The Legislature of the State of Colorado has, in Section 31-23-301 of the Colorado Revised Statutes, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the Board of Trustees of the Town of Milliken, Colorado, has adopted the floodplain management regulations set forth in this Division.

(Ord. 809, § 1, 10-25-2023)

(a)

The flood hazard areas of Town of Milliken are subject to periodic inundation, which can result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the health, safety and general welfare of the public.

(b)

These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage.

(Ord. 809, § 1, 10-25-2023)

It is the purpose of this Division to promote public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(1)

Protect human life and health;

(2)

Minimize expenditure of public money for costly flood control projects;

(3)

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(4)

Minimize prolonged business interruptions;

(5)

Minimize damage to critical facilities, infrastructure and other public facilities such as water, sewer and gas mains; electric and communications stations; and streets and bridges located in floodplains;

(6)

Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and

(7)

Insure that potential buyers are notified that property is located in a flood hazard area.

(Ord. 809, § 1, 10-25-2023)

In order to accomplish its purposes, this Division uses the following methods:

(1)

Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;

(2)

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(3)

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters;

(4)

Control filling, grading, dredging and other development which may increase flood damage;

(5)

Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.

(Ord. 809, § 1, 10-25-2023)

Unless specifically defined below, words or phrases used in this Division shall be interpreted to give them the meaning they have in common usage and to give this Division its most reasonable application.

100-Year Flood means a flood having a recurrence interval that has a one-percent chance of being equaled or exceeded during any given year (1-percent-annual-chance flood). The terms "one-hundred-year flood" and "one percent chance flood" are synonymous with the term "100-year flood." The term does not imply that the flood will necessarily happen once every one hundred (100) years.

100-Year Floodplain means the area of land susceptible to being inundated as a result of the occurrence of a one-hundred-year flood.

500-Year Flood means a flood having a recurrence interval that has a 0.2-percent chance of being equaled or exceeded during any given year (0.2-percent-chance-annual-flood). The term does not imply that the flood will necessarily happen once every five hundred (500) years.

500-Year Floodplain means the area of land susceptible to being inundated as a result of the occurrence of a five-hundred-year flood.

Addition means any activity that expands the enclosed footprint or increases the square footage of an existing structure.

Alluvial Fan Flooding means a fan-shaped sediment deposit formed by a stream that flows from a steep mountain valley or gorge onto a plain or the junction of a tributary stream with the main stream. Alluvial fans contain active stream channels and boulder bars, and recently abandoned channels. Alluvial fans are predominantly formed by alluvial deposits and are modified by infrequent sheet flood, channel avulsions and other stream processes.

Area of Shallow Flooding means a designated Zone AO or AH on a community's Flood Insurance Rate Map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Base Flood means the flood which has a one percent chance of being equaled or exceeded in any given year (also known as a 100-year flood). This term is used in the National Flood Insurance Program (NFIP) to indicate the minimum level of flooding to be used by a community in its floodplain management regulations.

Base Flood Elevation (BFE) means the elevation shown on a FEMA Flood Insurance Rate Map for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE that indicates the water surface elevation resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year.

Basement means any area of a building having its floor sub-grade (below ground level) on all sides.

Channel means the physical confine of stream or waterway consisting of a bed and stream banks, existing in a variety of geometries.

Channelization means the artificial creation, enlargement or realignment of a stream channel.

Code of Federal Regulations (CFR) means the codification of the general and permanent Rules published in the Federal Register by the executive departments and agencies of the Federal Government. It is divided into 50 titles that represent broad areas subject to Federal regulation.

Community means any political subdivision in the state of Colorado that has authority to adopt and enforce floodplain management regulations through zoning, including, but not limited to, cities, towns, unincorporated areas in the counties, Indian tribes and drainage and flood control districts.

Conditional Letter of Map Revision (CLOMR) means FEMA's comment on a proposed project, which does not revise an effective floodplain map, that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodplain.

Critical Facility means a structure or related infrastructure, but not the land on which it is situated, as specified in 16-4-135, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood. See 16-4-135 of this Division.

Development means any man-made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

DFIRM Database means database (usually spreadsheets containing data and analyses that accompany DFIRMs). The FEMA Mapping Specifications and Guidelines outline requirements for the development and maintenance of DFIRM databases.

Digital Flood Insurance Rate Map (DFIRM) means FEMA digital floodplain map. These digital maps serve as "regulatory floodplain maps" for insurance and floodplain management purposes.

Elevated Building means a non-basement building (i) built, in the case of a building in Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.

Existing Manufactured Home Park or Subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

Expansion to an Existing Manufactured Home Park or Subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Federal Register means the official daily publication for Rules, proposed Rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents.

FEMA means Federal Emergency Management Agency, the agency responsible for administering the National Flood Insurance Program.

Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of water from channels and reservoir spillways;

(2)

The unusual and rapid accumulation or runoff of surface waters from any source; or

(3)

Mudslides or mudflows that occur from excess surface water that is combined with mud or other debris that is sufficiently fluid so as to flow over the surface of normally dry land areas (such as earth carried by a current of water and deposited along the path of the current).

Flood Insurance Rate Map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the Special Flood Hazard Areas and the risk premium zones applicable to the community.

Flood Insurance Study (FIS) means the official report provided by the Federal Emergency Management Agency. The report contains the Flood Insurance Rate Map as well as flood profiles for studied flooding sources that can be used to determine Base Flood Elevations for some areas.

Floodplain or Flood-Prone Area means any land area susceptible to being inundated as the result of a flood, including the area of land over which floodwater would flow from the spillway of a reservoir.

Floodplain Administrator means the community official designated by title to administer and enforce the floodplain management regulations.

Floodplain Development Permit the a permit required before construction or development begins within any Special Flood Hazard Area (SFHA). If FEMA has not defined the SFHA within a community, the community shall require permits for all proposed construction or other development in the community including the placement of manufactured homes, so that it may determine whether such construction or other development is proposed within flood-prone areas. Permits are required to ensure that proposed development projects meet the requirements of the NFIP and this floodplain management Division.

Floodplain Management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.

Floodplain Management Regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance), municipal code provisions addressing such matters, and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Flood Control Structure means a physical structure designed and built expressly or partially for the purpose of reducing, redirecting, or guiding flood flows along a particular waterway. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

Floodproofing means any combination of structural and/or non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway (Regulatory Floodway) means the channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. The Colorado statewide standard for the designated height to be used for all newly studied reaches shall be one-half foot (six inches). Letters of Map Revision to existing floodway delineations may continue to use the floodway criteria in place at the time of the existing floodway delineation.

Freeboard means the vertical distance in feet above a predicted water surface elevation intended to provide a margin of safety to compensate for unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood such as debris blockage of bridge openings and the increased runoff due to urbanization of the watershed.

Functionally Dependent Use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Highest Adjacent Grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic Structure means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of the Interior or;

b.

Directly by the Secretary of the Interior in states without approved programs.

Letter of Map Revision (LOMR) means FEMA's official revision of an effective Flood Insurance Rate Map (FIRM), or Flood Boundary and Floodway Map (FBFM), or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA).

Letter of Map Revision Based on Fill (LOMR-F) means FEMA's modification of the Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway.

Levee means a man-made embankment, usually earthen, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. For a levee structure to be reflected on the FEMA FIRMs as providing flood protection, the levee structure must meet the requirements set forth in 44 CFR 65.10.

Levee System means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

Lowest Floor means the lowest floor of the lowest enclosed area (including basement). Any floor used for living purposes which includes working, storage, sleeping, cooking and eating, or recreation or any combination thereof. This includes any floor that could be converted to such a use such as a basement or crawl space. The lowest floor is a determinate for the flood insurance premium for a building, home or business. An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood insurance Program regulations.

Manufactured Home means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle".

Manufactured Home Park or Subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Mean Sea Level, for purposes of the National Flood Insurance Program, means the North American Vertical Datum (NAVD) of 1988 or other datum, to which Base Flood Elevations shown on a community's Flood Insurance Rate Map are referenced.

Material Safety Data Sheet (MSDS) means a form with data regarding the properties of a particular substance. An important component of product stewardship and workplace safety, it is intended to provide workers and emergency personnel with procedures for handling or working with that substance in a safe manner, and includes information such as physical data (melting point, boiling point, flash point, etc.), toxicity, health effects, first aid, reactivity, storage, disposal, protective equipment, and spill-handling procedures.

National Flood Insurance Program (NFIP) means FEMA's program of flood insurance coverage and floodplain management administered in conjunction with the Robert T. Stafford Relief and Emergency Assistance Act. The NFIP has applicable Federal regulations promulgated in Title 44 of the Code of Federal Regulations. The U.S. Congress established the NFIP in 1968 with the passage of the National Flood Insurance Act of 1968.

New Construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

New Manufactured Home Park or Subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

No-Rise Certification means a record of the results of an engineering analysis conducted to determine whether a project will increase flood heights in a floodway. A No-Rise Certification must be supported by technical data and signed by a registered Colorado Professional Engineer. The supporting technical data should be based on the standard step-backwater computer model used to develop the 100-year floodway shown on the Flood Insurance Rate Map (FIRM) or Flood Boundary and Floodway Map (FBFM).

Physical Map Revision (PMR) means FEMA's action whereby one or more map panels are physically revised and republished. A PMR is used to change flood risk zones, floodplain and/or floodway delineations, flood elevations, and/or planimetric features.

Recreational Vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

400 square feet or less when measured at the largest horizontal projections;

(3)

Designed to be self-propelled or permanently towable by a light duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Special Flood Hazard Area means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year, i.e., the 100-year floodplain.

Start of Construction means the date the building permit was issued, including substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure means a walled and roofed building, including a gas or liquid storage tank, which is principally above ground, as well as a manufactured home.

Substantial Damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent of the market value of the structure just prior to when the damage occurred.

Substantial Improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before "Start of Construction" of the improvement. The value of the structure shall be determined by the local jurisdiction having land use authority in the area of interest. This includes structures which have incurred "Substantial Damage", regardless of the actual repair work performed. The term does not, however, include either:

(1)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions or

(2)

Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure."

Threshold Planning Quantity (TPQ) means a quantity designated for each chemical on the list of extremely hazardous substances that triggers notification by facilities to the State that such facilities are subject to emergency planning requirements.

Variance means a grant of relief to a person from the requirement of this Division when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this Division. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations).

Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

Water Surface Elevation means the height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

(Ord. 809, § 1, 10-25-2023)

This Division shall apply to all Special Flood Hazard Areas and areas removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F) within the jurisdiction of Town of Milliken Colorado.

(Ord. 809, § 1, 10-25-2023)

The Special Flood Hazard Areas identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for Town of Milliken, Colorado and Incorporated Areas," November 30, 2023, with accompanying Flood Insurance Rate Maps (FIRM) and any revisions thereto are hereby adopted by reference and declared to be a part of this Division. These Special Flood Hazard Areas identified by the FIS and attendant mapping are the minimum area of applicability of this Division and may be supplemented by studies designated and approved by the Board of Trustees. The Floodplain Administrator shall keep a copy of the Flood Insurance Study (FIS), DFIRMs, and FIRMs on file and available for public inspection.

(Ord. 809, § 1, 10-25-2023)

A Floodplain Development Permit shall be required to ensure conformance with the provisions of this Division.

(Ord. 809, § 1, 10-25-2023)

No structure or land shall hereafter be located, altered, or have its use changed within the Special Flood Hazard Area without full compliance with the terms of this Division and other applicable regulations. Nothing herein shall prevent the Town of Milliken from taking such lawful action as is necessary to prevent or remedy any violation. These regulations meet the minimum requirements as set forth by the Colorado Water Conservation Board and the National Flood Insurance Program.

(Ord. 809, § 1, 10-25-2023)

This Division is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Division and another ordinance, municipal code provision, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. 809, § 1, 10-25-2023)

In the interpretation and application of this Division, all provisions shall be:

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the governing body; and

(3)

Deemed neither to limit nor repeal any other powers granted under State statutes.

(Ord. 809, § 1, 10-25-2023)

The degree of flood protection required by this Division is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes.

This Division does not imply that land outside the Special Flood Hazard Area or uses permitted within such areas will be free from flooding or flood damages. This Division shall not create liability on the part of the Community or any official or employee thereof for any flood damages that result from reliance on this Division or any administrative decision lawfully made thereunder.

(Ord. 809, § 1, 10-25-2023)

The Town of Milliken's currently contracted individual with "Certified Floodplain Manager" (CFM) credentials from the Association of State Floodplain Managers at the time this section takes effect is hereby appointed as Floodplain Administrator to administer, implement and enforce the provisions of this Division and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management. The Board of Trustees may from time to time by resolution or by approval of a new or amended contract with an individual or firm with CFM credentials appoint a new or substitute Floodplain Administrator.

(Ord. 809, § 1, 10-25-2023)

(a)

Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:

(1)

Maintain and hold open for public inspection all records pertaining to the provisions of this Division, including the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures and any floodproofing certificate required by Section 16-4-80 below.

(2)

Review, approve, or deny all applications for Floodplain Development Permits required by adoption of this Division.

(3)

Review Floodplain Development Permit applications to determine whether a proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding.

(4)

Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.

(5)

Inspect all development at appropriate times during the period of construction to ensure compliance with all provisions of this Division, including proper elevation of the structure.

(6)

Where interpretation is needed as to the exact location of the boundaries of the Special Flood Hazard Area (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation.

(7)

When Base Flood Elevation data has not been provided in accordance with Section 16-4-40 of this Division, the Floodplain Administrator shall obtain, review and reasonably utilize any Base Flood Elevation data and Floodway data available from a Federal, State, or other source, in order to administer the provisions of Sections 16-4-95 through 16-4-135 of this Division.

(8)

For waterways with Base Flood Elevations for which a regulatory Floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one-half foot at any point within the community.

(9)

Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one-half foot, provided that the community first applies for a conditional FIRM revision through FEMA (Conditional Letter of Map Revision), fulfills the requirements for such revisions as established under the provisions of Section 65.12 and receives FEMA approval.

(10)

Notify, in riverine situations, adjacent communities and the State Coordinating Agency, which is the Colorado Water Conservation Board, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA.

(11)

Ensure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.

(Ord. 809, § 1, 10-25-2023)

(a)

Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to Special Flood Hazard Area. Additionally, the following information is required:

(1)

Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures;

(2)

Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed;

(3)

A certificate from a registered Colorado Professional Engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Section 16-4-100(2) of this Division;

(4)

Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.

(5)

Maintain a record of all such information in accordance with Section 16-4-75 of this Division.

(b)

Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the provisions of this Division and the following relevant factors:

(1)

The danger to life and property due to flooding or erosion damage;

(2)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(3)

The danger that materials may be swept onto other lands to the injury of others;

(4)

The compatibility of the proposed use with existing and anticipated development;

(5)

The safety of access to the property in times of flood for ordinary and emergency vehicles;

(6)

The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems;

(7)

The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;

(8)

The necessity to the facility of a waterfront location, where applicable;

(9)

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

(10)

The relationship of the proposed use to the comprehensive plan for that area.

(Ord. 809, § 1, 10-25-2023)

(a)

The Appeal Board, as established by the Community, shall hear and render judgment on requests for variances from the requirements of this Division.

(b)

The Appeal Board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this Division.

(c)

Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competent jurisdiction.

(d)

The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request.

(e)

Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in 16-4-80 of this Division have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

(f)

Upon consideration of the factors noted above and the intent of this Division, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this Division of this as stated in 16-4-20 of this Division.

(g)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(h)

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(i)

Prerequisites for granting variances:

(1)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(2)

Variances shall only be issued upon:

a.

Showing a good and sufficient cause;

b.

A determination that failure to grant the variance would result in exceptional hardship to the applicant, and

c.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(3)

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the Base Flood Elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(j)

Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a Functionally Dependent Use provided that:

(1)

The criteria outlined in 16-4-85 (a)-(i) are met, and

(2)

The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

(Ord. 809, § 1, 10-25-2023)

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Division and other applicable regulations. Violation of the provisions of this Division by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this Division or fails to comply with any of its requirements shall, upon conviction thereof, be fined or imprisoned as provided by the laws of Town of Milliken. Nothing herein contained shall prevent the Town of Milliken from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. 809, § 1, 10-25-2023)

In all Special Flood Hazard Areas the following provisions are required for all new construction and substantial improvements:

(1)

All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

(2)

All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;

(3)

All new construction or substantial improvements shall be constructed with materials resistant to flood damage;

(4)

All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

(5)

All manufactured homes shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.

(6)

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

(7)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and,

(8)

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(Ord. 809, § 1, 10-25-2023)

In all Special Flood Hazard Areas where base flood elevation data has been provided as set forth in Section 16-4-40, Section 16-4-75(7) or Section 16-4-130 of this Division, the following provisions are required:

(1)

Residential construction. New construction and Substantial Improvement of any residential structure shall have the lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), elevated to one foot above the base flood elevation. Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered Colorado Professional Engineer, architect, or land surveyor. Such certification shall be submitted to the Floodplain Administrator.

(2)

Nonresidential construction. With the exception of Critical Facilities, outlined in Section 16-4-135, new construction and Substantial Improvements of any commercial, industrial, or other nonresidential structure shall either have the lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), elevated to one foot above the base flood elevation or, together with attendant utility and sanitary facilities, be designed so that at one foot above the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

A registered Colorado Professional Engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. Such certification shall be maintained by the Floodplain Administrator, as proposed in Section 16-4-80.

(3)

Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.

Designs for meeting this requirement must either be certified by a registered Colorado Professional Engineer or architect or meet or exceed the following minimum criteria:

a.

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

b.

The bottom of all openings shall be no higher than one foot above grade.

c.

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(4)

Manufactured homes. All manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home, electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), are elevated to one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

All manufactured homes placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH and AE on the community's FIRM that are not subject to the provisions of the above paragraph, shall be elevated so that either:

a.

The lowest floor of the manufactured home, electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), are one foot above the base flood elevation, or

b.

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(5)

Recreational vehicles. All recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's FIRM either:

a.

Be on the site for fewer than one hundred eighty (180) consecutive days,

b.

Be fully licensed and ready for highway use, or

c.

Meet the permit requirements of 16-4-80 above, and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this section.

A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

(6)

Prior Approved Activities. Any activity for which a Floodplain Development Permit was issued by Town of Milliken or a CLOMR was issued by FEMA prior to the date of adoption of this Division may be completed according to the standards in place at the time of the permit or CLOMR issuance and will not be considered in violation of this Division if it meets such standards.

(Ord. 809, § 1, 10-25-2023)

Located within the Special Flood Hazard Area established in Section 16-4-40, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:

(1)

Residential construction. All new construction and Substantial Improvements of residential structures must have the lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), elevated above the highest adjacent grade at least one foot above the depth number specified in feet on the community's FIRM (at least three feet if no depth number is specified). Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered Colorado Professional Engineer, architect, or land surveyor. Such certification shall be submitted to the Floodplain Administrator.

(2)

Nonresidential construction. With the exception of Critical Facilities, outlined in Section 16-4-135 of this Division, all new construction and Substantial Improvements of non-residential structures, must have the lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), elevated above the highest adjacent grade at least one foot above the depth number specified in feet on the community's FIRM (at least three feet if no depth number is specified), or together with attendant utility and sanitary facilities, be designed so that the structure is watertight to at least one foot above the base flood level with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. A registered Colorado Professional Engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Section 16-4-80 of this Division are satisfied.

Within Zones AH or AO, adequate drainage paths around structures on slopes are required to guide flood waters around and away from proposed structures.

(Ord. 809, § 1, 10-25-2023)

Floodways are administrative limits and tools used to regulate existing and future floodplain development. The State of Colorado has adopted Floodway standards that are more stringent than the FEMA minimum standard (see definition of Floodway in Section 16-4-30). Located within Special Flood Hazard Area established in 16-4-40, are areas designated as Floodways. Since the Floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:

(1)

Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory Floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed by a licensed Colorado Professional Engineer and in accordance with standard engineering practice that the proposed encroachment would not result in any increase (requires a No-Rise Certification) in flood levels within the community during the occurrence of the base flood discharge.

(2)

If Paragraph (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this Section.

(3)

Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in Base Flood Elevations, provided that the community first applies for a CLOMR and floodway revision through FEMA.

(Ord. 809, § 1, 10-25-2023)

For all proposed developments that alter a watercourse within a Special Flood Hazard Area, the following standards apply:

(1)

Channelization and flow diversion projects shall appropriately consider issues of sediment transport, erosion, deposition, and channel migration and properly mitigate potential problems through the project as well as upstream and downstream of any improvement activity. A detailed analysis of sediment transport and overall channel stability should be considered, when appropriate, to assist in determining the most appropriate design.

(2)

Channelization and flow diversion projects shall evaluate the residual 100-year floodplain.

(3)

Any channelization or other stream alteration activity proposed by a project proponent must be evaluated for its impact on the regulatory floodplain and be in compliance with all applicable Federal, State and local floodplain rules, regulations and ordinances.

(4)

Any stream alteration activity shall be designed and sealed by a registered Colorado Professional Engineer or Certified Professional Hydrologist.

(5)

All activities within the regulatory floodplain shall meet all applicable Federal, State and Town of Milliken floodplain requirements and regulations.

(6)

Within the Regulatory Floodway, stream alteration activities shall not be constructed unless the project proponent demonstrates through a Floodway analysis and report, sealed by a registered Colorado Professional Engineer, that there is not more than a 0.00-foot rise in the proposed conditions compared to existing conditions Floodway resulting from the project, otherwise known as a No-Rise Certification, unless the community first applies for a CLOMR and Floodway revision in accordance with Section 16-4-110 of this Division.

(7)

Maintenance shall be required for any altered or relocated portions of watercourses so that the flood-carrying capacity is not diminished.

(Ord. 809, § 1, 10-25-2023)

A Floodplain Development Permit shall not be issued for the construction of a new structure or addition to an existing structure on a property removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F), unless such new structure or addition complies with the following:

(1)

Residential construction. The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one foot above the Base Flood Elevation that existed prior to the placement of fill.

(2)

Nonresidential construction. The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one foot above the Base Flood Elevation that existed prior to the placement of fill, or together with attendant utility and sanitary facilities be designed so that the structure or addition is watertight to at least one foot above the base flood level that existed prior to the placement of fill with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.

(Ord. 809, § 1, 10-25-2023)

(a)

All subdivision proposals including the placement of manufactured home parks and subdivisions shall be reasonably safe from flooding. If a subdivision or other development proposal is in a flood-prone area, the proposal shall minimize flood damage.

(b)

All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of Sections 16-4-45 and the provisions of Sections 16-4-95 through 16-4-135 of this Division.

(c)

Base Flood Elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Section 16-4-40 or Section 16-4-75 of this Division.

(d)

All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.

(e)

All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

(Ord. 809, § 1, 10-25-2023)

A Critical Facility is a structure or related infrastructure, but not the land on which it is situated, as specified in Rule 6 of the Rules and Regulations for Regulatory Floodplains in Colorado, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood.

(1)

Classification of critical facilities. It is the responsibility of the Board of Trustees to identify and confirm that specific structures in their community meet the following criteria:

Critical Facilities are classified under the following categories: (a) Essential Services; (b) Hazardous Materials; (c) At-risk Populations; and (d) Vital to Restoring Normal Services.

a.

Essential services facilities include public safety, emergency response, emergency medical, designated emergency shelters, communications, public utility plant facilities, and transportation lifelines. These facilities consist of:

1.

Public safety (police stations, fire and rescue stations, emergency vehicle and equipment storage, and, emergency operation centers);

2.

Emergency medical (hospitals, ambulance service centers, urgent care centers having emergency treatment functions, and non-ambulatory surgical structures but excluding clinics, doctors offices, and non-urgent care medical structures that do not provide these functions);

3.

Designated emergency shelters;

4.

Communications (main hubs for telephone, broadcasting equipment for cable systems, satellite dish systems, cellular systems, television, radio, and other emergency warning systems, but excluding towers, poles, lines, cables, and conduits);

5.

Public utility plant facilities for generation and distribution ( hubs, treatment plants, substations and pumping stations for water, power and gas, but not including towers, poles, power lines, buried pipelines, transmission lines, distribution lines, and service lines); and

6.

Air Transportation lifelines (airports (municipal and larger), helicopter pads and structures serving emergency functions, and associated infrastructure (aviation control towers, air traffic control centers, and emergency equipment aircraft hangars).

Specific exemptions to this category include wastewater treatment plants (WWTP), non-potable water treatment and distribution systems, and hydroelectric power generating plants and related appurtenances.

Public utility plant facilities may be exempted if it can be demonstrated to the satisfaction of the Board of Trustees that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same utility or available through an intergovernmental agreement or other contract) and connected, the alternative facilities are either located outside of the 100-year floodplain or are compliant with the provisions of this Division, and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the Board of Trustees on an as-needed basis upon request.

b.

Hazardous materials facilities include facilities that produce or store highly volatile, flammable, explosive, toxic and/or water-reactive materials. These facilities may include:

1.

Chemical and pharmaceutical plants (chemical plant, pharmaceutical manufacturing);

2.

Laboratories containing highly volatile, flammable, explosive, toxic and/or water-reactive materials;

3.

Refineries;

4.

Hazardous waste storage and disposal sites; and

5.

Above ground gasoline or propane storage or sales centers.

Facilities shall be determined to be Critical Facilities if they produce or store materials in excess of threshold limits. If the owner of a facility is required by the Occupational Safety and Health Administration (OSHA) to keep a Material Safety Data Sheet (MSDS) on file for any chemicals stored or used in the work place, AND the chemical(s) is stored in quantities equal to or greater than the Threshold Planning Quantity (TPQ) for that chemical, then that facility shall be considered to be a Critical Facility. The TPQ for these chemicals is: either 500 pounds or the TPQ listed (whichever is lower) for the 356 chemicals listed under 40 C.F.R. § 302 (2010), also known as Extremely Hazardous Substances (EHS); or 10,000 pounds for any other chemical. This threshold is consistent with the requirements for reportable chemicals established by the Colorado Department of Health and Environment. OSHA requirements for MSDS can be found in 29 C.F.R. § 1910 (2010). The Environmental Protection Agency (EPA) regulation "Designation, Reportable Quantities, and Notification," 40 C.F.R. § 302 (2010) and OSHA regulation "Occupational Safety and Health Standards," 29 C.F.R. § 1910 (2010) are incorporated herein by reference and include the regulations in existence at the time of the promulgation this Division, but exclude later amendments to or editions of the regulations.

Specific exemptions to this category include:

1.

Finished consumer products within retail centers and households containing hazardous materials intended for household use, and agricultural products intended for agricultural use.

2.

Buildings and other structures containing hazardous materials for which it can be demonstrated to the satisfaction of the local authority having jurisdiction by hazard assessment and certification by a qualified professional (as determined by the local jurisdiction having land use authority) that a release of the subject hazardous material does not pose a major threat to the public.

3.

Pharmaceutical sales, use, storage, and distribution centers that do not manufacture pharmaceutical products.

These exemptions shall not apply to buildings or other structures that also function as Critical Facilities under another category outlined in this Division.

c.

At-risk population facilities include medical care, congregate care, and schools. These facilities consist of:

1.

Elder care (nursing homes);

2.

Congregate care serving 12 or more individuals ( day care and assisted living);

3.

Public and private schools (pre-schools, K-12 schools), before-school and after-school care serving 12 or more children);

d.

Facilities vital to restoring normal services including government operations. These facilities consist of:

1.

Essential government operations (public records, courts, jails, building permitting and inspection services, community administration and management, maintenance and equipment centers);

2.

Essential structures for public colleges and universities (dormitories, offices, and classrooms only).

These facilities may be exempted if it is demonstrated to the Board of Trustees that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same entity or available through an intergovernmental agreement or other contract), the alternative facilities are either located outside of the 100-year floodplain or are compliant with this Division, and an operations plan is in effect that states how redundant facilities will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the Board of Trustees on an as-needed basis upon request.

(2)

Protection for critical facilities. All new and substantially improved Critical Facilities and new additions to Critical Facilities located within the Special Flood Hazard Area shall be regulated to a higher standard than structures not determined to be Critical Facilities. For the purposes of this Division, protection shall include one of the following:

a.

Location outside the Special Flood Hazard Area; or

b.

Elevation of the lowest floor or floodproofing of the structure, together with attendant utility and sanitary facilities, to at least two feet above the Base Flood Elevation.

(3)

Ingress And Egress For New Critical Facilities. New Critical Facilities shall, when practicable as determined by the Board of Trustees, have continuous non-inundated access (ingress and egress for evacuation and emergency services) during a 100-year flood event.

(Ord. 809, § 1, 10-25-2023)

This Division and the various parts thereof are hereby declared to be severable. Should any section of this Division be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Division as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. 809, § 1, 10-25-2023)

(a)

Location Requirements. The housing, keeping, or sheltering of any animal or livestock, excluding household pets and fowl, shall only be allowed in the A and AE Zoning Districts. Animals shall be limited to domestic livestock, farm animals and barnyard fowl as listed below. Other similar animals may be allowed with approval of a Conditional Use Permit. Keeping of fowl shall be in compliance with requirement of Section 7-5-90 of the Municipal Code.

(b)

Purpose. It is the purpose of these regulations to limit, under specific circumstances, the number of animals allowed and the methods by which animals are kept on private property. It is the intent of this Section to minimize potential adverse impacts on adjoining properties, the neighborhood, and persons in the vicinity from improper management of such animals as per Article V, Animal Control of Chapter 7 of this Code.

(a)

Application of Standards. The following requirements shall apply to the keeping or raising of specific types of animals, in addition to all other applicable standards of this chapter.

(b)

More than one (1) type of animal may be kept on a single lot, subject to the provisions of this Article. Where this Article limits the number of animals allowed on such a lot, such limitations shall not apply to offspring that are not weaned.

(c)

Number of Animals. Domestic livestock and farm animal are allowed at a maximum animal density according to the following chart of animal units. Animal unit is a common animal denominator based on feed consumption. Animal units establish an equivalency for various species of livestock.

(d)

Animal Units. The following schedule lists animal units by type of domestic livestock and farm animals. When any animal unit calculation results in a fraction, fractional values less than .5 shall be rounded down to the nearest whole number and fractional values .5 and greater shall be rounded up to the next whole number.

(e)

The number of livestock allowed by right is dependent upon bulk requirements of the Agricultural or Agricultural Estate Districts. Livestock in excess of the bulk requirements for the Agricultural District shall require a conditional use permit for a livestock confinement operation. All livestock shall have the following animal unit equivalents and bulk requirements:

Animal Allowed in the Agricultural District (A District)

Animal Allowed in the Agricultural Estate District (AE District)

(a)

A "home occupation" is any business or service of limited scope, conducted entirely within the walls of the dwelling, or residential garage. Home occupations must meet the following standards:

(1)

Such uses must be clearly incidental and secondary to the primary use of the premises for residential purposes.

(2)

The exterior of the property cannot be altered for the purpose of operating a home occupation, nor can the existence of a home occupation affect the residential character of the neighborhood.

(3)

The home occupation shall not employ equipment or a process that creates dust, smoke glare, smoke, traffic not normally experienced in a residential district, or excessive noise.

(4)

The home occupation is prohibited from using any outside storage and display of merchandise, or any activity involving any external building alteration, window display, construction equipment, machinery or outside storage.

(5)

In addition to the residents occupying the dwelling containing the home occupation, there shall not be more than one (1) outside employee in the home occupation.

(6)

The home occupation shall not exceed one thousand (1,000) square feet or thirty (30) percent of the total square footage of the dwelling, whichever is less, or can be located in an accessory building not to exceed seven hundred twenty (720) square feet. Accessory buildings may be used for storage associated with the home occupation up to a maximum of seven hundred (720) square feet. The home occupation must be a subordinance use to the primary use of a single-family residence.

(7)

All aspects of the home occupation operation shall not disrupt the residential character of the neighborhood or create noise or environmental hazards.

(8)

A maximum of ten (10) clients may visit the home occupation per day.

(9)

Home occupations may include state-licensed family childcare homes (residential day care facilities) that have received zoning approval from the Town.

(10)

Home Occupations shall obtain a business license as required by the Town prior to commencement of operation.

(11)

Home occupations that cannot meet the above standards are not permitted unless a conditional use permit in accordance with Section 16-6-360 is applied for and granted.

(12)

If an oral or written complaint is filed with the Town Clerk, and the home occupation shall be subject to revocation of the business license as set forth in Section 6-1-160 of this code.

(a)

Intent. The intent of this section is to allow for the administrative approval of temporary uses that will not be detrimental to the health, safety, or general welfare of persons residing or working within the vicinity of the proposed use.

(b)

General Provisions: Temporary uses are uses or activities that are temporary in nature with a specific function, location, specific dates, hours of operation, end date and do not involve the construction or alternation of any permanent structure.

(c)

Permit Required. No temporary use shall be operated in the Town without a temporary use permit. Permits shall be issued administratively by the Town Clerk authorizing a temporary use. Permit authorizes a temporary use for a maximum of ninety (90) days within a six-month period. Notwithstanding anything in this Chapter to the contrary, if the temporary use is to allow temporary occupancy of a recreational vehicle (RV) during the active construction of a residential dwelling as evidenced by a valid building permit, or for a temporary caretaker/foreman's/sales building associated with a new commercial project, the durational limit is a maximum of one hundred eighty (180) days. Upon a permit holder's written request, the Community Development Department is authorized to renew a permit that has not expired for up to two (2) additional ninety-day periods not to exceed an additional six-month period. In no event shall a temporary use permit be valid for a period in excess of three hundred sixty-five (365) days.

(d)

Application. At least thirty (30) days prior to the commencement of the temporary use, an application shall be submitted to the Town Clerk for a temporary use permit containing the following information, unless waived by the Town Clerk as inapplicable:

(1)

A signed lease, contract, or other legal document with the property owner allowing the vendor, entity, or person(s) requesting a temporary use permit to use their property for a temporary use. If another person other than the applicant or corporation is managing or supervising the applicant's business during the proposed period of operation then their name, address and telephone number shall be provided and, if a corporation, the state under which it is incorporated;

(2)

Description of the type of temporary use desired, with the following type of information, as applicable:

a.

The days and proposed period of operation;

b.

The proposed hours and days of operation;

c.

The location for which the application is made with the property owner's signed approval to conduct the temporary use;

d.

A Milliken business registration and evidence of payment of local and state sales taxes;

e.

Proof of general liability, property and/or worker's compensation insurance (if deemed appropriate by the Town Attorney to the type of event);

f.

A description of how the proposed use will not adversely impact residential properties within three hundred (300) feet with noise, fumes, waste, debris, storm water, light, unsightly signage or structures, and other nuisances.

g.

A clean-up and damage deposit to cover any damage or required clean-up to Town property or right-of-way as set forth in the Town's fee and fine schedule; and

h.

A signed consent and acknowledgement that background checks may be conducted for all occupants or uses.

(3)

Site plan layout for the temporary use location, including but not limited to:

a.

The placement of any temporary structure(s) or buildings;

b.

Traffic ingress and egress, passable area for emergency personnel and ADA accommodations;

c.

Parking locations and setback from residential properties;

d.

Identification of residential properties within three hundred (300) feet of proposed use;

e.

Trash receptacles, portable bathrooms/sanitary stations, garbage cans, fencing or other structures, etc.;

f.

Lighting, noise or music, fumes, traffic, and waste that may be generated with hours of duration;

g.

The layout of electrical cables and other temporary utilities; and

i.

Proposed signage in conformance with this Chapter.

(4)

Approval. Upon receipt of a complete application, the Town Clerk and Community Development Department shall schedule a meeting with the applicant and any affected agencies, if appropriate based on the nature of the proposed temporary use. Within thirty (30) days of receipt of a complete application, and following the meeting with the applicant, the Town Clerk shall either approve or deny a temporary use permit application. A temporary use permit shall be approved and issued administratively with or without conditions only if the Town Clerk determines that the following have been satisfied:

a.

A temporary use permit application was timely filed with the Town Clerk.

b.

A meeting occurred between the applicant, the Town Clerk and appropriate Town staff to review the application, and the following criteria are satisfied:

1.

Compliance with the adopted regulations, policies, and all the provisions of the Town's Municipal Code;

2.

That the proposed use will not adversely impact properties within three hundred (300) feet with noise, fumes, waste, debris, storm water, light, unsightly signage or structures, and other nuisances.

3.

Written approval from the property owner and other local, county, state, and federal agencies, and insurance and indemnity provisions sufficient to protect the Town from liability claims; and

4.

A site plan that meets all of the requirements listed in subsection (3) above.

5.

Conditions of approval. Conditions of approval may be imposed if deemed necessary to ensure land use compatibility or minimize potential adverse impacts on neighboring properties, public streets, or other Town property. These may include but are not limited to modification or restrictions on hours of operation, posting of a clean-up or damage deposit; arrangements satisfactory to the Town for the provision of special or extraordinary services or equipment, such as traffic control .

(e)

Enforcement. Violations under this Section, including a failure to comply with any conditions of the temporary use permit, shall be enforced in accordance with Sec. 16-1-120 Administration and Enforcement this Chapter 16. Nothing herein shall preclude the Town from taking any other enforcement action authorized under law.

(a)

Intent and purpose. In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the Board of Trustees finds that these regulations are necessary to:

(1)

Provide for the managed development and installation, maintenance, modification, and removal of wireless communications infrastructure in the Town with the fewest number of Wireless Communications Facilities (WCFs) to complete a network without unreasonably discriminating against wireless communications providers of functionally equivalent services, including all of those who install, maintain, operate, and remove WCFs;

(2)

Promote and protect the public health, safety, and welfare by reducing the visibility of WCFs to the fullest extent possible through techniques including but not limited to Camouflage Design Techniques and undergrounding of WCFs and the equipment associated therewith;

(3)

Encourage the deployment of smaller, less intrusive WCFs to supplement existing larger WCFs;

(4)

Encourage the use of wall-mounted panel antennas;

(5)

Encourage roof-mounted antennas only when wall-mounted antennas will not provide adequate service or are not otherwise feasible;

(6)

Encourage the location of towers in non-residential areas, in a manner that minimizes the total number of towers needed throughout the community;

(7)

Encourage the collocation of WCFs on new and existing sites;

(8)

Encourage owners and users of antennas and towers to locate them, to the extent possible, in areas where the adverse impact on the community is minimized;

(9)

Enhance the ability of wireless communications service providers to provide such services to the community quickly, effectively, and efficiently; and

(10)

Effectively manage WCFs in the public right-of-way.

(b)

Applicability.

(1)

The requirements set forth in this Section 16-4-220 shall apply to all WCF applications for base stations, alternative tower structures, alternative tower structures located within right-of-way, and towers as defined in section 16-8-200 and modifications to such facilities.

(2)

The requirements set forth in this Section 16-4-220 shall not apply to:

a.

Amateur Radio Antennas. Amateur radio antennas that are owned and operated by a federally licensed amateur radio station operator or are used exclusively for receive-only antennas, provided that the requirement that the height be no more than the distance from the base of the antenna to the property line is met.

b.

Pre-existing WCFs. Any WCF for which a permit has been properly issued prior to September 1, 2017, shall not be required to meet the requirements of this Chapter 16, other than the requirements of Section 16-4-220(d). Changes and additions to pre-existing WCFs (including trading out of antennas for an equal number of antennas) shall meet applicable requirements of this section 16-4-220. Notwithstanding the foregoing, any modifications qualifying as an eligible facilities requests shall be evaluated under Sections 16-4-220(e)(2) and (e)(5).

c.

Miscellaneous Antennas. Antennas used for reception of television, multi-channel video programming and radio such as over-the-air reception device (OTARD) antennas, television broadcast band antennas, and broadcast radio antennas, provided that any requirements related to accessory uses contained in chapter 16 of this code and the requirement that the height be no more than the distance from the base to the property line are met. The Community Development Department has the authority to approve modifications to the height restriction related to OTARD antennas and OTARD antenna structures, if in the reasonable discretion of the Town, modifications are necessary to comply with federal law.

(c)

Operational Standards.

(1)

Federal Requirements. All WCFs shall meet the current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate WCFs. If such standards and regulations are changed, then the owners of the WCF governed by this section shall bring such facility into compliance with such revised standards and regulations within the time period mandated by the controlling federal agency. Failure to meet such revised standards and regulations shall constitute grounds for the removal of the WCF at the owner's expense.

(2)

Radio Frequency Standards. All WCFs shall comply with federal standards for radio frequency emissions. If concerns regarding compliance with radio frequency emissions standards for a WCF have been made to the Town, the Town may request that the owner or operator of the WCF to provide information demonstrating compliance. If such information suggests, in the reasonable discretion of the Town, that the WCF may not be in compliance, the Town may request and the owner or operator of the WCF shall submit a project implementation report which provides cumulative field measurements of radio frequency emissions of all antennas installed at the subject site, and which compares the results with established federal standards. If, upon review, the Town finds that the facility does not meet federal standards, the Town may require corrective action within a reasonable period of time, and if not corrected, may require removal of the WCF in accordance with Section 16-4-220(c)(6). Any reasonable costs incurred by the Town, including reasonable consulting costs to verify compliance with these requirements, shall be paid by the applicant.

(3)

Signal Interference. All WCFs shall be designed and sited, consistent with applicable federal regulations, so as not to cause interference with the normal operation of radio, television, telephone and other communication services utilized by adjacent residential and non-residential properties; nor shall any such facilities interfere with any public safety communications. The applicant shall provide a written statement from a qualified radio frequency engineer, certifying that a technical evaluation of existing and proposed facilities indicates no potential interference problems and shall allow the Town to monitor interference levels with public safety communications during this process ("Signal Interference Letter"). Additionally, the applicant shall notify the Town at least ten (10) calendar days prior to the introduction of new service or changes in existing service and shall allow the Town to monitor interference levels with public safety communications during the applicant's testing process.

(4)

Legal Access. In all applications for WCFs outside of the right-of-way, an applicant shall demonstrate that it owns or has lease rights to the site.

(5)

Operation and Maintenance. To ensure the structural integrity of WCFs, the owner of a WCF shall ensure that it is maintained in compliance with standards contained in applicable Town building and safety codes. If upon inspection, the Town concludes that a WCF fails to comply with such codes and constitutes a danger to persons or property, then, upon written notice being provided to the owner of the WCF, the owner shall have thirty (30) days from the date of notice to bring such WCF into compliance. Upon good cause shown by the owner, the Town's chief building official may extend such compliance period not to exceed ninety (90) days from the date of said notice. If the owner fails to bring such WCF into compliance within said time period, the Town may remove such WCF at the owner's expense.

(6)

Abandonment and Removal. If a WCF has not been in use for a period of three (3) months, the owner of the WCF shall notify the Town of the non-use and shall indicate whether re-use is expected within the ensuing three (3) months. Any WCF that is not operated for a continuous period of six (6) months shall be considered abandoned. The Town, in its sole discretion, may require an abandoned WCF to be removed. The owner of such WCF shall remove the same within thirty (30) days of receipt of written notice form the Town. If such WCF is not removed within said thirty (30) days, the Town may remove it at the owner's expense and any approved permits for the WCF shall be deemed to have expired.

(d)

Design Standards.

(1)

The requirements set forth in this section shall apply to the location and design of all WCFs governed by this section as specified below; provided, however, that the Town may waive one (1) or more of these requirements if it determines that the goals of this section are better served thereby. WCFs shall be designed and located to minimize the impact on surrounding properties and residential neighborhoods and to maintain the character and appearance of the Town, consistent with other provisions of this Code.

(2)

Camouflage/Concealment. All WCFs, transmission equipment and related accessory equipment shall, to the extent possible, use camouflage design techniques including, but not limited to the use of materials, colors, textures, screening, undergrounding, landscaping, or other design options that will blend the WCF into the surrounding natural setting and built environment. Design, materials, and colors of WCFs shall be compatible with the surrounding environment. Designs shall be compatible with structures and vegetation on the same parcel and adjacent parcels.

(3)

Camouflage design shall be required where the Community Development Department determines the WCF will be located in close proximity to historic or aesthetically significant structures, views, and/or community features. Camouflage may include placement of WCFs underground or concealed behind earth berms to minimize their profile.

(4)

The camouflage design may include the use of alternative tower structures should the Community Development Department determine that such design meets the intent of this code and the community is better served thereby.

(5)

All WCFs, such as antennas, vaults, equipment rooms, equipment enclosures, and Tower structures shall be constructed of non-reflective materials (visible exterior surfaces only).

(6)

Hazardous Materials. No hazardous materials shall be permitted in association with WCFs, except those necessary for the operations of the WCF and only in accordance with all applicable laws governing such materials.

(e)

Siting.

(1)

No portion of any WCF may extend beyond the property line.

(2)

Collocation. WCFs shall be required to be designed and constructed to permit the facility to accommodate WCFs from at least two (2) wireless service providers on the same WCF unless the Community Development Department approves an alternative design. No WCF owner or operator shall unfairly exclude a competitor from using the same facility or location.

(3)

WCFs shall be sited in a location that does not reduce the parking for the other principal uses on the parcel below code standards.

(f)

Lighting. WCFs shall not be artificially lighted, unless required by the FAA or other applicable governmental authority, or the WCF is mounted on a light pole or other similar structure primarily used for lighting purposes. If lighting is required, the Town may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Lighting shall be shielded or directed to the greatest extent possible to minimize the amount of glare and light falling onto nearby properties, particularly residences.

(g)

Landscaping and Fencing Requirements.

(1)

WCFs shall be sited in a manner that does not reduce the landscaped areas for the other principal uses on the parcel, below code standards.

(2)

WCFs shall be landscaped with a buffer of plant materials that effectively screen the view of the WCF from adjacent residential property. The standard buffer shall consist of the front, side, and rear landscaped setback on the perimeter of the site.

(3)

In locations where the visual impact of the WCF would be minimal, the landscaping requirement may be reduced or waived in whole or in part by the Community Development Department or assigned designee.

(4)

Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible.

(h)

Noise. Noise generated on the site must not exceed the levels permitted in the Town code, except that a WCF owner or operator shall be permitted to exceed any applicable Town code noise standards for a reasonable period of time during repairs, not to exceed two (2) hours without prior authorization from the Town.

(i)

Specific Design Standards. Additional design requirements shall be applicable to the types of WCFs as specified below:

(1)

Base Stations. If an antenna is installed on a structure other than a tower, such as a base station (including, but not limited to the antennas and accessory equipment) it shall be of a neutral, non-reflective color that is identical to, or closely compatible with, the color of the supporting structure, or uses other camouflage/concealment design techniques so as to make the antenna and related facilities as visually unobtrusive as possible, including for example, without limitation, painting the antennas and equipment to match the structure.

(2)

Alternative tower structures including small cell facilities. Alternative tower structures shall be designed and constructed to look like a building, facility, or structure typically found in the area and shall:

a.

With respect to its pole-mounted components, be located on or within an existing utility pole serving another utility; or

b.

Be camouflaged/concealed consistent with other existing natural or man-made features in the right-of-way near the location where the alternative tower structure will be located; or

c.

With respect to its pole components, be located on or within a new utility pole where other utility distribution lines are aerial, if there are no reasonable alternatives, and the applicant is authorized to construct the new utility pole; or

d.

To the extent reasonably feasible, be consistent with the size and shape of the pole-mounted equipment installed by communications companies on utility poles near the alternative tower structure;

e.

Be sized to minimize the negative aesthetic impacts to the right-of-way;

f.

Be designed such that antenna installations on traffic signal standards are placed in a manner so that the size, appearance, and function of the signal will not be considerably altered;

g.

Require that any ground-mounted equipment shall be located in a manner necessary to address both public safety and aesthetic concerns in the reasonable discretion of the Planning Commission, and may, where appropriate, require a flush-to-grade underground equipment vault; and

h.

Not alter vehicular circulation or parking within the right-of-way or impede vehicular, bicycle, or pedestrian access or visibility along the right-of-way. The alternative tower structure must comply with the Americans with Disabilities Act and all applicable local, state, and federal laws and regulations. No alternative tower structure may be located or maintained in a manner that causes unreasonable interference. Unreasonable interference means any use of the right-of-way that disrupts or interferes with its use by the Town, the general public, or other person authorized to use or be present upon the right-of-way, when there exists an alternative that would result in less disruption or interference. Unreasonable interference includes any use of the right-of-way that disrupts vehicular or pedestrian traffic, any interference with public utilities, and any other activity that will present a hazard to public health, safety, or welfare.

(j)

Alternative tower structures and small cell facilities located in the right-of-way shall comply with the following requirements:

(1)

No ATS pole shall be higher than thirty-five (35) feet;

(2)

The pole or structure for ATS or small cell facilities is not more than ten (10) feet higher (as measured from the ground to the top of the pole) than any existing utility or traffic signal within five hundred (500) feet of the pole or structure;

(3)

Any new pole for ATS or small cell facilities shall be separated from any other existing WCF by a distance of at least six hundred (600) feet, unless the new pole replaces an existing traffic signal, street light pole, or similar structure determined by the Planning Commission.

(4)

With respect to its pole-mounted components, the ATS or small cell facility shall be located on an existing utility pole serving another utility; or be located on a new utility pole where other utility distribution lines are aerial, if there are no reasonable alternatives;

(5)

The ATS shall be camouflaged/concealed consistent with other existing natural or manmade features in the right-of-way near the location where the ATS will be located;

(6)

To the extent reasonably feasible, the facility shall be consistent with the size and shape of the pole-mounted equipment installed by communications companies on utility poles near the ATS;

(7)

When placed near a residential property, the facility is placed in front of the common side yard property line between adjoining residential properties. In the case of a corner lot, the facility must be placed in front of the common side yard property line adjoining residential properties, or on the corner formed by two (2) intersecting streets;

(8)

Any antenna installations on traffic signals shall be placed in a manner so that the size, appearance, and function of the signal will not be considerably altered;

(9)

Any ground mounted equipment shall be installed in an underground or partially underground equipment vault (projecting not more than thirty six (36) inches above grade), or co-located within a traffic cabinet of a design approved by the Planning Commission, unless a Conditional Use Permit is obtained subject to the requirements of Section Sec. 16-6-350. - Conditional Use applications and

(10)

No ATS or small cell facility shall alter vehicular circulation or parking within the right-of-way or impede vehicular, bicycle, or pedestrian access or visibility along the right-of-way. The ATS must comply with the federal Americans With Disabilities Act and all applicable local, state, and federal law and regulations. No ATS may be located or maintained in a manner that causes unreasonable interference. Unreasonable interference means any use of the right-of-way that disrupts or interferes with its use by the Town, the general public, or other person authorized to use or be present upon the right-of-way, when there exists an alternative that would result in less disruption or interference. Unreasonable interference includes any use of the right-of-way that disrupts vehicular or pedestrian traffic, any interference with public utilities, and any other activity that will present a hazard to public health, safety, or welfare.

(k)

Towers. Towers shall meet the following requirements:

(1)

Towers shall either maintain a galvanized steel finish, or, subject to any applicable FAA standards, be painted a neutral color to reduce visual obtrusiveness as determined by the Town;

(2)

Tower structures should use existing landforms, vegetation, and structures to aid in screening the facility from view or blending in with the surrounding built and natural environment;

(3)

Monopole support structures shall taper from the base to the tip; and

(4)

All towers, excluding alternative tower structures in the right-of-way, shall be enclosed by security fencing or wall at least six (6) feet in height and shall also be equipped with an appropriate anti-climbing device.

(5)

Related accessory equipment. Accessory equipment for all WCFs shall meet the following requirements:

a.

All buildings, shelter, cabinets, and other accessory components shall be grouped as closely as technically possible;

b.

The total footprint coverage area of a WCF's accessory equipment shall not exceed three hundred fifty (350) square feet; and

c.

No related accessory equipment or accessory structure shall exceed twelve (12) feet in height;

d.

Accessory equipment, including but not limited to remote radio units, shall be located out of sight whenever possible by locating behind parapet walls or within equipment enclosures. Where such alternate locations are not available, the accessory equipment shall be camouflaged or concealed.

(6)

Setbacks and separation. The following minimum setbacks and separation requirements shall apply to all WCFs for which a use by special review approval is required; provided, however, that the Town may reduce standard setbacks and separation requirements if the applicant demonstrates that the goals of this section can be better met by reduced setback and separation requirements that protect the public health and safety, view corridors, or minimize adverse impact. A tower shall meet the greater of the following minimum setbacks from all property lines:

a.

The setback for a principal building within the applicable zoning district or planned development;

b.

Twenty-five percent (25%) of the facility height, including WCFs and related accessory equipment;

c.

The tower height, including antennas, if the tower is in or adjacent to a residential district; and

d.

Towers over ninety (90) feet in height shall not be located within one-quarter (¼) mile from any existing tower that is over ninety (90) feet in height, unless the applicant has shown to the satisfaction of the Town that there are no reasonably suitable alternative sites in the required geographic area which can meet the applicant's needs.

(l)

Review Procedures and Requirements.

(1)

No new WCF shall be constructed and no collocation or modification to any WCF may occur except after a written request from an applicant, reviewed and approved by the Town in accordance with this section. All WCFs except eligible facilities requests which are reviewed under subsection (e)(2) of this section, shall be reviewed pursuant to the following procedures:

a.

Submittal requirements. Each applicant for a WCF shall be required to submit a Site Plan prepared in accordance with Section 16-6-340 In addition to the submittal requirements set forth in Section 16-6-340. each applicant shall submit the following information, which may be waived by the Community Development Department if deemed inapplicable to the WCF SIP application.

1.

Signal Interference Letter (Section 16-4-220(c)(3));

2.

Inventory of Exiting Sites (Section 16-4-220(e)(1)(b)); and

3.

Any other information deemed necessary by the Town Administrator to determine compliance with this section.

(m)

Inventory of Existing Sites. Each applicant for a WCF shall provide to the Community Development Director a narrative and map description of the applicant's existing or then currently proposed WCFs within the Town, and outside of the Town within one (1) mile of its boundaries. In addition, the applicant shall inform the Town generally of the areas of the Town in which it believes WCFs may need to be located within the next three (3) years. The inventory list should identify the site name, site address, and a general description of the facility (i.e., rooftop antennas and ground mounted equipment). This provision is not intended to be a requirement that the applicant submit its business plan, proprietary information, or make commitments regarding locations of WCFs within the Town. Rather, it is a mechanism for the Town and all applicants for WCFs to share general information, assist in the Town's comprehensive planning process, and promote collocation by identifying areas in which WCFs might be appropriately constructed for multiple users.

(1)

The Community Development Director may share such information with other applicants applying for administrative approvals or use by special review permits under this section or other organizations seeking to locate WCFs within the Town, provided however, the Community Development Director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(2)

In all zoning districts and planned developments, applications for base stations, alternative tower structures and alternative tower structures within right-of-way, shall be reviewed by the Community Development Director for conformance to this section and the site plan review procedures set forth in Section 16-6-340 of this Code.

(3)

In all zoning districts and planned developments, all Towers may be permitted only as conditional review use. WCFs shall be reviewed for conformance to this section and code using the Conditional Use procedures set forth in section 16-3-500 of this Chapter. All applications for towers shall demonstrate that other alternative design options such as base stations or alternative tower structures are not viable options as determined by the Town. Notwithstanding anything in this section to the contrary, no tower located in the right-of-way shall exceed thirty-five (35) feet in height.

(4)

Administrative review procedures for eligible facilities requests.

a.

Application. In all zoning districts and planned developments, eligible facilities requests for collocation on or modification of an existing tower or base station shall be considered a use by right subject to administrative review. The Town shall prepare and, from time to time, revise and make publicly available, an application form which shall be limited to the information necessary for the Town to consider whether an application is an eligible facilities request. Such information may include, without limitation, whether the project:

1.

Would result in a substantial change; and

2.

Violates a generally applicable law, regulation, or other rule codifying objective standards reasonably related to public health and safety.

The applicant shall not be required to demonstrate a need or business case for the proposed modification or collocation.

b.

Type of review. Upon receipt of an application for an eligible facilities request pursuant to this section; the Community Development Department shall review such application to determine whether the application so qualifies.

c.

Timeframe for review. Subject to the tolling provisions of subparagraph d. below, within sixty (60) days of the date on which an applicant submits an application seeking approval under this section, the Town shall approve the application unless it determines that the application is not covered by this subsection.

d.

Tolling of the timeframe for review. The sixty-day review period begins to run when the application is filed, and may be tolled only by mutual agreement of the Town and the applicant, or in cases where the Community Development Department determines that the application is incomplete:

1.

To toll the timeframe for incompleteness, the Town must provide written notice to the applicant within thirty (30) days of receipt of the application, specifically delineating all missing documents or information required in the application;

2.

The timeframe for review begins running again when the applicant makes a supplemental written submission in response to the Town's notice of incompleteness; and

3.

Following a supplemental submission, the Town will notify the applicant within ten (10) days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in subsection d.1. In the case of a second or subsequent notice of incompleteness, the Town may not specify missing information or documents that were not delineated in the original notice of incompleteness.

e.

Failure to act. In the event the Town fails to act on a request seeking approval for an eligible facilities request under this section within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant becomes effective when the applicant notifies the Town in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.

f.

Interaction with the Telecommunications Act of 1996. If the Town determines that the applicant's request is not an eligible facilities request as delineated in this Section, the presumptively reasonable timeframe under section 332(c)(7) of the Telecommunications Act of 1996, as prescribed by the FCC's shot clock order, will begin to run from the issuance of the Town's decision that the application is not a covered request. To the extent such information is necessary, the Town may request additional information from the applicant to evaluate the application under section 332(c)(7) review.

(5)

Abandonment and removal. Prior to approval, affidavits shall be required from the owner of the property and from the applicant acknowledging that each is responsible for the removal of a WCF that is abandoned or is unused for a period of six (6) months.

(6)

Decision. Any decision to approve, approve with conditions, or deny an application for a WCF, shall be in writing and supported by substantial evidence in a written record. The applicant shall receive a copy of the decision.

(7)

Compliance with applicable law. Notwithstanding the approval of an application for new WCFs or collocation as described herein, all work done pursuant to WCF applications must be completed in accordance with all applicable building structural, electrical and safety requirements as set forth in Town code and any other applicable laws or regulations. In addition, all WCF applications shall comply with the following:

a.

Comply with any permit or license issued by a local, state, or federal agency with jurisdiction of the WCF;

b.

Comply with easements, covenants, conditions and/or restrictions on or applicable to the underlying real property;

c.

Be maintained in good working condition and to the standards established at the time of application approval; and

d.

Remain free from trash, debris, litter, graffiti, and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than ten (10) calendar days from the time of notification by the Town or after discovery by the owner or operator of the site. Notwithstanding the foregoing, any graffiti on WCFs located in the rights-of-way or on other Town-owned property may be removed by the Town at its discretion, and the owner and/or operator of the WCF shall pay all costs of such removal within thirty (30) days after receipt of an invoice from the Town.

(8)

Compliance report. Upon request by the Town, the applicant shall provide a compliance report within forty-five (45) days after installation of a WCF, demonstrating that as installed and in operation, the WCF complies with all conditions of approval, applicable code requirements and standard regulations.

(n)

Standards for Approval.

(1)

Eligible Facilities Requests. It is the intent of the Town to approve WCFs administratively in cases where visual impacts are minimized, view corridors are protected, WCFs utilize appropriate camouflage/concealment design techniques to avoid adverse impacts on the surrounding area, and WCFs are designed, maintained, and operated at all times to comply with the provisions of this title and all applicable law. Notwithstanding the approval of an application for collocation as described herein, all work done pursuant to WCF applications must be completed in accordance with all applicable building and safety requirements as set forth in Town code and any other applicable regulations.

(2)

Except eligible facilities requests, no WCF, including related accessory equipment, shall be approved unless it meets the following approval criteria:

a.

Visual impacts are minimized and view corridors and protected to the greatest extent feasible.

b.

WCFs utilize camouflage/concealment design techniques to avoid adverse impacts on the surrounding area;

c.

Reserved.

d.

Reserved.

e.

WCFs meet the applicable design standards for the type of WCF in accordance with Section 16-4-220(d), Design Standards, of this section; and

f.

WCFs are and will be operated at all times in accordance with Section 16-4-220(c).

(a)

All new recreational vehicle parks or development on any recreational vehicle park, new or pre-existing, must comply with site plan requirements in accordance with Section 16-6-340. Where a recreational vehicle park development is proposed for construction in a series of stages, a master plan for the development of the entire tract of land shall be submitted along with the detailed plans and specifications for the initial stage, as well as any subsequent stages. A Site Plan Agreement is required. No construction or development shall be commenced until reviewed by the Planning Commission and approved by the Board of Trustees and a building permit issued.

(b)

Permits for development of recreational vehicle parks shall be granted according to the conditional review process of this Code.

(c)

Recreational Parks shall comply the applicable site and design standards found in this Chapter.

(a)

Recreational vehicle parks are a conditional use in the following Zone Districts:

(1)

Agricultural District (A);

(2)

Service Business District (C-4)

(3)

Special Business District (C-5)

(4)

Light Industrial District (I-1)

(5)

Medium Industrial District (I-2)

(b)

Recreational vehicle parks will not be permitted in any area zoned residential or in floodplain areas.

(a)

Park Size. The minimum gross area for a recreational vehicle park is five (5) acres. The maximum gross area allowed is ten (10) acres.

(b)

Park Density. The maximum density shall not exceed twelve (12) recreational vehicles per gross acre.

(c)

Minimum Site Size. Each recreational vehicle site shall contain a minimum of one thousand five hundred (1,500) square feet and shall have a minimum width of twenty-five (25) feet.

(d)

Site Pads. Each site shall contain a vehicle parking pad of concrete or asphalt paving. Minimum length of the parking pad shall be thirty-five (35) feet. No part of a recreational vehicle or other unit placed on the lot pad shall be closer than five (5) feet to the edge of the lot.

(e)

Required Separation Between RV Vehicles. Recreation vehicles shall be separated from each other and from other structures by at least ten (10) feet. Any accessory structure such as attached awnings or carports for purposes of this separation requirement shall be considered to be part of the recreational vehicle.

(f)

Site Identification. Each site for the parking of the recreational vehicle shall be identified by numbers, a minimum of three (3) inches in height, posted in a conspicuous place at the front of the site.

(g)

Roadways and Parking.

(1)

Interior Roads. All interior two-way roads shall be twenty-eight (28) feet minimum width and all interior one-way roads shall be twenty (20) feet minimum width. All roads shall be paved with asphalt and crowned to facilitate drainage. Roadways shall be designed for the safe and convenient movement of vehicles and meet circulation requirements for emergency vehicles.

(2)

Parking Requirements. At least one and one-half (1½) off-road parking spaces shall be provided in the park per recreation vehicle site. At least one (1) off-road parking space shall be provided at each site. No on-street parking will be permitted.

(h)

Entrances and Exits.

(1)

Locations and Access. No entrance or exit from a recreational vehicle park shall be permitted through a residential district nor require movement of traffic from the park through a residential district.

(2)

Park Access.

a.

Entrances and exits to recreational vehicle parks shall be designed for the safe and convenient movement of traffic into and out of the park and shall comply with the Milliken Design Criteria and Construction Specifications manual.

b.

Each recreational vehicle park shall have a separate entrance and exit roadway, each of which shall not be less than twenty-eight (28) feet wide from flow line to flow line, shall be hard-surfaced with asphalt or concrete and shall connect to a dedicated public right-of-way not less than forty (40) feet in width.

c.

Access onto State Highways. Access onto state-controlled highways or roads will require a permit from the Colorado Department of Transportation. The design of the access will be according to Department of Transportation requirements.

(a)

Management headquarters, recreational facilities, toilets, dumping stations, showers, coin-operated laundry facilities and other uses and structures customarily incidental to operation of a recreational vehicle park and campground are permitted as accessory uses to the park.

(b)

In addition, stores, restaurants, and other convenience establishments shall be permitted as accessory uses in recreational vehicle parks in districts where such uses are not allowed as principal uses, subject to the following restrictions:

(1)

Such establishments and the parking areas primarily related to their operations shall not occupy more than five percent (5%) of the gross area of the park.

(2)

Such establishments shall be restricted in their uses to occupants of the park, unless approved otherwise as part of the Conditional Use Permit.

(3)

Such establishments shall present no visible evidence from any street outside the park of their commercial character which would attract customers other than occupants of the park.

(4)

The structure housing such facilities shall not be located closer than one hundred (100) feet to any public street but shall be accessible only from a street within the park.

(a)

A general area amounting to not less than ten percent (10%) of the gross area of the recreational vehicle park, excluding any area dedicated as public right-of-way, shall be provided for recreation and open space use.

(b)

Such area shall not include any area designated as a recreational vehicle space, storage area, required yard, service building or sanitary facility or waste station area.

(c)

Recreational facilities shall be included in the ten-percent requirement for open space.

(a)

Yards and Setbacks. Each recreational vehicle park shall set aside along the perimeter of the park the following areas which shall be landscaped and used for no other purpose:

(1)

Minimum front setback: twenty-five (25) feet, except when the recreational vehicle park fronts on a state highway; then the minimum shall be fifty (50) feet.

(2)

Minimum side setback: when abutting residential districts, the side setback shall be fifty (50) feet; when abutting a dedicated public right-of-way, the side setback shall be twenty-five (25) feet on the side street; when abutting any other zone district, the side setback shall be fifteen (15) feet along the interior lot line.

(3)

Minimum rear setback: if the rear yard abuts a dedicated public right-of-way, the minimum setback shall be twenty-five (25) feet. If the rear yard abuts any other zoning district, the setback shall be fifteen (15) feet.

(b)

Landscaping. A landscaping plan that complies with the requirements for commercial uses in Division 5 of Article III.

(c)

Boundary Fencing. Except for the front boundary, each recreational vehicle park shall be enclosed by a solid fence of wood or wall of concrete block or brick not less than six (6) feet in height.

(a)

All Utilities Underground. All public utilities within the recreational vehicle park shall be underground.

(b)

Water Supply. The water supply for the recreational vehicle park shall be provided by a delivery system that is owned and operated by the property owner or a legal political subdivision. The system shall be designed by a Professional Engineer licensed in the state of Colorado and submitted with the site plan application.

(c)

Sewage Disposal. Facilities shall be provided and properly maintained for the collection and disposal or treatment and disposal of sewage.

(1)

Where a public sewer system is available, the recreational vehicle park shall be provided by a collection system that is owned and operated by the property owner or a legal political subdivision. The system shall be designed by a Professional Engineer licensed in the state of Colorado and submitted with the site plan application...

(2)

Solid and liquid wastes shall not be discharged or otherwise disposed of on the surface of the ground or into any well, cave, open ditch, stream, lake, or reservoir.

(d)

Electricity and Natural Gas.

(1)

An electric outlet approved by an electric utility shall be provided for each recreational vehicle space. The installation shall comply with all state and local electrical codes. Such electrical outlets shall be weatherproof.

(2)

Street and yard lights shall be provided in such number and intensity as to ensure safe movement of vehicles and pedestrians at night. A light shall be located at each outside entrance of the service buildings, which shall be kept lighted during hours of darkness.

(3)

Where natural gas is provided, the installation will comply with all applicable state and Town building code regulations.

(e)

Utility Plans. Plans for water, sewer, electricity, and natural gas must be submitted for approval with the site plan application.

(f)

Refuse Disposal.

(1)

The storage, collection and disposal of refuse shall be performed so as to minimize accidents, fire hazards, air pollution, odors, insects, rodents, or other nuisance conditions.

(2)

Refuse shall be collected and removed from the premises as often as necessary, but not less than once weekly, and disposed of at a lawful disposal site.

(3)

No burning of refuse will be permitted at the recreational vehicle park.

(g)

Fire Prevention and Protection.

(1)

All recreational vehicle parks shall comply with the current Fire Code of the Town.

(2)

Hand fire extinguishers of a type approved by the Fire District shall be maintained in effective working order and located in convenient places in the ratio of one (1) to eight (8) recreational vehicle spaces. The location of fire extinguishers must be approved by the Fire District.

(3)

No outdoor fires will be allowed except in grills, ovens, stoves, or park-provided fire boxes. Park-provided boxes must be approved by the Fire District. No open fires are allowed.

(4)

Fire hydrants shall be located as required by the latest adopted fire codes.

(a)

Required toilet, lavatory and bathing facilities shall be provided in the following minimum numbers:

M = Male F = Female

(b)

At least one (1) toilet and shower facility shall be provided to accommodate handicapped persons.

(c)

No portable toilets will be allowed in recreational vehicle parks.

(a)

L.P. tanks shall be limited to one-hundred-pound size.

(b)

Storage buildings, lean-tos, bins, or other outside storage facilities shall not be allowed at recreational vehicle sites.

(a)

No recreational vehicle shall be used as a permanent place of residence or business for indefinite periods of time. Continuous occupancy extending beyond three (3) months in any twelve-month period shall be presumed to be permanent occupancy.

(b)

Any action toward removal of wheels of a recreational vehicle except for temporary purposes of repair or to attach the trailer to the ground for stabilizing purposes is hereby prohibited.

(a)

Enforcement of Regulations. The owner or operator of any recreational vehicle park shall arrange for the management and supervision of such recreational vehicle park so as to enforce or cause compliance with the provisions of this Article.

(b)

Maintenance. The owner, operator or attendant of every recreational vehicle park shall assume full responsibility for maintaining in good repair and condition all facilities of the recreational vehicle park as required herein.

(c)

Office. In every recreational vehicle park, there shall be a designated office building in which shall be located the office of the person in charge of said park. A copy of all required Town and state licenses and permits shall at all times be kept in said office.

(d)

Management Duties. It shall be the duty of the attendant or person in charge, together with the owner or operator, to:

(1)

Keep at all times a register of all tenants (which shall be open at all times to inspections by state, county and federal officers and officers of the Town) showing for all tenants:

(2)

Dates of entrances and departures.

(3)

License numbers of all recreational vehicles and towing vehicles or automobiles.

(4)

States issuing such licenses.

(5)

Maintain the park in a clean, orderly, and sanitary condition at all times.

(6)

See that provisions of this Article are complied with and enforced and report promptly to the proper authorities any violations of law which may come to his or her attention.

(7)

Report to local health authorities all cases known to the owner to be infected with any communicable diseases.

(8)

Pay promptly to the Town all license fees required by Town ordinances or other laws.

(9)

(Prohibit the use of any recreational vehicle by a greater number of occupants than that which it is designed to accommodate.

In order to provide uniform administrative procedures and quality development standards, Manufactured Home Parks in R-M Districts shall conform to all Site Plan requirements in 16-6-340 of this Code.

(1)

A zoning amendment to the official zoning map to R-M District shall not occur until a final plat is approved and recorded as provided in Article V "Subdivision Requirements" of this Chapter.

(2)

Vesting of property rights in a R-M District accrue only for that portion of the property granted a final plat approval.

(3)

All public utility distribution lines shall be placed underground.

(4)

The minimum number of acres which may constitute a R-M District for the purpose of Manufactured Home Communities shall be five (5) acres.

(5)

Building and occupancy permits for manufactured homes shall comply with the following requirements:

(1)

It shall be unlawful to erect, move or place any manufactured home onto any site, lot, or tract without first obtaining a building permit.

(2)

It shall be unlawful to erect, move or place any manufactured home onto any site, lot or tract that does not meet the standards contained in this Division or Article III of this Chapter.

(3)

Application for a building permit shall be made in accordance with the requirements of the Building Code and is subject to applicable fees as set forth on the last adopted Fee Schedule.

(4)

No building permit for the installation of a manufactured home shall be issued unless the manufactured home meets applicable Town codes and the requirements of the National Manufactured Home Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401 et seq.), or the 1976 National Construction Standards (HUD Standard 24 CFR Part 3280 as identified by a metal HUD label attached to the exterior of the home.

(6)

Only one (1) family may occupy a single manufactured home.

(a)

All manufactured homes must be certified and be installed in accordance with the State of Colorado Division of Housing "Manufacture Housing Installation Program" and adopted building codes.

(b)

The manufactured home must have brick, wood or cosmetically equivalent exterior siding on all exterior walls which provides a consistent, continuous facade from the bottom of the soffit (top of the wall section) downward to the top of the exposed perimeter foundation. The exterior siding of the manufactured home must have the same appearance as materials commonly used on residential dwellings. Metal siding must be painted or anodized.

(c)

The manufactured home must have a pitched roof with a pitch of at least a nominal 3/12. The roof must be covered with shingles, shakes or tile. Eaves of the roof must extend at least one (1) foot from the intersection of the roof and the exterior walls.

(d)

The manufactured home must have color-coordinated body and trim. Colors of both the factory components and the site-built components shall be the same.

(e)

The main entrance to the manufactured home must face or be oriented toward an adjacent street.

(f)

The transportation mechanisms, including the wheels, and hitch, must be removed.

(g)

No manufactured home shall be occupied for dwelling purposes unless it is properly placed in a manufactured home space and connected to water, sewerage, electric and gas utilities, as appropriate.

(h)

Additions to increase the floor area of manufactured home shall not be permitted except for patios, porches, garages, decks, or carports. Garages may be detached or attached.

(i)

Prior to occupancy, the Building Inspector shall inspect each manufactured home to determine compliance with the Town Code. No occupancy shall be permitted, or certificate of occupancy issued until said inspection and all connections to public utilities have been made. The owner or home builder shall pay to the Town a building permit fee for each residential structure as may be required by the Town Code.

(j)

All additions shall comply with minimum yard requirements, and a building permit shall be required in advance for any such addition.

(k)

No factory-built home, manufactured home or mobile home shall be allowed to be in a dilapidated state. This includes units that are partially or totally damaged by fire, earthquake, flood, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from improper lack of maintenance, vandalism or infestation with insects or rodents. Any such dilapidated structure shall be returned to and maintained in the condition as originally established on site and as inspected by the Building Inspection Department, or it shall be removed from site. Repair of non-conforming structures or uses shall be in accordance with non-conforming structure provisions found in the Land Use Code.

(a)

Street Design Standards.

(1)

Interior Roads. All interior two-way roads shall be twenty-eight (28) feet minimum width and all interior one-way roads shall be twenty (20) feet minimum width. All roads shall be paved with asphalt and crowned to facilitate drainage. Roadways shall be designed for the safe and convenient movement of vehicles and meet circulation requirements for emergency vehicles.

(2)

Primary through streets shall be thirty-four (34) feet from back of curb to back of curb, with a four-foot sidewalk on one (1) side being located six (6) feet from the back of curb.

(b)

Parking.

(1)

Every manufactured home space shall have two (2) off-street parking spaces adjacent to the manufactured home. There shall be one (1) additional parking space for each manufactured home space within one hundred (100) feet for use of occupants and guests.

(2)

Off-street Vehicle Parking for Recreation Facilities. Off-street vehicle parking shall be provided for recreation facilities located within a manufactured home community. One (1) space per two hundred fifty (250) square feet of gross floor area, plus one (1) space per employee at the maximum shift, shall be provided for enclosed recreation facilities. Twenty (20) spaces are to be provided for every diamond or athletic field, or one (1) space for every four (4) spectator seats, whichever is greater. (One [1] seat is equal to two [2] feet of bench seating length.) Handicapped parking spaces shall be provided in conformance with the Americans With Disabilities Act, as may be amended from time to time.

(c)

Pedestrian Circulation. The developer shall provide for a system of pedestrian circulation within the development. The system shall connect with existing sidewalks if any are adjacent to the property. The system shall be designed to link residential units with recreation facilities, school bus stops and existing sidewalks in the neighborhoods. Sidewalks shall be constructed as specified in the Design Criteria and Construction Specification manual.

(d)

Street and Sidewalk Lighting. All streets and sidewalks shall be lighted in accordance with the standards contained in the Design Criteria and Construction Specification manual.

(e)

Access and Circulation. A manufactured home community development shall have two (2) means of access to public streets at the perimeter of the site. Internal circulation may be provided by public or private streets, driveways, and alleys. Each manufactured home space shall be provided access to the internal circulation system. No manufactured home space shall have direct access to a public street on the perimeter of the site.

(f)

Sidewalk Between Street and Manufactured Home. Concrete sidewalks shall be provided between the manufactured home and the adjacent street sidewalk; except that the paved parking area may satisfy this requirement provided a sidewalk is provided from the parking area to the manufactured home.

(g)

Traffic Control.

(1)

Pursuant to Section 42-4-1102, C.R.S., the Town elects to impose and enforce stop sign regulations, speed limits and parking restrictions posted in accordance with the Manual of Uniform Traffic Control Devices upon all highways and streets which are privately maintained in manufactured home communities. The owner of the manufactured home community shall provide such signs as may be required by the Town Engineer and agrees to erect and maintain such signs in conformity with the Model Traffic Code.

(2)

The stop sign placement, speed limits and parking restrictions shall be determined by the Town Engineer, but shall be consistent with the provisions of Sections 42-4-1101 et seq., 42-4-1204 and 42-4-1208, C.R.S.

(h)

Utility Design Requirement.

(1)

A utility plan prepared by an engineer licensed in the state of Colorado shall be provided as part of the Site Plan application.

(2)

Utilities shall comply with the standards in the Design Criteria and Construction Specifications manual.

(i)

Manufactured Home Community Landscaping. The developer shall landscape the perimeter and common open space of the manufactured home community in accordance with landscaping and buffering requirements in Article III of this Chapter. The developer shall provide front landscaping foreach manufactured home space in accordance with site plan approval.

(j)

Outdoor Living Area.

(1)

No less than eight (8%) percent of the gross site area shall be reserved for and devoted to improved recreation areas and facilities provided in locations convenient to all manufactured home spaces.

(2)

An outdoor living area shall be provided on each space equal to at least ten (10%) percent of its area, provided that in no case shall such area be less than three hundred (300) square feet or required to be more than five hundred (500) square feet. The minimum horizontal dimension of such area shall be not less than fifteen (15) feet.

(3)

Such outdoor living area shall be properly drained, located for convenience and optimum use and walled, fenced, or landscaped to provide reasonable privacy.

(k)

Tenant Storage.

(1)

A separate uniform tenant storage structure may be provided for each space, located on each space.

(2)

Each manufactured home space is allowed one storage structure that shall be a minimum of one hundred and twenty (120) square feet for each manufactured home space.

(3)

Design and location of tenant storage shall enhance the appearance of the park, and the exterior siding of the structure shall have the same appearance as materials commonly used on residential dwellings.

(l)

Street Names, Addressing, Mail Delivery.

(1)

Street names, addressing and mail delivery shall be included in the Site Plan materials and shall comply with the requirements of the Town's Design Criteria and Construction Specifications, addressing requirements and the US Postal Service's mail delivery requirements.

(m)

Solid Waste Disposal.

(1)

The owner of the manufactured home community shall be responsible for the promulgation and enforcement of rules and regulations governing solid waste storage and handling that meet or exceed state or federal regulations.

(2)

The owner shall provide containers for the storage of solid wastes awaiting collection for each manufactured home space. Containers shall be sized to completely contain all solid waste that is generated on the premises. Containers are to be fly-tight, watertight, and rodent proof and are to be kept off the street, curb, sidewalk, and all other public ways, and concealed from public view, except on collection day.

(a)

Resident's Council. A manufactured home community development shall establish a Resident's Council. The Resident's Council shall be established from residents living within the community and from different sectors of the community. The purpose of the Resident's Council shall be to foster communication between residents and management. The Resident's Council shall serve as a method for residents of a manufactured home community development to direct questions and concerns to management and to assist in the social programs of the community. The Resident's Council shall meet with management on a regular basis established by the Resident's Council, but not less than quarterly. The meeting shall be noticed and be open to all residents of the manufactured home community. The Resident's Council shall be subject to popular election.

(b)

Single Ownership of a manufactured home community development. A manufactured home community development may not be converted to another use other than such uses provided for in the approved Site Plan. Changes to the approved Site Plan or proposed changes of use shall follow the processes outline in Article VI of this Chapter.

(1)

The land within a manufactured home community development shall remain in a unified ownership and the individual ownership of lots or portions of lots shall not be transferred.

(2)

No dwelling unit other than a manufactured home shall be located within a manufactured home community development.

(a)

These regulations are enacted to protect and promote the health, safety, and general welfare of the present and future residents of the Town. It is the Town's intent by enacting these regulations to facilitate and mitigate potential land use conflicts between such development and existing, as well as planned, land uses. It is recognized that under Colorado law the surface and mineral estates are separate and distinct interests in land and that one may be severed from the other. Owners of oil and gas interests have certain legal rights and privileges, including the right to use that part of the surface estate reasonably required to extract and develop their subsurface oil and gas interests, subject to compliance with the provisions of these regulations and any other applicable statutory and regulatory requirements. The State has a recognized interest in the fostering of efficient development, production and utilization of oil and gas resources and particularly in the prevention of waste and protection of the correlative rights of common surface owners and producers to a fair and equitable share of production therefrom. Similarly, owners of the surface estate have certain legal rights and privileges, including the right to have the mineral estate developed with reasonable accommodation and to have adverse land use impacts upon their property, associated with the development of the mineral estate, mitigated through compliance with these regulations so long as these regulations do not create operational conflict with the State's authority to regulate oil and gas development.

(b)

Local governments have a recognized, traditional authority and responsibility to regulate land use within their jurisdiction, including use for oil and gas drilling. These regulations are intended as exercise of this land use authority to the extent that they do not create an operational conflict.

(c)

The Town recognizes that this Article does not supersede or preempt the regulations of the Energy and Carbon Management Commission or any other State regulations nor is this Article intended to conflict with those regulations. The Town acknowledges the authority of the ECMC and the application of its rules to oil and gas drilling and production operations within the Town's boundaries, confirms that the ECMC's regulations govern oil and gas drilling and production operations in the Town and, therefore, adopts the ECMC's regulations as of passage of this Article. To the extent the ECMC's regulations change in the future, the Town will use the provisions in this Code as a default for oil and gas operations within the Town's jurisdiction. The Town further acknowledges that a Permit to Drill issued by the ECMC shall be binding with respect to any operationally conflicting requirement under this Article.

(Ord. 814, § 1, 3-27-2024)

(a)

The provisions of this Article shall apply to all oil and gas exploration and production operations proposed on or beneath property within the Town limits.

(b)

Oil and gas facilities within Town limits and in place prior to March 11, 1983, will be considered legal nonconforming uses, however, such facilities must be registered with the Town. The operator must supply the Town with copies of the site plan, operating plan, reclamation plan, as-builts and fire and emergency response plans pursuant to this Article.

(c)

Where provisions in this Chapter are in conflict with other provisions of this Code or other applicable regulations, the more restrictive, or that provision which results in the higher standard, shall apply unless the application of the Code results in an operational conflict with the State regulation of oil and gas development.

(d)

Exceptions to the provisions of this Article may be granted by the Planning Commission. If such exception is part of the approval process of the Special Use Permit, then the exception shall only be approved if the applicant demonstrates that the exception or waiver is necessary to prevent waste or protect correlative rights and can provide adequate mitigation measures for the Town standards waived. Decisions of the Planning Commission may be appealed to the Board of Trustees as provided for in Section 16-3-350 Appeals must be filed within one (1) month of the Planning Commission's written decision.

(e)

Use tax. All operators must conform to applicable provisions of this Code relating to taxation.

All terms used in this Article have the definitions given by the Oil and Gas Conservation Act of the State of Colorado ("Act") or in the Energy and Carbon Management Commission ("ECMC") regulations. All other words used in this Article are defined in this Section of the Article or are given their usual, customary and accepted meaning and all words of a technical nature, or peculiar to the oil and gas industry, shall be given that meaning which is generally accepted in said oil and gas industry. The following words and phrases used in this Article have the following meanings:

Act means the Oil and Gas Conservation Act of the State.

Applicant means the person making an application for a special use permit (or Existing Use Site Plan Order) on behalf of the operator or owner of a well.

Blowout means the uncontrolled discharge of gas, liquid or solids, or a mixture thereof, from a well into the atmosphere.

Blowout preventor means a mechanical, hydraulic, or pneumatic or other device, or a combination of such devices, secured to the top of a well casing, including valves, fittings and control mechanisms connected therewith designed to prevent and capable of preventing a blowout.

Bottomhole means the final underground location and depth of the well.

Commission means Town of Milliken Planning Commission.

Drill pad site means the areas that are directly disturbed during the drilling and subsequent operation of or affected by production facilities directly associated with one (1) or more oil well, gas well or injection well.

Drill site or platform means the premises used during the drilling and subsequent life of a well or wells, which is necessary for the safe operation thereof.

Drilling envelope or window means the area designated by the COGCC in which wells can be drilled.

ECMC means Energy and Carbon Management Commission.

Exploration means the search for natural accumulations of oil, gas, or other hydrocarbons.

Injection well means any hole drilled into the earth into which fluids are injected for the purposes of secondary recovery, storage, or disposal, pursuant to authorizations granted by the COGCC.

Mineral owner means any person having title or right of ownership in subsurface oil, gas, or other hydrocarbons and/or a leasehold interest therein.

Multiple oil and gas operations permit means a permit issued by the Town if more than one (1) well or production facility is being applied for and approved at the same time by the same applicant.

Multiwell site means a common well pad from which multiple wells may be drilled to various bottomhole locations.

New well site means any oil or gas well location that is approved by the Commission pursuant to this Article, but does not include any deepened, sidetracked, rebored, recharged, redrilled, refraced, reentered, reworked, or twinned well.

Operating plan means a general description of the facility identifying purpose, use, typical staffing pattern, seasonal or periodic considerations, routine hours of operating, source of services/infrastructure, any mitigation plans and any other information related to regular functioning of that facility.

Reboring, recharging, predrilling or refracing means the deepening of an existing oil or gas well or otherwise drilling beyond the extremities of the existing well casing.

Reentering means accessing an existing well bore for either the original or amended purpose, provided that such well has not been abandoned.

Sidetracking means entering the same well head from the surface, but not necessarily following the same well bore, throughout its subsurface extent when deviation from such well bore is necessary to reach the objective depth.

Structure means that which is built or constructed on the surface estate including a tank, edifice or building of any kind, except temporary structures used in the actual drilling, development, or rework operations.

Surface owner means any person having the title or right of ownership in the surface estate of real property or leasehold interest therein.

Town means Town of Milliken, Weld County, Colorado.

Twinning means the drilling of wells within fifty (50) feet of each other.

Wellhead means the mouth of the well at which oil or gas is produced.

(Ord. 814, § 2, 3-27-2024)

(a)

New Well Sites.

(1)

It shall be unlawful for any person to drill a new well, construct a new facility or install new accessory equipment or pumping system that has not been previously permitted under this Article, unless a special use permit has been obtained in accordance with the procedures defined in this Article.

(2)

The granting of such a special use permit shall not relieve the operator from otherwise complying with all applicable Town, State and Federal regulatory requirements.

(3)

One (1) special use permit may be issued for multiple drill pad sites containing one (1) or more wells if the drill pad sites are located within a half section area or area of equivalent size or the drill pad sites are in a single section or area of equivalent size and under one (1) property ownership.

(4)

Any such permit issued pursuant to this Article shall encompass within its authorization the right for the operator, his or her agent, employee, subcontractor or independent contractor or any other persons to perform that work necessary in the drilling, completion or maintenance operations.

(5)

For the purpose of this Article, the installation of tanks, heaters, separators, and other accessory equipment shall be construed as extensions to oil and gas wells and shall accordingly be subject to the same applications, review, permit, regulations, and standards. The application for these accessories when intended to be installed at the same time as the oil or gas well may be merged with an application for an oil or gas well special use permit and shall not require an additional permit fee.

(6)

Town Staff may make exceptions to this Section provided that such exceptions are reasonable and relate to the current development plan.

(b)

Modifications to Existing Well Sites.

(1)

When a well or well site is existing with an approved special use permit any twinning, sidetracking, connecting, deepening, recompleting, refracing or reworking of a well and relocation of accessory equipment or gathering and transmission lines does not require a new permit so long as all applicable regulations of this jurisdiction and the State are met and the Town is notified.

(2)

If any changes are made to a legally nonconforming well during twinning, sidetracking, deepening, recompleting, refracing or reworking of a well, or relocation of accessory equipment or gathering and transmission lines occurs, the operator shall submit a revised site and operating plan to the Town depicting any changes from the approved by the State or other granted right to proceed.

(c)

Waiver Requests.

(1)

During the review of the State permit by the Town, a waiver may be requested by the owner/operator under the following conditions:

a.

Drill pad site is located in an area with little or no impact to developed areas of Town.

b.

There are no conditions of approval or impact concerns from the Town discovered during the referral review process by Town Staff.

(2)

Waiver requests will be presented to the Planning Commission for approval or denial at a regularly scheduled meeting.

(a)

Application fee and deposit. A nonrefundable fee is collected to cover the cost of review by the Town Staff and notice and publication expenses. A deposit and fee agreement is necessary to cover costs for review of any other expert whom the Town may wish to employ. Actual costs may exceed the deposit; in this case, the applicant is liable for costs in excess of the deposit. The Town shall provide the applicant with a copy of the most current fee schedule and fee agreement form. The application fee for a special use permit application shall be as set forth in the Town Adopted Fee Schedule for:

(1)

An individual well or oil and gas facility; or

(2)

Multiple drill pad sites as described in Section 16-4-515(a)(4) fees shall be: one hundred (100%) percent for the first drill pad site, fifty percent (50%) for the second drill pad site and twenty-five (25%) percent for any subsequent drill pad sites.

(b)

Town Staff may make exceptions to this Section provided that such exceptions are reasonable and related to the current development plan.

(c)

Waiver Fee. A nonrefundable fee is collected to cover the costs of review by Town Staff and the Planning Commission. The waiver fee shall be as set forth in the Town Adopted Fee Schedule.

(a)

The special use permit process for new oil and gas operations is as follows:

(1)

Step 1: Optional Preapplication Conference. The applicant may attend a preapplication conference with a representative from the Town. This preapplication conference is preferred, though not required. The purpose of the conference is to discuss the special use permit submittal requirements and review process.

(2)

Step 2: Application Submittal. See Section 16-4-530 for Application Submittal Requirements.

(3)

Step 3: Staff Reviews and Certifies the Application is Complete. Within two (2) weeks of the submittal, Staff shall either certify that the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. The applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application to the Town. The original application and all documents requiring a signature shall be signed in blue ink.

(4)

Step 4: Staff Refers Application to Referral Agencies. Not less than twenty-eight (28) days before the date scheduled for the Planning Commission public hearing, the Town shall send information about the application by regular mail to the necessary referral agencies. The referral information shall include the time and place of the public hearing, the nature of the hearing, the location of the subject property and the applicant's name. If no response is received from the necessary referral agencies as of the time of the hearing, then such referral agencies shall be deemed to have approved the application.

(5)

Step 5: Staff Reviews Application and Prepares Comments. Staff shall review the application for compliance with this Article and all other applicable Federal, State and Town regulations and standards. A summary of this review including deficiencies shall be sent to the applicant.

(6)

Step 6: Applicant Addresses Staff and Referral Agencies Comments. The applicant shall address all of the Staff comments, then submit the following to the Town:

a.

Letter explaining how all of the comments have been addressed; and

b.

Revised maps and other documents.

(7)

Step 7: Town Schedules Public Hearing and Completes Notification Process. The Town shall:

a.

Publish notice of the public hearing in the newspaper not later than twelve (12) days prior to the public hearing date.

b.

Mail notice to all parties entitled to notice of the application not later than twelve (12) days prior to the public hearing date.

c.

The applicant shall:

d.

Post the property not later than twelve (12) days prior to the public hearing date.

(8)

Step 8: Final Staff Review and Report to Planning Commission. Staff will complete a final review of the resubmitted materials and then prepare a report to the Planning Commission explaining how the application is or is not consistent with the review criteria and applicable Town codes, regulations, and standards.

(9)

Step 9: Planning Commission Public Hearing and Action. The Planning Commission shall hold a public hearing for the purpose of taking action on the special use permit application.

(b)

Conditions of Approval:

(1)

Following the public hearing, the Planning Commission may approve, conditionally approve, or deny the Conditional Use application based on the use by special review application review criteria. A use by special review permit may be revocable, may be granted for a limited time period or may be granted subject to conditions as the Planning Commission may prescribe, so long as such conditions do not conflict with State law or ECMC regulations.

(2)

A special use permit for oil and gas facilities shall become null and void three (3) years after approval of the special use permit if development of the site does not commence.

(Ord. 814, § 3, 3-27-2024)

An application for a special use permit pertaining to wells and oil and gas facilities shall include the following unless waived as per Subsection 16-4-515(c):

(a)

Completed special use permit application.

(b)

Application fee and deposit as set forth in Section 16-4-520.

(c)

Certification from applicant that it has the legal right to develop the subject property and that it has provided notice to those persons requiring notice under State law, persons specifically requesting notice and those persons required to receive notice under ECMC regulations.

(d)

The operator's and surface owner's names and addresses, copies of any required ECMC Form 2 and 2A and designation of agent, if applicable.

(e)

List of all necessary State permits.

(f)

Vicinity map. The vicinity map shall show the proposed development and the surrounding area (with a maximum illustration of a one-and-one-half-mile radius around the property). The map shall be twenty-four (24) inches high by thirty-six (36) inches wide using an aerial map as the basis and provide the following information:

(1)

Title of project.

(2)

North arrow, scale (not greater than 1" = 1,000') and date of preparation.

(3)

Boundary of proposed project.

(4)

Existing (for developed land) and proposed (for vacant/agricultural land) land uses for the properties shown on the map (i.e., residential, commercial, industrial, park, etc.); label land use and whether it is existing or proposed.

(5)

Location of existing oil and gas wells as reflected in ECMC records.

(6)

Location of drill site. The information to be submitted shall be ECMC Form 2 and shall include the Parcel Tax Identification Number.

(7)

Major streets, if any (show and label street names).

(8)

Existing public water and sewer lines and proposed connections, if any.

(9)

Regional open space/trail networks per the Comprehensive Plan, if any.

(10)

Major ditches, rivers, and bodies of water, including floodplains.

(11)

Adjacent properties identified by subdivision name or zoning district.

(g)

Site Plan. The site plans for a well site submitted with an application for a special use permit shall be submitted on one (1) or more plats or maps, at a scale not less than 1" = 50', showing the following information:

(1)

The proposed location of the well site or oil and gas facilities associated with the well. Existing tank batteries and transmission and gathering lines within six hundred sixty (660) feet of the well site shall be shown.

(2)

The location of layout, including, without limitation, the position of the drilling equipment and related facilities and structures, if applicable.

(3)

True north arrow.

(4)

Existing improvements, if any, within a radius of six hundred sixty (660) feet of the proposed well.

(5)

Existing utility easements and other rights-of-way of record, if any, within a radius of six hundred sixty (660) feet of the proposed well.

(6)

Existing irrigation or drainage ditches within four hundred (400) feet of the well site or production site, if any.

(7)

Location of access roads.

(8)

Well site boundaries and existing lease boundaries.

(9)

The names of abutting subdivisions or the names of owners of abutting, unplatted property within three hundred (300) feet of the well site or production site.

(10)

The name and address of the operator and the name of the person preparing the site plan or map.

(11)

Typical rig layout.

(h)

Fire and Emergency Response Plan. An emergency response plan that is mutually acceptable to the operator, the appropriate fire protection district and the police department that includes a list of local telephone numbers of public and private entities and individuals to be notified in the event of an emergency, the location of the well and provisions for access by emergency response.

(i)

Operating Plan. An operating plan, including site preparation, maintenance and restoration details for the drilling, completion and production phrases, and abandonment and reclamation. This plan should include information on inspections and maintenance, emergency response, recordkeeping, site security, hours of operation and final disposition of waste.

(j)

If acceptable by the Town, an applicant may submit a copy of the applicable application for permit to drill or Form 2A in lieu of the foregoing application requirements.

(Ord. 814, § 4, 3-27-2024)

The Planning Commission shall approve an application for a special use permit for oil and gas facilities if the application submitted by the applicant conforms to the requirements set forth in this Article and the Energy and Carbon Management Commission (e.g., impact mitigation and setbacks).

(Ord. 814, § 5, 3-27-2024)

(a)

All wells, accessory equipment and structures may be inspected by Town inspectors at reasonable times to determine compliance with applicable safety and security provisions of this Article, the adopted Fire and Building Codes, and all other applicable Town security standards and regulations including any conditions of a special use permit. For the purpose of "implementing and enforcing the provisions of this Article, Town personnel have the right to enter upon private property after reasonable notification to the operator, and the operator shall have the opportunity to be present during such inspection.

(b)

Fee.

(1)

The Town has established an annual security fee as set forth in the adopted fee schedule, payable to the Town on a facility basis, due to the Town for all oil and/or gas well sites which are not classified as shut-in by the ECMC and are presently located within the corporate limits of the Town.

(2)

The security fee shall be paid for wells or oil and gas facilities on a facility basis for each year or part of a year during which such well has not been plugged or abandoned.

(3)

This security fee shall be payable in advance on or before January 31st of the year in which the new well or oil and gas facility are completed and continuing on the 31st day of January each year thereafter.

(4)

Failure of any owner of an oil or gas well or oil or gas facility to make payment of this safety and security fee by January 31 of each calendar year shall subject the owner to a ten (10%) percent administrative surcharge fee. Interest on the unpaid fee shall be one (1%) percent per month for each month that this fee remains unpaid.

(5)

No security fee shall be due for the calendar year in which any special use permit was approved.

(Ord. 814, § 6, 3-27-2024)

(a)

Prior to commencement of operations for which a use permitted by conditional review has been approved, a notice to proceed shall be obtained from the Town Clerk. The Town Clerk shall issue the notice to proceed upon receipt of the following:

(1)

A copy of the resolution approving a use permitted by conditional review for a well or wells or waiver approval of the requirements for a special use permit.

(2)

A copy of the approved site plan.

(3)

A copy of an approved extra-legal vehicle or load permit issued by the Town Clerk pursuant to this Code, if applicable.

(4)

Copies of any necessary State or Federal permits issued for the operation, if not previously submitted.

(b)

The Town will supply the notice to proceed within three (3) working days of receiving the information listed above.

(c)

A conditional notice to proceed may be issued contingent upon the Town's receipt of the documents described above. This documentation shall be supplied within ten (10) business days after receipt by the applicant. The conditional notice to proceed shall expire in one (1) month or such additional time as granted by the Town's staff where special circumstances are presented by the applicant. The termination of the conditional notice to proceed shall not terminate or invalidate an applicant's approved special use permit or approved waiver.

(a)

The intent of this Section is to ensure that the Town has the correct contact information in case of an emergency, code violation or security concern.

(1)

Service of Notice. As required by the ECMC, every operator shall designate an agent who is a resident of the State upon whom all orders and notices provided in this Article may be served and shall specify in writing a mailing address for such agent. Every operator so designating such agent shall, within ten (10) calendar days, notify the Town, in writing, of any change in such agent or such mailing address unless operations in the Town are discontinued. The Town may serve any notice provided in this Article upon the operator by mailing the same, postage prepaid, to the operator's designated agent at his or her designated address. Service shall be complete upon such mailing. The operator shall give the Town written notice of any change in the designated agent or their contact information.

(2)

Transfer of Operator or New Operator. As required by ECMC, the operator shall notify the Town, in writing, of any sale, assignment, transfer, conveyance or exchange by said operator of a well's property and equipment within ten (10) calendar days after such sale, assignment, transfer, conveyance or exchange. The notice shall provide a map indicating the location of the properties and equipment involved in the transaction.

(Ord. 814, § 7, 3-27-2024)

(a)

Violation of any Federal, State, or local laws or regulations applicable to flood plains shall be a violation of this Article.

(b)

The well and tank battery shall comply with all applicable Federal, State, and local laws and regulations when located in a flood way or a one-hundred-year flood plain area.

(1)

All equipment at production sites located within a one-hundred-year flood plain shall be anchored as necessary to prevent flotation, lateral movement or collapse or shall be surrounded by a berm with a top elevation at least one (1) foot above the level of a one-hundred-year flood, if such anchoring is operationally and economically feasible.

(2)

Any activity or equipment at any well site within a one-hundred-year flood plain shall comply with the Federal Emergency Management Act.

(a)

All private access roads used to provide or maintain access to the well site or oil and gas facilities shall be improved and maintained according to the following standards so long as such standards are consistent with a private landowner's requests or the terms of a private surface use agreement with a landowner:

(1)

Oil and gas facility access roads. Access roads to tank batteries shall be subject to review by the Town in accordance with the following minimum standards:

a.

A graded gravel roadway having a prepared subgrade and an aggregate base course surface a minimum of six (6) inches thick compacted to a minimum density of ninety-five percent (95%) of the maximum density determined in accordance with generally accepted engineering sampling and testing procedures. The aggregate material, at a minimum, shall meet the requirements for Class 3, Aggregate Base Course, as specified in the Milliken Design Criteria and Construction Specifications manual.

b.

Graded so as to provide drainage from the roadway surface and constructed to allow for cross-drainage of waterways (such as roadside swales, gulches, rivers, creeks, and the like) by means of an adequate culvert pipe. Adequacy of the pipe is subject to approval of the Town.

c.

Maintained so as to provide a passable roadway free of ruts at all times.

d.

Wellhead access roads. Access roads to wellheads shall be subject to review by the Town in accordance with the following minimum standards:

e.

A graded, dirt roadway compacted to a minimum density of ninety-five percent (95%) of the maximum density determined in accordance with generally accepted engineering sampling and testing procedures and approved by the Town.

f.

Maintained so as to provide a passable roadway generally free of ruts.

(2)

Oversize or overweight vehicle or load permit. An oversize or overweight vehicle or load permit shall be required for all oversize or overweight vehicles or loads as defined in Sections 42-4-501 through 42-4-511, C.R.S., which use Town streets. Said permit, if required, shall be obtained from the Town prior to such use. The applicant shall comply with all Town and State regulations regarding weight limitations on streets within the Town, and the applicant shall minimize oversize or overweight vehicle traffic on streets within the Town.

Violation of any Federal, State, or local laws or regulations shall be a violation of this Article. The approval of a special use permit shall not relieve the operator from complying with all current applicable local, State and Federal regulations and standards concerning air quality, water quality and waste disposal. State law and regulations concerning noise abatement (Title 24, Article 12, C.R.S., and ECMC, Series 800 Rules) shall apply to all operations, together with applicable local government ordinances, rules, or regulations.

(Ord. 814, § 8, 3-27-2024)

The operator shall comply with all Town, county, State and Federal laws regarding waste and storage requirements. Violation of any Federal, State, or local laws or regulations shall be a violation of this Article.

Building permits must be obtained if applicable for any aboveground structures pursuant to which the adopted International Building Code applies.

The applicant for a special use permit or existing use site plan order shall provide the telephone number of a contact person who may be reached twenty-four (24) hours a day for purposes of being notified of any proposed Town emergency inspection under this Section. Any site for which a special use permit or existing use site plan order has been granted may be inspected by the Town at any time, to ensure compliance with the requirements of the approved special use permit or existing use site plan order, or to address any emergencies that may arise. By accepting an approved special use permit or existing use site plan order, the applicant grants its consent to such emergency inspections. The operator shall reimburse the Town or the applicable fire district for any emergency response costs incurred by the Town or the fire district in connection with activity at the well site or production site, except that the operator shall not be required to pay for emergency response costs where the response was precipitated by a mistake of the Town or fire district.

(a)

Injunctive Relief. The Town may seek injunctive relief from any act or acts which are in violation of this Chapter, and the penalties in this Code shall be in addition to such injunctive relief.

(b)

Penalty Clause. Any person, firm, corporation or legal entity that constructs, installs or uses, or which causes to be constructed, installed or used, any oil, gas or injection well, well site or production site or commits any act or omission in violation of any provision of this Article or of the conditions and requirements of the special use permit may be punished by a fine not exceeding three hundred dollars ($300.00) or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment. If the Municipal Court becomes a qualified court of record, such maximum fine shall not exceed one thousand dollars ($1,000.00) and such period of imprisonment shall not exceed one (1) year. Each day of such unlawful operation constitutes a separate violation.

If any part or parts of this Article are invalidated by operation of the legislative or judicial branch of the State government, it is the intention of the Town that such parts be severed from this Article and the remaining parts of the Article continue in full force and effect.

(a)

The Town recognizes and acknowledges that the following matters are governed by the ECMC and the applicable ECMC regulations:

(1)

Well and Production Facility Setback Requirements (300 and 600 Series Rules);

(2)

Exploration and Production Waste Disposal (900 Series Rules);

(3)

Seismic Operations (300 Series Rules);

(4)

Signage (200 Series Rules);

(5)

Noise Impacts, Visual Impacts, and Environmental Impacts (600, 800, and 1200 Series Rules);

(6)

Flow Lines and Pipeline Operations (1100 Series Rules);

(7)

Reclamation (1000 Series Rules); and

(8)

Abandonment and Plugging of Wells (300 Series Rules).

(Ord. 814, § 9, 3-27-2024)

(a)

New Oil or Gas Wells and Facilities.

(1)

When buildings with occupancy classifications listed as Groups A, B, E, F, H, I, M or R in Section 302.1 (as amended) of the Town's adopted International Building Code codified in Article II of Chapter 18 of this code are existing, new oil or gas wells and facilities shall not be located within the following distances:

a.

On any property zoned or used for agriculture, commercial or industrial, new wellheads shall not be located closer than one hundred fifty (150) feet from any existing building or structure, and tank batteries and production equipment shall not be closer than two hundred (200) feet from any existing building or structure;

b.

In any zoning district, wellheads, tank batteries, and/or associated oil production equipment must be three hundred fifty (350) feet away from any building or structure used for a place of assembly or school;

c.

On any property zoned or used for residential uses, no new wellhead, tank battery, or associated oil production equipment shall be constructed within three hundred fifty (350) feet of any building or structures; and

d.

Buildings or structures necessary to the operation of the oil and gas production facility or not included in the occupancies in Section 302.1 of the International Building Code may be allowed pursuant to the issuance of a building permit.

(2)

When platted lots, streets and subdivisions are existing, new oil or gas wells, tank batteries and facilities shall not be located within the following distances:

a.

Oil or gas wells, tank batteries, and production facilities shall not be constructed within one hundred fifty (150) feet of platted lots and subdivisions intended to be used for commercial and industrial.

b.

Oil or gas wells, tank batteries, and production facilities shall not be constructed within three hundred fifty (350) feet of platted lots and subdivisions intended to be used for residential.

c.

Oil or gas wells, tank batteries, and production facilities shall not be constructed within three hundred fifty (350) feet of platted lots intended to be used as a place of assembly or a school.

d.

Oil or gas wells, tank batteries, and production facilities shall not be constructed within fifty (50) feet of a street or right-of-way.

(b)

Existing Oil or Gas Wells and Facilities.

(l)

When oil or gas wells are existing, buildings with occupancy classifications listed as Groups A, B, E, F, H, I, M or R in Section 302.1 (as amended) of the Town's adopted International Building Code codified in Article II of Chapter 18 of this Code shall not be constructed within the following distances:

a.

On any property zoned or used for agricultural, commercial or industrial uses, no building or structure shall be constructed within one hundred fifty (150) feet of any wellhead, two hundred (200) feet from tank batteries, and twenty-five (25) feet from plugged or abandoned wells;

b.

In any zoning district, no building or structure used as a place of assembly or school shall be constructed within three hundred fifty (350) feet of any wellhead, tank battery, and/or associated oil production equipment, and twenty-five (25) feet from any plugged or abandoned wells;

c.

On any property zoned or used for residential uses, no structure or building shall be constructed within three hundred fifty (350) feet of an oil and gas production facility which includes any wellhead, tank battery, or associated oil production equipment or within twenty-five (25) feet from plugged or abandoned wells; and

d.

Buildings or structures necessary to the operation of the oil and gas production facility or not included in the occupancies in Section 302.1 of the International Building Code may be allowed pursuant to the issuance of a building permit.

(2)

When oil or gas wells are existing, lots and streets shall not be platted within the following distances:

a.

Lots shall not be platted within one hundred fifty (150) feet of an existing oil or gas well, tank battery or its production facilities.

b.

Lots intended to be used as a place of assembly or school shall not be platted to allow a building site within three hundred fifty (350) feet of an existing oil or gas well, tank battery or its production facilities.

c.

Streets shall not be platted within fifty (50) feet of an existing oil or gas well or its production facilities; provided, however, that streets may intersect collection pipes or flowlines at right angles.

d.

Lots and streets may be platted over oil or gas wells and production sites that have been abandoned and reclaimed. Such platting shall only occur after the completion of the abandonment and reclamation process.

(Ord. No. 823, § 3, 3-12-2025)

(a)

Pursuant to the procedures hereinafter set forth, the Board of Trustees may by ordinance subsequently adopted make the following designations of landmarks and historic districts:

(1)

Designate as a landmark, individual structure or other feature or an integrated group of structures and features on a single lot or site having a special historical or architectural value, and designate a landmark site for each landmark; and/or

(2)

Designate as an historic district an area containing a number of structures having a special historical or architectural value.

(b)

Each such designating ordinance shall include a description of the characteristics of the landmark or historic district which justify its designation and a description of the particular features that should be preserved, and shall include a legal description of the location and boundaries of the landmark site or historic district. Any such designation shall be in furtherance of and in conformance with the purposes and standards of this Article.

(c)

The property included in any such designation shall be subject to the controls and standards set forth in this Article.

(a)

A nomination for designation may be made by any member of the Board of Trustees or by any citizen by filing an application with the Town. The Town Clerk shall contact the owner of such landmark or property within a landmark district, outlining the reasons and effects of designation before the nomination is accepted for review.

(1)

Board Review with Owner's Consent. The Board of Trustees shall hold a public hearing on any proposal not more than sixty (60) days after the filing of an application for designation. The Board of Trustees shall review the application for conformance with the established criteria for designation. Within thirty (30) days after the conclusion of the public hearing, but in no event more than sixty (60) days after said hearing, the Board of Trustees shall either approve, modify, and approve or disapprove the proposal.

(2)

Board Review without Owner's Consent.

a.

If the owner of the property nominated for designation does not consent to the review, the Board of Trustees shall hold a public hearing on the proposal not more than sixty (60) days after the filing of the application.

b.

Notice of the time, date and place of such hearing, and a brief summary or explanation of the subject matter of the hearing, shall be given by at least one (1) publication in a newspaper of general circulation within the Town not less than twenty-one (21) days prior to the date of the hearing. In addition, at least twenty-one (21) days prior to the hearing date, the Town shall:

Post the property in the application so as to indicate that a landmark or historic district designation has been applied for; and

Mail written notice of the hearing to record owners, as reflected by the records of the County Assessor, of all property included in the proposed designation.

c.

Failure to send notice by mail to any such property owner where the address of such owner is unknown and not a matter of public record shall not invalidate any proceedings in connection with the proposed designation.

d.

The Board of Trustees shall review the application for conformance with the established criteria for designation. Within thirty (30) days after the conclusion of the public hearing, but in no event more than sixty (60) days after that date, the Board of Trustees shall either approve, modify, and approve or disapprove the proposal. In this instance, approval shall require an affirmative vote of three-quarters (¾) of the members of the Board of Trustees.

The Board of Trustees shall consider the following criteria in reviewing nominations of properties for designation:

(a)

Landmarks. Landmarks must be at least fifty (50) years old and meet one (1) or more of the criteria for architectural, social, or geographic/environmental significance hereinafter described. A landmark could be exempt from the age standard if it is found to be exceptionally important in other significant criteria. Historic sites shall meet one (1) or more of the criteria listed below.

(b)

Architecture.

(1)

Exemplifies specific elements of an architectural style or period;

(2)

Is an example of the work of an architect or builder who is recognized for expertise nationally, statewide, regionally, or locally;

(3)

Demonstrates superior craftsmanship or high artistic value;

(4)

Represents an innovation in construction, materials, or design;

(5)

The style is particularly associated with the Milliken/Colorado area;

(6)

Represents a built environment of a group of people in an era of history;

(7)

Is a pattern or grouping of elements representing at least one (1) of the above criteria; and

(8)

Significant historic remodel.

(c)

Social.

(1)

The site is of an historic event that had an effect upon society;

(2)

Exemplifies cultural, political, economic, or social heritage of the community; and

(3)

Has an association with a notable person or the work of a notable person.

(d)

Geographic/Environmental.

(1)

Enhances sense of identity of the community; and

(2)

Is an established and familiar natural setting or visual feature of the community.

(e)

Prehistoric and historic archaeological sites in consultation with the Colorado State Historic Preservation Office.

(f)

Historic Districts. For the purposes of this Article, a district is a geographically definable area including a concentration, linkage or continuity of subsurface sites, buildings, structures and/or objects. A district is related by a pattern of either physical elements or social activities. Significance is determined by applying criteria to the patterns and unifying elements. Nominations will not be considered unless the application contains written approval of sixty percent (60%) of the property owners within the district boundaries. Properties that do not contribute to the significance of the historic district may be included within the boundaries, as long as the noncontributing elements do not noticeably detract from the district's sense of time, place, and historical development. Noncontributing elements will be evaluated for their magnitude of impact by considering their size, scale, design, location and/or information potential. District boundaries will be defined by visual changes, historical documentation of different association or patterns of development, or evidence of changes in site type or site density as established through testing or survey. In addition to meeting at least one (1) of the criteria outlined in Subsections a through d below, the district must be at least fifty (50) years old. The district could be exempt from the age standard if the resources are found to be exceptionally important in other significant criteria. Historic districts shall meet criteria established by the Colorado State Historic Preservation Office.

(a)

If a building or special feature on a designated landmark site was lawfully removed or demolished, the owner may apply to the Board of Trustees for a revocation of the designation.

(b)

The Board of Trustees shall revoke a landmark designation upon determination that, without the demolished building or feature, the site as a whole no longer meets the purposes and standards for designation.

Designation of a landmark or historic district may be amended to add features or property to the site or district. Whenever a designation has been amended, the Town shall promptly notify the owners of the property included therein and shall record a copy of the amending ordinance with the County Clerk and Recorder.

(a)

No person shall carry out or permit to be carried out on a designated landmark site or in a designated historic district any new construction, alteration, removal or demolition of a building or other designated feature without first obtaining a landmark alteration certificate for the proposed work under this Article, as well as any other permits required by this Code.

(b)

The Town shall maintain a current record of all designated landmark sites and historic districts and pending designations. If the Building Department receives an application for a permit to carry out any new construction, alteration, removal or demolition of a building or other designated feature on a landmark site or in an historic district or in an area for which designation proceedings are pending, the Building Department shall promptly forward such application to the Town Clerk and Board of Trustees.

No person shall receive a permit to construct, alter, remove or demolish any structure or other feature on a proposed landmark site or in a proposed historic district after the date an application has been filed to initiate the designation of such landmark site or district.

(a)

An owner of property designated as a landmark or located in an historic district may apply for a landmark alteration certificate, including all information which the Planning Commission determines is necessary to consider the application, including without limitation plans and specifications showing the proposed exterior appearance, with texture, materials and architectural design and detail, and the names and addresses of the abutting property owners.

(b)

Upon receipt of an application for an alteration certificate, the Planning Commission shall submit that application, together with a recommendation thereon, to the Board of Trustees for final approval.

(a)

The Board of Trustees shall issue an alteration certificate for any proposed work on a designated historical site or district only if the Board of Trustees determines that the proposed work would not detrimentally alter, destroy or adversely affect any architectural or landscape feature which contributes to the original historical designation. The Board of Trustees must find that a proposed development is visually compatible with designated historic structures located on the property in terms of design, finish, material, scale, mass, and height. When the subject site is an historic district, the Board of Trustees must also find that the proposed development is visually compatible with the development on adjacent properties. For purposes of this Article, the term compatible shall mean consistent with, harmonious with and/or enhancing the mixture of complementary architectural styles either of the architecture of an individual structure or the character of the surrounding structures.

(b)

The Board of Trustees will use the following criteria to determine compatibility:

(1)

The effect upon the general historical and architectural character of the structure and property.

(2)

The architectural style, arrangement, texture, and material used on the existing and proposed structures and their relation and compatibility with other structures.

(3)

The size of the structure, its setbacks, site, location, and the appropriateness thereof when compared to existing structures and the site.

(4)

The compatibility of accessory structures and fences with the main structure on the site, and with other structures.

(5)

The effects of the proposed work in creating, changing, destroying, or otherwise impacting the exterior architectural features of the structure upon which such work is done.

(6)

The condition of existing improvements and whether they are a hazard to public health and safety.

(7)

The effects of the proposed work upon the protection, enhancement, perpetuation and use of the property.

(8)

Compliance with the Secretary of the Interior's Standards for Rehabilitation as listed below:

a.

A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

b.

The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

c.

Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

d.

Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

e.

Distinctive features finishes and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

f.

Deteriorated historic features shall be repaired rather than replaced. When the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical or pictorial evidence.

g.

Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures if appropriate, shall be undertaken using the gentlest means possible.

h.

Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

i.

New additions, exterior alterations or related new construction shall not destroy historic materials that characterize the property. To protect the historic integrity of the property and its environment, the new work shall be differentiated from the old and shall be compatible with the massing, size scale and architectural features.

j.

New additions and adjacent or related new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

The Board of Trustees shall use the following criteria in considering alteration certificate applications for relocating a landmark, a structure on an historic site, a building or structure within an historic district, a structure onto a landmark site, or a structure to property in an historic district:

(a)

For consideration of the original site, the Board of Trustees will review for compliance with all of the following criteria:

(1)

Documentation showing the structure cannot be rehabilitated or reused on its original site to provide for any reasonable beneficial use of the property.

(2)

The contribution the structure makes to its present setting.

(3)

Whether plans are specifically defined for the site to be vacated and have been approved by Staff.

(4)

If the structure can be moved without significant damage to its physical integrity and the applicant can show the relocation activity is the best preservation method for the character and integrity of the structure.

(5)

Whether the structure has been demonstrated to be capable of withstanding the physical impacts of the relocation and re-siting; and

(6)

Whether a structural report submitted by a licensed structural engineer adequately demonstrates the soundness of the structure proposed for relocation.

(b)

For consideration of the new location, the Board of Trustees will review for compliance with all of the following criteria:

(1)

Whether the building or structure is compatible with its proposed site and adjacent properties, and if the receiving site is compatible in nature with the structure proposed to be moved.

(2)

The structure's architectural integrity and its consistency with the character of the neighborhood.

(3)

Whether the relocation of the historic structure would diminish the integrity or character of the neighborhood of the receiving site; and

(4)

If a relocation plan has been submitted and approved by Staff, including posting a bond, to ensure the safe relocation, preservation, and repair (if required) of the structure, site preparation and infrastructure connections as described in this Code.

(a)

An applicant may request an exemption from the alteration certificate requirements for one (1) of the following exemptions:

(1)

Economic hardship exemption. Exemptions are granted only to the specific owner and use and are not transferable.

a.

For investment or income-producing properties: The owner's inability to obtain a reasonable rate of return in its present condition or if rehabilitated.

b.

For non-income-producing properties consisting of owner-occupied single-family dwellings and/or non-income-producing institutional properties not solely operating for profit: The owner's inability to convert the property to institutional use in its present condition or if rehabilitated.

c.

The consideration for economic hardship shall not include willful or negligent acts by the owner, purchase of the property for substantially more than the market value, failure to perform normal maintenance and repairs, failure to diligently solicit and retain tenants, or failure to provide normal tenant improvements.

(2)

Undue hardship. An applicant requesting an exemption based on undue hardship must show that the application of the criteria creates a situation substantially inadequate to meet the applicant's need needs because of specific health and/or safety issues.

(a)

No person shall violate or permit to be violated any of the requirements of this Article or the terms of a landmark certificate.

(b)

Violations. Violations of this Article are punishable as is otherwise provided in this Code and, in addition, are subject to the following penalties:

(1)

Alterations to a designated landmark or district without an approved landmark alteration certificate will result in a one-year moratorium on all building permits for the subject property; and moving or demolishing a designated structure without an approved landmark alteration certificate will result in a five-year moratorium on all moving, demolition or building permits for the structure and for the property at the structure's original location.