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Severance City Zoning Code

ARTICLE 17

Environmental Considerations

Sec. 16.17.10.- Intent.

The intent of this article is to ensure that new development mitigates its impact on wildlife and wildlife habitat and that it minimizes environmental impacts.

(Ord. 2021-08 §2)

Sec. 16.17.20. - Protection of wildlife and natural areas.

Development shall be designed to ensure that disturbances that occur to any natural area as a result of development shall be minimized through the use of natural buffer zones. If any development materially disturbs a natural area, the development project shall mitigate such lost natural resource either on site or off-site. Any such mitigation shall be roughly proportional to the loss suffered as a result of the disturbance.

Colorado Parks and Wildlife will be engaged during the referral process for any project to provide feedback and assist determining potential for environmental studies.

(Ord. 2021-08 §2)

Sec. 16.17.30. - Natural areas.

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

(Ord. 2021-08 §2)

Sec. 16.17.40. - Buffer zones.

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

(Ord. 2021-08 §2)

Sec. 16.17.50. - Exceptions.

The Town Council may allow disturbance or construction activity within the natural area or natural area buffer zone for the following limited purposes: mitigation of development activities, restoration of previously degraded areas, emergency public safety activities and utility installations when such activities and installations cannot reasonably be contained within other nearby developed areas, construction of a trail that will provide public access for education or recreational purposes, or the enhancement of the habitat value and/or other natural resource values of a natural area.

(Ord. 2021-08 §2)

Sec. 16.17.60. - Ecological characterization.

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

(1)

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

(2)

The boundary of wetlands in the area and a description of the ecological functions and characteristics provided by those wetlands.

(3)

Any prominent views from or across the site.

(4)

The pattern, species and location of any significant native trees and other native site vegetation.

(5)

The bank, shoreline and high-water mark of any perennial stream or body of water on the site.

(6)

Wildlife travel corridors.

(7)

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

(Ord. 2021-08 §2)

Sec. 16.17.70. - Green builder guidelines.

The Colorado Green Builder Program establishes environmental standards for the construction and operation of buildings. The intent of this program is to promote building practices that benefit the environment and the socioeconomic well-being of current and future residents.

(1)

There are five (5) resource areas that are addressed by the Green Builder standards:

a.

Water (quality and quantity).

b.

Energy (quantity and type).

c.

Building materials (life cycle impacts).

d.

Solid waste (construction and operation impacts).

e.

Health and safety.

(2)

Compliance. Compliance with the requirements of the Colorado Green Builder Program is strongly encouraged.

(Ord. 2021-08 §2)

Sec. 16.17.80. - Limitations.

Nothing in this section is intended to create any vested property right but only to implement the provisions of Article 68 of Title 24, CRS. In the event of the repeal of said article or a judicial determination that said article is invalid or unconstitutional, this section shall be deemed to be repealed and the provisions hereof no longer effective.

(Ord. 2021-08 §2)