(a)

This Article contains development standards for any development in or adjacent to rivers, wetlands and other environmentally sensitive areas (herein collectively referred to as environmentally sensitive areas or ESA). Environmentally sensitive areas shall include all:

(1)

Land within fifty (50) feet of the high water line (as described in Section 16-4, River Setback, of this Chapter) of the Frying Pan River, Roaring Fork River and any other river or stream which contains water on a year-round basis;

(2)

Floodplains;

(3)

Riparian and wetland areas; and

(4)

Wildlife habitat areas.

(b)

All land within one hundred fifty (150) feet measured horizontally from the high water line on each side of the Roaring Fork River, the Frying Pan River or any other stream or river which contains water on a year-round basis is presumed to be an ESA unless physical inspection, specific mapping or a specific study determines that such land is not an ESA.

(c)

Any property located within the area defined as between Two Rivers Road on the north and Highway 82 on the south and downstream of the upper Highway 82 bypass bridge and upstream of the lower Highway 82 bypass bridge, shall be assumed to be an ESA. As used herein, this shall comprise the "Reach II ESA."

(d)

Any property within the area defined as between Highway 82 on the north and the southernmost boundary line of the special flood hazard areas, as identified by the Flood Insurance Rate map revised to reflect the LOMR effective November 25, 2016 for panel 406 of 428 for Pitkin County or Panel 931 of 1125 effective November 25, 2016 for Eagle County as used herein shall be assumed to be an ESA. As used herein, this shall comprise the "Southside Reach II ESA".

(Ord. 7 §C, 1999; Ord. 25 §(B)(2), 2000; Ord. 33 §B(Exh. A), 2016)

The following definitions shall apply to words used in this Article and elsewhere in this Code, unless the context requires otherwise:

Floodplain shall have the same meaning as area of special flood hazard as defined by Section 16-351(b) of this Code.

Revegetation shall, in addition to any specific requirements contained in this Article, require replacement of vegetation using native vegetation and will be subject to approval by the Town. Revegetation of disturbed areas shall comply with the requirements of any revegetation standards adopted by the Town.

Riparian area shall mean any land adjoining or directly influencing a body of water. It includes the land immediately alongside small creeks and rivers, including the riverbank itself.

Technical Review Committee or TRC, for purposes of this Article, shall be comprised of the Town Manager, Town Planner, Public Works Director and Town Attorney. Further, the above-listed members of the TRC may, on a case-by-case basis, appoint other members to the TRC who possess relevant expertise.

Wetlands means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation; provided that lands which are periodically irrigated for agricultural purposes are not considered to be wetlands as the term is used herein.

Wildlife habitat areas are all areas within one hundred fifty (150) feet of the high water line for the Roaring Fork River, the Frying Pan River and other streams within the Town, unless physical inspection, specific mapping or a specific study determines that such land is not a wildlife habitat area; areas mapped in accordance with the Colorado State University, Environmental Resources Analysis, 1974, as amended; areas known to be wildlife habitat areas by the Division of Wildlife; and other areas identified by studies by qualified wildlife habitat consultants as may be approved by the Town. In all cases, wildlife habitat areas may be field-verified by a wildlife biologist approved by the Town.

(Ord. 7 §C, 1999; Ord. 33 §B1, 2003)

(a)

Any property containing an ESA for which a building permit or other development permit is sought or required shall file with the Town an application for development on property containing an ESA and shall comply with the requirements of this Article.

(b)

Procedures.

(1)

Pre-application conference. Prior to submittal of a formal development application hereunder, the applicant shall meet with the Town Planner to determine if the property contains an ESA and is subject to this Article and the anticipated procedures and application contents based on the particular circumstances of the property. The conference should be held before the applicant has entered into binding commitments or has incurred substantial expense in the preparation of plans or other studies. At the pre-application conference, the Town Planner should advise the applicant what studies, reports, maps or other information the Town Planner believes will be necessary for review of the application for development of the property. The Town Planner may waive or refine the application contents including the environmental assessment and inventory based on initial evaluation, a site visit and preliminary information provided by the applicant.

(1.5)

Reach II ESA Referral Agency Review. As soon as practical after the Town Planner certifies a Reach II ESA application as complete, relevant referral agencies shall review the application for development of the property and provide written comments to the Town Planner. The relevant referral agencies shall be as determined by the Town Planner and at a minimum will include a qualified river hydrologist and a Reach II river master plan steering committee (if one exists). The applicant may, at its option, submit only that information required by Subsections 16-463(c)(3) and (6) with regard to sketch plan applications or, for other applications if the developer would prefer to receive written comments from the Town prior to the developer submitting the more detailed information required by Section 16-463(c)(7). Prior to review by the Town for preliminary plan, final plan, special review, building permit or other final stage review applications, the applicant shall submit the application requirements of Section 16-463(c)(7) for review.

(1.75)

Southside Reach II ESA Floodplain Administrator Review. As soon as practical after the Town Floodplain Administrator determines a Southside Reach II ESA application as complete, the Administrator shall review and process an Administrative determination. The applicant may, at its option, submit only that information required by Subsections 16-463(c)(3) and (8) with regard to Sketch Plan applications or, for other applications if the developer would prefer to receive written comments from the Town prior to the developer submitting the more detailed information required by Section 16-463(c)(9). Prior to review by the Town for preliminary plan, final plan, special review, building permit or other final stage review applications, the applicant shall submit the application requirements of Section 16-463(c)(9) for review.

(2)

Technical Review Committee. Within thirty (30) days of the Town Planner certifying an application as complete, the TRC shall review an application for development of property containing an environmentally sensitive area. The TRC may request such additional information, reports or studies as it deems necessary for its review of the application. Upon review of the application for development on property containing an ESA and after any site visit the TRC deems necessary, the TRC may:

a.

By unanimous written consent, make a finding that the proposed development of the property containing an ESA (1) will not have a negative impact on the ESA, (2) is not required to be reviewed by the Town Council pursuant to any provision of this Article, (3) is in full compliance with the setbacks and other requirements of this Article, and (4) is not required by other provisions of this Code to be reviewed by the Planning and Zoning Commission or Town Council. Such written consent shall further provide that the application is approved for purposes of compliance with this Article; or

b.

If the TRC does not approve the application pursuant to the prior paragraph, the application shall be submitted to the Planning and Zoning Commission, if required, and to the Town Council for review. The TRC shall provide a recommendation of approval with conditions or a recommendation of denial of the application.

(3)

Planning and Zoning Commission review. If the application for development of property containing an ESA is being considered in conjunction with other development review applications which require Planning and Zoning Commission review, the Planning and Zoning Commission shall consider the application for development of property containing an ESA and the comments and recommendations of the TRC. The Planning and Zoning Commission shall review the application with respect to the criteria and standards for development of property containing an environmentally sensitive area provided in this Article. The Planning and Zoning Commission may then recommend to the Town Council that the matter be approved, be approved with conditions or modifications or be denied.

(4)

Town Council action. At a regularly scheduled Town Council meeting following the TRC review of the application and, if required, following the Planning and Zoning Commission action, the application for development of property containing an ESA shall be considered by the Town Council. The Town Council shall consider the recommendations of the Planning and Zoning Commission, if any, the recommendations of the TRC and the review criteria and standards for development of property containing an ESA provided in this Article. The Town Council may then approve the application, approve the application with modifications or conditions or deny the application.

a.

The Town Council may consider exemption requests for the following public improvements: bridges, roads, utility crossings, trails or river paths for nonmotorized use and fisherman and boating access improvements. The Town Council may also consider exemption requests for the following public or private improvements: erosion control devices; bank stabilization devices; fish habitat structures; park and recreation improvements; approved landscaping; improvements designed to enhance river stability and manage flood waters, such as drop structures, rock weirs, rock veins and hard points; and other similar structures. Any exemption approved pursuant to this Subparagraph 1, shall require a finding that the exemption is consistent with the purpose and intent of this Article and any impact is adequately mitigated.

b.

In cases where development is prohibited by these regulations, the Town Council may grant exemptions and approve an application for development of property containing an ESA where there is a clear demonstration that these regulations impose on the particular property an unreasonable hardship that was not created by the property owner or was in existence at the time of the passage of the ordinance approving this Article XXI. In reviewing any case where development is prohibited by these regulations, the Town Council shall (1) review and consider the application at a public meeting, (2) consider any policies, standards or criteria set forth in the following regulations (Sections 16-464 through 16-467), and (3) consider the recommendations of the TRC and Planning and Zoning Commission. Approval of an exemption request shall be subject to a finding that there is no reasonable alternative and that any impacts on the ESA will be adequately mitigated. In order to further the goals of this Article where an exemption is necessary, the Town Council may consider any community benefits of the project and may impose additional conditions of approval including but not limited to the following:

1.

Replacement of habitat or affected areas;

2.

Enhancement or improvements to existing conditions and to ESAs;

3.

Establishment of conservation easements;

4.

Establishment of fisherman or other public access easements;

5.

Cooperation with or participation in special environmental protection or enhancement programs as may be adopted or developed by the Town or local conservation agencies such as the Roaring Fork Conservancy;

6.

Limitation of the permitted uses for a zone district and reduction of the permitted land use densities to minimize potential dangers to people, wildlife and the ESA;

7.

Requirements for ongoing monitoring, warranties on required improvements and security as necessary to assure successful mitigation of impacts;

8.

Conditions concerning the management of domestic animals; and

9.

Any other conditions reasonably necessary to protect the environmental values expressed in this Article or to protect the health, safety and welfare of the citizens of Basalt.

c.

In addition to the foregoing, in cases where an exemption from the fifty-foot river and stream setback requirement is requested, such exemption may be granted by the Town Council only at a public hearing for which notice is provided in accordance with Section 17-151 and on the affirmative vote of five (5) or more members of the Town Council. In circumstances where development of a property is limited by other zoning restrictions (such as a front yard setback), the Town Council shall not approve a reduction in the fifty-foot river setback unless and until the Board of Zoning Adjustment has denied relief in accordance with Section 16-265 from such other zoning restriction.

(c)

Application contents. Except upon waiver by the Town Planner or the Technical Review Committee, all applications for building permit or development review on land areas that include environmentally sensitive areas as outlined in this Article must have an environmental inventory and analysis of the site conducted by a qualified person approved by the Town and paid for by the applicant. The environmental inventory and analysis will include the following:

(1)

Mapping and delineation of all environmentally sensitive areas;

(2)

Mapping and delineation of the minimum setbacks as outlined in this Article and as required elsewhere by the Zoning Code;

(3)

Mapping and delineation of the floodway, the one-hundred-year floodplain and areas affected by riverine erosion potential, if they occur on the property;

(4)

Inventory and photo documentation of existing vegetation within any ESA, unless the vegetation is not proposed to be disturbed; and

(5)

A site plan showing the proposed development of the property.

(6)

With regard to developments proposed within a Reach II ESA at the sketch plan review level or at the applicant's election for obtaining preliminary comments from the Town with regard to preliminary plan, final plan, special review, building permit and other final stage development permits prior to submitting the information required below by Subsection (7): A site plan with at least two (2) cross-sections and any mitigating conveyance improvements; existing and approximate proposed grade and one-hundred-year water surface elevations; improvements with approximate locations and sizes; and any access roadways with elevations ("conceptual Reach II ESA application"); and

(7)

With regard to proposed development within a Reach II ESA at the preliminary plan, final plan, special review, building permit or other final stage review level, a floodplain report prepared and sealed by a professional engineer registered in the State of Colorado providing the following: Floodplain mapping showing the property location, structures, existing and proposed floodplain and effective conveyance structures prepared to standards required by the Town's river hydrologist; cross-sections showing existing and proposed flood elevations, grades and improvements prepared perpendicular to stream flow and at all hydrologically critical locations; a hydrological analysis performed for proposed and existing conditions in the most recent version of HEC-RAS program using the Town's modeling, with field surveyed cross-sections added to the model to verify actual conditions; a detailed site plan showing details and dimensions of all proposed structures, existing and proposed grades, and location and dimensions of any flood conveyance improvements; a written narrative prepared by the licensed engineer describing the analysis performed and any assumptions made with all calculations clearly presented; a certification from the engineer of record stating that the proposed improvements will not increase the one-hundred-year floodplain elevations; and a certified statement describing if and how the proposal impacts adjacent land owners ("detailed Reach II ESA application").

(8)

At the sketch plan review level with regard to developments proposed within a Southside Reach II ESA submit the items listed below. For any "detailed" plan application, an applicant may elect to receive a conceptual approval from the Floodplain Administrator prior to preparing detailed plans with regard to preliminary plan, final plan, special review, building permit and other final stage development permits as required below by Subsection (9) ("conceptual Southside Reach II ESA application"):

a.

A site plan, detailing all construction activity proposed within floodplain boundaries, including:

1.

Floodplain boundaries.

2.

All reference marks.

3.

All property lines.

4.

All existing and proposed structures located within the Special Flood Hazard Area (SFHA).

5.

If applicable, the lowest floor elevation (crawl space, basement, etc.) of all structures on the property within the SFHA.

6.

If applicable, specify the lowest elevation to which structure(s) are/will be floodproofed.

7.

All easements.

8.

All public rights-of way. (Rights-of-Way work permits may be required) and access roadways.

b.

A copy of the relevant section of the applicable FIRM (Flood Insurance Rate Map), and identify the specific location and reach of the proposed activity.

c.

A copy of the appropriate profile from the Flood Insurance Study (FIS), with the reach and Base Flood

Elevations (BFEs) of the proposed project accurately identified.

d.

Accurate cross sections of the site (minimum of two (2)) of the proposed activity with any mitigating conveyance improvements, including:

1.

Depiction and labeling of both existing and proposed grade conditions.

2.

Vertical (elevations) and horizontal dimensions (distances) and references.

3.

Base Flood Elevation(s) (BFE).

In addition, nothing prevents an applicant from satisfying the full requirements at sketch as provided in subsection (9) below.

(9)

At the preliminary plan, final plan, special review, building permit or other final stage or one-step review level with regard to proposed development within a Southside Reach II ESA, submit a Floodplain Development Permit Application prepared and sealed by a professional engineer registered in the State of Colorado providing the following: Floodplain mapping showing the property location, structures, existing and proposed floodplain and effective conveyance structures prepared to standards required by the Town's Floodplain Development Permit; cross-sections showing existing and proposed flood elevations, grades and improvements prepared perpendicular to stream flow and at all hydraulically critical locations; a hydraulic analysis performed for proposed and existing conditions in the most recent version of HEC-RAS program using the Town's modeling, with field surveyed cross-sections added to the model to verify actual conditions; a detailed site plan showing details and dimensions of all proposed structures, existing and proposed grades, and location and dimensions of any flood conveyance improvements; a written narrative prepared by the licensed engineer describing the analysis performed and any assumptions made with all calculations clearly presented; a certification from the engineer of record stating that the proposed improvements will not:

a.

Increase the 100-year floodplain elevations by more than 0.0 feet (up to 0.05 of a foot allowed) as measured at the closest adjacent land areas not owned by the Applicant or under the Applicant's control and not including Town street rights-of-way.

(d)

Any application pursuant to this Article, including applications for exemption, shall be submitted with an executed reimbursement agreement in accordance with Section 16-292 of this Chapter. Any application fee which may be required and any initial deposit shall be in an amount approved by the Town Council pursuant to Section 2-381 et seq.

(e)

Special procedures for Reach II ESA properties.

(1)

Prior to processing PUD or Subdivision Sketch Plan applications or, at the developer's election, other final stage development permit applications, applicants for development of property within a Reach II ESA shall submit a conceptual Reach II ESA application containing the application contents of Section 16-463(c)(3) and (6) for review and approval, denial or approval with conditions by the Technical Review Committee after referral agency review. Any approval of a conceptual Reach II ESA application shall be nonbinding and shall not form the basis of any reliance on the part of the applicant. Technical Review Committee approval of the conceptual Reach II ESA application shall only constitute certification that the applicant may proceed with additional necessary applications for development.

(2)

Prior to processing a preliminary PUD plan, preliminary subdivision, special review, building permit or other final stage review for proposed development within a Reach II ESA, the applicant shall provide the information required by Section 16-463(c)(7), of this Code. After obtaining written comments from the Town's referral agencies, the Technical Review Committee shall approve, deny or approve with conditions such detailed Reach II ESA application. Technical Review Committee approval of the detailed Reach II ESA application shall only constitute certification that the applicant may proceed with additional necessary applications for development.

(3)

Any condition of approval of any Reach II ESA application or any Southside Reach II application may be modified by the Town Council in any subsequent development review process.

(4)

Prior to or concurrent with processing PUD or Subdivision Sketch Plan applications or, at the developer's election, other final stage development permit applications, applicants for development of property within a Southside Reach II ESA may elect to receive a conceptual approval from the Floodplain Administrator prior to preparing detailed plans with regard to preliminary plan, final plan, special review, building permit and other final stage development permits as required below by Subsection (9) ("conceptual Southside Reach II ESA application").

(5)

Prior to or concurrent with processing a preliminary PUD plan, preliminary subdivision, special review, building permit or other final stage or one-step review application for proposed development within a Southside Reach II ESA, the applicant shall provide the information required by Section 16-463(c)(9), Town Code. The Town's Floodplain Administrator shall approve, deny or approve with conditions such detailed Southside Reach II ESA application.

(Ord. 7 §C, 1999; Ord. 25 §§B3—B5, 2000; Ord. 12 §B41, 2003; Ord. 33 §B1, 2003; Ord. 33 §B(Exh. A), 2016)

(a)

Development is prohibited within fifty (50) feet, measured horizontally, from the identifiable high water line on each side of the Roaring Fork River, the Frying Pan River and any other river or stream which has water in it on a year-round basis. Removal of riparian or wetland vegetation is prohibited within fifty (50) feet, measured horizontally, from the identifiable high water line on each side of the Roaring Fork River, the Frying Pan River and any other river or stream which has water in it on a year-round basis.

(b)

In all cases, the requirement described in the preceding sentence shall be a minimum setback requirement. A greater setback may be required (by the Technical Review Committee or by the Town Council as a condition of approval) when:

(1)

Slope equals or exceeds thirty percent (30%);

(2)

Sparsely vegetated or rapidly eroding soils are present;

(3)

The proposed use of the property presents a special hazard to water quality (e.g., storage or handling of hazardous or toxic material);

(4)

The one-hundred-year floodplain exceeds the minimum setback requirement;

(5)

Riverine erosion areas or potentially erodible areas exist that warrant a larger setback as determined by a qualified engineer or through other technical studies; or

(6)

When reasonably necessary to protect riparian or wetland areas or to protect wildlife habitat areas.

(c)

The Town Council may require revegetation, remediation or repair of native vegetation in river setback areas for new development review applications and exemption requests.

(d)

Development along Reach II of the Roaring Fork River is prohibited if such development will have a substantial negative impact on the ability of the Town to implement any portion of the proposed River Master Plan for Reach II of the Roaring Fork River.

(e)

Development within the Southside Reach II ESA of the Roaring Fork River is prohibited if such development will have an adverse impact on adjacent properties or impede the construction of a floodplain improvement included in an adopted Town of Basalt Capital Improvement Plan designed to carry flows back to the Roaring Fork River.

(Ord. 7 §C, 1999; Ord. 25 §(B)(6), 2000; Ord. 33 §B(Exh. A), 2016)

(a)

In addition to the requirements of Article XVII of this Chapter, Flood Damage Prevention, the standards in this Section apply to any mapped one-hundred-year floodplain areas as depicted in the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps for the Town of Basalt and surrounding areas, and areas found to be in the one-hundred-year floodplain areas by additional studies completed by a qualified river hydrology engineer, as may be approved by the Town. Where the one-hundred-year floodplain has not been established, this regulation shall apply to all land within an area which is fifty (50) feet measured horizontally from the existing high water line on any river or stream.

(b)

No development, use, fill construction, excavation, embankment or alteration on or over any portion of the floodplain shall be permitted which would result in any of the following:

(1)

The storage or processing of materials that in times of flooding are buoyant, flammable, explosive or otherwise potentially injurious to human, animal or plant life;

(2)

The disposal of garbage or other solid waste materials;

(3)

Storage of substantial solid debris capable of being carried downstream by flood waters;

(4)

Any alteration or obstruction which would adversely affect the overall environ-mental quality and stability of the adjacent stream channel;

(5)

Substantial increases in sedimentation or erosion;

(6)

Infiltration of floodwaters into on-site water supply and wastewater disposal systems which would impair their functioning or pollute the stream; or

(7)

Damage to or destruction of aquatic ecosystems, including, but not limited to, wetlands and riparian habitat areas.

(8)

Any net increase in the elevation of the floodplain for Reach II ESA properties as shown on the Floodplain Information Report, Roaring Fork River prepared by Matrix Design Group, Inc., dated July 24, 2000.

(9)

Any increase in the elevation of the floodplain for the Southside Reach II ESA properties which exceeds the standards included in Section 16-463(c)(9).

(c)

The following uses shall be permitted in a floodplain to the extent that such uses are not prohibited by any other regulation of this Code and to the extent such uses comply with the guidelines set forth in Subsection (b) above:

(1)

Agriculture uses such as farming, grazing, forestry, sod farming and wild crop harvesting.

(2)

Public and private recreational uses, such as parks, natural swimming areas, golf courses, picnic grounds, wildlife and nature preserves, game farms, fishing, skiing and hiking areas if such uses do not cause concentrations of people or animals in areas during high hazard probability.

(3)

Bridges or other structures for irrigation, drainage, flood control or water diversion may be allowed upon unanimous written approval of plans and specifications by the Technical Review Committee, provided that the impact on the floodplain is minimized, such structures are engineered to prevent blockage of drainage channels during peak water flows and the placement of such structures does not result in the unmitigated loss of wetlands or riparian areas.

(4)

Buildings or structures that are in full compliance with Article XVII of this Chapter, Flood Damage Prevention, may be permitted by the Town Council subject to full compliance with the provisions of this Article, and the additional condition that for residential occupancies, the lowest floor (including any basement) shall be elevated to two (2) feet above the base flood elevation.

(Ord. 7 §C, 1999; Ord. 25 §(B)(7), 2000; Ord. 33 §B1, 2003; Ord. 33 §B(Exh. A), 2016)

(a)

Development is prohibited within riparian and wetland areas. Removal of existing riparian and wetland vegetation is prohibited within riparian and wetland areas.

(b)

If development is permitted or an exemption is granted, an application shall be reviewed according to the following standards:

(1)

For the protection of both terrestrial and aquatic habitat, any development or activity which is permitted within such areas shall incorporate measures designed to maintain existing vegetation, reduce erosion and sedimentation, maintain cold water temperatures and otherwise allow man to function in harmony with, rather than be destructive to, wildlife habitat.

(2)

Removal of vegetation in riparian areas and disturbance of ground cover adjacent to streams shall be avoided to the maximum extent possible. This destroys insect habitat and stream-bank stabilization, removes natural cover that provides shelter and insulation and disrupts the natural filtering action of the landscape. Riparian habitat areas should be allowed to develop naturally since they provide habitat for many birds and insects, shade and insects for fish and den sites for aquatic mammals.

(3)

Permitted land uses which disturb or denude areas of vegetation adjacent to wetland or riparian areas shall be revegetated as soon as reasonably possible and in no case later than thirty (30) days after the beginning of the next growing season, with site specific variation to be allowed for unique species requirements.

(4)

Channelization of streams destroys aquatic habitat and is prohibited. Development shall be designed to fit the existing channel rather than allowing changes in the channel in order to fit the project.

(5)

Placing culverts which may become barriers to fish passage and may plug or wash out during high flows shall not be permitted. Perennial stream channels should be bridged whenever possible. When this is not feasible, culverts shall be designed to avoid plugging and prevent washouts.

(6)

Adequate erosion control measures shall be incorporated in any development site plans. These measures shall include minimization of run-off velocities, diversion of run-off from areas with disturbed soil, development of drainage systems to handle concentrated or increased run-off, grading and construction sequencing to minimize soil exposure and use of best management practices for construction site control.

(7)

Sewer lines shall be designed to avoid leakage of contaminants into the ground water source.

(8)

Changes to the stream channel shall be limited to modifications that improve the stability and overall ecology of the channel as determined by studies completed by a qualified ecologist or river hydrology engineer. No reduction in the channel capacity shall be allowed. Bridge abutments may be permitted where they do not encroach on the flood channel and comply with any other floodplain development and building permit conditions.

(9)

No activity shall be allowed which will increase stream sedimentation and suspension loads.

(10)

All efforts must be made to reduce stream pollution and interference with the natural changes of the stream, and to enhance the value of the stream as an important natural feature.

(11)

In the event there is a trail designated by an approved trail plan within the development site, such trail shall be dedicated for public use and a fisherman's access easement shall be granted, if appropriate.

(12)

Developments otherwise permitted shall maintain water temperature in a normal pattern of diurnal and seasonal fluctuation, with no abrupt changes and shall have no increase in temperature of a magnitude, rate and duration deemed deleterious to the resident aquatic life.

(13)

Development shall maintain the minimum water quality standards established by the Colorado Department of Health and Water Quality Control Commission, Regulation No. 33, Classifications and Numeric Standards for Upper Colorado River Basin and North Platte River (Planning Region 12), as amended July 14, 1997, and as may be further amended and as may be supplemented by regulations adopted by the Town Council.

(14)

Development shall maintain or improve on baseline biological conditions for major streams and lakes affected by the development. For major subdivisions, PUDs, and large site review applications, baseline conditions will be established through water quality monitoring. Specific water quality monitoring requirements including multiple sampling locations and constituents may be established by the TRC or Town Council.

(c)

In addition to the standards included herein, the Town Council may require development be set back up to an additional twenty-five (25) feet from a riparian or wetland area in order to further protect the riparian or wetland area.

(Ord. 7 §C, 1999; Ord. 33 §B1, 2003)

(a)

This Section establishes land use standards for wildlife habitat areas.

(b)

General standards. The standards in this Section apply to all wildlife habitat areas.

(1)

Commercial, industrial or high-impact recreational development, open pit mineral extraction or construction of roads should avoid the habitat areas identified in this Section to the maximum extent possible to minimize impacts on wildlife.

(2)

Residential development shall be clustered outside of habitat areas to the maximum extent possible to minimize impacts on wildlife.

(3)

The removal of vegetation shall be minimized. Disturbed areas shall be promptly revegetated with beneficial browse species such as water birch, Gambel's oak, wild rose, willow, dogwood, aspen, mountain mahogany, chokecherry, serviceberry, bitterbrush, sagebrush, currant, snowberry, hawthorn and mountain alder.

(4)

When existing vegetation must be altered for an access road, utility line or similar uses, an applicant will cooperate with the Town and the Colorado Division of Wildlife to devise a compensation plan acceptable to the Town. Such compensation plan may substitute (in a nearby area on the subject property) vegetation equal in type and quantity to that being removed to mitigate effects on wildlife species.

(5)

Food, cover and water sources beneficial to wildlife shall be preserved to the extent possible. Developments shall mitigate effects of any damage to food, cover and water sources. Special consideration should be given to trees and shrubs with high wildlife food value, especially heavy seed, berry and fruit-producing species. There shall be no net loss of habitat, and the Town shall require mitigation either on- or off-site for beneficial habitat which is removed. The location, type and amount of mitigation shall be subject to the review and approval of the Town and may include in the Town's sole discretion payment of fees in lieu of mitigation, commensurate with the estimated costs of the mitigation requirements to allow the Town to accumulate adequate funds to undertake major mitigation projects.

(6)

Wildlife food species and woody cover along fences should be encouraged as one (1) way of improving wildlife habitat.

(7)

Waterholes, springs, seepage, marshes, ponds and other watering areas should be preserved to the maximum extent possible.

(8)

Endangered species habitat shall be protected.

(9)

All golden eagle, bald eagle or heron nest sites shall be protected by providing at least a two-hundred-meter buffer zone around the nest sites.

(10)

Fences are discouraged. Any fences shall comply with the following standards:

a.

No fence can be wider or have a base greater than twelve (12) inches;

b.

For four-strand wire fences, the top wire shall be a 12½-gauge type at a maximum height of forty-two (42) inches. The wire below the top wire, which may be barbed, should be a minimum of twelve (12) inches below the top wire. The next two (2) wires shall be six (6) inches apart so that there is at least an eighteen-inch distance between the bottom wire and the ground;

c.

Rail fences must be constructed with at least eighteen (18) inches between the ground and the first rail above the ground (preferably twenty-four [24] inches). There shall be eighteen (18) inches between any additional rails. If the top of the rail fence is greater than forty-two (42) inches tall, then a pass through must be provided. All rails must be of the rounded type log or not provide for a flat surface where snow can build up;

d.

In critical locations, the Town may require adjustable wire fences and sliding gates to mitigate impacts of fences in migration corridors;

e.

Fences located on parcels assessed as "agricultural" by the Assessor's Office may be exempted from the fencing requirement; and

f.

Small fenced animal enclosures and garden fences may be approved by the Technical Review Committee.

(11)

Edges (zones of transition between two [2] different habitat types), including riparian/meadow, riparian/mountain shrub, riparian/pinon-juniper, meadow/pinon-juniper and meadow/mountain shrub, must be avoided by development and shall be maintained whenever possible. Many wildlife species utilize edges, which allow easy access to and benefits from both habitats (for example, food from one [1] and cover from another).

(12)

Tall, overly mature trees and standing dead trees should be retained. Dead trees in wooded areas should also be retained. Disturbance or destruction of wildlife den sites shall be prohibited except in certain nuisance cases, like skunks, raccoons and coyotes under homes.

(13)

Domestic pets that are permitted outdoors, including both cats and dogs, are generally discouraged in habitat areas and shall be either in animal enclosures or leashed when outdoors.

(c)

Deer and elk migration patterns/ corridors and highway crossings. Land uses located in deer and elk migration corridors shall comply with Subsection (b) above.

(d)

Deer, elk and bighorn sheep winter range. Land uses located in deer, elk or bighorn sheep winter range shall comply with Subsections (b), (e)(1),(2), (3) and (4) and the following standards:

(1)

Prohibit high-impact recreational uses.

(2)

Kennel dogs within or adjacent to winter range, except for dogs working as a part of an agricultural operation.

(e)

Deer, elk and bighorn sheep winter concentration area/severe winter range/critical habitat. Development is prohibited within deer, elk and bighorn sheep winter concentration areas and severe winter range areas. In the event that there is no ESA-free area on a site, the Town Council may permit development which shall be reviewed according to Subsection (b) above and the following standards.

(1)

Avoid overgrazing of ranges by livestock.

(2)

Restrict development to areas that minimize wildlife impacts.

(3)

Preserve access for the Division of Wildlife for managing wildlife.

(4)

Prohibit commercial activity (such as seismic activity, construction and timber harvesting) and recreational uses from December 1 through March 31.

(5)

Prohibit dogs within or adjacent to elk, mule deer and bighorn sheep severe winter ranges and winter concentration areas, except for dogs working as part of an agricultural operation.

(f)

Deer and elk production areas. Development is prohibited within deer and elk production areas. In the event that there is no ESA-free area on a site, the Town Council may permit development which application shall be reviewed according to Subsection (a) above and the following standards:

(1)

Prohibit development in production areas and prohibit other activities during the calving season of April through May which would disrupt reproduction.

(2)

Prohibit dogs within one-quarter (¼) mile of deer or elk production areas. Kennel dogs within one-half (½) mile of deer or elk production areas.

(3)

Preserve access for the Colorado Division of Wildlife for trapping, tagging or studying wildlife.

(Ord. 7 §C, 1999; Ord. 33 §B1, 2003)

The following activities may be approved by the TRC:

(1)

Remodeling, expansion or reconstruction of existing structures provided that there is no construction or expansion of a structure that would create additional environmental impacts.

(2)

Construction of less than five thousand dollars ($5,000.00) in value, if the Technical Review Committee determines that any environmental impacts are adequately mitigated.

(3)

Development which is exempt by virtue of a vested property right pursuant to a site specific development approval as defined and established by and pursuant to Section 24-68-103, C.R.S., and Section 17-125 of this Code, or which is otherwise exempt pursuant to an ordinance or resolution of the Town Council.

(4)

Alternative fence construction in a wildlife habitat area on recommendation of a qualified wildlife biologist.

(Ord. 7 §C, 1999; Ord. 33 §B1, 2003)