be turned off and the outlets capped or plugged when not in use; (3) Watering Stations: (A) Each camper vehicle or trailer parking area shall be provided with one (1) or more easily accessible watering stations for filling water storage tanks. Such water supply outlets shall consist of at least a water hydrant and the necessary appurtenances and shall be protected against the hazards of backflow and back siphonage; (B) Each tent camping area shall be provided with one (1) individual watering station for each four (4) spaces; such station to be constructed similar to individual water service connections as provided under 5.02.10(2) except that riser height shall be thirty (30) inches and a splash pad shall be installed around the base. 5.02.11 Fire Protection; General Requirements: Provisions shall be made for giving alarm in case of fire. It shall be the responsibility of the duly authorized attendant or caretaker to inform all tenants about means for summoning fire apparatus, sheriff's department and park employees. No open fires shall be left unattended at any time. (1) Portable Fire Appliances: (A) Approved facilities shall be provided for fighting fires in ordinary combustible materials (Class A), readily accessible to all park occupants, in readily visible locations. Such facilities shall consist of a hose of a type usable in all weather, permanently attached or in cabinets immediately adjacent to the hose connection so located that any part of any mobile home, travel trailer or camper vehicle can be reached with a garden hose stream; (B) One (1) or more approved carbon dioxide or dry chemical extinguishers of a type suitable for flammable liquid or electrical fires (Class B and Class C) shall be located either in an open station so that it will not be necessary to travel more than a hundred (100) feet to reach the nearest extinguisher, or inside each mobile home and camper at the owner's responsibility and verified by the park operator; (C) Appropriate arrangements shall be made to prevent freezing of fire fighting equipment. 5.02.12 Fire Protection Requirements Applicable Only to Mobile Home Parks: (1) Fixed Installations: Water supply facilities for fire department operations shall be provided to consist of one (1) or more of the following, so arranged as to permit the operation of a minimum of two 1-1/2 inch hose streams on any fire in a mobile home or elsewhere in the mobile home court. Water supply and associated facilities shall be sufficient to provide a delivery of at least seventy-five (75) gallons per minute at each of two (2) nozzles, held four (4) feet above the ground, at a flowing pressure of at least thirty (30) pounds per square inch at the highest point in the court. The utilization of available fire fighting equipment may be assumed in determining compliance with these minimums: (A) A public water supply system with hydrants located within a five hundred (500) foot radius of all mobile home spaces; (B) An approved private system with hydrants connected to domestic water supply, so arranged as to provide protection equivalent to Paragraph (1); (C) An approved suction supply or supplies each of not less than three thousand (3000) gallons suitable for fire department pumper drafting, so located that each trailer site will be within a five hundred (500) foot radius of a supply point; (D) Where fire departments are equipped with tank trucks for water supply, and such trucks are so located that in case of fire they can respond as soon as fire fighting personnel, they may be accepted in lieu of a fixed water supply by permission of the Building Official. 5.02.13 Sewage Disposal; General Requirements: An adequate sewage system shall be provided in each mobile home park and camper park for the purpose of conveying and disposing of all sewage. Such system shall be designed, constructed and maintained in accordance with state and local laws. (1) Sewer Lines: All sewer lines shall be located in trenches of sufficient depth to be free of breakage from traffic or other movements and shall maintain a minimum horizontal separation of ten (10) feet from all domestic water lines. Sewers shall be at a grade which will insure a velocity of two (2) feet per second when flowing full. All sewer lines shall be constructed of materials accepted by state or local laws and shall meet design criteria of the Colorado Department of Health; (2) Sewage Treatment and/or Discharge: Where the sewer lines of the park are not connected to a public sewer, all proposed sewer disposal facilities shall be approved by the Environmental Health Officer prior to construction. Effluents from sewage treatment facilities shall not be discharged into any waters of the State except with prior approval of the Colorado Department of Health. 5.02.14 Sewage Disposal Requirements Applicable Only to Mobile Home Parks: Individual Sewer Connections: Each mobile home stand shall be provided with at least a four (4) inch diameter sewer riser pipe. The sewer riser pipe shall be so located on each stand that the sewer connection to the mobile home system outlet will approximate a vertical position; (A) The sewer connection shall have a nominal inside diameter of at least three (3) inches and the slope of any portion thereof shall be at least one-eighth (1/8) inch per foot. The sewer connection shall consist of one (1) pipe line only with no more than one (1) stand served by one (1) individual sewer connection. Underground branch fittings of four (4) inch lines shall not be permitted. All joints shall be watertight; (B) All materials used for sewer connections shall be rigid or semi rigid, corrosive resistant, nonabsorbent and durable. The inner surface shall be smooth. (C) Provision shall be made for plugging the sewer riser pipe when a mobile home does not occupy the lot. Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least four (4) inches above ground elevation unless such riser pipe is protected within a recessed box or sleeve. 5.02.15 Sewage Disposal Requirements Applicable Only to Camper Parks: (1) Individual Sewer Connections: If facilities for individual sewer connections are provided, the following requirements shall apply: (A) The sewer riser pipe shall have at least a four (4) inch diameter, shall be trapped below the ground surface and shall be so located on the trailer space that the sewer connection to the trailer system will approximate a vertical position; (B) The sewer connection shall have a nominal inside diameter of at least three (3) inches, and the slope of any portion thereof shall be at least one-eighth (1/8) inch per foot. All joints shall be watertight; (C) All materials used for sewer connections shall be corrosive resistant, nonabsorbent and durable. The inner surface shall be smooth; (D) Provision shall be made for plugging the sewer riser pipe when a trailer does not occupy the space. Surface drainage shall be diverted away from the riser; (2) Sink Wastes: No liquid wastes from sinks shall be discharged onto or allowed to accumulate on the ground surface. 5.02.16 Electrical Distribution and Communication Wiring: Each mobile home park shall, and each camper park may, contain an electrical distribution system, consisting of wiring, fixtures, equipment and appurtenances thereto which shall be installed and maintained in accordance with the USA Standard "National Electrical Code, 1971" and all subsequent amendments thereto. Telephone and cable TV systems may be installed and maintained; All plans for the above services shall have the approval of the responsible utility prior to county approval of park plans. 5.02.17 Service Buildings; General Requirements: (1) The requirements of this Section shall apply to service buildings, recreation buildings and other community service facilities such as; (A) Management offices, repair shops and storage areas; (B) Sanitary facilities; (C) Laundry facilities; (D) Indoor recreation areas; (E) Commercial uses supplying essential goods or services for the exclusive use of park occupants. (2) Structural Requirements for Buildings: (A) All portions of the structure shall be properly protected from damage by ordinary uses and by decay, corrosion, termites and other destructive elements. Exterior portions shall be of such materials and be so constructed and protected as to prevent entrance or penetration of moisture and weather; (B) All rooms containing sanitary or laundry facilities shall have sound-resistant walls extending to the ceiling between male and female sanitary facilities. Walls and partitions around showers, bathtubs, lavatories and other plumbing fixtures shall be constructed of dense, non-absorbent waterproof material or covered with moisture resistant material; (C) Each room containing sanitary or laundry facilities shall have at least one (1) window or skylight facing directly to the outdoors. The minimum aggregate gross area of windows for each room shall be not less than ten percent (10%) of the floor area served by them. Have at least one (1) window which can be easily opened, or a mechanical device which will adequately ventilate the room; (D) Toilets shall be located in separate compartments equipped with self-closing doors. Shower stalls shall be of the individual type. The rooms shall be screened to prevent direct view of the interior when the exterior doors are open; (E) Illumination levels shall be maintained as follows: (I) general seeing tasks - five (5) foot-candles; (ii) Laundry room work area - forty (40) foot-candles; (iii) Toilet room in front of mirrors - forty (40) foot-candles; (F) Hot and cold water shall be furnished to every lavatory, sink, bathtub, shower and laundry fixture, and cold water shall be furnished to every closet and urinal. 5.02.18 Service Building Requirements Applicable Only to Camper Parks: Required Community Sanitary Facilities: (A) A central service building containing the necessary toilet and other plumbing fixtures specified shall be provided in all camper vehicle or trailer parking areas which provide parking spaces for dependent vehicles or trailers and for tent camping areas. Service buildings shall be conveniently located within a radius of approximately three hundred (300) feet to the spaces to be served; (B) Sanitary facilities for women shall include a minimum of one (1) flush toilet, one (1) lavatory and one (1) shower for each fifteen (15) spaces or fractional number thereof; (C) Sanitary facilities for men shall include a minimum of one (1) flush toilet, one (1) urinal, one (1) lavatory and one (1) shower for each fifteen (15) spaces or fractional number thereof; (D) Where a camper park is designed for and exclusively limited to use by self-contained camper vehicles or trailers, no public sanitary facilities shall be required; (E) When a camper park requiring a service building is operated in connection with a resort or other business establishment, the number of sanitary facilities for such business establishment shall be in excess of those required by the schedule for camper spaces and shall be based on the total number of persons using such facilities. 5.02.19 Supervision; General Requirements: (1) The duly authorized attendant or caretaker shall be in charge at all times to keep the park, its facilities and equipment in a clean, orderly and sanitary condition; (2) The owner shall be answerable for the violation of any provision of this Regulation and other applicable County and State regulations. Copies of Regulations shall be made available to the park residents by the park manager or owner; (3) Refuse Handling: the storage, collection and disposal of refuse in mobile home parks and camper parks shall be so arranged as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. All refuse shall be disposed of at either a municipal or county designated landfill site; (4) Pest Control: grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform to the requirements of the County Environmental Health Officer and the Colorado State Department of Health; (5) Pet Control: no owner or person in charge of any dog, cat or other pet animal shall permit it to run at large or commit any nuisance within the limits of any mobile home or camper park. 5.02.20 Miscellaneous Regulations Applicable Only to Camper Parks: (1) The principal business of the park shall be to provide parking spaces for travel trailers, camper vehicles and/or tent camping. Occupancy in camper parks by any individual shall be limited to no more than one hundred twenty (120) days per year in any one (1) or combination of camper parks in the County. (2) Travel trailers and camper vehicles accommodated shall not exceed forty (40) feet in length and eight (8) feet in width. 5.02.21 Special Use Permits for Temporary Housing at Construction Sites (1) At times of severe housing shortage or other unusual or emergency conditions, special use permits for temporary housing in the nature of mobile houses, campers and recreational vehicles may be granted related to commercial, industrial and highway construction projects of substantial size in any zone district by the County Service Commissioners through the special use permit process. Such housing shall be of a temporary nature and shall be removed at the expiration of the permit. When the construction project will last longer than one (1) year, the special use permit under this Section shall not be granted. (2) Special Use Permit for Temporary Housing on Construction Sites: The applicant shall submit an adequate site plan, proposed water supply, proposed method of sewage treatment and names and addresses of adjacent property owners. The applicant is responsible for providing this information. (A) For self-contained temporary housing units, the applicant must demonstrate and guarantee arrangement for hauling of water and sewage. (B) For units which are not self-contained, a central water and sewage treatment system must be provided, with specifications approved by the County. (C) In no case shall unsafe water be used for drinking nor shall raw sewage or used water be discharged on the ground surface. (D) Temporary housing shall be considered self-contained if it includes a toilet and a bath or shower. (3) The maximum allowable time length of the permit is six (6) months. For good cause shown, the permit may be renewed. By way of example and not limitation, good cause may constitute progress towards more permanent housing, and nature of the construction project. (4) Temporary housing shall be located on a construction site or adjacent thereto, for which a building permit has been issued, and inhabitants on that site shall be only construction employees working on that site, and not dependents of employees. (5) Temporary housing sites shall be maintained in a clean, sanitary and safe condition, free from hazardous or noxious materials, weeds and refuse. The applicant is responsible for ensuring compliance. (A) Fire Protection; General Requirements: Provisions shall be made for giving alarm in case of fire. It shall be the responsibility of the duly authorized attendant or caretaker to inform all tenants about means for summoning fire apparatus, sheriff's department and park employees. No open fires shall be left unattended at any time. One (1) or more approved extinguishers of a type suitable for flammable liquid or electrical fires (Class B and Class C), carbon dioxide or dry chemical, shall be located in an open station so that it will not be necessary to travel more than one hundred (100) feet to reach the nearest extinguisher. A water storage tank may be required if County and local fire protection officials deem it necessary. (B) Refuse containers must be provided for trash. At least one thirty (30) gallon (4 cubic feet) container shall be provided for each unit or the equivalent in a central trash collection facility. Said container(s) must be durable, washable, non-absorbent metal or plastic with tight-fitting lids. Refuse shall be disposed of not less than once weekly. (6) Certificates of Occupancy for a construction project shall be withheld until temporary housing is removed and the site is restored to the satisfaction of the County. (7) Once the permit for temporary housing is granted, the applicant shall comply with all the foregoing regulations or the County will issue a STOP WORK ORDER for the construction project until temporary housing site is brought into compliance with the regulations. (8) If there is suitable housing space available in the nearby area to the construction project, the temporary building permit shall not be granted. Written statements from nearby mobile home parks or other employee housing projects may be submitted to demonstrate housing need. (9) No animals shall be allowed at temporary housing sites. (10) In evaluating the request for a Temporary Housing Special Use Permit, the County Commissioners may require compliance with additional provisions as they might be needed to ensure the health, safety and welfare of the public. (A. 81-263) 5.03 CONDITIONAL AND SPECIAL USES As listed under the Zone District Regulations, conditional and special uses shall conform to all requirements listed thereunder and elsewhere in this Resolution plus the following requirements: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; (A97-60) (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Additional specific requirements and prerequisites for certain uses are as follows: (A. 79-132) 5.03.01 (1) Mobile Home as Principal Use of the Lot: A mobile home may be allowed as the principal use of a lot as a special or conditional use, as provided within the zone district provisions of this Resolution, provided that each of the following conditions is satisfied in the situation of a special use and that the first three (3) of the conditions are satisfied in the situation of a conditional use: (A) The mobile home has a minimum of seven hundred twenty (720) square feet of floor area; (B) The mobile home is placed on a permanent concrete or masonry footer; (C) The mobile home shall be skirted, with no storage allowed underneath or outside the structure. The Building Official may require tie-downs in locations subject to high winds; (D) The lot on which the mobile home is to be placed shall be posted with a Notice of Intent, fifteen (15) days prior to the public hearing; (E) Written notice of the public hearing as required by Section 9.03.04 of this Resolution shall be sent by the applicant to the land owners within two hundred (200) feet of the lot on which the mobile home is to be located at least fifteen (15) days prior to the public hearing by certified return receipt mail. The return receipts, showing receipt of notice by such property owners, shall be given to the Planning Director at least five (5) days prior to said hearing, unless the applicant is able to otherwise show evidence of receipt of adequate notice. Notice by publication required by said Section 9.03.04 shall be given in a newspaper of general circulation once, at least fifteen (15) days prior to hearing: (2) Manufactured Home as the Principal Use of the Lot: A manufactured home shall be allowed as the principal use of a lot as a use by right, provided that each of the following conditions is satisfied: (A) The manufactured home is at least twenty-four (24) feet in width and thirty-six (36) feet in length; (B) The manufactured home is installed on a permanent concrete or masonry footer approved by the Building Official; (C) The manufactured home shall be skirted with materials of the same appearance and color as the siding, and be permanently affixed to the building if the foundation is not completely enclosed. The Building Official may require tie-downs in locations subject to high winds. (D) The manufactured home has brick, wood or cosmetically equivalent exterior and has a pitched roof with no metal materials not pre-painted with a non-reflective color and permanently affixed to the metal by a manufacturer; 5.03.02 Row House: A subdivision plat must be approved whereon the minimum lot area for a row house lot is one thousand four hundred (1,400) square feet, a minimum of six (6) row house lots appear on the plat and the plat includes sufficient land area in lots and common area to satisfy floor area ratio requirements under the appropriate Zone District Regulation. 5.03.021 Accessory Dwelling Unit: Use of a structure as an accessory dwelling whether approved by Special Use, use by right in a new subdivision approval, or on an existing lot must meet the following standards, as well as all other standards applicable to residential use: (1) The minimum lot size shall be four (4) acres containing a building site with slopes Less than 40% at least two (2) acres in size. (2) The gross floor area for residential use occupancy shall not exceed 1500 sq. ft. (3) Approval from the subdivision homeowners association and/or allowed by covenant if applicable. (4) Proof of a legally adequate source of water for an additional dwelling unit. (5) Compliance with the County individual sewage disposal system regulations or Proof of a legal ability to connect to an approved central sewage treatment facility. (6) Only leasehold interests in the dwelling units are allowed. (7) That all construction complies with the appropriate County building code Requirements. (A.95-076) 5.03.023 Group Residential Facility for Children & Youth: Before approval is granted for any group residential facility for children and youth, the Applicant shall provide proof of any required local, state, and/or federal licenses, as applicable to the services provided and population served by the facility. (Add 2004-62) 5.03.025 Guest House: Use of a structure as a guest house must meet the following Conditions as well as all other standards applicable to residential use: (1) The gross floor area or the area used for residential occupancy shall not exceed one thousand (1,000) square feet; (2) The minimum lot size shall be fifty percent (50%) larger than the minimum required for a residential use in the same zone district; and (3) The length of stay of a guest shall be limited to thirty (30) days, unless said guests are the grandparents, parents, siblings or children of the occupants of the primary structure. (A. 81-263) 5.03.027 Shooting Range Facility: A shooting range facility shall meet the following standards as well as all other standards applicable to a Special Use: (A. 98-108) (1) All outdoor shooting ranges shall be designed by a NRA Range Technical Team, in accordance with the standards established in the NRA document entitled "The Range Manual", unless modified by the Board of County Commissioners after a public hearing in which it was demonstrated that adequate safety measures have been taken by the applicant. (2) All shooting ranges will have sanitary facilities on site. (3) Any lighting used for a shooting range shall be oriented inward and downward. (4) No alcoholic beverages will be allowed on the shooting range site. 5.03.028 Accessory Structures (which includes a fence, hedge, or wall) – Agricultural Property: An accessory structure(s) exceeding the height restrictions set forth within Section 5.05.03(9) shall satisfy the following conditions: (1) Said Accessory Structure(s) is required to maintain the agricultural use contemplated or existing within the property; (2) Said Accessory Structure(s) does not in any manner adversely impact the operation of any adjacent public right-of-way or roads; (3) Said Accessory Structure(s) does not adversely impact the natural lighting or visual corridor of adjacent properties; and (4) Said Accessory Structure(s) shall not obstruct critical traffic areas along roadways. (Added 2004-02) 5.03.03 Studio for the Arts and Crafts: All activity must be conducted within a building and retail sales are limited to one-of-a-kind goods produced on the lot. 5.03.035 Riding Stable: (1) All horse riding shall be on the same property; a public right-of-way; other private property be permission; or publicly owned property subject to public land management agency authorization of trail use, if required. (2) No noise, dust, odors or sources of filth shall emanate from the property. (3) Any night lighting shall be hooded and directed inward to the property. (4)An indoor arena shall comply with all county building code requirements. (A. 94-148) 5.03.04 Aircraft Landing Strip: Such strip may not be in conflict with any reservation, regulation or requirements of the Federal Aviation Administration. 5.03.05 Airport, Utility: Such airport shall be approved by the Federal Aviation Administration. 5.03.06 Airport, Air Carrier: Such airport shall be approved by the Federal Aviation Administration. 5.03.065 Veterinary Clinic: (1) All kennel and stable facilities attached to a clinic shall comply with all standards of a kennel and riding stable. (A. 94-148) 5.03.07 Industrial Operations: Industrial Operations, including extraction, processing, fabrication, industrial support facilities, mineral waste disposal, storage, sanitary landfill, salvage yard, access routes and utility lines, shall be permitted, provided: (1) The applicant for a permit for industrial operations shall prepare and submit to the Planning Director ten (10) copies of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. One (1) copy of the impact statement shall be filed with the County Commissioners by the Planning Director. The impact statement shall address the following: (A) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water; (B) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; (C) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions; (D) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County; (E) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s); (F) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution (2) Permits may be granted for those uses with provisions that provide adequate mitigation for the following: (A) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; (B) The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissioners; (C) Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution. (A. 93-061) 5.03.08 Industrial Performance Standards: All industrial operations in the County shall comply with applicable County, State, and Federal regulations regulating water, air and noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards; (1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. (A. 93-061) (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located; (3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards; (4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision; (5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas :(A97- 112) (A) Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes; (A97-112) (B) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property; (A97-112) (C) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces; (A97-112) (D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: (A97-112) 1. The minimum lot size is five (5) acres and is not a platted subdivision. 2. The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. 3. All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. Screening may include berming, landscaping, sight obscuring fencing or a combination of any of these methods. 4. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon.-Fri. 5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. (E) Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. (A97-112) (F) Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property (A97-112) (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. 5.03.09 Uses Not Itemized: Upon application or on its own initiative, the County Commissioners may, by resolution, add to the uses listed for a Zoning District any other similar use which conforms to the conditions set forth in the following special findings: (1) Such use is appropriate to the physiographic and general environmental character of the District to which it is added; (2) Such use does not create any more hazards to or alteration of the natural environment than the minimum amount normally resulting from the other uses permitted in the District to which it is added; (3) Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or more traffic hazards than the minimum amount normally resulting from the other uses permitted in the district to which it is added; (4) Such use is compatible to the uses existing and permitted in the district to which it is added. In considering whether a use should be added to those uses listed for a zoning district, the Board's procedure shall be that of text amendment consideration, which may be combined, if the proposed use is to be conditional or special, with the conditional or special use permit procedure set forth herein. (A. 80-180) 5.03.10 Approval of Conditional and Special Uses: Uses listed as Conditional under the appropriate Zone District Regulation shall be permitted based on compliance with the requirements listed herein; where uses are listed as Special Uses, they shall be permitted only: (1) Based on compliance with all requirements listed herein, and; (2) Approval by the County Commissioners, which Board may impose additional restrictions on the lot area, floor area, coverage, setback and height of proposed uses or require additional off-street parking, screening fences and landscaping, or any other restriction or provision it deems necessary to protect the health, safety and welfare of the population and uses of the neighborhood or zone district as a condition of granting the special use. 5.03.11 Denial of Special Use: The County Commissioners may deny any request for special use based on the lack of physical separation in terms of distance from similar uses on the same or other lots, the impact on traffic volume and safety or on utilities or any impact of the special use which it deems injurious to the established character of the neighborhood or zone district in which such special use is proposed to be located. 5.03.12 Access Routes: All conditional uses and special uses must be provided with access routes of adequate design to accommodate traffic volume generated by the proposed use and to provide safe, convenient access for the use constructed in conjunction to the proposed use. The minimum design standards shall be the Garfield County Road Specifications. 5.03.13 Broadcasting Studio and/or Communication Facility: Such broadcasting studios and/or communication facility shall be approved by the Federal Communication Commission and the Federal Aviation Administration, where appropriate. (A. 84-78;97-60) In addition, the following standards will be used in the review application for a communication facility: 1. All facilities shall comply with the radio frequency emission requirements of the Federal Communications Commission and any facility in compliance cannot be denied. 2. The co-location of telecommunication facilities on one site is encouraged and the denial of a landowner/lessor of the co-location of a site shall be based on technical reasons, not on competitive interests. It is the County's policy to minimize the number of communication facilities by the encouragement of co-locating such facilities. 3. A freestanding telecommunication facility, including antennas, shall not exceed the maximum structure height in the applicable zone district unless an exception is approved by the Board based on the applicant demonstrating the following: (A97-60) (a) Use of existing land forms, vegetation and structures to aid in screening the facility from view or blending in with the surrounding built natural environment (b) Design, materials and colors of antennas and their support structures, shall be compatible with the surrounding environment, and monopole support structures shall taper from the base to the tip. (c) It is consistent with existing communication facilities on the same site. 5.03.14 Community Corrections Facility: In addition to the requirements in Section 5.03, all corrections facilities as defined in Section 2.02.156 and subject to the provisions of this zoning code shall demonstrate the following: (1) No corrections facility shall be located in an area that is predominately residential in character with 1/2 mile of the proposed facility. Predominately residential shall be defined as over fifty percent (50%) of the property in the area is classified as residential in the records of the County Assessor's Office. (2) Off-street parking shall be provided for each employee -- no less than 5 extra spaces. (3) No corrections facility will be located within 1/2 mile (500 feet) of any public or private school. (A97-60) 5.03.15 Kennel: (Amended 2001-05 & 2002-85) (1) All kennels shall be completely enclosed within a building that prevents any sounds from emanating from the property boundary in excess of the Residential Zone District standards contained in CRS § 25-12-103, with the exception of CRS § 25-12-103 (2) & (3), that no noise in excess of 55 db(A) from sunrise to sunset and 50 db(A) from sunset to sunrise will be allowed. Sunrise and sunset shall be based on the official time as determined by the Old Farmers Almanac charts of sunrise and sunset for the location of the kennel. A kennel may have dogs outdoors if the noise from the kennel does not exceed the noise standards cited previously and complies with other Garfield County regulations as provided in Section 1.07 of the Garfield County Zoning Resolution of 1978, as amended. (2) No dust, noise in excess of the Residential Zone District standards contained in CRS § 25-12-103, with the exception that no noise in excess of 55 db(A) from sunrise to sunset, and 50 db(A) from sunset to sunrise as defined above will be allowed, odors or source of filth shall emanate from the property. (3) An individual sewage disposal system capable of handling all feces and urine waste from the kennel or the feces and urine waste shall be stored in a sealed container, capable of being pumped to allow a commercial hauler to dispose of the feces and urine waste at an approved solid waste disposal site. (4) All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act, CRS § 30-20-100.5, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (5) No permanent disposal of any waste shall be permitted at a site. This does not include those wastes specifically excluded from the definition of a solid waste in CRS §30-20-100.5. (6) Special events that attract more than 25 participants shall be prohibited on a site, unless approved as a part of the original permit and the proposed special events are well defined as a part of the permitting process. (7) Animal and food wastes, bedding, debris and other organic wastes shall be disposed of so that vermin infestation, odors, disease hazards and nuisances are minimized. Such wastes shall be removed at least weekly, or more frequently, from the facility and hauled by commercial hauler to an approved solid waste disposal site. (8) No more than one (1) dog per acre of land on the property permitted for a kennel, with a maximum of 60 dogs on a single property. 5.03.16 Noise Barriers (This Section added under Resol #2004-108) 5.03.16.1 Incorporation by Reference Proposed Noise Barriers are subject to the administrative procedures applicable to Special Use Permits in Section 9.00 and the definitions in Sections 2.02.42 and 2.02.52 unless the requirements of those Sections are superceded by more specific regulations contained in this Section 5.03.16. 5.03.16.2 Administrative Applicability 1. Private land and County right-of-way. Noise Barriers proposed to be constructed exclusively on private property or on private property and County right-of-way, whether prescriptive or evidenced by a conveyance document, shall be subject to the provisions of Section 5.03.16.5, below, and applicable Road and Bridge Department permitting processes as described in County Resolution 2003-117. 2. Private Land and CDOT controlled right-of-way. Noise Barriers proposed to be constructed on private land and CDOT controlled right-of-way, with or without co-location on County right-of-way, are subject to a separate CDOT review process, as well as the Special Use Permit requirements contained in Section 5.03.16.5 below, and provisions of County Policy "Regarding Garfield County Serving as a Local Agency Applicant for CDOT Highway and Related Projects." Resolution # 2004-113. 3. CDOT controlled right-of-way. Noise Barriers proposed to be constructed exclusively on CDOT controlled right-of-way are not subject to the Special Use Permit review process contained in Section 5.03.16.5, but are subject to a public hearing before the BOCC, a separate CDOT review process, and the provisions of County Policy "Regarding Garfield County Serving as a Local Agency Applicant for CDOT Highway and Related Projects." Resolution # 2004-113. 5.03.16.3 Stand-Alone SUP 1. Existing Developments - Zone Districts. Noise Barriers that are an improvement to a parcel of land with existing development may be permitted as a Special Use, under the application and review process contained in this Section 5.03.16, in all previously permitted and existing Zone Districts, described in the text or otherwise mapped. 2. New Development Proposals. Where the Noise Barrier is submitted as a component of a new development proposal, it shall be reviewed as a stand alone request requiring a Special Use Permit. The Special Use Permit review may occur concurrently with a review of the development proposal. 5.03.16.4 Definitions The following definitions apply to this Section 5.03.16: 5.03.16.4(a) Ambient Noise The total of all noise independent of the projected noise from any new particular source or increase in existing sources of noise. Ambient noise includes both sustained background readings and existing fluctuations in noise levels. 5.03.16.4(b) BOCC Board of County Commissioners of Garfield County, Colorado 5.03.16.4(c) CDOT Colorado Department of Transportation 5.03.16.4(d) Decibel (dBa) The basic unit for measuring the difference of sound pressure levels from a sound event to a reference pressure. To approximate the range of frequencies of sound most audible to the human ear, an “A-weighting” factor is applied. Sound levels are usually reported in A-weighted decibels, abbreviated dab. 5.03.16.4(e) Hourly Equivalent Noise Level (Leq(h)) The equivalent steady state noise level that contains the same amount of acoustic energy as the time varying sound level over a one hour period 5.03.16.4(f) Local Agency Applicant Local Agency Applicant as defined by the Colorado Department of Transportation, is a local unit of government with land use authority, where that government elects to enter into a contractual relationship with CDOT through an Intergovernmental Agreement for a specific project. A Local Agency Applicant will only be involved in the permitting process where proposed noise barriers are constructed either entirely on a CDOT controlled right- of-way or where such barrier is partially on CDOT controlled right-of-way. 5.03.16.4(g) Noise Abatement A level of mitigation for noise impacts, typically defined as a reduction of decibels of either ambient noise or fluctuations of noise received by a recipient. 5.03.16.4(h) Noise Barrier A physical structure, or a combination of related structures, made of solid material, constructed between the source of existing or anticipated noise and noise sensitive recipients, constructed of sufficiently dense materials (four pounds per square foot minimum density) that will achieve a substantial noise reduction and noise abatement between the source of the noise and the targeted recipients of that noise. “Sound Walls” are considered the same as Noise Barriers. 5.03.16.4 (i) Noise Sensitive Recipients Inhabitants of an area targeted for the reduction of noise. 5.03.16.4(j) Substantial Noise Reduction A reduction in at least 5 dab for the majority of the targeted noise sensitive recipients of the project. 5.03.16.5 Applicant’s Application Submittals The applicant shall submit the following as an application for a Noise Barrier Special Use Permit, on forms provided by the Building and Planning Department, with the specified number of hard copies and one digital copy in a format acceptable to the Building and Planning Department, with all following materials contained therein, with the payment of the appropriate fee: 1. Narrative. A narrative describing the need for the Noise Barrier, based on existing and/or potential negative noise level impacts and predictable noise reduction for identified Noise Sensitive Recipients. 2.Vicinity Map. A vicinity map showing the location of the proposed Noise Barrier in relationship to surrounding roads/streets/highways and parcels or lots for a distance of one half mile, at a scale not less than one (1) inch equals two thousand (2,000) feet. 3.Site Plan. A site plan for the location of the Noise Barrier(s), in “plan view”, showing the subject property and all existing and proposed improvements at a scale of not less than one (1) inch equals two hundred (200) feet. The site specific plan shall include the location of the Noise Barrier; existing utility, irrigation, or other easements; improvements such as wells, dwelling units and fences; existing and proposed landscaping; and the property boundaries of parcels/lots directly affected by the Noise Barrier construction alternatives. 4.Environmental Analysis. An environmental analysis, in a report form chosen by the applicant, showing impacts and proposed mitigation as to: A. Wildlife migration patterns. B. Existing drainages and flood control. C. Existing trails, sidewalks and pathways. D. Emergency access and fire protection. E. Geological hazards. 5.Preliminary Design. A conceptual design plan showing all elevations, location, height, and construction materials proposed. Elevations shall be designed and shown using conventional architectural or engineering scales. The design plan shall identify mitigations for any geologic hazards, soil types, environmental issues and site drainage concerns that the project may encounter. 6.Noise Analysis Report. Probable noise reduction shall be based on a noise analysis conducted by a qualified individual or company. The report shall analyze each alternative proposed and demonstrate that the preferred proposed Noise Barrier achieves a Substantial Noise Reduction, as defined in Section 5.03.16.4(j) above. 7.Alternatives Analysis. Documentation that the applicant explored alternatives to the construction of a Noise Barrier, such as site planning, construction insulation, and buffering methods, and that a Noise Barrier is the only alternative to achieve a Substantial Noise Reduction. If more than one form of Noise Barrier has been considered, the applicant shall include each type in the Alternatives Analysis. For each alternative noise impact reduction devise/method, the applicant shall demonstrate: A. Probable noise abatement, through the Noise Analysis Report; and B. Potential impacts of each alternative to the following: Viewsheds, from the point of view of current neighboring uses, traffic, and the structures directly adjacent to the noise barrier; Sight distances, such as “visual triangulation”, to ensure adequate and safe access and egress points; Snow loading; Potential shading and icing of traffic lanes and adjacent parcels/lots Existing human trails and informal pathways Wildlife Corridors and mitigation measures C. Proposed height and mass, required or necessary to achieve the desired noise reduction, as mitigated for impact. D. Differences in on-going maintenance needs for the Noise Barriers and associated landscaping and structures. 8. Construction Plan. Containing a preliminary and estimated construction schedule and analyzing impact on traffic flows and local accesses. The construction plan shall show staging areas and include proof that construction easements or other types of permits needed for staging areas or other temporary uses can and will be made available. The Construction Plan shall also include preliminary analysis of mitigation measures for dust control, runoff, materials and soils storage, required temporary construction signage, and planned phases for reclamation. 9. Ownership and Liability. Documentation detailing: A. Proof of ownership of the real property underlying the Noise Barrier, and the property right allowing construction of the Noise Barrier on the subject property. B. Proof of ownership of the Noise Barrier as an improvement to real property, detailing identical or separate ownership of the subject property and the Noise Barrier. C. Property and liability insurance coverage amounts as currently held by the HOA for all property held in common by the Association, along with a statement that noise barrier improvements fully on private lands will be covered under that policy. D. Maintenance schedule for the Noise Barrier and associated landscaping and/or other structures, if included. The schedule shall include weed control, vegetation management and, as to the Noise Barrier itself, surface renewal and graffiti removal. E. Sources of funding for on-going maintenance. 10. Aesthetic Analysis. An aesthetic analysis in a report form chosen by the applicant, showing that the material or a proposed range of materials, of which the Noise Barrier is to be constructed is/are compatible with the overall character of the neighborhood and that the architectural design features minimize height and mass to the extent commensurate with anticipated designed noise reduction. 5.03.16.6 BOCC Review Standards Approval The BOCC shall approve a special use permit for a Noise Barrier only if: (1) the Noise Barrier is demonstrated to create a Substantial Noise Reduction, as defined in Section 5.03.16.4(j) above; and (2) is otherwise in compliance with the criteria included in this Section 5.03.16. The BOCC, as a condition of granting a Noise Barrier Special Use Permit, may impose additional restrictions on the height or mass of the proposed Noise Barrier; the quantity, type, mass and height of associated landscaping; or any other restriction it deems necessary to protect the existing uses and the health, safety and welfare of the population of the neighborhood or Zone District in which the Noise Barrier is proposed to be constructed. Denial The SUP may be denied on the basis of a lack of substantial noise reduction, availability of a less intrusive alternative, lack of mitigation to the impacts detailed in Section 5.03.16.5, above, inadequacy of representations made or insufficiencies of information provided in any or all aspects of the application, or inadequacy in the documentation or proof of ownership and insurance required by Section 5.03.16.5 (9), above. The BOCC may also deny a Noise Barrier Special Use Permit because of the proposed Noise Barrier’s impact on safety or any other impact that the BOCC deems injurious to the established character of the neighborhood or Zone District in which such is proposed to be located. 5.04 SUPPLEMENTARY LOT AREA REGULATIONS 5.04.01 Lot Slope Determinations: In determining lot slopes for use in establishing minimum lot area requirements and build able area, existing and proposed lots of less than two (2) acres shall be calculated on an individual lot basis. Contour intervals of five (5) feet or less shall be used to make this determination. For lots of two (2) or more acres in size and tracts of land proposed for other methods of development wherein creation of individual lots within said tract is not anticipated, the determination of lot slope shall be made utilizing available topographic maps. 5.04.02 Development Limitations Based on Lot Slope: (1) Lot Size Less Than 1 Acre: Land with original and undisturbed slope in excess of forty percent (40%) shall not be credited toward lot area in determining whether a lot meets the minimum lot area requirements set forth in the zone district regulations; however, a smaller building envelope may be approved by the Board, as a Special Use permit, after review. (2) Lot Size 1 Acre or Greater: Such lots shall have a minimum building envelope of 1 acre in an area that has less than forty percent (40%) slopes; however, a smaller building envelope may be approved by the Board after review of the following which shall be submitted by the applicant: (A) A soil land foundation investigation prepared by a registered, professional engineer. (B) A topographic survey with contour intervals of not more than two (2) feet. (C) A site grading and drainage plan prepared by a register, professional engineer. (D) A detailed plan of retaining walls or cuts, and fills in excess of five (5) feet. (E) A detailed revegetation plan. All of the above shall show the minimum building envelope size for each lot and shall provide evidence that all structures and facilities can be built within such building envelope area so as not to disturb any forty percent (40%) slope area. The following shall be conditions of any approval: (A) Foundations shall be designed by and bear the seal of a registered, professional engineer. (B) All final plans required to be submitted by a professional engineer shall be approved in their final form and shall bear the seal of such registered, professional engineer. (3) For all lots: Driveways, access ways and access easements within the development and on the property of developer shall have a maximum grade of fourteen percent (14%). (A. 94-046) 5.04.03 Lot Area Restrictions Based on Sewage Disposal Method to be Employed: (1) The following minimum standards shall apply and be used in conjunction with the Garfield County Individual Sewage Disposal System Regulations in all zone districts, and the following table shall be used to determine whether various types of disposal are allowable on various lot areas: TYPE OF DISPOSAL LOT AREA Less than 1-2 acres over 1 acre 2 acres Cesspool (FN1) no no no Anaerobic no (FN7) yes (FN4) yes Disposal On Lot (FN2) Aerobic no (FN7) yes (FN4) yes Treatment on Lot (FN3) Treatment Off yes yes yes Lot - Nondis- charging (FN5) Treatment Off yes yes yes Lot - Discharging(FN6) When all other means of disposal are deemed unacceptable, vaults, privies and chemical toilets may be allowable for temporary use or permanent use when approved by the Environmental Health Officer pursuant to the Garfield County Individual Sewage Disposal Systems Regulations and applicable provisions of State Law. FOOTNOTES: 1. Prohibited by state law. 2. Provided that septic tank and subsurface disposal or dispersal method meets the County Individual Sewage Disposal Systems Regulations and applicable state requirements. 3. Provided that aeration plant and disposal or dispersal method meets the County Individual Sewage Disposal Systems Regulations and applicable state requirements. 4. Provided that domestic water is supplied from approved central source. 5. State and County approved sewage treatment works with subsurface disposal. 6. State and County approved sewage treatment works discharging to ground surface or waters of the State. 7. Unless pre-existing single lot of record. (2) If, as a result of percolation tests or other evaluations by the environmental Health Officer, the use of septic tanks or other individual sewage treatment facilities for uses and at densities as provided under the appropriate Zone District Regulations would result in a danger to health on the subject or adjacent lots, the minimum lot areas may be increased and the number of uses permitted by right under the appropriate zone district may be decreased and the maximum floor area ratio may be reduced by the County Commissioners. (3) Where a nonconforming lot exists in respect to the limitations under paragraph (1) of this section, the lot shall be occupied only by such uses and floor area ratio as is determined following procedures outlined under paragraph (2). (4) Where connection to a central or community sewage collection and treatment system approved by the Environmental Health Officer and the Colorado Department of Health is proposed but not available until installation or expansion of such facilities is completed, no uses shall occupy the lot, including structures intended for occupancy, until such sewage collection and treatment services are available. 5.04.04 Lot Area Restrictions Based on Subdivision Regulations: In addition to the lot area requirements established in this Resolution, any lot area created subsequent to September 1, 1972, shall be either created in conformance with the Garfield County Subdivision Regulations or exempted therefrom by reason of definition or specific resolution by the County Commissioners. Any lot created subsequent to the above date and not meeting one (1) of the included requirements shall not be considered a legal lot for placement of a building or structure under these Resolutions. 5.04.05 Nonconforming Lots: Where a lot was held in separate ownership or was platted on a subdivision plat filed in the office of the County Clerk and Recorder prior to the adoption of the prior Garfield County Zoning Resolution enacted on November 27, 1973, and does not meet the minimum lot area requirements of the zone district in which the lot is located, such lot may be occupied by uses as provided under the appropriate Zone District Regulation and the floor area ratio for such nonconforming lot shall be determined following the standards included herein, provided that connection to a central sewage collection and treatment system approved by the Environmental Health Officer and the Colorado Department of Health is available. Where a septic tank or other individual sewage treatment facility is the only means of sewage disposal, the number of uses permitted by right under the appropriate Zone District Regulation may be decreased and the maximum permitted floor area ratio may be reduced by the County Commissioners if, as a result of percolation tests or other evaluations by the Environmental Health Officer, the use of septic tanks or other individual sewage treatment facilities for use and at densities as provided under the appropriate Zone District Regulation would result in a danger to health on the subject or adjacent lots. (A. 80-180) 5.04.06 Planned Unit Developments Established Under Repealed Regulations: Each Planned Unit Development district or subdivision legally approved under Zoning and Subdivision Regulations in effect at the time shall be identified on the appropriate zone district map and regulated under the terms and conditions, including the area and use of each lot, of its approval. 5.05 SUPPLEMENTARY SETBACK REGULATIONS 5.05.01 Arterial Streets: Front yard setback shall be observed for arterial streets as designated on the County Zone District Map. 5.05.02 Live Streams: A setback of thirty (30) feet measured horizontally from and perpendicular to the high water mark on each side of any live stream shall be protected as greenbelt and maintained in conformance with the definition thereof, with the exception of diversion facilities as an accessory to the approved use of the lot. 5.05.03 Yards: The following requirements shall be observed in all zone districts: (1) Through Lots: on lots extending from one (1) street to another paralleling street, both streets shall be considered as front streets for purposes of calculating front yard setbacks; (2) Corner Lots: on lots bordered on two (2) contiguous sides by streets, the required front yard setback shall be observed along both streets; (3) Two-family Dwellings: for purposes of setback calculations, a two-family dwelling shall be construed as one (1) building occupying one (1) lot; (4) Row House: for purposes of setback calculations, only those row houses which do not share a common wall with an adjacent row house need observe the required side yard setback for the district, provided that building code requirements for this type of structure are observed; (5) Partially Developed Frontages: on a vacant lot bordered on two (2) sides by previously constructed buildings which do not meet the required front yard setback for the district, the required front yard setback for the vacant lot shall be established as the averaged front yard setback of the two (2) adjacent buildings; where a vacant lot is bordered on only one (1) side by a previously constructed building which does not meet the required front yard setback for the district, the required front yard setback for the vacant lot shall be established as the averaged front yard setback of the adjacent building and the minimum front yard setback for the district; (6) Projections: every part of a required yard shall be unobstructed from ground level to the sky except for projections of architectural features as follows: cornices, sills and ornamental features - twelve (12) inches; roof eaves - eighteen (18) inches; uncovered porches, slabs and patios, walks, steps, fences, hedges and walls - no restriction; fire escapes and individual balconies not used as passageways may project eighteen (18) inches into any required side yard or four (4) feet into any required front or rear yard; (7) Accessory Building in Required Rear Yard: an accessory building may be located in a required rear yard provided that not more than forty percent (40%) of the rear yard area is covered. Such building shall observe a seven and one-half (7 1/2) foot setback from the rear lot line when there is not an adjacent alley. An adjacent alley shall observe a ten (10) foot setback from lot line; (8) Accessory Structure in Required Yards: (Except as provided in Section 5.05.03(9), “Accessory Structures – Agricultural Property”, which applies to the A/I, A/R/RD, RL (Gentle Slopes / Valley Floor), and DWC zone districts), a fence, hedge or wall may be located in any required yard provided that no such installation shall exceed eight (8) feet in height in a required side yard or rear yard, nor shall any such structure exceed three (3) feet in height in any required front yard. (Amend.2004-02) (9) Accessory Structures – Agricultural Property: a fence, hedge, or wall may be located in any required yard of the A/I, A/R/RD, RL (Gentle Slopes / Valley Floor), and DWC zone districts provided that no such installation shall exceed eight (8) feet in height and shall meet sight triangulation standards. A taller fence may be approved be the Board of County Commissioners by obtaining a Special Use Permit if shown to demonstrate that said structures comply with Section 5.03.028. For purposes of implementing this provision, the term “Agricultural Land” as set forth within C.R.S. § 39-1-102(1.6)(a)(IV). (Added 2004-02) 5.06 SUPPLEMENTARY BUILDING HEIGHT REGULATIONS 5.06.01 Building Height Exceptions: Parapet walls may exceed building height limitations by four (4) feet; stacks, vents, cooling towers, elevator cupolas, towers and similar noninhabitable building appurtenances shall be exempt from height limitations of this Resolution. 5.06.02 Communication Towers: Communication towers may exceed the building height limitations provided they are approved by Special or Conditional Use permit. (A. 84-78; 85-46) 5.07 GARFIELD COUNTY SIGN CODE 5.07.01 Intent: These regulations are established to safeguard the health, safety, morals, convenience, order and welfare of all residents of the County. It is the intent of these regulations to provide for the proper control of signs within the unincorporated areas of the County. It is recognized that signs are a necessary means of visual communication for the convenience of the public and also for the benefit of businesses. This code is intended to provide a reasonable balance between the right of the individual to identify his business, the right of the individual to utilize signs for other legitimate purposes, and the right of the public to be protected against visual discord and clutter resulting from the unrestricted proliferation of signs. This code is intended to aid in protecting the natural aesthetic character and scenic beauty of the area. It is further intended that the public be protected from signs that are structurally unsafe or obscure the vision of motorists or conflict with necessary traffic signs. Further, this code is intended to prevent unnecessary or excessive competition between signs in the County. (A. 82-66) 5.07.02 Scope: This code is enacted pursuant to Sections 30-28-101, 111, and 113, C.R.S. The provisions of this code shall apply to the display, construction, erection, alteration, use, maintenance and location of all signs within the unincorporated areas of the County. All signs displayed, constructed, erected or altered after the date of the adoption of this code shall be in conformance with the provisions of this code. All signs that are existing at the time of the adoption of this code shall not be altered or enlarged without being in conformance with this code. The Building Official is hereby authorized and directed to enforce the provisions of this code. (A. 82-66) 5.07.03 Definition: (1) Building Frontage. The horizontal linear dimensions of that side of a building which abuts a street, parking area, mall or other circulation area open to the general public. Where more than one (1) use occupies a building, each such use having a public entrance or main window display shall be considered to have its own building frontage, which shall be the front width of the portion of the building occupied by that use. (2) Sign. Any written or pictorial representation, form, emblem, flag, banner, figure or similar character which has all of the following characteristics: (A) Is a structure or part thereof; (B) Is written, printed, projected, painted or constructed or otherwise placed or displayed upon or designed into a building canopy, awning or vehicle; (C) Is designed to attract attention and used as a means of identification or advertisement. (3) Sign Area. The sign area shall be determined by measuring the sum area of the surface of each plane, regardless of the shape, within the outermost edge or border of the plane. The computation of freestanding letters not attached to a surface or plane shall be made by determining the area enclosed within the smallest geometric figure needed to completely encompass all of the letters, words, insignias or symbols. (4) Sign Face. The surface of a sign upon, against or through which the message is displayed or illustrated. (5) Signs, Structural types of. (A) Freestanding Sign. A sign that is supported by one (1) or more columns, uprights or poles extended from the ground or from an object on the ground or a sign that is erected on the ground. No part of the sign may be attached to a building (includes ground signs). (B) Projecting Sign. A sign attached to a building and extending in whole or in part fifteen (15) inches or more horizontally beyond the surface of the building to which the sign is attached. (C) Wall Sign. A sign displayed upon or against the wall of a building where the exposed face of the sign is in the plane parallel to the plane of the wall and extended not more than fifteen (15) inches from the face of the wall. (D) Suspended Sign. A sign suspended from the ceiling of an arcade, marquee or canopy. The minimum clearance between the underlying walkway and the bottom of any overhanging sign shall be ten (10) feet. (E) Portable Sign. Any sign not permanently attached to the ground or to any structure. (F) Roof Sign. Any sign erected upon, against or directly above a roof, but not extending above the peak of the roof. (G) Ground Sign. A type of freestanding sign which is erected on the ground and which contains no unrestricted space or open space between the ground and the top of the sign. (H) Temporary Sign. Any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a limited period of time only. (I) On-Premises Sign. Any sign directly pertaining to an existing permitted use on the property upon which said sign is located. (J) Off-Premises Sign. Any sign which contains a message unrelated to a business or profession conducted, or to a commodity, service or entertainment sold or offered upon the premises upon which such sign is located and pertaining to a permitted use. (6) Signs, Types of. (A) Business Sign. A sign which identifies and directs attention to the business, service or profession or activities conducted. (B) Construction Sign. A temporary sign identifying a subdivision, development or property improvement by builder, contractor or other person furnishing materials, labor or services to the premises. (C) Identification Sign: Identification signs include name plates, signs or symbols establishing the identity of a building; combination of name and street addresses; landmark or natural features; plaques that are an integral part of the structure. (D) Joint Identification Sign. A sign that serves a common or collective identification for two (2) or more businesses or industrial uses. (E) Real Estate Sign. A sign indicating the availability for sale, rent or lease of a specific lot or building. (F) Ideological Sign. A sign expressing philosophical concepts, including religious and political signs, etc. (A. 82-66) 5.07.04 Incorporation of the Uniform Sign Code: The Uniform Sign Code, 1979 Edition, of the International Conference of Building Officials, including all appendices, is hereby adopted by the County to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, quality of materials, construction, location, size, electrification and maintenance of all sign structures not located in a building. Section 303.3 of the Uniform Sign Code, 1979 Edition, is hereby deleted. (A. 82-66) 5.07.05 Permits: (1) It shall be unlawful to display, erect, relocate or alter any sign without first obtaining a sign permit from the Building Official, except as provided in subsection 5.07.06. (2) Once a sign permit has been issued, it shall be unlawful to change, modify or deviate from the terms or conditions of the approved permit without the consent of the Building Official. (3) The application for a sign permit shall be made by the owner or other persons having a legal interest in the property on which the sign is to be placed, or the authorized agent of the owner or other person(s) having a legal interest in the property. The application shall be made on forms provided by the Building Official and shall be signed by the applicant. Permit fees shall be established by the County Commissioners, as provided by resolution. (4) The owner of every freestanding sign or any sign which extends over any public way shall be required to furnish the Building Official annual evidence of insurance or bond coverage indemnifying the county from any liability incurred in the event of injury or damage resulting from the collision with or the fall or collapse of such sign by or onto persons or property within the public way. The amount of the required bond shall be determined by the County Commissioners. Such indemnification shall be required to be maintained in force as long as the sign extends over the public way. The owner of any sign extending over the right-of-way of a state highway shall provide the county with evidence from the State Highway Department that the sign meets all of the specifications of the State Highway Department. (A. 82-66) 5.07.06 Exemptions: The following shall be exempt from the permitting provisions of this code: (1) Government signs for local, state and federal agencies (includes "Neighborhood Watch" signs, etc.) (2) Official government notices posted by government officers in the performance of their duties. (3) Temporary decorations or displays which are clearly incidental to and are customarily associated with any national, local or religious holiday or celebration. (4) Temporary or permanent signs erected by a public utility company or construction company to warn of dangerous or hazardous conditions. (5) Names of building, dates of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent-type construction and made an integral part of the structure. (6) Painting, repairing or cleaning of an advertising structure or the changing of the advertising copy or message thereon shall not be considered an erection or alteration which requires a sign permit unless a structural change is made. (7) Real estate signs which do not exceed the maximum sign area per face, and meet other requirements for the appropriate zone district, shall not be required to have a permit. Other temporary signs meeting the requirements of these regulations shall not be required to have a permit. (8) Personal identification signs for places of residence, provided that there is a maximum of one (1) per residence and the sign does not exceed a maximum of two (2) square feet. (9) Political campaign signs, provided that they meet the provisions detailed under "Temporary Signs," Section 5.07.08. (10) Warning signs such as "No Trespassing," "Danger," "Do Not Enter," etc. (11) Any signs permanently affixed to a vehicle (i.e., advertisements painted on trucks, cars, etc.), except where vehicles are parked specifically for the purposes of advertising. (12) Signs over gas pumps which indicate gas prices, provided that such signs shall be limited to one (1) per pump island and shall be no larger than four (4) square feet per face, with a maximum of two (2) sign faces per pump island. (13) Works of fine art which in no way identify a product or business and which are not displayed in conjunction with a commercial enterprise, which enterprise may benefit or realize direct commercial gain from such display. (14) Ideological signs or signs of political or religious expression expressing the philosophical views of the owner shall be allowed without requiring a permit. These signs are subject to the requirements of Section 5.07.08(3) (A), (C) and (E). (15) Directional traffic signs which do not exceed four (4) square feet per face, which do not exceed six (6) feet in height above ground level and which do not carry any commercial messages or advertisements. (A. 82-66; 87-131) (16) Signs identifying a building as a place of religious assembly or as a religious institution, provided the sign is not more than 90 sq. ft. in a residential or agricultural zone or more than 150 sq. ft. in a commercial zone. Further the sign shall comply with Section 5.07.07(6). (Added 2004-08) 5.07.07 Prohibited Signs: (1) There shall be no signs or pictures of an obscene, indecent or immoral character such as will offend public morals or decency in accordance with constitutional standards. (2) There shall be no signs which imitate an official traffic sign or signal or which contain the words "stop," "slow" or other similar words. (3) There shall be no signs which are of a size, location, movement, content, coloring or manner of illumination which may be confused with or construed as a traffic-control device or which hide from view any traffic or street sign or signal or which obstruct the view in any direction at a street or road intersection. (4) There shall be no freestanding signs placed at the intersection of two (2) streets within the triangular area defined by a line extending from a point thirty (30) feet from the intersection of curb lines along one (1) street to a point thirty (30) feet from the intersection along the other curb line. (5) Freestanding signs shall maintain free air space between a height of forty-two (42) inches above any adjacent street elevation and a height of seventy-two (72) inches above said elevation. (6) There shall be no signs with visible moving, revolving or rotating parts, flashing or fluttering lights or other illuminating devices which have a changing brightness or intensity or color, or any mechanical movement or apparent movement achieved by electrical, electronic or mechanical means except for time-temperature-date signs. (7) Signs shall identify or advertise only interests conducted on the lot of the sign location unless the Board of Adjustment, upon request, determines that an off-site sign conforming to the district regulation in which the sign is located is necessary to promote the interests of the use to which it relates. (8) No sign shall be painted on rocks or other natural features or terrain. (9) Only one (1) permitted sign per lot shall be allowed, except in the P/A zone district where a wall sign will be allowed on the runway and public access sides of each building. (Amended 2001-05) (10) If the lot on which a building is located has multiple property frontage, then the sign limitation for that zone district shall be applied for each lineal foot of property frontage along the longest adjacent public right-of-way, plus an additional sign area of one-half (1/2) the zone district limitation for each additional lineal foot of property frontage along each separate, additional public right-of-way. (A. 82-66) 5.07.08 Temporary Signs: The following signs shall not require a permit if they meet the following conditions. If a larger sign is desired, a permit will be necessary. (1) Construction Sign. On building construction sites, one (1) sign shall be permitted for all participating building contractors, subcontractors, participating professional firms, participating lending institutions and property owners on the construction site, each such sign to be less than twenty (20) square feet in sign area or less. All such signs shall be removed no later than seven (7) days after the issuance of the Certificate of Occupancy for the project. (2) Real Estate Signs. One (1) real estate sign, in conformance with the requirements of Section 5.07.06(7) of these regulations, shall be permitted on the lot, under the same ownership, being offered for sale, rent or lease. The sign shall be removed not later than seven (7) days after the closing of the real estate conveyance. (3) Temporary Political Campaign Signs. Signs announcing candidates seeking public office with pertinent data, signs relating to ballot issues with pertinent data, etc., shall be allowed subject to the following limitations: (A) Political campaign signs in any residential district shall not exceed three (3) square feet per face or six (6) feet total. (B) The maximum sign area shall be ten (10) square feet for each sign face, or twenty (20) feet total, in commercially zoned areas. (C) Such signs shall be placed no closer than eight (8) feet from the nearest pavement edge. (D) All such signs shall be removed no later than seven (7) days after the election for which they are intended. (E) All political campaign signs not meeting these requirements shall be required to obtain a permit. (4) Garage Sale Signs. One (1) garage sale sign not exceeding six (6) square feet of sign area for all sign faces which is installed on the lot or series of contiguous lots under the same ownership on which the garage sale is located, which is installed not more than seven (7) days prior to the garage sale and which is removed not later than two (2) days after the garage sale. (5) Temporary Signs. Temporary signs announcing any public, charitable, educational or religious event or function may be installed for a period of not more than twenty-one (21) days prior to the event and removed not more than seven (7) days after the event, with a total sign area of not more than twenty (20) square feet to all sign faces. (A. 82-66; 87-131) 5.07.09 Zone District Setbacks and Allowable Signs: (Amend 2001-05, add P/A) (1) Allowable signs: The following list describes those signs allowed within the various zone districts, the structural types allowed and the maximum sizes and surface areas of each. As indicated previously, certain signs do not require a sign permit so long as they meet the conditions in Sections 5.07.06 and 5.07.08. Structural Types Maximum Maximum Sign Zone District of Signs Allowed Height Area Per Face Types of Signs Allowed R/G/SD and Freestanding 4' 30 square feet Construction R/G/UD (subdivision I.D. Identification signs only) NA 2.5 square feet Real Estate Temporary 4' 6 square feet C/G and Freestanding 30' 150 square feet Business C/L Wall NA 2 sq. ft. per lineal ft. Construction of bldg. frontage, not Identification to exceed 60 sq. ft. Jt. Identification Projecting NA Same as Above Real Estate Suspended NA Same as Above Roof Not to exceed Same as Above roof peak Temporary 10' 30 square feet R/L (Gentle Freestanding 20' 90 square feet Business slopes & Wall NA 2 sq. ft. per lineal ft. Construction lower of bldg. frontage, not Identification valley to exceed 30 sq. ft. Real Estate floor) Projecting NA Same as Above Suspended NA Same as Above Roof NA Same as Above Temporary 10' 30 square feet R/L Freestanding 15' 50 square feet Construction (Plateau) Wall NA 2 sq. ft. per lineal ft. Identification of bldg. frontage, not Real Estate to exceed 30 sq. ft. Projecting NA Same as Above Suspended NA Same as Above Roof NA Same as Above Temporary 5' 30 square feet R/L (Talus Slopes ONLY EXEMPTED SIGNS ALLOWED & Escarpment) O/S Freestanding 5' 30 square feet Identification Temporary 5' 30 square feet A/I and Freestanding 20' 90 square feet Business A/R/RD Wall NA 2 sq. ft. per lineal ft. Construction of bldg. frontage, not Identification to exceed 30 sq. ft. Real Estate Projecting NA Same as Above Suspended NA Same as Above Roof Not to exceed Same as Above roof peak Temporary 10' 30 square feet R/L/SD and Wall NA 2.5 square feet Construction R/L/UD Temporary 4' 6 square feet Identification Real Estate P/A Freestanding 30’ 150 square feet Business Wall NA Only projecting Construction Projecting NA 2 sq. ft. per lineal ft. Identification Of bldg. frontage, not Jt. Identification to exceed 180 sq. ft. Real Estate Suspended NA Not allowed Roof NA Not allowed Temporary Subject to Airport Mngr. approval and not to exceed 32 sq.ft. (2) Setbacks. All signs shall maintain a minimum setback of ten (10) feet from the street right-of-way line. (A. 82-66) 5.07.10 Planned Unit Development (PUD) and/or Industrial or Commercial Subdivision. Existing platted commercial or industrial planned unit developments (PUDs) or subdivisions shall be allowed one (1) freestanding sign per development, with one (1) additional identification sign for each business within the development. Sizes shall be compatible with those specified for the underlying County Zone District. That is, the PUD signage limitation shall be compatible to or more restrictive than the County Zone Districts, but shall not be broader in scope than the county requirements. All future developments of this type shall develop a sign code for their proposed uses, which must receive approval from the County Commissioners and which shall be recorded at the time of PUD/Zone Change designation. (A. 82-66) 5.07.11 Existing or Nonconforming Signs. Signs existing at the time of the effective date of this Resolution and not in compliance herewith shall be regarded as nonconforming signs which may continue for a period of eight (8) years from the earliest effective date of the substantive provisions or limitations with which the signs do not comply, if the signs are properly repaired and maintained and in conformance with the other regulations of the county. At the end of such eight (8) year period, the signs shall be removed. Nonconforming signs which are structurally altered, relocated or replaced shall comply immediately with all provisions of this sign code. (A. 82-66; 82-90) 5.07.12 Variance. A variance from the strict application of the provisions of this code may be granted by the County Board of Adjustment, in accordance with the following guidelines: (1) It is the policy of the county to encourage aesthetically pleasing signs without substantial interference with the business to which the sign relates. (2) Projecting signs should not substantially obscure any part of another sign relating to another use. (3) Excessively large or tall signs should be avoided to prevent visual obstruction of the natural scenery within the county. (4) Variances should not be granted which would allow any business use an unfair advertising advantage over any other business use. (5) If it is necessary or reasonable to grant a variance to the strict regulations of this chapter, the sign should be limited in size, height and location in conformance with the purpose of the sign. (A. 82-66) 5.07.13 Violations and Penalties. Any person, firm or corporation violating any of the provisions of this code shall be guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued or permitted, and upon conviction of any violation such persons shall be punishable by a fine of not more than one hundred dollars ($100.00) or by imprisonment for not more than ten (10) days or both such fine and imprisonment. (A. 82-66) 5.07.14 Severability. To the extent that certain parts of this Resolution are found to be unconstitutional, it shall not affect the validity of the remaining sections of this sign code resolution. (A. 82-66) 5.08 FISCAL IMPACT MITIGATION PROGRAM 5.08.01 Statement of Purpose and Authority The Board of County Commissioners for the County of Garfield, State of Colorado (hereinafter the "Board"), supports private activities, including extraction of natural resources, which result in the diversification of the economic base for the County. Economic development increases the local tax base, provides increased employment opportunities and diversifies the local economy. Through zoning and subdivision controls, the Board has attempted to require developers to pay a fair share of the public costs associated with development. Major Projects, because of their size, require that the Board set forth an express plan by which local government entities can deal with the impact of large scale development. Unless this is done, there may be an unacceptable deterioration in the quality of life for present and future residents of the County. The purpose of the fiscal impact mitigation program is to condition a land use permit to the sponsor of a Major Project so that the sponsor will participate, as necessary, in a mitigation plan to provide for the timely availability of adequate housing, community facilities and public services during the construction phase of a Major Project. In order to accomplish this, the Board has established a consistent review procedure by which the fiscal impacts on local governments in the impacted area can be determined. The program will be limited in time to that period between the start of construction and the time when construction is complete as specified in Section 5.08.07.10 herein. This is necessary since the Board recognizes that traditional sources of revenue must support the expenditure of funds by local government for the duration of the project. The County is a political and legal subdivision of the State of Colorado, and pursuant to the Constitution and laws of the State, is authorized to exercise land use authority over the unincorporated areas of the County (Section 30-28-102, C.R.S.). The purpose of zoning is to provide for the coordinated, adjusted and harmonious development of the county (Sec. 107), so that the health, safety, morals, convenience, order, prosperity or welfare of the present and future inhabitants of the state be increased (Sec. 115). In addition, Article 20, Title 29, C.R.S., is a broad grant of authority to local governments to plan for growth of the State. Specifically, Section 29-20-104, C.R.S., provides in pertinent part: Each local government within its respective jurisdiction has the authority to plan for and regulate the use of land by: (e) Regulating the location of activities and developments which may result in significant changes in population density; (f) Providing for phased development of services and facilities; (g) Regulating the use of land on the basis of the impact thereof on the community or surrounding area. It is the position of the Board that the welfare of the residents of the County is affected by the quality of life in adjacent impacted areas, and that the grant of authority from the state provides for planning for the effects of projects located inside the county but which affect areas outside of the county's boundaries. (A.82-318) 5.08.02 Definitions 5.08.02.01 BOARD: The Board of County Commissioners of Garfield County, State of Colorado. (A. 82-318) 5.08.02.02 EMPLOYEE: Any person employed by the Applicant and its construction contractors and subcontractors who is working on a Major Project in the County. (A. 82-318) 5.08.02.03 FISCAL IMPACT ANALYSIS: A projection of the direct and indirect public costs and revenues associated with the provision of public services and facilities by government entities in the impact area. (A. 82-318) 5.08.02.04 GOVERNMENT ENTITY: An organization authorized to levy ad valorem taxes in the State of Colorado. (A. 82-318) 5.08.02.05 IMPACT AREA: That geographical area which includes any government entity whose total population would be increased by fifteen percent (15%) or more as a result of a Major Project. The base year shall be the same as the year in which the Statement of Intent to Apply is filed. (A. 82-318) 5.08.02.06 LAND USE PERMIT: A land use permit, for purposes of this Subsection 5.08, shall refer to special and conditional use permits as otherwise defined in this Resolution. (A. 82-318) 5.08.02.07 LOCAL GOVERNMENT REVENUES: Revenues received by or available to a government entity such as ad valorem taxes, sales, use and severance taxes, service charges and fees, licenses, permits and grants and inter-governmental assistance programs. (A. 82-318) 5.08.02.08 MAJOR PROJECT: A project located in the County which will employ at any one (1) time a total work force of two hundred (200) or more employees in the County. (A. 82-318) 5.08.02.09 TOTAL WORK FORCE: Total number of employees on the Major Project at any one time. (A. 82-318) 5.08.03 Program Compliance Requirement All applicants seeking land use permits for Major Projects are subject to the requirements of the County Fiscal Impact Mitigation Program. In addition to any other requirements of this Resolution, applicants for Major Project permits shall prepare and submit the following to the Board, unless granted an exemption from any or all such requirements by the Board: (1) A statement of intent to apply; (2) A pre-application notice; (3) A review fee; (4) A Fiscal Impact Analysis; (5) A Fiscal Impact Mitigation Program; (6) Housing and Fiscal Impact Mitigation monitoring reports following issuance of land use permits. (A. 82-318) 5.08.04 Pre-Application Administrative Procedures 5.08.04.01 Statement of Intent to Apply The applicant for a Major Project shall file with the Board a Statement of Intent to apply for land use permits outlining the substance of the requested permits, the proposed scope of study of the fiscal impact analysis, the timetable for the fiscal impact study and any request for exemption from any requirements of the pre-application procedures. (A. 82-318) 5.08.04.02 Exemptions from Pre-Application Procedures (1) Any applicant of a Major Project who has elected to coordinate notice of acquisition of project permits through the Colorado Joint Review Process and who has taken steps so that impacted government entities have been notified of such election in advance of the public meetings held as part of the review process may apply for an exemption to the pre-application procedures. (2) Any applicant of a Major Project for which a federal environmental impact statement must be prepared, and who has taken steps so that impacted government entities are given adequate notice of the scoping meetings held with respect to such impact statement, may apply for an exemption to the pre-application procedures. (3) The Board will review and act upon the request for exemption from any or all provisions of the pre-application procedures within fifteen (15) working days of receipt of a complete and adequate Statement of Intent to Apply and request for exemption from the pre-application procedures. (A. 82-318) 5.08.04.03 Pre-Application Notice A Pre-Application Notice for a permit shall be filed with the Board and shall contain the applicant's proposal including the following information: (1) The name and address of the applicant and, if the applicant is a partnership, association or corporation, the names, titles and addresses of the persons to be contacted regarding the Major Project; (2) Specific description of the nature and location of the Major Project; (3) Estimated time of commencement of construction, construction time and overall development schedule; (4) Estimated number of employees of the applicant, and contractors and subcontractors of the applicant, during the construction phases and during the operating life of the Major Project. Estimates may include the number of employees who do not currently reside within the impact area of the Major Project; (5) Identify the government entities and other taxing authorities within the potential impact area; (6) Principal sizing, scheduling, location or other alternatives that the applicant may pursue in the construction, development and operation of the Major Project; and (7) A list of studies, which the applicant intends to submit on the housing and fiscal impacts of the Major Project. (A. 82-318) 5.08.04.04 Pre-Application Referral and Public Notice Not more than fifteen (15) working days following receipt of a Pre-Application Notice for a permit, the Board shall: (1) Notify the governing bodies of government entities which will be within the impact area and affected by the proposed Major Project; (2) Transmit a copy of the Pre-Application Notice to the affected government entities; (3) Cause a summary of the Pre-Application Notice to be published in a newspaper of general circulation within the county; (4) File copies of the Pre-Application Notice with the county clerk and recorder; and (5) Notify the applicant of the direct costs associated with the notification and publication of the Pre-Application Notice. Such costs shall be paid by the applicant within thirty (30) days of billing. (A. 82-318) 5.08.04.05 Pre-Application Meeting The Board shall conduct a public informational meeting in the county no later than ninety (90) days after receipt of the Pre-Application Notice. Any person may participate in the meeting, to the extent deemed reasonable and relevant by the Board. Such meeting shall be conducted in order to accomplish the following purposes: (1) To provide information about the proposed facility and its potential impact area; (2) To receive the concerns of the public and each government entity regarding the potential impact of the proposed Major Project; and (3) To determine the nature and extent of exemptions from any provisions of this program that may be granted to the applicant. (A. 82-318) 5.08.04.06 Pre-Application Report As soon as practical, but in any case within thirty (30) days after the conclusion of the pre-application meeting required by this section, the Board shall prepare and make public a report on the Pre-Application Notice and meeting. The report shall include: (1) A summary of public and government entities comments; (2) The applicant's proposed scope, approach and schedule for the Fiscal Impact Analysis; and (3) A grant of exemptions, if any, from any provisions of the Fiscal Impact Analysis and Fiscal Impact Mitigation Program procedures. (A. 82-318) 5.08.05 Fiscal Impact Analysis Requirements Prior to submitting an application for a land use permit, any applicant for a Major Project shall prepare a Fiscal Impact Analysis. (A. 82-318) 5.08.05.01 Scope of Activities Before the applicant commences the Fiscal Impact Analysis, the applicant shall consult with the Board regarding: (1) the scope of the Fiscal Impact Analysis, based on the subjects listed below; (2) the schedule for the study upon which the Fiscal Impact Analysis will be based; and (3) a schedule for periodic reports to the Board concerning the study. The following subjects shall be included in the study at a minimum: (1) The location and purpose of the Major Project; (2) Estimated construction schedule; (3) Number of employees for construction and operating work force; (4) Direct and indirect tax bases and revenues associated with the project; (5) Demonstration of consistency with local land use plans; (6) Total direct and indirect population associated with the project, including the rate, distribution and demographic characteristics of the population change; (7) The direct and indirect effects of construction and operation of the Major Project within the impact area, including but not limited to the following: (A) Economic base; (B) County services; (C) Housing; (D) Transportation; (E) Sewer and water facilities; (F) Solid waste facilities; (G) Public safety and fire protection; (H) Educational facilities; (I) Health services and hospital facilities; (J) Recreation facilities; and (K) The fiscal impacts of the Major Project on public facilities and services of each government entity in the impact area; (8) Definition of impact areas: (A) A list of each government entity in the impact area; and (B) The basis for inclusion or exclusion of each government entity in the impact area. (9) Any other items the Board or the applicant may deem appropriate for inclusion in the Fiscal Impact Analysis. (A. 82-318) 5.08.05.02 Review Fee The Board will provide the applicant with an estimate of the fee required to reimburse the county for the cost of investigating, reviewing, processing and serving notice of the Fiscal Impact Analysis. Payment of the review fee shall be on a reimbursement basis. The applicant shall pay all invoices within thirty (30) days of billing, but may pay under protest pending the results of an independent audit requested and paid for by the applicant. Time and expenses of the county shall be reimbursable. No Fiscal Impact Analysis review fee shall exceed fifteen thousand dollars ($15,000.00) in total. No portion of the fee may be used for litigation. (A. 82-318) 5.08.05.03 Advisory Committees The Board may appoint one (1) or more committees at the request of local government entities to assist in the Board's review of the Fiscal Impact Analysis and to make suggestions concerning the Fiscal Impact Mitigation Program. The Committees may be composed of representatives of government entities in the impact area. The committees may be reimbursed, within the limits of the review fee, for any necessary expenses in the reasonable conduct of the evaluations. The Board shall approve expenses before they are incurred following consultation with the applicant. If requested by a government entity, the Board may provide technical assistance to the government entity in evaluating the Fiscal Impact Analysis. Any report of an advisory committee shall be submitted to the County Planning Commission and the Board. (A. 82-318) 5.08.06 Review of the Fiscal Impact Analysis 5.08.06.01 Referral and Public Notice Upon receipt of a complete Fiscal Impact Analysis for a Major Project, the Board shall: (1) Transmit within ten (10) working days a copy of the Fiscal Impact Analysis to each government entity within the impact area; (2) Publish within fifteen (15) working days a notice of receipt of the Fiscal Impact Analysis at least one (1) time in a newspaper of general circulation in the county, and utilize any other means of notifying the public that the Board may deem necessary. (3) Make copies of the Fiscal Impact Analysis available for inspection by members of the public; and (4) Refer the Fiscal Impact Analysis to the County Planning Commission for evaluation and recommendation. (A. 82-318) 5.08.06.02 Public Comment Not less than twenty-one (21) days before the hearing described in Section 5.08.06.03 below, any person or government entity may submit written comments to the Board concerning: (1) The adequacy of the Fiscal Impact Analysis. If the person or government entity shall be of the opinion that the Fiscal Impact Analysis is inadequate, it shall state in writing what additional information is needed for an adequate analysis; (2) Any variance or incongruity with government entity policy, if applicable; and (3) Written comments shall be made available to all parties who request copies prior to the public hearing. (A. 82-318) 5.08.06.03 Public Hearing Within seventy-five (75), and not less than forty-five (45), days after receiving the Fiscal Impact Analysis, the Board shall hold a public hearing to consider the adequacy of the Fiscal Impact Analysis. Notice of the hearing shall be published at least one (1) time in a newspaper of general circulation, and the date of publication shall be at least fifteen (15) days before the date of the hearing. The Board shall state the basis for its decision in writing within thirty (30) days of the conclusion of the public hearing with a specific description of any inadequacies that must be corrected. (A. 82-318) 5.08.07 Fiscal Impact Mitigation Program 5.08.07.01 Approval of the Fiscal Impact Mitigation Program The Board shall condition any land use permits issued for a Major Project upon approval of a fiscal Impact Mitigation Program based on the following criteria. The Board approval of the Fiscal Impact Mitigation Program shall take place concurrently with the approval of any land use permits for the Major Project. (A. 82-318) 5.08.07.02 Provisions of the Fiscal Impact Mitigation Program The applicant shall address the impacts identified in the Fiscal Impact Analysis prepared pursuant to Section 5.08.06 in a mitigation program. The applicant's Fiscal Impact Mitigation Program shall include measures to provide that: (1) Housing is available for the employees of the Major Project; (2) Additional public services and facilities including operating costs necessary to mitigate impacts of the Major Project will be provided or available or additional revenues provided or available to each government entity sufficient to mitigate impacts of the Major Project or the impacts created by the employees of the Major Project and their households; and (3) Any capital costs of construction of new or expanded public facilities necessary for each government entity to provide service required by the Major Project or by the employees of the Major Project and their households are available. (A. 82-318) 5.08.07.03 Delay or Abandonment of the Major Project The applicant shall prepare a plan to mitigate the fiscal impacts on each government entity resulting from delay or abandonment of the Major Project after any land use permits are issued by the county. (A. 82-318) 5.08.07.04 Joint Mitigation Programs To the extent that two (2) or more Major Projects have concurrent construction periods, the Fiscal Impact Mitigation Program may provide for joint mitigation efforts with another Major Project. The Fiscal Impact Mitigation Program may also recognize the effects of other concurrent or preceding mitigation programs on the need for new and expanded public services and facilities. (A. 82-318) 5.08.07.05 Reimbursement for Impact Mitigation Activities To the extent that the Fiscal Impact Mitigation Program may result in a greater increase in the capacity of community facilities and public services than necessary to accommodate the direct impacts of the project, the Board may develop requirements that future Major Projects reimburse the applicant for excess capacity available to the future Major Project. (A. 82-318) 5.08.07.06 Financing of Public Improvements The Fiscal Impact Mitigation Program may provide for the use of grants, loans, loan guarantees, bond guarantees, industrial revenue bonds, a build-and-lease approach, or any other financing mechanisms or combination of mechanisms which are appropriate for the specific facility or service. (A. 82-318) 5.08.07.07 Tax Incentives Government entities and the applicant may enter into appropriate agreements providing for prepayments of property taxes pursuant to Article 1.5 of Title 39, C.R.S., severance tax credits pursuant to Section 39-29-107.5, C.R.S. or other incentives enacted at the state or local level. Government entities may also enter into intergovernmental agreements necessary to implement the Fiscal Impact Mitigation Program. (A. 82-318) 5.08.07.08 Local Government Participation The Board recognizes that effective and workable mitigation programs require the full and cooperative efforts of both industry and local government. In this regard the Board may actively participate and encourage other affected jurisdictions to participate and cooperate in implementing recommended mitigation programs when appropriate, especially where such programs call for specific actions to be taken by such affected jurisdictions. (A. 82-318) 5.08.07.09 Phasing of the Fiscal Impact Mitigation Program To the extent that the project involves phases of construction over time, the Fiscal Impact Mitigation Program may also be phased so that the timing of program by the applicant and other elements of the program for mitigation impact shall correspond to the phases of construction activity. If such program is phased and a governmental entity's costs change, the program shall be changed by a proportional amount. (A. 82-318) 5.08.07.10 Program Expiration The Impact Mitigation Program shall be deemed to satisfy the housing and fiscal impact mitigation conditions of the land use permits issued for the Major Project when the construction of the Major Project is complete. This requirement of impact mitigation shall be deemed complete as of the last day of the calendar year in which construction is finished. Also, the applicant shall have the right to demonstrate to the Board that local government revenues from the project exceed the applicant's costs of the Fiscal Impact Mitigation Program prior to completion of construction. (A. 82-318) 5.08.08 Fiscal Impact Mitigation Program Compliance 5.08.08.01 Annual Fiscal Impact Mitigation Program Reporting The Major Project sponsor shall annually report to the Board on the provision and availability of additional public services and facilities or revenues to each government entity as required by the Impact Mitigation Program approved by the Board. (A. 82-318) 5.08.08.02 Monitoring As a condition of the land use permits, the project sponsor shall be required to develop and implement an ongoing housing and employment monitoring system. If the total work force significantly exceeds the employment force which was projected at the time of permit issuance, the Major Project sponsor shall be required to notify the Board of the effects of the increased work force on the approved mitigation program, any additional measures needed to accommodate the work force, and any additional steps the sponsor shall take to mitigate the fiscal or housing impacts in the impact area. (A. 82-318) 5.08.08.03 Fiscal Impact Mitigation Program Adjustment Upon a ten percent (10%) or greater variance in average total work force from what was projected at the time of permit issuance, the Board may adjust the Impact Mitigation Program in proportion to the difference in projected to actual work force. At the time of issuance of the decision on the land use permit, the Board shall determine whether the variance will be calculated on the basis of quarterly, semi-annual or annual work force projections. (A. 82-318) 5.08.09 Supplemental Major Project Land Use Application Requirements 5.08.09.01 Submittal Requirements (1) The applicant shall file copies of the application with the Board, the number to be determined by the Board. (2) Maps, charts or other documents which are bound in the application shall be cut or folded to eight and one-half (8 1/2) by eleven (11) inch size. Maps, drawings or charts may accompany an application as separate exhibits. (3) The application shall be signed by a managing partner, the proprietor or a responsible executive. (4) As part of the application, the applicant shall submit an objective summary of the entire application, not to exceed thirty (30) pages in length. (5) Whenever this program requires information concerning the Major Project to be submitted to the Board and the applicant is required to submit the same or similar information to another governmental agency having jurisdiction, the applicant may submit such information to the Board in the same format that such information is or will be submitted to such other agency or jurisdiction. (6) The application shall contain the following information with respect to both the construction period and on-line life of the proposed facility: (A) The application shall state the name, title, telephone number and post office address of the person to whom communication in regard to the application shall be made. (B) Copies of the Fiscal Impact Analysis. (C) The proposed Fiscal Impact Mitigation Program. (A. 82-318) 5.08.09.02 Applicability Upon agreement between the applicant and the Board, any pending land use application for a Major Project shall be subject to the provisions of these regulations. All time limits in this Section 5.08 are in addition to any other provided for in this Zoning Resolution. (A. 82-318) 5.08.10 Major Project Land Use Permit Decision Within thirty (30) days after the conclusion of the public hearings on the land use permit, the Board shall make findings upon all issues raised during the review and hearing process and render its decision, either granting or denying a land use permit based upon the application as filed, or granting it upon such terms, conditions or modifications as the Board may deem appropriate. (A. 82-318) 5.08.11 Enforcement The above mitigation program as outlined in Section 5.08.07 shall be a condition of the issuance of the land use permit for the project. Upon being advised of an alleged violation of any condition of any permit issued by or on behalf of the Board, the Board may direct the county staff to investigate the alleged violation and prepare a written report for the Board and the permittee. If the report indicates that a violation is probable, the Board may establish a time for consideration of the alleged violation, upon not less than ten (10) days' notice to the party engaging in the activity under such permit, at which hearing the Board may consider whether a violation of the conditions of the permit has occurred. The major project permittee shall have the right of discovery in accordance with Colorado Rules of Civil Procedure in such proceedings, and to present information and respond to allegations. After the hearing, if the Board determines that a violation has occurred, the Board may suspend the permit until such violation is corrected or measures taken to prevent a recurrence of the violation, or if the violation is determined to be continuing or likely to recur and to endanger the safety or welfare of the residents or property of residents in the county, the Board may terminate the subject permit. (A. 82-318) 5.09 AFFORDABLE HOUSING REGULATIONS 5.09.01 Findings of the Supplementary Regulations It is essential and necessary for the preservation and for the maintenance of the health, welfare, safety, and quality of life in Garfield County to ensure the provision of affordable housing, which mitigates the impact of new development. Recognizing that new development generates additional employment needs, and being consistent with a desire to have new development mitigate impacts attributable to such development, the County finds it necessary to require new development to provide affordable housing. Housing must be affordable to the local labor force in order for the local economy to remain stable and to grow in a healthy manner. 5.09.02 Purpose (2001-44) The purpose of this Section is to implement through regulation the Housing Goals, Objectives, Policies, and Programs of the Garfield County Comprehensive Plan for Study Area One including the following statement: "To provide all types of housing that ensures current and future residents equitable housing opportunities which are designed to provide safe, efficient residential structures that are compatible with and that protect the natural environment”. The Garfield County land use review process will consider the housing needs of all economic segments of the community, and will assure that the impacts of new development will be mitigated, to the extent feasible, to assure an adequate affordable housing supply in the County. While the County recognizes that affordable housing is most desirable in or adjacent to towns, new developments throughout the unincorporated county are creating demands for workers in construction, maintenance, services, and retail sales. 5.09.03 General This Section applies to all re-zone applications for an increase in residential zoning density in the Garfield County Comprehensive Plan’s Study Area I. 5.09.04 Definitions For the purpose of this section of the Zoning Resolution, affordable housing is defined as resident-occupied housing units, the sale or rental of which units have been limited to specific segments of the market with permanent affordability insured through appreciation rates controlled by deed restriction or another legally-binding mechanism approved by the Board of County Commissions. For the purpose of this section of the Zoning Resolution, unit is defined as a building used for residential occupancy which meets current County Building Code, not classified as a mobile home, and which contains one (1) complete kitchen, at least one (1) complete bathroom, at least one (1) living area, and from one (1) to six (6) bedrooms which is to be occupied by a single family living independently of any other family. (1) Eligibility - Affordable housing units will be made available to full-time residents and/or employees in Garfield County who have a cumulative net worth, minus qualified retirement assets, not in excess of $100,000.00 and who satisfy the income criteria set forth in the Garfield County Affordable Housing Guidelines. A full time resident is one who will live at least ten months a year in the affordable unit. A full time employee is one who works or will work at least 32 hours per week for a Garfield County based employment source. A person who has been recruited to work for a Garfield County based employment source must produce evidence of an offer of future employment. Priority will be given to Garfield County employees. (2) Resale - Resale of affordable housing units will not exceed the purchase price plus, the value of capital improvements authorized by the Housing Authority, and the annual percentage increase in the annual Denver/ Boulder Urban Wage Earners CPI or 3%, whichever is less. Affordable housing units will have a deed restriction carried with the title, which will regulate future sales based on residency/employment requirements, asset limitations, and appreciation rates. (3) Management - Ongoing management of the deed restrictions will be administered by the Garfield County Housing Authority, or by appointment of another approved housing agency, if the Authority is no longer able to provide such services, according to an agreement brought forward by the applicant and approved by the County Commission. That agreement will also stipulate the means of determining the allocation of units, any proposed fees to fund the management agreement, and any other necessary terms. The agreement will be adopted as part of the preliminary plan. The County will maintain a list of approved housing agencies in the Planning Director's office. 5.09.05 Requirements In order to fulfill the goals of the Comprehensive Plan while directing growth into the areas designated in that plan, requirements will be based on Proposed Land Use Districts from the Comprehensive Plan. 5.09.05.01 For Lands Designated High Density Residential: (1) Re-zones - All re-zone proposals for an increase in residential zoning density must provide that at least 10% of the units build able under the original maximum density to the total number of approved units must be affordable housing units. (2) Off-site - Given that these lands have been planned for two or less acres per dwelling unit, these are the locations most suited for affordable housing units. Off-site proposals will only be approved by the County Commissioners if the applicant can demonstrate circumstances that would justify an off-site option. In any event, the applicant must show that the affordable housing units meet the requirements of these regulations and the Garfield County Affordable Housing Guidelines, and that these housing units will actually be built in Study Area I. No cash-in-lieu payment will be accepted. 5.09.05.02 For Lands With Any Land Use Designation Other Than High Density Residential: (1) Re-zones - All re-zone proposals for an increase in residential zoning density must provide that at least 10% of the units build able under the original maximum density be affordable housing units; and that at least 20% of the units build able as a result of the increase in density from the original maximum density to the total number of approved units must be affordable housing units. (2) Off-site - Given that these lands have been planned for low density, these are not always the best locations for affordable housing units. At the applicant’s request, Garfield County will consider off-site affordable housing units. The applicant must show that the affordable housing units meet the requirements of these regulations and the Garfield County Affordable Housing Guidelines, and that these housing units will actually be built in study Area I. No cash in lieu payment will be accepted. (3) Standards - In accordance with the above stated policy, if the applicant proposed to utilized off-site affordable housing, all proposals for the location of off-site affordable housing units shall, at the time of Preliminary Plan, be required to demonstrate to the satisfaction of Garfield County that: (a) the proposed off-site affordable housing units are located at a site which is within the boundaries of an incorporated town or municipality which is: (i) serviced by publicly owned and publicly maintained water, sewer, and utility infrastructure; and (ii) situated in close proximity, or offer the opportunity for public transit to, the commercial, retail, or business centers of said town or municipality. (b) if the applicant proposes to utilize off-site affordable housing and demonstrates that such housing cannot be located within a municipality or town, then the following shall apply: (i) be located within a zone district allowing greater densities and a greater variety of housing types, which densities and housing types shall be consistent with the location, the construction, and the maintenance of affordable housing units, when compared to the land which is the subject of the requested Re-zoning or PUD; and (ii) be on the whole located substantially closer in proximity to the following categories of facilities and amenities, when compared to the project parcel: public schools; commercial or retail centers; community or public recreational parks and activities; hospital and health care facilities; professional services; and public services, including fire, police, and emergency services; (iii) be serviced by centralized domestic water and sewer systems at a cost which Garfield County shall determine is consistent with the definition of affordability herein; and (iv) not be subject to any special assessments or charges for the upkeep of community facilities or amenities which Garfield County determines is inconsistent with the definition of affordability herein. (c) the applicant proposing off-site affordable housing units must submit, with the Preliminary Plan application to subdivide, evidence that the developer has: (i) completed all preliminary site design and planning; (ii) submitted for preliminary plan review the development design proposal; and (iii)provided all forms of deed restrictions on both the lots and their units. (d) At the time of Preliminary Plan, and consistent with the provisions set forth in Sections 4.07.15.03 and 5.09.05.03, all proposals for the location and the construction of off-site affordable housing units shall contain a method or a procedure acceptable to the County to ensure that the proposed off-site affordable housing units are available for sale pro rata with the sale of the lots contained within the project parcel. Said proportion of affordable housing units to the project parcel units shall be determined in accordance with the formulas set forth in Section 4.07.15.01 and 5.09.05.01. 5.09.05.03 Computation of Required Affordable Housing Units and Mix of Housing Units: (1) Determination of Number of Units - To comply with the requirement to provide the above percentages of affordable housing units, the applicant shall multiply the number of affordable housing units required by 2.6 (the average number of persons in a household) and divide the result by 1.5 (the U. S. Department of Housing and Urban Development criteria of number of persons per bedroom). The figure derived from this formula shall be the minimum number of bedrooms, which the applicant must build in affordable housing units. The mix of affordable housing types will be decided by the applicant. Any proposal for an affordable housing unit with more than 3 bedrooms may be approved, but only after a special review to determine a need. (2) Determination of the Mix of Units - The mix of affordable housing units for purchase shall average a price affordable to households at 80% of the Area Median Income (AMI), as determined by the U.S. Department of Housing and Urban Development (HUD) and published annually. The affordable price will be calculated based on principal, interest, taxes, insurance, and homeowner association dues not to exceed 33% of gross household income. The calculation will assume a 95% loan-to-value, 30-year mortgage at prevailing interest rates. The average may be achieved by providing housing units affordable to households between 81% and 120% of the AMI in combination with units affordable to households between 60% and 80% percent of the AMI. Any fractional affordable housing units created by the above formulas will be rounded up to the next highest number. The applicant, at the time of submittal, must present for review the proposed location of the affordable housing units, the proposed mix to satisfy the above formulas, all documents necessary to comply with this regulation, the Garfield County Affordable Housing Guidelines, and a proposed schedule of when the affordable housing units will be constructed and completed in relation to the entire project. It is the intent of these regulations that affordable housing units for sale are built and available for sale at the same time that the other houses are available for sale. The county may require of the applicant security in a reasonable amount to insure that the affordable housing units are constructed or some other requirement such as issuing building permits for ten free market houses only after the issuance of a building permit for one affordable housing unit. The applicant must satisfactorily demonstrate that she/he understands and will comply with these regulations and the Garfield County Affordable Housing Guidelines. 5.10 GARFIELD COUNTY AFFORDABLE HOUSING GUIDELINES 5.10.01 Purchasing, or Selling Affordable Housing Units - Qualifications to Rent or to Purchase Affordable Housing Units (1) Qualification Criteria To qualify for and be eligible to rent or purchase an affordable housing unit, a person must meet the following criteria: (a) employed full time or reside full time in Garfield County, or have an offer of future employment from a Garfield County based employer; a person is employed full time if the person works or will work at least 32 hours per week for a Garfield County based employment source; a full time resident is a person who lives in Garfield County ten months or more out of each year and will occupy the affordable house ten months or more out of each year; priority will be given to employees or future employees of a Garfield County based employer, which is an employer or business having a business office, store or facility located in Garfield County at which the employee reports to work or from which the employee is compensated, whether or not the work is performed in Garfield County. (b) occupy the unit as a primary residence upon purchase or rental of the unit; and (c) have a current household net worth, minus qualified retirement assets, not in excess of $100,000.00; if a person owns real estate, the value of the real estate will be based on the current market value minus the loan amount balance; only those persons earning 80% or less of the Area Median Income [AMI], as determined by the U.S. Department of Housing and Urban development and published annually, may qualify to purchase a house which has been priced based on 60% to 80% of AMI; those persons earning between greater than 80% and 120% of AMI may only qualify to purchase those affordable housing units which have been priced based on greater than 80% to 120% of AMI; those persons earning between greater than 120% and up to 165% of AMI may only qualify to purchase those affordable housing units which have been priced based on greater than 120% to 165% of AMI; income includes but is not limited to salaries, wages, commissions, severance pay, royalties, rents, trust income, annuities, capital gains, pensions, retirement benefits, payments received as an independent contractor for labor or services, bonuses, tips, overtime pay, dividends, gambling proceeds, moneys drawn by a self-employed individual for personal use, social security benefits, worker's compensation benefits, unemployment insurance benefits, disability insurance benefits, funds payable from any health, accident, or casualty insurance to the extent that such insurance replaces wages or provides income in lieu of wages, monetary gifts, monetary prizes, taxable distributions from partnerships or corporations and alimony; a person who is not divorced but is separated from the person's spouse may exclude the spouse's income but only if the couple intends to permanently live separate and apart; a divorced parent who has parenting time with his children but with whom the children do not primarily reside may claim a household which includes the children. (2002-39) (2) Non-Qualification If the Garfield County Housing Authority determines that an applicant does not meet the criteria for qualification for an affordable housing unit, the Housing Authority will promptly provide the applicant with a written notice of the determination. The notice will contain a brief statement of the reason(s) for the decision, and will state that the applicant may request a review of the decision by following the grievance process described in Section Eleven of these guidelines. (3) Eligibility and Priorities Eligibility for affordable housing will be made without regard to race, color, creed, religion, sex, handicap, disability, national origin, familial status, or marital status. (a) All complete applications will be assigned by the Housing Authority to one of two Priority Categories: (i) Priority Category One: A prospective owner or renter is an employee of a Garfield County based employer; Or: (ii) Priority Category Two: A prospective owner or renter is a resident of Garfield County. (b) If the application of a prospective owner or renter falls into both of the Priority Categories One and Two, that application shall be considered to be in Priority Category One. If an application does not meet the criteria of either Priority Category, that applicant shall not be eligible for an Affordable Housing Unit. (c) All completed and verified applications shall be placed in the Lottery for Affordable Housing. (4) Lottery The Garfield County Housing Authority will conduct a lottery for each Affordable Housing Unit or group of Units as they become available. No waiting list will be maintained and a new and separate application must be submitted for each newly available Unit or group of Units. To assure that the Priorities designated herein are used, the Garfield County Housing Authority shall conduct the Lottery for available Affordable Housing Units as follows: (a) The Lottery shall include all applications which are submitted and complete as of the date designated by the Housing Authority. (b) All complete applications which fall into Priority Category One shall be included in Lottery Round One. Each application, upon being drawn by random selection, shall be assigned a numerical position based upon the order drawn. (c) Following the random drawing and assignment of a numerical position for the applications in Priority Category 1 in Lottery Round One, a separate random drawing, Lottery Round Two, shall be conducted in a similar manner for the applications in Priority Category 2. A numerical position shall be assigned to each application in Lottery Round 2 based upon the order drawn in a random selection. (d) Available Affordable Housing Units and the first choice of an available Unit will be offered to the qualified applicant first drawn in Lottery Round One. Subsequent offers will be made to other qualified applicants in the order drawn in Lottery Round One. (e) Remaining Affordable Housing Units, if any, will be offered to applicants in the order drawn in Lottery Round Two following those in Lottery Round One. (f) The Garfield County Housing Authority shall designate, by appropriate regulation, the length of time an offer of an Affordable Housing Unit shall be available to an applicant before the offer is considered withdrawn or void. If an offer is not accepted by a ready and willing applicant within the designated time, the offer shall be considered withdrawn and an offer to the next sequential qualified applicant, based upon the Lottery, shall be made. 5.10.02 Qualifications to Reside in an Affordable Housing Unit To remain eligible to reside in an affordable housing unit, a person must meet the following criteria. (1) To reside in a rental unit, she/he must meet the requirements of Section 4.14.01(1), (2), and (3); and (2) Units for Purchase (a) To reside in a purchase unit, she/he must meet the requirements of Section 4.14.01(1) and (2). (b) All sales of affordable housing units must occur pursuant to these regulations. 5.10.03 How to Qualify for Affordable Housing Unit (Rental or Purchase) (1) Initial Qualification In order to determine that a person or a household desiring to purchase an affordable housing unit meets all of the criteria set forth in Section I above, the Garfield County Housing Authority may request any combination, or all, of the documentation listed below as proof of residency, income, assets, and employment (with the provision that all information and documentation is considered confidential). (a) Federal income tax returns for the last two-(2) years (for prospective purchasers). Prospective purchasers must also furnish a current income statement and a current financial statement, in a form acceptable to the Garfield County Housing Authority, verified by the applicant to be true and correct, or other documentation acceptable to the Housing Authority. When current income is twenty (20%) percent, more or less, than income reported on tax returns, then the applicant’s income will be averaged based upon the current income and the previous year’s tax returns to establish an income category for the purpose of purchasing or of renting an affordable housing unit. (b) Verification of employment or offer of employment in Garfield County (i.e., wage stubs, employer name, address, and phone number), plus evidence of legal residency (or I.N.S. Form 1-9, Employment Eligibility Verification) or other appropriate documentation as requested by the Garfield County Housing Authority. (c) Landlord verification (proof of residency, physical address). (d) Copy of valid Colorado Driver’s License. (e) Verification of telephone service (date of installation, person listed to). (f) Vehicle registration. (g) Voter registration. (h) Any other documentation which the Garfield County Housing Authority deems necessary to make a determination. (i) Divorce or Support Decree. If you receive any sort of alimony or child support, a copy of the decree must indicate that it has been entered of record; and all exhibits and supplements must be attached. (j) Current credit report. (2) Additional Qualifications for Purchasers of an Affordable Housing Unit: The applicant desiring to purchase an affordable housing unit will be required to sign a release so that the Garfield County Housing Authority can obtain a copy of the completed loan application submitted to the lender. 5.10.04 Procedures for Initial Purchase and for Resale of an Affordable Housing Unit (1) Listing the Affordable Housing Unit with the Garfield County Housing Authority - Staff Duties: (a) Initial sales of affordable housing units will be the responsibility of the developer. The purchase price, deed restriction, qualification of buyer, and all other aspects of the sale must comply with the Garfield County Affordable Housing Regulations and with these Guidelines. (b) After the initial sale of an affordable housing unit, any subsequent owner of an affordable housing unit desiring to sell must consult with the Garfield County Housing Authority and review the Deed Restriction covering the housing unit to determine the maximum sales price permitted and other applicable provisions concerning a sale. Unless otherwise provided in the Deed Restriction, the affordable housing unit must be listed for sale with the Garfield County Housing Authority. The Housing Authority staff will administer the sale in accordance with the Guidelines in effect at the time of the listing. There shall be a minimum listing period of three months before an affordable housing unit’s price can be readjusted. Any termination in the listing may require the payment of administrative and of advertising costs. (c) Prospective purchasers will register in person at the housing authority office. (d) These Guidelines are intended to assure that all purchasers and all sellers will be treated fairly and impartially. Questions will be answered and help will be provided equally to any potential purchasers or sellers in accordance with the current Guidelines. Listings, sales contracts, extensions to contracts, and closing documents will be prepared; and all actions necessary to consummate the sale shall be undertaken. (e) In pursuit of the above, the Garfield County Housing Authority staff will be acting on behalf of the Housing Authority. It should be clearly understood by and between all parties to a sales transaction that the staff members are not acting as licensed brokers to the transaction, but as representatives of the Garfield County Housing Authority and its interests. They shall nevertheless attempt to help both parties to consummate a fair and an equitable sale in accordance with the current Guidelines. (f) All purchasers and sellers are advised to consult legal counsel regarding examination of the title and all of the contracts, agreements, and title documents. The retention of counsel, licensed real estate brokers, or such related services, shall be at a purchaser’s or seller’s own expense. The fees paid to the Garfield County Housing Authority are to be paid regardless of any actions or services that the purchaser or seller may undertake or acquire. (2) Advertising For Resale (a) After an affordable housing unit is listed for sale with the Garfield County Housing Authority, the Housing Authority will arrange to advertise the unit for sale. Pricing for the resale unit will be consistent with the deed restriction appreciation caps. (b) Prospective purchasers are encouraged to investigate sources of financing prior to submitting an offer for an affordable housing unit and can obtain names of lenders from the Housing Office. (3) Sales And Other Fees (a) Sales Fees (i) Unless otherwise set forth in the Deed Restrictions covering the affordable housing unit, at the closing of the sale, the seller will pay the Garfield County Housing Authority a sales fee equal to two and one-quarter (2 1/4%) percent of the sales price. The Garfield County Housing Authority may instruct the Title Company to pay the fees to the Housing Authority out of the funds held for the seller at the closing. Unless otherwise specified in the Deed Restriction, a one-half (1/2%) percent fee is paid by the seller at the time of listing, which is applied to the total sales fee payable at closing. In the event that the seller fails to perform under the listing contract, rejects all offers at the maximum price in cash or in cash-equivalent terms, or should withdraw the listing after advertising has commenced, that portion of the fee will not be refunded. In the event that the seller withdraws for failure of any bids to be received at the maximum price or with acceptable terms, the advertising and the administrative costs incurred by the Garfield County Housing Authority shall be deducted from the fee, with the balance credited to the owner’s sales fee when the affordable housing unit is sold. (b) Other Fees (i) Unless otherwise set forth in the Deed Restriction covering the unit, upon the initial sale, resale, or refinancing of the affordable housing unit where FNMA-type financing provisions are used (the use of which shall be at the sole discretion of the Garfield County Housing Authority), there shall be a one-quarter (1/4%) percent fee charged by the Housing Authority. The fee shall be paid by the mortgagor, based on the amount of the mortgage, paid for each mortgage transaction, and deposited in the Garfield County Housing Authority mortgage reserve fund account. The purchaser of the affordable housing unit shall also pay the fee based on their mortgage, as set forth above. (ii) If the fee is paid on an affordable housing unit, and the housing unit is subsequently refinanced, the fee shall only apply to that amount of the refinanced mortgage greater than the initial mortgage upon which the fee was initially collected. FNMA-type financing provisions are those, which provide, among other things, for the removal of the Deed Restriction on the unit upon foreclosure of the mortgage if the Garfield County Housing Authority, the City, or the County does not exercise their option to purchase the affordable housing unit within a specified time following the foreclosure. If FNMA-type financing provisions are not used by the mortgagor, no fee shall be charged by the Garfield County Housing Authority. The amount and the adequacy of the fee and the mortgage reserve fund shall be reviewed annually as part of the review of the Guidelines. (4) Deed Restriction The purchaser must execute concurrent with the closing of the sale, in a form satisfactory to the Garfield County Housing Authority and to the Garfield County Clerk for recording, a document acknowledging the purchaser’s agreement to be bound by the recorded Deed Restriction covering the sale of the affordable housing unit. (5) Additional Information: Co-ownership and co-signing (a) Any co-ownership interest, other than joint tenancy or tenancy-in-common, must be approved by the Garfield County Housing Authority. (b) Co-signors may be approved for ownership of the affordable housing unit, but shall not occupy the unit unless qualified by the Garfield County Housing Authority. (c) Rentals (i) If an affordable housing unit is listed for sale, and the owner must relocate to another area, the housing unit may, upon approval of the Garfield County Housing Authority, be rented to a qualified individual, in accordance with the Guidelines, for a maximum period of two (2) years. Notice of such intent, and the ability to comment, shall be provided to any applicable homeowner’s association at the time of request to the Garfield County Housing Authority. A letter must be sent to the Garfield County Housing Authority requesting permission to rent the affordable housing unit until the unit is sold. A minimum six (6) months written lease must be provided to the tenant, with a sixty (60) day move out clause, upon notification when the unit is sold. All tenants must be qualified by the Garfield County Housing Authority. (ii) The affordable housing unit must be leased for the terms set forth in the Deed Restriction on the unit or, if there are no such provisions in the Deed Restriction, upon terms approved by the Garfield County Housing Authority. Prior to the Garfield County Housing Authority’s qualification of a tenant, the tenant shall acknowledge, as part of the lease, that the tenant has received, read, and understands the homeowners’ association covenants, rules, and regulations for the affordable housing unit and shall abide by them. Enforcement of the covenants, rules, and regulations shall be the responsibility of the homeowners’ association. A copy of the executed lease shall be furnished by the owner or tenant to the Garfield County Housing Authority and to the homeowner’s association. 5.10.05 Execution of Deed Restrictions by Applicants Deed Restrictions must be submitted by the applicant to the Garfield County Housing Authority according to the time schedule listed below. (1) At the Time of Building Permit Prior to issuance of any building permit for a project, the Garfield County Housing Authority shall have an approved, executed, and recorded Deed Restriction for the required commitment by the applicant. A copy of the recorded Land Use Code Resolution and the Deed Restriction shall be sent to the Garfield County Housing Authority. (2) At the Time of Certificate of Occupancy Prior to the issuance of any Certificate of Occupancy, the Deed Restriction shall be amended, if necessary, to reflect the changes approved by the Garfield County Housing Authority, which may have occurred during construction or conversion of the affordable housing unit (i.e., net livable square footage). In addition, the Deed Restriction shall be executed and recorded, with the original returned to the Garfield County Housing Authority for their files. 5.10.06 Priorities for Persons Desiring to Purchase an Affordable Housing Unit Priorities for persons to purchase an affordable housing unit shall be as listed below. (1) Person(s) with a present ownership interest (joint or tenants in common) in the affordable housing unit. (2) Person(s) chosen by the remaining owner(s) to purchase the interest of another owner. Any fractional sales must be approved by Special Review, if not under a court order, due to dissolution procedures. (3) Spouses or children of current owners including joint custody of the children. 5.10.07 Maximum Vacancy of an Affordable Housing Unit for Rent Deed restricted affordable rental units, which are required to be occupied, may be vacant between tenancies for a maximum period of forty-five (45) days, unless authorized by the Garfield County Housing Authority. If the owner exceeds the forty-five (45) day limit without the Garfield County Housing Authority’s approval, the Housing Authority will place a qualified tenant, with a minimum six (6) months lease, from the existing waiting list. 5.10.08 Leave of Absence for Owners of an Affordable Housing Unit (1) Rental During a Leave of Absence If an owner of an affordable housing unit must leave Garfield County for a limited period of time, and desires to rent the unit during their absence, a leave of absence may be granted by the Garfield County Housing Authority for up to one (1) year upon clear and convincing evidence which shows a bona fide reason for leaving and a commitment to return to the Garfield area. A letter must be sent to the Garfield County Housing Authority, at least thirty (30) days prior to leaving, requesting permission to rent the unit during their leave of absence. Notice of such intent, and the ability to comment, shall be provided to any applicable homeowners’ association at the time of request to the Garfield County Housing Authority. (2) Extension of a Leave of Absence The leave of absence shall be for one (1) year and may, at the discretion of the Garfield County Housing Authority, be extended for one (1) year; but in no event shall the leave exceed two (2) years. The unit may be rented in accordance with the Garfield County Housing Authority’s Guidelines for qualification during the one (1) or two (2) year period, so long as the Deed Restriction covering the affordable housing unit permits the rental. (3) Establishing the Rental Rate In the event that the rental rate is not set forth in the Deed Restriction, the rent shall be established at the greater of the owner’s cost, or the rent shall be established in accordance with the Affordable Housing Guidelines. The owner’s cost, as used herein, includes the monthly mortgage principal and interest payment, plus condominium fees, plus utilities remaining in the owner’s name, plus taxes and insurance prorated on a monthly basis, plus twenty ($20) dollars per month. (4) Covenants, Rules, and Regulations Prior to the Garfield County Housing Authority’s qualification of the tenant, the tenant shall acknowledge, as part of the lease, that the tenant has received, read, and understands the homeowners’ association covenants, rules, and regulations for the affordable housing unit and shall abide by them. Enforcement of the covenants, rules, and regulations shall be the responsibility of the homeowner’s association. A copy of the executed lease shall be furnished by the owner or the tenant to the Garfield County Housing Authority and the homeowners’ association. Additionally, an owner may request a one-time, in-county leave of absence for one (1) year by Special Review with all of the above conditions applying. 5.10.09 Roommates Unless otherwise set forth in the Deed Restriction or covenants of the Homeowners’ Association covering the affordable housing unit, an owner may rent an affordable unit/room so long as the owner continues to reside in the housing unit as a sole and exclusive place of residence. 5.10.10 Special Review for 4 to 6 Bedroom Units (1) The Garfield County Housing Authority will consider a developer’s proposal for units with four, five, or six bedrooms by a Special Review. The Special Review process will evaluate the need for the multiple bedroom units based upon the intended family composition. The Special Review requires that there must be at least one bedroom of appropriate size for every two persons in the family. The following chart shall be applied in the request for a Special Review. Number of Bedrooms Minimum Persons Maximum Persons 0 - studio 1 2 1 1 2 2 2 4 3 3 6 4 4 8 5 5 10 6 6 12 (2) The determination of the intended family composition will include the following: foster children, live-in attendants, dependents under the age of 23 who are away attending school, and family members who are away on military leave or out-of-town business assignment. 5.10.11 Grievance Procedures (This Section updated Resol #2004-115) A grievance is any dispute that a tenant, potential purchaser or purchaser may have with the Garfield County Housing Authority with respect to action or failure to act in accordance with the individual tenant’s or purchaser’s rights, duties, welfare, or status. A grievance may be presented to the Garfield County Housing Authority Board of Directors (herein after referred to as Board) under the following procedures: (1) Filing a Grievance (a) Any grievance must be presented in writing to the Garfield County Housing Authority. It shall specify the particular ground(s) upon which it is based; the action requested; and the name, address, and telephone number of the complainant, and similar information about his/her representative. The grievance must be received by the Garfield County Housing Authority within ten days of the date of the alleged action complained about. (b) Upon presentation of a written grievance, a hearing before the Garfield County Housing Authority Board of Directors shall be scheduled no sooner than four days from the receipt of the grievance and no later than thirty days from the receipt of the grievance. Notice shall be given to the complainant at least two days before the hearing date. Notice may be by first class mail, fax or e-mail. Notice may be accomplished by serving the complainant’s attorney. (c) The complainant shall have the opportunity before the hearing, and at the complainant’s expense to examine and copy all documents and regulations of the Garfield County Housing Authority that are relevant to the hearing. (d) The complainant may be represented by council at their own expense. (e) If a determination is made of ineligibility, the unit is the subject of a lottery, and the hearing of a grievance can not be scheduled before the lottery takes place, the complainant’s name may be placed in the appropriate category of the lottery. If the complainant’s name is chosen, then the closing will be postponed until the Garfield County Housing Authority Board of Directors makes a decision on the eligibility of the complainant. (f) All persons submitting an application for eligibility to purchase an affordable housing unit will sign an agreement stating that if they are found ineligible and the decision is later overturned either by administrative or court action, their sole remedy will be participation the lottery for the next available unit in the event the unit originally applied for has been sold. (2) Conduct of the Hearing (a) If the complainant fails to appear at the hearing, the Board may postpone the hearing or make a determination based solely upon the written documentation in the file. (b) Evidence may be received without strict compliance with the rules applicable to judicial proceedings. However, the complainant may not present documents at a hearing concerning eligibility which have not been previously submitted and considered by the Garfield County Housing Authority in reaching its decision of ineligibility. (c) Based on the records of proceedings, the Board will provide a written decision within ten days of the hearing and include therein the reasons for its determination. 5.11 GEOLOGIC HAZARD AREAS (Added 2002-98) STATEMENT OF PURPOSE It is the purpose of this regulation (hereafter Geologic Hazard Regulation) to insure that all developments affected by one or more geologic hazards are engineered, developed and utilized in a manner that will minimize significant hazards to public health and safety and to property. 5.11.01 Applicability of Regulations. This regulation shall apply to all areas within the unincorporated area of Garfield County which are or may be affected by a geologic hazard. 5.11.02 Compliance Required. If any subdivision, PUD, residential structure, commercial structure or any other development is or may be affected by a geologic hazard, compliance with the provisions of this Geologic Hazard Regulation shall be required before the issuance of any building permit, plat approval or other approval by Garfield County. 5.11.03 Separate Permit Not Required. It is not the intent of this regulation that a separate permit be required hereunder. This regulation shall supplement and act in addition to the Garfield County Zoning Resolution, the Garfield County Subdivision Regulations, the Garfield County Building Code, and other regulations which require the issuance of a permit before a development or use of land is allowed. It is the intent of this regulation that such permits issued under such other regulations should be denied if the subject development fails to comply with the requirements of this regulation. 5.12 DEFINITIONS (Added 2002-98) As used in the Geologic Hazard Regulation, the following words and phrases shall have the meanings set forth below: 5.12.01 Aspect means the cardinal direction the land surface faces. 5.12.02 Avalanche means a mass of snow or ice and other material which may become incorporated therein as such mass moves rapidly down a slope. 5.12.03 Geologic Hazard means a geologic phenomenon which is so adverse to past, current or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. The term includes but is not limited to avalanches, landslides, rock falls, mudflows, debris fan, unstable slopes and potentially unstable slopes. 5.12.04 Geologic Hazard Area means an area which contains or is directly affected by a geologic hazard. 5.12.05 Ground Subsidence means a process characterized by the downward displacement of surface materials caused by natural phenomena such as removal of underground fluids, natural consolidation, or dissolution of underground minerals or by man-made phenomena such as underground mining. 5.12.06 Landslide means the rapid downward movement of a mass of earth or rocks on a steep slope. The term includes earth flow, debris flow and rock slides. 5.12.07 Landslide Area means an area with demonstrably active mass movement or rock and soil where there is a distinct surface rupture or zone of weakness which separates the landslide material from more stable underlying material. 5.12.08 Mudflow means a flowing mass of predominantly fine-grain earth material possessing a high degree of fluidity during movement. 5.12.09 Mudflow/debris Fan Area shall mean an area subject to rapid mud and debris movement or deposit occurring after mobilization by heavy rainfall or snowmelt runoff. Such area is formed by successive episodes of deposition of mud and debris. 5.12.10 Potentially Unstable Slope shall mean any slope with most of the physical attributes of an unstable slope but where past or present slope failure is not apparent. Unstable or potentially unstable slope means an area susceptible to a landslide, a mudflow, a rock fall, or accelerated creep of slope-forming materials. 5.12.11 Radioactivity means a condition related to various types of radiation emitted by natural radioactive minerals that occur in natural or man made deposits of rock, soil, and water. 5.12.12 Rock fall Area shall mean an area subject to rapid, intermittent, nearly unpredictable rolling, sliding, bounding or free-falling of large masses of rock, rocks and debris, or individual rocks. 5.12.13 Unstable Slope shall mean a slope with landslide/earth flow physiographic, but where modern slope movement is not apparent or is uncertain. Such area may have undergone slope movement in recent geologic past and may be susceptible to landslide, mudflow, rock fall or accelerated creep of slope-forming materials. 5.13 UTILIZATION OF MAPS (Added 2002-98) 5.13.01 Adoption of Official Maps. The county commissioners may, after public hearing and recommendation from the commission, adopt maps prepared by a professional geologist showing the location of geologic hazard areas. Such maps must show boundary lines of areas that are or may be affected by one or more geologic hazards. Such maps must also identify the type of geologic hazard which affects or may affect the designated area. 5.13.02 Significance of Maps. If a development is proposed to be located in an area covered by a map adopted pursuant to section 5.13.01 and such map shows that the proposed development is or may be affected by a geologic hazard, the provisions of this regulation must be met. If the maps show that the proposed development is not affected by a geologic hazard, the applicant shall not be required to submit the information required by this geologic hazard regulation unless such information is required by some other duly adopted regulation or ordinance of Garfield County. 5.13.03 Areas Not Mapped. Each development that is located in an area not contained within an officially adopted map must provide an initial geologic report described in section 5.14 of this regulation. 5.14 SUBMISSION REQUIREMENTS (Added 2002-98) 5.14.01 Initial Geologic Report. Unless exempted pursuant to the provisions of section 5.14.09 any person proposing a development in an area that does not lie within the boundaries of a subdivision lot approved pursuant to the Garfield County Subdivision Regulations adopted April 23, 1984 shall submit an initial geologic report. Such report shall be in addition to any other reports, information, applications, or other material required by the Garfield County Zoning Resolution, Subdivision Regulation, Building Code, or other land use regulation. Such report shall describe the professional qualifications of the author and state that the author has examined the site in order to determine whether the site may be, is or is not affected by a geologic hazard. The report shall also contain the conclusion reached after such inspection. 5.14.02 Additional Submission Requirements - Avalanche Areas. Application for development in an avalanche hazard area shall also include the following information or data: (1) location of buildings (2) building type, arrangement and proportion (3) building stability and strength (4) the extent of the run out zone (5) estimated maximum impact pressure distribution within the run out zone (6) type of avalanche reaching various parts of the run out zone (7) estimated avalanche frequency (8) avalanche discharge (9) avalanche flow depth (10) summary of the information noted above on a map with a scale of one (1) inch equals fifty (50) feet or larger with accurate topographic details (11) report which presents the necessary explanatory text, data tabulation and other information essential for further work or governmental review; a report or discussion of past occurrences of avalanches, including approximate dates and descriptions of known avalanches and evidence of past avalanches such as downed trees, areas of debris deposit and structure damage (12) a description, design, or discussion of the method or methods by which the adverse impact of the geologic hazard can or will be subsequently mitigated if the proposed development is constructed; such information may be submitted in phases if the proposed development is a subdivision and the subdivision regulations permit design detail to be submitted at a later stage; the determination as to whether or not proposed mitigation techniques are adequate shall rest with Garfield County; artificial release of an avalanche by explosive or artillery shall not be considered an acceptable mitigation technique for developments involving human occupancy 5.14.03 Additional Submission Requirements - Landslide Areas. Application for development in a landslide hazard area shall also include the following information or data: (1) type of landslide/earth flow (2) rate of movement (3) volume of material involved in the landslide/earth flow (4) mechanism(s) responsible for initiation and movement (5) slope gradient (6) location of buildings (7) building type, arrangement, and proportion (8) grading plan which portrays the original or existing configuration of the surface of the land in question, as well as the proposed or as-constructed configuration of the subsurface (9) surface and subsurface drainage (10) recommended design and construction procedures (11) summary of the information noted above on a map with a scale of one (1) inch equals fifty (50) feet or larger with accurate topographic details (12) report which presents the necessary explanatory text, data tabulation, and other information essential for further work or governmental review; the report shall also discuss past occurrences of landslides, including, if known, historical reports or movement and damage or surface change resulting from such movement (13) a description, design, or discussion of the method or methods by which the adverse impact of the geologic hazard can or will be subsequently mitigated if the proposed development is constructed; such information may be submitted in phases if the proposed development is a subdivision and the subdivision regulations permit design detail to be submitted at a later stage; the determination as to whether or not proposed mitigation techniques are adequate shall rest with Garfield County 5.14.04 Additional Submission Requirements - Rock fall Areas. Application for development in a rock fall hazard area shall also include the following information or data: (1) detailed description of type of rock fall involved and an estimate of the frequency of rock fall (2) slope, gradient on and adjacent to the site (3) aspect (4) climatological data regarding freeze/thaw cycle (5) jointing data with special consideration given to water percolation (6) specific rock types involved (7) talus or colluvial slopes adjacent to the rock fall hazard zone (8) causes of rock fall in the designated area including, but not limited to, removal of support, ground shaking, ice wedging and jointing (9) summary of the information noted above on a map with a scale of one (1) inch equals fifty (50) feet or larger with accurate topographic details (10) report which presents the necessary explanatory text, data tabulation and other information essential for further work or governmental review; a discussion of known past occurrences of rock fall, including date, frequency, and size (11) a description, design or discussion of the method or methods by which the adverse impact of the geologic hazard can or will be subsequently mitigated if the proposed development is constructed; such information may be submitted in phases if the proposed development is a subdivision and the subdivision regulations permit design detail to be submitted at a later stage; the determination as to whether or not proposed mitigation techniques are adequate shall rest with Garfield County 5.14.05 Additional Submission Requirements - Mudflow or Debris Fan Areas. Applications for development in a area subject to a mudflow or in a debris fan area shall also include the following information or data (1) drainage basin study including all stream channels upstream from the site (2) sediment yield study with data regarding surficial materials, vegetative cover, topography, and erosion potential of areas upstream from the site (3) climatological data including precipitation data for the ten (10), twenty-five (25) and one-hundred (100) year storms, and snowmelt runoff characteristics (4) geologic map with topography overlay showing mudflow deposits (5) estimated volume and mass of potential mudflows that may impact the site (6) summary of the information noted above on a map with a scale of one (1) inch equals fifty (50) feet or larger with accurate topographic details (7) report which presents the necessary explanatory text, data tabulation and other information essential for further work or governmental review; a report which discusses past occurrences of mudflows, including, if known, date, depth, velocity, and duration; the report should also discuss evidence of recent mudflow activities, such as buried vegetation and buried fence posts (8) A description, design, or discussion of the method or methods by which the adverse impact of the geologic hazard can or will be subsequently mitigated if the proposed development is constructed; such information may be submitted in phases if the proposed development is a subdivision and the subdivision regulations permit design detail to be submitted at a later stage; the determination as to whether or not proposed mitigation techniques are adequate shall rest with Garfield County 5.14.06 Additional Submission Requirements - Unstable Slopes. Applications for development in an unstable or potentially unstable slope area shall also include the following information or data: (1) past occurrences of landslides, earth flows, mudflows, rock falls and surficial creep on the site and adjacent areas (2) rate of movement of the surficial materials (3) summary of the information noted above on a map with a scale of one (1) inch equals fifty (50) feet or larger with accurate topographic details (4) report which presents the necessary explanatory text, data tabulation, and other information essential for further work or governmental review (5) a description, design, or discussion of the method or methods by which the adverse impact of the geologic hazard can or will be subsequently mitigated if the proposed development is constructed; such information may be submitted in phases if the proposed development is a subdivision and the subdivision regulations permit design detail to be submitted at a later stage; the determination as to whether or not proposed mitigation techniques are adequate shall rest with Garfield County 5.14.07 Additional Submission Requirements - Radioactive Hazard Area. Application for development in radioactive hazard areas shall also include the following information or data: (1) geologic map showing concentrations of radioactive minerals or radioactive deposits. (2) map and description showing mine dumps, tailings piles, and/or mines on the development site and adjacent areas, if any, where radioactive minerals have been mined (3) data regarding radioactive content of soils and water on the site (4) summary of the information noted above on a map with a scale of 1" = 50' or larger, with accurate topographic details (5) report which presents the necessary explanatory text, data tabulation and other essentials for further governmental review (6) mitigation techniques that will be employed, estimated costs, and documentation of effectiveness of the identified techniques 5.14.08 Additional Submission Requirements - Ground Subsidence Areas. Applications for development in a ground subsidence area shall also include the following information or data: (1) amount of material removed or materials subject to volume decrease (2) interval between the ground surface and the location of void space or materials subject to volume decrease (3) in poorly consolidated aquifers, the effect of pore fluid withdrawal (4) in wind deposited silt (loess) areas, and areas of predominantly fine-grained colluvial soils, the amount of wetting the area is subjected to and its effect (5) in areas of soluble materials, the effect of wetting (6) in areas of underground mining, data regarding air shafts, haulage ways, adits, faults, rooms and pillars, and final mine maps (7) building locations (8) building type, arrangement, and proportion (9) pertinent historic, geologic, and hydrologic factors of the area (10) logs of wells which were spaced according to the geologic conditions of the site and the character of the surface land use (11) summary of the information noted above on a map with a scale of 1" = 50' or larger with accurate topographic details (12) a report which presents the necessary explanatory text, data tabulation, and other essentials for further governmental review (13) mitigation techniques that will be employed, estimated cost and documentation of previous effectiveness (14) past occurrences of ground subsidence at the proposed development site 5.14.09 Waiver of Submission Requirements. Upon receipt of a written request or application, the planning director or the building official may grant a waiver of the requirement for an initial geologic report if the applicant : (1) has submitted a statement from a professional geologist or engineering geologist stating that the specific site proposed for development, together with associated access roads, is not subject to the hazard indicated on an adopted hazard map or, (2) the building and associated improvements, including access roads and utilities have been designed by a registered professional engineer to avoid or adequately mitigate the hazard. The determination of adequacy shall be made by Garfield County. (3) based upon maps adopted pursuant to section 5.13.01, the site for the proposed building or development is not within a geologic hazard area (4) based upon a site visit and examination the building official or other authorized county official determines that there is no evidence that the proposed development site, together with associated access roads is not in and is not affected by a geologic hazard. 5.15 DEVELOPMENTS IN GEOLOGIC HAZARD AREAS (Added 2002-98) 5.15.01 Development Exempt from this Regulation. The following uses shall be allowed in geologic hazard areas or in areas affected by geologic hazards without complying with this regulation and without submitting the information required by this regulation: (1) any “use by right” in the A/I agriculture industrial zone that does not involve any building or other structure used or designed for human occupancy (2) any “use by right” in the O/S open space or R/L resource lands zones that do not involve any building or structure used or designed for human occupancy 5.15.02 Development Prohibited. (1) no development shall be allowed if there will be a danger to human life due to the likely affect of the geologic hazard upon such development (2) no development shall be allowed which aggravates or significantly increases the severity of a geologic hazard (3) if the likely effect of a geologic hazard upon a proposed development would be to increase risk to public health or safety or if the likely effect would be a significant loss of or damage to property, such proposed development shall not be allowed 5.15.03 Development Allowed in Geologic Hazard Areas. Even though a proposed development is located within or is affected by a geologic hazard, such development may be allowed under this regulation if: (1) such use or development is otherwise permitted by the Garfield County Zoning Resolution, Subdivision Regulations, Building Code or other applicable Regulations, and (2) Such use or development involves elements of design, placement, or construction that adequately avoids, corrects, or mitigates the risks and adverse effects of the geologic hazard identified by the process required by this regulation 5.16 GUIDELINES FOR DEVELOPMENT WITHIN GEOLOGIC HAZARD AREAS (Added 2002-98) Geologic hazard areas vary greatly in size, severity, and activity. Some areas are subject to only one geologic hazard, while others are subject to more than one type of hazard. In a like manner, developments vary greatly in their size, location, and type of use. It is the expectation that any proposed development located in or affected by a geologic hazard will, if possible, receive the guidance and assistance of a qualified engineer, geologist, or other professional. The guidelines contained in this section are not intended to limit or control the work of such professionals. The following guidelines are intended for illustration purposes only. Utilization of such techniques, however, is encouraged where they are appropriate. 5.16.01 Developments in Avalanche Areas. (1) artificial release of avalanche by explosive control or artillery shall not be considered an acceptable mitigation technique for areas of potential human occupancy (2) structures designed to support the snow in the starting zone may be an acceptable mitigation technique if detailed technical data shows this to be viable (3) structural control in the run out zone may be an acceptable mitigation technique if supported by proper technical evidence; structural control techniques include among others avalanche deflecting and arresting structures and direct protection structures for individual buildings 5.16.02 Guidelines for Development in Landslide Areas. Correction of adverse conditions through engineered design and construction may be an acceptable mitigation technique if the methods are supported by careful investigation and evaluation by a qualified professional engineer or geologist. Such investigation and evaluation must consider the physical extent, the seriousness, and the causes of the geologic problems. Correction methods may involve among others refraining from removing natural support material in the area immediately beneath or adjacent to the slide area; addition of artificial support to the area in the form of rock or earth fill buttressing, retaining walls or cribbing, concrete slurry, rock bolting and reinforced pilings; permanent improvement and control of surface and subsurface drainage; stabilization of the slide area by chemical treatment, bridging weak zones, removal of unstable material, and avoidance of loading on unstable areas. 5.16.03 Guidelines for Development in Rock fall Areas. Decrease of a rock fall hazard to an acceptable level may be an acceptable mitigation technique if supported by qualified technical evidence. Methods may involve, among others: (1) stabilization of rocks by bolting gunite application (cementing), outright removal of unstable rocks (scaling), cribbing or installation of retaining walls (2) slowing or diverting the moving rocks by rock fences, screening, channeling, and dams or by concrete barriers or covered galleries, or (3) installation of physical barriers against rock impact around vulnerable structures 5.16.04 Guidelines for Development in Mudflow Areas. Correction of adverse conditions through engineered design and construction may be an acceptable mitigation technique if supported by proper technical evidence. This may include channelization, diversion dikes, debris cachement basins, special foundations, and other means. 5.16.05 Guidelines for Development of Unstable or Potentially Unstable Slopes. Engineered design and construction can be used in areas where instability is moderate and is amenable to remedial engineering. Techniques suitable for utilization in landslide areas may also be acceptable mitigation techniques in areas of unstable or potentially unstable slopes. 5.21 MASS TRANSIT SUPPLEMENTARY REGULATIONS (Added 2002-12) 5.21.01 Statement of Authority Garfield County is a political and legal subdivision of the State of Colorado and pursuant to the constitution and laws of Colorado is authorized to exercise land use authority over the unincorporated areas of the county. 5.21.02 Statement of Purposes The purpose and intent of the regulations contained in this chapter shall be to encourage integrated planning to achieve the following: (1) to facilitate the administration of site selection of mass transit facilities by establishing requirements which must be met before the location or construction of such facilities. (2) to ensure that mass transit facilities and areas around mass transit facilities are developed in conformance with the Garfield County Comprehensive Plan and any applicable municipal master plans adopted under 31-23-206 CRS. (3) to ensure that rapid or mass transit facilities are located and areas around mass transit facilities are developed in a manner designed to minimize congestion in the streets; to promote health and general welfare; to provide adequate light and air; to prevent the over- crowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation and other public requirements. (4) to ensure that development around mass transit facilities and activities involving mass transit facilities are conducted with reasonable consideration as to impact on adjoining lands, the character of the area, and its peculiar suitability for particular uses. (5) to conserve the value of existing buildings and property in locating and developing areas around mass transit facilities. (6) to discourage the location of rapid or mass transit facilities or development around mass transit facilities that impose a burden or deprivation on the communities of this region. (7) to ensure that the location of a rapid or mass transit facility is not prevented solely because the location places a burden or deprivation on one local government. (8) to ensure that development around rapid or mass transit facilities will not create a demand for governmental services beyond the reasonable capacity of the community or region to provide such services. 9) to encourage innovations in residential commercial and industrial development in areas around rapid or mass transit facilities so that the growing demands of the population may be met by a greater variety of type, design and layout of buildings, and by the more efficient use of land and public services. (10) to lessen the burden of traffic on streets and highways and to provide for housing development conveniently located with respect to mass transit facilities. 5.21.03 Definitions In addition to the definitions contained in section 2.02 of this resolution, the following words shall have the following meanings for purposes of this supplementary regulation: Area around a mass transit facility means an area immediately and directly affected by a rapid or mass transit facility, as defined in section 4.01.03. Fixed guide way means a transportation facility consisting of a separate right-of-way or rail line for the exclusive use of mass transit vehicles. Mass transit means a coordinated system of one or more transit modes providing regular transportation to the general public including, but not limited to, bus or rapid transit but not including charter, school bus or sightseeing transportation. Mass transit facility means a station or terminal constructed to provide and facilitate passenger access and egress to a mass transit system, fixed guide ways, dedicated highway lanes restricted to use by only mass transit vehicles, restricted dedicated flyovers and restricted dedicated access to terminals or stations, or highway access and egress facilities restricted to use only by mass transit vehicles. Mass transit system means a transportation facility providing regular transportation to the general public over one or more transit modes including, but not limited to, bus and rapid transit but not including charter, school bus or sightseeing transportation. Person shall mean any individual, limited liability company, partnership, corporation, association, company, or other corporate or public body, including the federal government, any federal entity and any political subdivision, agency, instrumentality or corporation of the state. Rapid transit means the element of a mass transit system involving a mechanical conveyance on an exclusive lane or guide way, rail track age, or monorail facility constructed solely for that purpose. Shelter means a building or structure designed primarily to provide a waiting area for transit passengers. Site selection means the process for determining the location of mass transit facilities or the substantial expansion or relocation of an existing facility, by a recognized and bonafide mass transit agency or authority, the county, the state, or the federal government or any subdivision of each and, or any private entity or person. Station and/or terminal means a facility constructed to provide and facilitate passenger access to and from a mass transit system including areas necessary for vehicle operations, and parking areas for commuters and roadways connecting to the general road and street system of Garfield County. “Stations” shall include any proposed regularly scheduled stop or planned optional or seasonal boarding point on a rapid transit system. Dedicated Park and Ride facilities with 50 or more parking spaces shall be deemed “stations” for the purposes of this Regulation, with or without a shelter facility. Shelters alone, or as part of traditional bus stops and pull-outs lacking 50 dedicated spaces, are not considered “stations or terminals” for the purposes of these regulations. Transportation corridor means any county or municipal street or road, any state or federal highway, and any railroad operating as a common carrier. 5.21.04 Permit Required (1) No person may locate or expand a mass transit facility in Garfield County without first obtaining a permit pursuant to these regulations. (2) No person may construct or develop any residential or commercial use in an area around a mass transit station or terminal within the unincorporated area of Garfield County unless such construction and development is consistent with and pursuant to a permit issued under the provisions of this supplementary regulation. (3) If access to a proposed residential or commercial development will be gained through use of any street, road, traffic lane, or other area constructed by, belonging to or under control of the operator of the mass transit station or terminal, or if there is any means whereby persons using the mass transit station or terminal can walk or drive or otherwise gain direct access to the proposed development, as defined in section 4.01.03 then such development shall be called Transit PUD (TPUD) and developed under the provisions of these regulations and Section 4.00, inclusive, of the Garfield County Zoning Resolution. 5.21.05 General Submittal Requirements - Mass transit facilities It is recognized that mass transit facilities can vary greatly as to their size and impact. It is the intent of these regulations to avoid unnecessary submittals but also to require sufficient information to permit adequate review in order to determine whether or not a proposed rapid or mass transit facility meets the requirements of these regulations. Each application for a permit to locate a rapid or mass transit facility in Garfield County shall contain twenty (20) copies of the following: (1) a completed application form which must be identical to or substantially similar to the application form set forth in Appendix A of these regulations (2) a base permit fee in the amount of four hundred dollars ($400) together with a written acknowledgment that the applicant will be responsible for advancing funds or reimbursing the county for all actual costs associated with the processing and review of the application. (3) a general narrative description stating whether the proposed facility is a station, terminal, fixed guide way or other mass transit facility. The narrative description shall give a description of the location of the proposed facility by reference to its relationship to any physical features, intersections, towns, or other locations that are generally recognized by the citizens of Garfield County. (4) one or more maps, at sufficient scale, showing the location of the proposed facilities together with proposed or existing transportation corridors, zoning classification and land use within 2000 feet. (5) evidence that demonstrates that the proposed facility is compatible with the applicable county and municipal master plans or comprehensive plans. 5.21.06 Additional Submittal Requirements for Fixed Guide ways If the proposed facility is a fixed guide way, the application shall also include a narrative description of: (1) the type of motive power that will be used to propel transit vehicles along the guide way (e.g., diesel electric, electrified third rail, catenary system, etc.) (2) the minimum and the optimum width of the right-of-way necessary for the guideway together with maps showing the proposed right-of-way including its location within incorporated municipalities. Such maps, or supporting documentation referring to the maps, shall also indicate the maximum anticipated speed of transit vehicles along the various segments of the guideway. (3) the minimum and maximum passenger capacity of the transit vehicles that will travel on the guideway and the anticipated frequency or scheduling of guideway use. (4) the maximum length of any train that will travel upon the guideway with separate figures for the length of passenger carrying units and for propulsion units. Self propelled units shall be considered as passenger units. (5) the maximum proposed grade of the guideway and the maximum curvature. Proposed curves in excess of 10 degrees shall be indicated on the map. (6) all buildings or other structures that must be removed in order for the proposed guideway to be built. (7) a narrative description of the methods planned to prevent collisions at points where the proposed guideway crosses other transportation corridors. (8) such other information as the board may require, including questions relating to geology and other natural features, natural hazards, unique cultural features, noise levels, safety, costs, and current or anticipated passenger demographics. 5.21.07 Additional Submittal Requirements for Stations and Terminals If the proposed facility is a station or a terminal associated with a rapid or mass transit system, the application shall also include: (1) a description of the type or types of mechanical transit conveyance that will be utilized to carry passengers to and from the station or terminal, and a description of the means of access to and from the station or terminal including pedestrian, bicycle, automotive, bus, carpool, gondolas, lifts, and other intermodal connections either existing or reasonably foreseen to be developed in the area. (2) an analysis of the passengers which will utilize the proposed facility. Such analysis shall be based on the best information available and shall include: (a) whether the passengers will be utilizing the rapid or mass transit system to travel to and from employment or for some other purpose (b) the number of automobiles that the passengers will drive to the station or terminal at or just before any scheduled departure (c) the number of passengers that will likely ride only one way on any given day (d) the number of passengers that can be expected to bring baggage, recreational equipment, tools, or other material (3) the anticipated schedule of departures and arrivals at the station or terminal and the expected capacity of each transit unit. Separate figures shall be given for peak and off- peak hours, weekdays and weekends, and peak and off-peak seasons. (4) the maximum length of any train that will serve the station or terminal, excluding propulsion units (5) basic floor plans and architectural sketches of each proposed building or structure together with a site map showing the relative location of each building or structure . Such plans and sketches shall show the location and length of platforms to be used to load and unload passengers. (6) a map of all associated roadways, parking areas and other facilities. Design details such as width, layout, traffic flow, pavement markings and traffic control devices shall either be illustrated on the map or adequately described in supporting documents. 5.21.08 Submittal Requirements for TPUD Development Around Mass Transit Stations or Terminals Any applicant seeking to construct or develop within an area around a mass transit station or terminal shall submit twenty (20) copies of the following: (1) a completed application form which must be identical or substantially similar to the application form set forth in the attached Appendix A (2) a base permit fee in the amount of four hundred dollars ($400) together with a written acknowledgment that the applicant will be responsible for advancing funds or reimbursing the county for all actual costs associated with the processing and review of the application (3) those materials and that information required by Sections 4.01.08 and 4.08 of the Garfield County Zoning Resolution. To the extent that such materials and information represent a duplication of materials and information required by this supplementary regulation, only one submittal shall be required. (4) a written narrative describing the general nature of the proposed development, including a description of the location by reference to a planned or constructed mass transit station or terminal (5) one or more maps at sufficient scale showing the location of the proposed development and its relationship to the mass transit station or terminal and the interchanges, streets, highways, parking lots, and public facilities which are adjacent to or otherwise form an integral part of the operation of the mass transit facility (6) evidence that demonstrates the proposed development is compatible with the applicable county, municipal, regional, and state master or comprehensive plans (7) a narrative description with diagrams, charts, or other descriptive devices, analyzing the motor vehicle, bicycle, and pedestrian traffic likely to be generated by the proposed development, as opposed to traffic generated by the mass transit facility. Such analysis shall include, where possible, numbers and peak times showing the generation of traffic, potential congestion, and potential demand for parking generated by non-transit industrial, commercial or residential uses and whether such traffic, congestion or parking requirements impacts favorably or unfavorably on operation of the mass transit station or terminal. The description shall include an analysis of how any commercial and residential space is designed to reinforce proximate neighborhood needs and transit utilization, as opposed to automobile dependent commercial or residential development. (8) diagrams illustrating how the proposed development can be accessed during times of peak traffic at the mass transit facility without such access crossing or otherwise conflicting with the traffic going to the mass transit facility. Proper design can be accomplished by turn lanes or other features of roadway design, but cannot be accomplished by any type of traffic signals that would stop traffic going to the mass transit facility and associated parking lots. (9) a narrative description of any commercial services that will be provided in the proposed TPUD and an analysis of how those commercial services will benefit or be utilized by persons using the adjacent mass transit facility (10) a narrative description of the types of residential uses proposed in the TPUD and a description of the price range and market niche proposed for residential units with an emphasis on the likelihood of transit use by future residents. (11) an analysis of the likely use of the proposed commercial services by people who do not use the adjacent mass transit facility, including an analysis of the number of such persons, the likely time of day for their use, and the parking areas that will be required by them (12) maps or diagrams illustrating the pedestrian and bicycle routes that can be utilized to gain access between the residential units and the adjacent mass transit facility 5.21.09 Design Standards and Approval Guidelines for Mass Transit Facilities The county commissioners shall approve an application for a permit to locate a new mass transit facility only if the proposed site selection complies with these regulations and all other relevant resolutions, ordinances, and regulations of Garfield County. The permit shall be denied if the site selection of a rapid or mass transit facility does not meet all of the criteria contained in this section. (1) Mass transit facilities must be located in accordance with the Garfield County Comprehensive Plan and any applicable municipal master or comprehensive plan, as amended from time to time and as augmented by approval, acceptance and incorporation by reference of any specific mass transit corridor and site selection plan. (2) Activities involving mass transit facilities shall be conducted with reasonable consideration as to the character of the area and its peculiar suitability for particular uses. (3) Mass transit facilities shall be located so as to conserve the value of buildings at the site. Locations of mass transit facilities which will not require the demolition of residences or businesses shall be given preferred consideration over competing alternatives which do require such demolition. (4) Mass transit facilities shall be located in a manner that encourages the most appropriate use of land throughout the affected corridor. (5) A permit shall not be denied solely because the location of the rapid mass transit facility places a burden or deprivation on one local government. (6) A proposed location of a mass transit facility that imposes a deprivation on a local government cannot be justified on local benefit alone. (7) Stations, shelters and terminals shall be appropriately located to meet transit needs and to attract maximum ridership. The length of passenger platforms shall equal or exceed the maximum length of any train or other conveyance that will load and unload passengers at the station. (8) Mass transit facilities shall have adequate and safe ingress and egress for all transit modes. (9) The location of fixed guideways shall, wherever practicable, provide for the joint usage of rights-of-way for trails and bikeways and other such transportation alternatives. (10) Mass transit facilities shall be designed and located in a manner that will reduce traffic congestion and resulting air pollution. (11) Mass transit facilities shall be located and designed so as to minimize noise and to protect and preserve unique natural and cultural factors and visual amenities. (12) In determining the minimum right-of-way and corridor alignment for rapid transit, consideration shall be given to areas needed for snow storage along the guideway. Guideway design and location shall not permit snow plumes from snow removal equipment on the guideway to reach the travel surface of a plowed public road except at intersections, nor shall guideways be placed or designed so that snow plumes from snow removal equipment on public roads will reach the guideway except at intersections. (13) The parking areas associated with a terminal or station shall be capable of holding a number of automobiles that equals the number of passengers expected to ride on peak periods multiplied by a factor of .75 modified only by sufficient evidence of passenger loading from other forms of intermodal transfer (such as Amtrack, Tour busses, regional surface busses, carpools, etc.). The applicant may initially provide a smaller number of parking spaces if the total area dedicated to potential parking expansion is shown to be large enough to accommodate the required number of parking spaces and the applicant provides financial security acceptable to the Board which guarantees that the required number can be built if actual need is shown after operation begins. (14) Roadways providing access to a station or terminal and interior circulation routes shall be designed and constructed to accommodate, during a 15 minute period, the maximum number of automobiles anticipated to arrive before the scheduled departure of the mass transit conveyance without causing congestion on the public road serving the facility. (15) Safety for vehicles traveling on other transportation corridors shall be provided at each point of intersection with a fixed guideway in accordance with the provisions of the current “Uniform Manual on Traffic Control Devices “ 5.21.10 Design Standards and Approval Guidelines for Development in Mass Transit Areas In addition to the standards contained in section 4.07 of this zoning resolution, each Transit Planned Unit Development (TPUD) must meet the following standards: (1) Each TPUD shall be developed to promote the efficient utilization of the rapid or mass transit facility with which it is associated. (2) No TPUD shall be approved which will interfere with or cause conflict with the proper and efficient utilization and operation of the adjacent rapid or mass transit facility. (3) No TPUD shall be approved which will cause congestion on the streets, roads, and highways of Garfield County. (4) No TPUD shall be approved which will or is likely to create an expansion of the demand for governmental services beyond the reasonable capacity of the community to provide such services as determined by the Garfield County Board of County Commissioners. 5.21.11 Review Procedure for Mass Transit Facilities The process for the review of an application for a permit to locate or expand a rapid or mass transit facility shall begin when an applicant first submits the information required by section 5.11.05 of these regulations. Within thirty days of the receipt of such preliminary application, the Board or its designated agent shall inform the applicant in writing what additional information will be required for a completed application. In identifying such additional information, the board shall be guided by the terms hereof. Upon request by the applicant, the Board may waive any submittal requirement contained herein if the Board finds that full compliance would be unreasonably burdensome, or that the required information would not assist in determining whether or not to grant the application. At such time as the additional information has been submitted and the Board has determined that a completed application has been received, the review process set forth in section 9.03 of the Garfield County Zoning Resolution shall be followed except that in any event, within thirty days after the receipt of the completed application, the Applicant shall publish a notice of hearing on said application. Such notice shall be published in a newspaper of general circulation in Garfield County and a copy of such notice shall be given to the Colorado Land Use Commission. Such public hearing must be held not sooner than thirty and not later than sixty days after the publication of the notice. 5.21.12 Review Procedure for Development in Areas Around Mass Transit Facilities (1) A TPUD shall be subject to the same review procedure as an applicant for a PUD submitted in accordance with the provisions of Section 4.00 of the Garfield County Zoning Resolution. (2) A copy of the completed application shall be sent to the Colorado Land Use Commission. (3) The planning commission or the Board may request redesign of all or any portion off a planned unit development submitted for approval, but any such request shall include specific, objective criteria. If the applicant redesigns the planned unit development in accordance with the request, no further redesign shall be required unless necessary to comply with a duly adopted county resolution, ordinance, or regulation. (4) Any required public hearing on any planned unit development shall be conducted expeditiously and concluded when all those present and wishing to testify have done so. No public hearing shall continue for more than forty days from the date of commencement without the written or formally recorded consent of the applicant. Any continuation of a public hearing shall be to a date certain. (5) Unless withdrawn by the applicant, any TPUD that has been neither approved, conditionally approved, nor denied within a time certain mutually agreed to by the county and the applicant at the time of filing shall be deemed approved. Such time period may be extended by the county to receive a recommendation from an agency to which a planned unit development was referred, but such extension shall not exceed thirty days unless the agency has notified the county that it will require additional time to complete its recommendation. (6) Any requirement set forth in this section may be waived by the Board upon submission of a request in writing by the applicant and a finding by the board that full compliance with the submission requirements would be unreasonably burdensome and the proposed development will have a marginal or an insubstantial impact on the surrounding area or the mass transit system. 5.22 REGULATIONS AND GUIDELINES FOR THE SITE SELECTION OF ARTERIAL HIGHWAYS, COLLECTOR HIGHWAYS, AND INTERCHANGES (Added 2002-13) 5.22.01 Statement of Authority – These regulations are adopted by the Board of County Commissioners of Garfield County pursuant to the authority granted by Section 24-65.1- 101 et seq. Colorado Revised Statutes. 5.22.02 Purpose and Intent – The purpose and intent of these regulations shall be to: A. facilitate the local administration of site selection of arterial highways, collector highways, and interchanges by establishing requirements which must be met before a site may be selected B. ensure that community traffic needs are met C. provide for the continuation of desirable community patterns D. discourage expansion of demand for government services beyond the reasonable capacity of the community or region to provide such services as determined by the board of county commissioners E. prevent direct conflicts with local, regional and state master plans F. ensure that highway development is compatible with surrounding land uses G. encourage the coordination of highway planning with community and regional development plans H. discourage traffic hazards and congestion. 5.22.03 Definitions For the purposes of these regulations and all applications made hereunder, the following words and phrases shall have the following meaning: A. Analysis point means a specific point or section of a roadway where studies, measurements, data collection, or analysis will be carried out to provide the information required by these regulations. B. Applicant means any person, including a local, municipal, state, or federal entity, proposing to locate an arterial highway, or collector highway, or interchange within the unincorporated areas of Garfield County. C. Arterial highway means any limited-access highway which is part of the federal-aid interstate system or any limited-access highway constructed under the supervision of the Colorado Department of Transportation. D. Average travel speed means the length of a given lane or highway segment divided by the average travel time of all vehicles traversing the segment, including all stopped delay times. E. Average travel time means the average travel time spent by vehicles traversing a highway segment of given length; expressed in units of time per vehicle. F. Collector highway means a major thoroughfare serving as a corridor or link between municipalities, unincorporated population centers, recreation areas, or industrial centers and constructed under guidelines and standards established by, or under the supervision of, the Colorado Department of Transportation. The term “collector highway” does not include a city street or local service road or a country road designed for local service and constructed under the supervision of local government. G. Community traffic means one or more of the following: a. any vehicle trip that has a point of origin and/or a point of destination within Garfield County b. any vehicle that stops for service, goods, or lodging shall be considered to be a part of community traffic c. any vehicle trip that has a point of origin and/or a point of destination within specific areas within Garfield County as identified in the pre-application agreement d. all non-motorized travel within Garfield County. H. Corridor means a set of essentially parallel transportation facilities designed for travel between two points and containing two or more subsystems such as freeways, rural highways, arterials, transit, bicycle or pedestrian routes. I. Density means the number of vehicles occupying a given length of lane or roadway at a particular instant, expressed in vehicles per mile. J. Development means any construction or activity which changes the basic character or use of the land on which the construction or activity occurs. K. Heavy vehicle means a vehicle with more than four wheels touching the road surface during normal operations. L. Interchange means the intersection of two or more highways, roads, or streets at least one of which is an arterial highway. At such intersection there must be direct access to and from the arterial highway. M. Level of service means a qualitative measure that characterizes the operational conditions within a traffic stream which may be based on service measures such as speed, travel time, freedom to maneuver, traffic interruptions and at least in part, upon the perception of motorists, vehicle operators, and pedestrians. N. Limited-access highway means providing access connection with selected public roads only and by prohibiting crossings at grade or direct private driveway connections. O. Project means the arterial highway, collector highway, or interchange that is the subject of an application pursuant to these regulations. P. Rate of flow means the equivalent hourly rate at which vehicles pass over a given point or section of a lane or roadway during a given period of time less than one hour, usually 15 minutes, expressed in vehicles per hour. Q. Roadway capacity means the maximum number of vehicles that can pass a given point during a fifteen (15) minute time period under given roadway, environmental, traffic and control conditions, expressed in vehicles per hour. R. Selection means the action of making a choice between options or the action of making a decision to construct or develop in a location that is not now occupied by such construction or development. S. Site means a specific parcel or corridor of land that is intended to be used for the construction or major enlargement, of a new or relocated interchange, arterial highway, or collector highway. T. Site selection includes the determination of a specific corridor location that is made by the applicant at the end of the corridor location studies in accordance with federal regulations. U. Speed means a rate of travel expressed as distance per unit of time, e.g. miles per hour. V. Through traffic means any vehicle trip that has neither a point of origin nor a point of destination in Garfield County and does not stop to secure services, goods or lodging in Garfield County. W. Traffic volume means the total number of vehicles that pass over a given point or section of a lane or roadway during a given time interval. Volume may be expressed in terms of annual, daily, hourly, or sub-hourly periods. 5.22.04 Pre-application Conference - Any person who desires to locate an arterial highway, collector highway, or interchange within the unincorporated areas of Garfield County shall provide to the Garfield County Planning Department a Notice of Intent which briefly identifies the project which is being considered and requesting a pre-application conference. Within thirty (30) days of the receipt of the notice, the Board of County Commissioners shall schedule a pre-application conference with the applicant. The purpose of the pre-application conference is to provide a forum for the county and the applicant to agree upon the data, methods, and analyses necessary to determine the current and future traffic needs of the community at the site of the proposed new highway or interchange and to determine whether alternative sites can or should be considered. “Community traffic needs” consist of five separate elements. These elements are: A. convenient intra-community travel without using a collector or arterial highway B. convenient and safe access to and from collector and arterial highways C. reasonable travel times for vehicles from the community that choose to utilize the collector or arterial highway D. safety for non-motorized travel within the community E. accommodation for inter-modal and mass transit facilities. 5.22.05 Pre-application Agreement - One or more meetings, consultations, or conferences may be held as a part of the pre-application conference required by this Part II. At the conclusion of the pre-application conference, the county and the applicant shall enter into a pre- application agreement which shall reflect the agreement of the parties about the information that must be included in the final application required by Part IV. At a minimum, the agreement must reflect the mutual understanding of the parties on the following: A. the definition of terms that will be used including the definition of the terms “community traffic,” “interchange,” “collector highway,” and “arterial highway” B. the analysis points that will be utilized to secure the data required in the final application C. a method of identifying the individual analysis points so that a map location can be correlated with data or textual material D. a method of categorizing various levels of service that currently exist and are expected to exist after project completion E. all alternative locations for the proposed project. In gathering the information required for the final application, the applicant may utilize existing and past studies but the parties shall at all times bear in mind that the purpose of the pre-application procedure is to provide a means whereby Garfield County can provide meaningful input into the analysis phase of the project. 5.22.06 Submission Requirements - Unless otherwise agreed upon by the parties to the pre- application agreement, for each alternative location being considered for the project the final application shall contain the information specified below: 5.22.07 Analysis Points - Highways - Each lane of the proposed arterial highway or collector highway shall have an analysis point at each end of the proposed project. In addition there shall be an analysis point identified wherever the roadway is or will be intersected or joined by another public road or commercial driveway. 5.22.08 Analysis Points - Interchanges - For interchanges, as defined herein, each lane of each highway road or street involved in the interchange shall be considered an analysis point. In addition, for a distance of not more than two thousand (2000) feet, in each direction, on each roadway involved in the proposed interchange, an analysis point shall be identified wherever the roadway is joined or intersected by another public road or commercial driveway. 5.22.09 Data Collected at Analysis Points - Unless otherwise agreed upon by the parties to the pre- application agreement, the following data shall be collected at each analysis point identified in the pre-application agreement or in sections 5.22.07and 5.22.08. 5.22.10 Peak Traffic Flow - The flow must be broken down in fifteen (15) minute segments, for at least two (2) one hour periods during each day. The county may specify days of the week, seasons of the year, or occurrence of specific events during which peak volume measurements should be taken. 5.22.11 Point of Origin and Point of Destination - Recognizing the impossibility of determining the points of origin and destination of every vehicle, it shall nevertheless be the responsibility of the applicant to develop and propose a method of analysis that indicates the extent of local traffic which is currently utilizing the roadway or roadways involved in the proposed project. Such analysis may utilize comparative traffic counts, trip generation analysis, statistical sampling, or any other method that is agreed upon by the county and the applicant. 5.22.12 Number of Heavy Vehicles - The number will include the average percentage represented by recreational vehicles. 5.22.13 Average Speed - The average speed will be calculated for peak and off-peak periods. 5.22.14 Roadway Capacity - The capacity of the roadway or lane segment may be calculated or arrived at by actual measurement or observation during peak traffic flow. 5.22.15 Traffic Volume - 1. average daily traffic - different figures may be given which differentiate between days of the week or seasons of the year 2. annual traffic (total) 5.22.16 Roadway Conditions - 1. lane width 2. presence of pedestrian routes 3. bicycle lanes 4. controls such as stop signs or traffic lights 5. existing or proposed mass transit facilities 6. other conditions that affect capacity 5.22.17 Density of Vehicles - The density of vehicles must be given for peak and off-peak conditions. If analysis points are located at existing intersections, data concerning number and direction of turning vehicles shall also be collected and analyzed. 5.22.18 Level of Service - The levels of service that exist for vehicles, pedestrians, busses and bicycles at each site being considered must be given. 5.22.19 Final Application - When the data collection and analyses identified in the pre- application agreement are complete, the applicant shall submit three (3) copies of a final application which contains the information required by the pre-application agreement and which contains the additional information required by this Part III. 5.22.20 Submittal Requirements - The final application shall be presented in notebooks or other types of bindings with pages numbered, a table of contents, and a glossary of terms. Such glossary shall reflect the definitions contained in the pre-application agreement. Such application shall also contain the following: 5.22.21 Application Form - The completed application form found in Appendix A must be submitted. 5.22.22 Maps - Maps must be submitted on sheets not larger than 24" X 36" at a scale sufficient to permit the information represented thereon to be easily understood. The maps shall show the analysis points identified in the pre-application agreement as well as all of the alternative locations of the proposed arterial highway, collector highway, or interchange. 5.22.23 Current Traffic Data - Data, graphs and analyses reflecting current traffic conditions shall be presented in a form that is understandable by persons who are not technically trained in engineering and design fields. The application shall contain text describing the method of data collection used for different analyses points, those differences shall be identified and described. Where actual observations were not used, the application shall describe the process followed, including the formula used, to extrapolate traffic figures. 5.22.24 Traffic Projections - The final application shall contain the applicant’s projections for traffic for each roadway involved in the project. Such projections shall include projections for community traffic as well as through traffic. 5.22.25 Community Traffic Needs - The final application shall contain a separate section or division addressing community traffic needs and demonstrating how the proposed project site will meet those needs. Text, diagrams, graphs, preliminary design or any other method may be used in such demonstration. 5.22.26 Application Review - Upon receipt of the three (3) copies of the final application required by this Part III, the County Planning Department shall review the material submitted for the purpose of determining whether or not such application complies with the pre- application agreement and this Part III. If the department determines that the application complies, the applicant shall be notified and requested to provide an additional seventeen (17) copies of the final application. 5.22.27 Incomplete Application - If the Planning Department determines that the application is incomplete, the applicant shall be notified and the matter shall be referred to the Board of County Commissioners. After consideration of the information from the Planning Department and any comments or information received from the applicant, the board shall decide to accept the application as submitted or to reject the application and require the submittal of additional information. If the application is rejected, the reasons therefore shall be given to the applicant in writing and the writing shall specify the provision of the pre-application agreement or these regulations that the application failed to address or satisfy. 5.22.28 Planning Commission Review - Upon receipt of copies of a completed application, the board shall refer the application to the Planning Commission for comment and review. The Planning Commission shall complete its review within forty-five (45) days of its receipt of the application. 5.22.29 Public Hearing - Not later than thirty (30) days after the receipt of the completed final application, the board shall publish a notice of hearing on said application. Such notice shall be published at least once in a newspaper of general circulation in the county and shall be published not less than thirty (30) days and not more than sixty (60) days prior to the hearing. The date for the hearing shall be after the end of the 45 day period allowed for Planning Commission review. A copy of the notice shall be sent to the Colorado Land Use Commission. 5.22.30 Permit Issuance - Within thirty (30) days of the public hearing required by section 3.2.4 of these regulations, the board shall determine whether or not to issue the permit requested by the final application. The permit shall be issued if: A. the site selected for the proposed project does not directly conflict with any provision of a local, regional, or state master plan, and B. the project, if developed at the site described in the final application, will preserve desirable community patterns and meet community traffic needs, and C. the project, if developed with the design elements described in the final application, will preserve desirable community patterns and meet community traffic needs. 5.22.31 Permit Denial - The board may deny the permit application if: A. the site selected for the proposed project does directly conflict with any provision of a local, regional, or state master plan, or B. the project, if developed at the site described in the final application, will not preserve desirable community patterns or meet community traffic needs, or C. the project, if developed with the design elements described in the final application, will not preserve desirable community patterns or meet community traffic needs. 5.22.32 Form of Decision - Whether the board grants or denies the permit, it shall state, in writing, the reasons for its decision and preserve a record of such proceedings.
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