(a)   Purpose. The purpose of the development standards in this Article is to establish the minimum requirements for the development within the City of Creede. The development and design standards in this Article shall apply to the physical layout and design of all development, unless exempted by this Development Code. These provisions address the physical relationship between development and adjacent properties, public streets, neighborhoods, and the natural environment in order to compliment the Comprehensive Plan vision for a more attractive, efficient and livable community.

   (b)   Applicability. The general applicability of the provisions of this Article 5, Development Standards, are more completely defined in this Section. All new development shall comply with the standards of this Article. Any modification to an existing development that is nonconforming to the regulations of this Article which results in an addition or removal of fifty percent (50%) or more of the development, shall require the entire development to come into compliance.

(Ord. 395 §3, 2016)

   (a)   Purpose. The City desires to adopt a compact urban growth policy that encourages and directs development to take place within areas contiguous to existing development in the community. This policy will accomplish several goals, including:

      (1)   Improving air quality by reducing vehicle miles traveled and by promoting alternatives to the private automobile;

      (2)   Preserving natural areas and features, particularly in the periphery of the City;

      (3)   Making possible the efficient use of existing infrastructure and cost effective extensions of new services; and

      (4)   Encouraging in-fill development and reinvestment in built-up areas of the City.

   (b)   Concepts. The following concepts would be considered. Establish a planning area with Mineral County and other neighbors to direct growth within the established planning area boundary to ensure the community grows in a way that enhances the special qualities of our community and maintains a team spirit and interconnectedness. The districts below are a general guide in conjunction with the underlying land use designations on the Comprehensive Plan Future Land Use Map:

      (1)   Primary mixed use. Directs the most dense urban development closest to the heart of City.

      (2)   Primary industrial/business. Establishes the state highway/interstate corridor as the primary location for industrial/business park development.

      (3)   Conservation subdivision. Limits residential density and preserves open space in areas at the edge of the planning area boundary (rural/urban interface).

      (4)   Protected natural areas. Preserves continuous open space along drainage ways and flood channels.

(Ord. 395 §3, 2016)

   (a)   Purpose. The purpose of the block and lot standards is to continue existing block pattern in a manner that is compatible with site-specific environmental conditions.

   (b)   Standards.

      (1)   Blocks (exclusive of conservation subdivisions). Streets shall be designed to create blocks that consider interconnectedness, topography, solar orientation, views and other design features. The lengths, widths and shapes of blocks shall be determined with due regard to the following:

         a.   Provision of adequate building sites suitable to the special needs of the type of use contemplated;

         b.   Need for convenient access, control and safety of vehicular and pedestrian traffic circulation; and

         c.   Limitations and opportunities of topography.

      (2)   Lot dimension and configuration.

         a.   Lot size, width, depth, shape, and orientation and minimum building setback lines shall conform to Article 4, Zone Districts and Official Zoning Map, and shall facilitate the placement of buildings with sufficient access, outdoor space, privacy and view.

         b.   Depth and width of properties shall be adequate to provide for off-street parking, landscaping and loading areas required by the type of use and development contemplated.

         c.   All lots shall have frontage that is either adjacent to or directly accessible to a street. Street frontage shall typically not be less than twenty-five percent (25%) of the lot depth.

         d.   Corner lots for residential use shall have extra width to accommodate side elevation enhancements, such as porches and bay windows, the required building setback and utility easements on both street frontages. For a corner lot, the front of the lot is defined as the side having the shortest street frontage. In the case of a reverse corner lot, both sides abutting a street shall maintain a front yard setback.

         e.   Double frontage lots for residential shall not be permitted except where essential to provide separation of residential properties from arterial streets or commercial uses, or to overcome specific disadvantage of topography and orientation. A planting screen easement of at least ten (10) feet in width, across which there shall be no vehicular right of access, may be required along the property line of lots abutting an arterial or other disadvantageous use.

         f.   Residential lot access to adjacent street. Driveway access to a local or collector street from a single-family detached residential lot shall be limited to one driveway curb-cut or driveway access of no greater than twenty (20) feet in width. A circular drive in which each access to the local or collector street is less than ten (10) feet in width, separated by at least thirty (30) feet and which is constructed as an integral part of the overall architectural design of the single family residence may be considered as a single driveway access.

(Ord. 395 §3, 2016)

   (a)   Purpose. The purpose of the street standards is to establish a safe, efficient, attractive transportation system that promotes all modes of transportation and is sensitive to the environment.

   (b)   Standards. The local street system of any proposed development shall be designed to be safe, efficient, convenient and attractive, and consider the use by all modes of transportation that will use the system. Streets should be an inviting public space and an integral part of community design. Local streets shall provide for both intra- and inter-neighborhood connections to knit developments together, rather than forming barriers between them. All streets should interconnect to help create a comprehensive network of public areas to allow free movement of cars, bicycles and pedestrians.

      (1)   Street connections. All streets shall be aligned to join with planned or existing streets as allowed by topography. All streets shall be designed to bear a logical relationship to the topography of the land. Intersections of streets shall be at right angles unless otherwise approved by the City. Street intersections shall be separated by not less than one hundred twenty-five (125) feet as measured from the intersecting right-of-way lines.

      (2)   Street layout. The street layout shall form an interconnected system of streets primarily in a grid or modified pattern adapted to the topography, unique natural features, environmental constraints and peripheral open space areas. The street layout shall emphasize the location of neighborhood focus points, other internal open space areas, gateways and vistas. The use of cul-de-sacs and other roadways with a single point of access shall be minimized. The integration of traffic calming features within and adjacent to residential areas shall be utilized when appropriate. All streets shall be designed with snow removal taken into consideration.

      (3)   Visibility at intersections. No shrubs, ground cover, berms, fences, structures, or other materials or items greater than thirty (30) inches in height shall be planted, created or maintained at street intersections within the site distance triangle. Trees shall not be planted in the site distance triangle.

      (4)   Pedestrian crossings at street intersections and mid-block. Pedestrian crossings shall be accessible to handicapped individuals and mid-block crossings may be required at the direction of the Board of Trustees.

      (5)   Horizontal alignment. Horizontal alignment shall provide for the safety of pedestrians, bicyclists and motorists. The street pattern shall be the most advantageous to serve the adjoining areas.

      (6)   Vertical alignment. No vertical grade shall be less than four-tenths percent (0.04%) in order to facilitate adequate drainage. The maximum percent of street grade, except as approved by the City Engineer, shall be five percent (5%). Street grades shall not exceed four percent (4%) for a distance extending at least forty (40) feet in each direction from a street intersection.

      (7)   Access. Access to all subdivisions should be from a public street system. Driveways shall be discouraged to have direct access to arterials or state highways (Principal Arterials).

      (8)   Street right-of-way dedication. The full width of right-of-way for all streets being platted must be dedicated to the City and the streets shall be completed to City standards before acceptance by the City. The subdivider shall finalize an agreement with the City which guarantees the construction of the street to City standards.

      (9)   Perimeter streets. When a street is dedicated which ends on the plat, the street right-of-way must be dedicated to the boundary of the plat.

   (c)   Street standards. The width of street right-of-way and the design of the street it contains shall be designed by an engineer and approved by the City Engineer.

      (1)   Local streets.

         a.   Local streets shall generally follow a modified grid pattern adapted to the topography, unique natural features, environmental constraints and peripheral open space areas. These streets shall generally parallel the arterial and collector street system, provide a variety of route options, interconnect to allow traffic to disperse in an equitable manner and be as narrow as possible without sacrificing the ability to accommodate expected traffic and services.

         b.   Right-of-way requirements for local streets with detached sidewalk: Fifty (50) feet of right-of-way.

      (2)   Alleys.

         a.   Alleys shall be treated as public ways, and any lot having access from an alley shall also front upon a public street.

         b.   Garages, accessory dwellings above garages and rear yards may access the collector and local street system via an alley with minimal travel through other land uses.

         c.   Right-of-way requirements for residential alleys: Fifteen (15) feet of right-of-way.

         d.   Right-of-way requirements for commercial/industrial alley: Fifteen (15) feet of right-of-way.

(Ord. 395 §3, 2016)

   (a)   Purpose. The purpose of this Section is to provide adequate parking for motor vehicles while minimizing the visual impact of parking lots and structures.

   (b)   Standards. In all zone districts, off-street parking facilities for the storage of self-propelled motor vehicles for the use of occupants, employees and patrons of the building or structures hereafter erected, altered or extended shall be provided and maintained as herein prescribed.

   (c)   Parking restrictions for excess weight vehicles and recreational vehicles.

      (1)   The owner or operator of any vehicle weighing in excess of ten thousand (10,000) pounds, other than emergency vehicles, shall not park said vehicle on any public right-of-way or roadway, except when making local deliveries, nor shall excess weight vehicles, boats, boat trailers, tractors, trailers, semi-trailers, motor homes, buses or detached/dismounted campers be parked or kept on private property for longer than seventy-two (72) hours, except as herein provided.

      (2)   No boat, boat trailer, tractor, trailer, semi-trailer, motor home, bus or detached/dismounted camper shall be kept or parked upon any public right-of-way or roadway, except for visitation purposes not exceeding twenty-four (24) hours.

      (3)   All excess weight vehicles, boats, boat trailers, motor homes, buses or detached/dismounted campers kept or stored on private residential property for longer than seventy-two (72) hours shall be kept or stored in the rear yard screened from view or within an enclosed building. No such vehicle shall be used for storage or as a business or residential premises.

      (4)   All excess weight vehicles, boats, boat trailers, tractors, trailers, semi-trailers, motor homes, buses or detached/dismounted campers kept or stored on private property for longer than seventy-two (72) hours shall be kept or stored in a yard screened from view or within an enclosed building. The property where storage occurs must be properly zoned for the use. No such vehicle shall be used for storage or as a business or residential premises.

      (5)   No mobile home may be located permanently in any residential area unless it is zoned for the same.

(Ord. 395 §3, 2016)

   (a)   Purpose. The purpose of the standards for sidewalks, multi-use pathways and trails is to assure a safe, convenient, and attractive pedestrian/bicycle system that minimizes conflicts between vehicles, bicycles and pedestrians.

   (b)   Standards.

      (1)   Interconnected network. A sidewalk network that interconnects all dwelling units with other dwelling units, non-residential uses and common open space may be required throughout each development.

      (2)   Sidewalk width. Where sidewalks are installed they shall be a minimum of five (5) feet wide along local streets.

      (3)   Sidewalk location. Sidewalks shall be located within the right-of-way unless otherwise authorized by the Board of Trustees.

      (4)   Sidewalk installation. Sidewalks and related improvements shall be installed or constructed by the developer in accordance with plans and specifications approved by the City and, after installation or construction, they shall be subject to inspection and approval by the City. All required improvements shall be completed in accordance with the officially established grades.

      (5)   Accessibility. Sidewalks and plazas shall be accessible to handicapped individuals in accordance with the Americans with Disabilities Act requirements.

      (6)   Multi-use pathways and trails (bikeways). Multi-use pathways shall be provided to link internal open space areas with peripheral open space areas and shall connect to multi-use pathway routes throughout the community where appropriate.

(Ord. 395 §3, 2016)

   (a)   Utility easement width. Easements may be more or less than widths stated if the specific utility indicates in writing a width other than those required by this Development Code. Utility easements shall be subject to the approval of the City and applicable utility company.

   (b)   Multiple installations within easements. Easements shall be designed so as to provide efficient installation of utilities. Public utility installations shall be located as to permit multiple installations within the easements. The developer will establish final utility grades prior to utility installations.

   (c)   Underground utilities. Telephone lines, electric lines, cable television lines and other like utility services shall be placed underground in conduit. The subdivider shall be responsible for complying with the requirements of this Subsection, and shall make the necessary arrangements including any construction or installation charges with each utility provider for the installation of such facilities. Transformers, switching boxes, meter cabinets, pedestals, ducts and other facilities necessarily appurtenant to such underground utilities shall be placed underground or on the surface but not on utility poles. Screening or fencing is required to the satisfaction of the Board of Trustees. Electric transmission and distribution feeder lines and necessary appurtenances thereto may not be placed above ground unless they are carrying greater than 115 kV. Such facilities shall be placed within easements or public streets, as therein provided, or upon private easements or rights-of-way provided for particular facilities.

   (d)   Street lighting. Street lighting and associated underground street lighting supply circuits shall be installed. The requirements should meet the minimum standards associated with the generally accepted lighting and supplies in the area at the time. Arterial streets and commercial areas may have a higher level of lighting requirements as determined by the Board of Trustees.

(Ord. 395 §3, 2016)

   (a)   Purpose. To ensure that a comprehensive, integrated network of parks and open space is developed and preserved as the community grows.

   (b)   Ownership and maintenance of open space.

      (1)   The City shall own and maintain neighborhood parks, community parks, district parks and public trails.

      (2)   Pocket parks, landscaped out-lots, and private recreational facilities shall be owned and maintained by a homeowners' association or the landowner.

      (3)   Environmentally sensitive, archaeological and historic resources may be dedicated to the City and maintained by the City if approved by the Board of Trustees.

      (4)   Conservation areas set aside as part of a conservation subdivision shall be owned and maintained by the homeowners' association.

      (5)   Storm water detention and retention areas that function as open space shall be owned and maintained by a homeowners' association or the landowner, unless otherwise approved by the City.

      (6)   Areas designated as open space shall be maintained according to the designated function of the area. Applicants shall work with the National Resources Conservation Service to develop a management plan which addresses: irrigation, revegetation, erosion control and weed management. If the area is to remain in private ownership, a mechanism which will assure maintenance will be funded in perpetuity must be in place at the time of final plat.

   (c)   Open space protection. Areas designated as open space shall be protected by a deed restriction or other appropriate method to ensure that they cannot be subdivided or developed in the future and remain open in perpetuity. They may be dedicated to the public or held in private ownership. Appropriate ownership will be determined through the review process in cooperation with the landowner. Future use may include recreational or agricultural activities if approved by the City.

   (d)   Open space requirements.

      (1)   Open space includes:

         a.   Areas within the community designated for the common use of the residents of an individual development and/or the community at large;

         b.   Areas designated for preservation and protection of environmental resources including floodplains, natural drainage ways, and wetland areas;

         c.   Areas impacted by subsidence;

         d.   Areas designated for agricultural preservation; and

         e.   Areas of archeological and historic significance.

      (2)   Open space shall not include the following:

         a.   Required setback areas around oil and gas production facilities;

         b.   Disconnected remnants of land created by division of sites into lots or parcels that do not qualify as functional open space or that preserve environmental resources, unless approved by the Board of Trustees;

         c.   Private yards;

         d.   Tree lawns in street rights-of-way; or

         e.   Required parking lot landscaping associated with all uses, except parking specifically designated for access to open space areas and within commercial/industrial projects.

      (3)   Amount of open space required. The amount of functional open space required in each development will be based on the density of the development, the recreational requirements of the anticipated users and the anticipated opportunities for public recreation within walking distance of the site one-quarter (0.25) mile. However, all residential subdivisions shall dedicate a minimum of twelve percent (12%) of the gross land area for public parks, trails, open space or other civic purposes at the time of subdivision. Non-residential subdivisions shall dedicate twelve percent (12%) of the gross land area for public parks, trails, open space and other civic purposes at the time of subdivision. This dedication can be credited toward the overall open space required for the subdivision.

(Ord. 395 §3, 2016)

   (a)   Purpose. The purpose of the dedication and/or payment is to provide the public facilities and/or services made necessary as a consequence of the site development, in an amount roughly proportional to the impact of the site development upon such facilities and/or services or the increased need for them brought about by the site development. The developer shall have the option, in its sole discretion, to accept the City's calculation of the required dedication, or to perform such studies as are necessary to demonstrate the actual impact of the site development upon public services and facilities and the resulting appropriate dedication or other contribution.

   (b)   Amount of land dedicated. The developer shall dedicate public sites for parks, open space or other civic purposes prior to final approval for all site developments in accordance with the following requirements:

      (1)   Percentage dedication. Dedication of such sites and land areas to the City, or to the public, which dedication shall be a minimum of ten percent (10%) of the total gross area of the land within the proposed subdivision at the time of subdivision. This land dedication will be credited toward the overall open space required for each subdivision; or

      (2)   Fee-in-lieu of dedication. As determined by the Board of Trustees, the developer shall pay fee-in-lieu of land dedication in those cases where dedication of land is not the preferred alternative. Such payment shall be based on the fair market value of the entire property, to be determined after completion of the platting process. Such payment shall be held by the Board of Trustees for the acquisition of sites and land areas by the City. At the option of the Board of Trustees, the subdivider may meet the dedication requirements of this Section through a combination of fee-in-lieu and land dedication.

(Ord. 395 §3, 2016)

   (a)   Purpose. It is declared to be the policy of the City, whenever there is an annexation of property into the City for residential development purposes, a proposed increase of residential use resulting from rezoning a property, an amendment to a planned unit development, or development of subdivision, the owner of the land shall provide land for school needs generated by the proposed residential use. It is the purpose of this Section to require the dedication of land or the payment of fees in lieu thereof directly for the benefit of the schools of the City.

   (b)   Amount of land dedicated. Land shall be dedicated or conveyed for a public school site to the Creede School District #1 ("School District"), or in the event the dedication of land is not deemed feasible or in the best interests of the School District as determined by the Superintendent or designee of the School District, payment in-lieu of land dedication or conveyance shall be required. The amount of contribution of either land or payment in-lieu of land shall be determined pursuant to the following formula:

      (1)   Single-family and duplex or primary secondary: Number of units x .014495 = dedication requirement in acres.

      (2)   Multi-family: Number of units x .002676 = dedication requirement in acres.

   (c)   Conveyance. In the event the school site dedication includes dedication of land, prior to recording the final plat the following items shall be completed:

      (1)   The land shall be conveyed to the School District, by general warranty deed, title to the land slated for dedication, which title is free and clear of all liens, encumbrances and exceptions (except those approved in writing by the School District), including, without limitation, real property taxes, which will be prorated to the date of conveyance or dedication.

      (2)   Proof of the dedication or conveyance shall be provided to the City.

      (3)   At the time of dedication or conveyance, a title insurance commitment and policy in an amount equal to the fair market value of the dedicated property shall be provided.

      (4)   The public improvement agreement shall provide for the installation of the streets adjacent to the school site, the installation of water, sewer and other public utilities to the school site and over lot grading of the school site.

   (d)   Cash in-lieu of land dedication. In the event the school site dedication includes payment in-lieu of the dedication of land, prior to the issuance of any building permit for any residential dwelling unit not otherwise exempt under §9-5-100 below, cash in-lieu shall be paid to the City on behalf of the School District. The City, in cooperation with the School District, shall establish cash in-lieu of land dedication fees under a separate ordinance.

   (e)   Storm drainage facilities; purpose. To promote innovative and effective land and water management techniques that protect and enhance water quality. All storm drainage facilities will be designed by an engineer, recommended by the City Engineer and approved by the Board of Trustees.

(Ord. 395 §3, 2016)

   (a)   Purpose. The City has the following four distinctly different commercial/industrial types of development within its planning area: Downtown (B-1); Mixed Use Highway (B-2); Commercial (C); and Industrial (I). They are different in character, purpose, and mixture of uses. The design considerations vary for each type, although there are many common design elements outlined below.

   (b)   Standards.

      (1)   Connections. Commercial developments must be linked with surrounding areas by extending City streets, sidewalks, and/or paths directly into and through the development, thereby providing convenient, direct pedestrian, bicycle and vehicle access to and from all sides of the development.

      (2)   Accessibility. Developments must be accessible to pedestrians and bicyclists as well as motorists. The emphasis must not be placed solely on parking and drive-through functions. Site plans shall equally emphasize the following:

         a.   Pedestrian access to the site and buildings;

         b.   Gathering areas for people; and

         c.   Auto access and parking lots.

      (3)   Walkways. Walkways must be located and aligned to directly and continuously connect areas or points of pedestrian origin and destination, and not be located and aligned solely based on the outline of a parking lot configuration that does not provide such direct pedestrian access.

      (4)   On-street parking. Streets and other elements of the site plan shall be designed so that on-street parking is a functional part of the development (except along arterial streets).

      (5)   Building orientation. Where possible, buildings shall be located to front on and relate primarily to streets. Building setbacks from local and collector streets should be minimized in order to establish a visually continuous, pedestrian-oriented street front. In the case of large buildings for employment, storage or auto-related uses, where greater setbacks are needed, a minimum of thirty (30%) percent of the building shall be brought to the setback line. If a minimized setback is not maintained, the larger setback area shall have landscaping, low walls or fencing, a tree canopy and/or other site improvements along the sidewalk designed for pedestrian interest, scale and comfort.

   (c)   Industrial/business park architectural standards.

      (1)   Purpose. State Highway 149 provides the opportunity to localize industrial/business park development, as well as highway commercial. The following standards shall apply.

      (2)   Building massing and form.

         a.   Office and entry spaces shall be distinguished from the building mass.

         b.   Large, square, "box-like" structures are not an acceptable form. Architectural elements with smaller forms stepping outwards and down shall be included.

         c.   Loading areas shall not front any street or public right-of-way if at all possible.

         d.   Parking requirements shall be provided to the extent possible at the rear or sides of the building.

      (3)   Siting structures.

         a.   Structures shall be sited to avoid a "wall" affect along public rights-of-way and along adjacent property lines. This can be achieved by varying the building setbacks and clustering buildings.

         b.   Where multiple buildings are proposed on a development parcel, buildings shall be oriented to allow views into the project and shall preserve high quality views through the project (e.g. views of the mountains).

(Ord. 395 §3, 2016)

   (a)   Purpose. To create an attractive lighting system to enhance visibility and safety, while minimizing glare and contrast. To encourage exterior lighting that is functional, aesthetically pleasing and complimentary to the architectural style of buildings.

   (b)   Standards.

      (1)   Evaluation of exterior lighting. Exterior lighting shall be evaluated in the development review process to ensure that the functional and security needs of the project are met in a way that does not adversely affect the adjacent properties or neighborhood. The degree to which exterior night lighting affects a property owner or neighborhood will be examined considering the light source, level of illumination, hours of illumination and need for illumination in relation to the effects of the lighting on the adjacent property owners and the neighborhood.

      (2)   Light style. The style of lights shall be consistent with the style and character of architecture proposed on the site. Light fixtures that illuminate signage shall be compatible with the architecture of the building on which they are placed.

      (3)   Concealed light source. Light sources shall be concealed or shielded to the maximum extent feasible to minimize the potential for glare and unnecessary diffusion on adjacent property and away from the vision of passing motorists. All lights shall be directed downward and the light source shall be equipped with "cut-off" devices so that it will not be visible from any adjacent property and to ensure that ambient skyward light is eliminated. Accent and flagpole lighting shall be permitted to be directed upward as long as the light source is shielded and not visible from any adjacent property. Light fixtures installed under canopies, awnings, overhangs and the like shall be fully recessed.

      (4)   Hours of lighting operation. All parking lot lighting fixtures and exterior building lights, except those required for security purposes, shall be extinguished within one (1) hour after the end of business hours and remain extinguished until one (1) hour prior to the beginning of business hours. If a portion of a parking lot is used after dark, only that portion shall be lighted.

      (5)   Height standards for lighting.

         a.   Residential zoning districts. Light fixtures shall be mounted on concrete, fiberglass or painted metal poles no higher than sixteen (16) feet from the ground. Lighting mounted on a building or structure shall not exceed the height of the building or structure. Bollard-type lighting fixtures shall be between three (3) and four (4) feet high.

         b.   Non-residential zoning districts. Light fixtures shall be mounted on concrete, fiberglass or painted metal poles no higher than twenty-five (25) feet from the ground, unless a greater height, not to exceed the maximum building height in the applicable zone district, is approved by the variance process found in §9-3-90, Variance. Lighting mounted on a building or structure shall not exceed the height of the building or structure. Bollard-type lighting fixtures shall be between three (3) and four (4) feet high.

      (6)   Exemption for outdoor recreational uses. Because of their limited hours of operation and their unique requirements for nighttime visibility, ball diamonds, playing fields, tennis courts, and other similar outdoor recreational uses (both public and private, unless otherwise restricted by the Board of Trustees) shall be exempt from the general provisions of this Section. However, exterior lighting for such uses shall be extinguished no later than 11:00 p.m.

(Ord. 395 §3, 2016)

   (a)   Purpose. The purpose of this Section is to ensure that new development attempts limits/mitigates its impact to wildlife and wildlife habitat and that it minimizes environmental impacts.

   (b)   Standards.

      (1)   Protection of wildlife and natural areas. To the maximum extent practical, development shall be designed to ensure that disturbances which occur to any natural area as a result of development shall be minimized through the use of natural buffer zones. If any development materially disturbs a natural area, the development project shall mitigate such lost natural resource either on or off-site. Any such mitigation shall be roughly proportional to the loss suffered as a result of the disturbance.

         a.   Natural areas shall include:

            1.   Floodplains and floodways;

            2.   Natural drainage and water ways;

            3.   Significant native trees and vegetation; and

            4.   Wildlife travel corridors.

         b.   The natural area buffer zone shall be used between natural areas and proposed development to ensure that the proposed development does not degrade the natural area. The size of the buffer zone shall be determined in conjunction with the Colorado Division of Wildlife or a City approved wetland or wildlife ecologist. The City may decrease this buffer when strict application of this Subsection will impose an exceptional and undue hardship upon the property owner or developer.

   (c)   Exceptions. The Board of Trustees may allow disturbance or construction activity within the natural area or natural area buffer zone for the following limited purposes:

      (1)   Mitigation of development activities;

      (2)   Restoration of previously degraded areas;

      (3)   Emergency public safety activities and utility installations when such activities and installations cannot reasonably be contained within other nearby developed areas;

      (4)   Construction of a trail that will provide public access for educational or recreational purposes; or

      (5)   The enhancement of the habitat value and/or other natural resource values of a natural area.

   (d)   Ecological characterization. If the City determines that the site likely includes areas with wildlife, plant life, and/or other natural characteristics in need of protection, the City may require the developer to provide a report prepared by a professional qualified in the areas of ecology, wildlife biology or other relevant discipline. The ecological characterization report should be included on the open space plan and describe the following:

      (1)   The wildlife use of the natural area showing the species of the wildlife using the area, the times or seasons the areas is used by those species and the "value" (meaning feeding, watering, cover, nesting, roosting, perching) that the area provides for such wildlife species;

      (2)   The boundary of wetlands in the area and a description of the ecological functions and characteristics provided by those wetlands;

      (3)   Any prominent views from or across the site;

      (4)   The pattern, species, and location of any significant native trees and other native site vegetation;

      (5)   The bank, shoreline and high water mark of any perennial stream or body of water on the site;

      (6)   Wildlife travel corridors; and

      (7)   The general ecological functions provided by the site and its features.

   (e)   Wildlife conflicts. If wildlife that may create conflicts for the future occupants of the development (including, but not limited to, prairie dogs, beaver, deer and elks) are known to exist in areas adjacent to or on the development site, then the development plan must, to the extent reasonably feasible, include provisions such as barriers, protection mechanisms for landscaping and other site features to minimize conflicts that might otherwise exist between such wildlife and the developed portion of the site. Any impacts to wildlife must be referred to the Colorado Division of Wildlife and, in the case of threatened or endangered species, United States Fish and Wildlife Services.

   (f)   Green building practices. The City seeks to promote the utilization of building practices which benefit the environment and the socio-economic well-being of current and future residents.

      (1)   Resource areas. There are five resource areas which should be addressed by a green building program:

         a.   Water (quality and quantity);

         b.   Energy (quantity and type);

         c.   Building materials (life cycle impacts);

         d.   Solid waste (construction and operation impacts); and

         e.   Health and safety.

      (2)   Compliance. Compliance with the requirements of the U.S. Green Building Council Leadership in Energy and Environmental Design program or any substantially similar green building program is strongly encouraged.

(Ord. 395 §3, 2016)

   All residential, commercial and industrial uses which have human occupancy shall have sanitary sewer at the developer's cost. The sanitary sewer system shall be connected to an existing public sanitary sewer system and shall consist of a closed system of sanitary sewer mains and lateral branch connections to each structure or lot upon which a structure is to be built. Sanitary sewer lines are to be of sufficient size and design to collect all sewage from all proposed or portable structures within the subdivision or development. On a case-by-case basis, the Board of Trustees may approve individual sewage disposal systems that comply with Mineral County Health Department standards. However, no new addition, upgrade or major repair to an individual sewage disposal system will be permitted if the property is located within four hundred (400) feet of a municipal or sanitation district collection line, measured through existing sewer easements or utility rights-of-way, except where approved by the Board of Trustees or the Mineral County Health Department.

(Ord. 395 §3, 2016)

   All residential, commercial and industrial uses, which have human occupancy, shall have potable water served by the City or appropriate water district at the developer's cost. The water system shall be of sufficient size and design to supply potable water to each structure or lot upon which a structure is to be built at the developer's cost.

(Ord. 395 §3, 2016)

   The subdivider shall install fire hydrants at street intersections and at other points as per the requirements of the Mineral County/Creede Fire Protection District. Fire hydrants shall have national standards threads, two and one-half (2.5) inch outlets and four and one-half (4.5) inch or six (6) inch streamers, built at the developer's cost.

(Ord. 395 §3, 2016)