Summit County Unincorporated
City Zoning Code

7100:   DEVELOPMENT STANDARDS FOR CONTROL OF WATER QUALITY

7101.01:   Plan Requirements

Prior to final approval of a proposed subdivision, site plan or issuance of any building permit for a development proposal, an engineered drainage report and plans shall be submitted to and approved by the Engineering Department meeting all of the following standards that are applicable to the project:

A.

Prevention of soil loss from the construction site as a result of erosion produced by a 25-year, 24-hour design storm (2.2 inches). This standard shall be met both during and after construction.

B.

Prevention of any increase in the historic rate of run-off from the development site produced by the 25-year, 24-hour design storm (2.2 inches). This standard shall be met both during and after construction.

C.

Prevention of any direct discharge of storm water to a lake, stream or intermittent stream.

D.

Provision for revegetation which:

1.

Provides for site coverage of disturbed areas after development equal to or better than vegetative coverage prior to development, where such areas are not intended to be used for roads, driveways or parking areas; and,

2.

Provides for coverage with native species, or alternatively, other hardy species provided with an irrigation system.

E.

Diversion of run-off from snow storage areas into detention facilities.

F.

Provision for adequately sized detention facilities where dewatering of excavations is needed.

7101.02:   Financial Guarantee

A site improvements agreement or a subdivision improvements agreement, and associated financial guarantee, shall be posted by the permit holder to ensure the provisions of Chapter 7 are met when a site plan improvements agreement or subdivision improvements agreement is required by the provisions of this Code. Such improvement agreements and the associated financial guarantees shall be in accordance with the applicable regulations contained within Sections 8109 and 12607 et seq. of this Code. If a site plan or subdivision improvements agreement is not required by other provisions of this Code, the County may require that a site plan improvements agreement and associated financial guarantee be posted in accordance with the provisions of Section 12607 et seq. to ensure a site is constructed in accordance with these Water Quality Control Regulations.

7102.01:   Extent of Site Disturbance

Site disturbance shall not exceed 15% of that portion of a site where slopes are 3.33:1 or greater, unless evidence can be presented to the satisfaction of the County Engineer that no water quality impacts will occur. The area to remain undisturbed shall be protected by a barrier (e.g., snow fencing) to prevent its disturbance. Lots platted or legally created prior to September 1986 may be exempted from this requirement if:

A.

The disturbance limitation of 15% would prevent reasonable use of the lot for construction;

B.

The design of any retaining structures, which shall include foundation walls and entire structures built into steep slopes, shall be evaluated for local and global stability and factors of safety against sliding, overturning, and soil bearing conditions; and,

C.

The remaining standards in Sections 7102.02 through 7102.09 are met as deemed necessary by the Engineering Department.

7102.02:   Design of Roads and Driveways

All roads and driveways shall comply with County requirements as set forth by the Summit County Road & Bridge Standards (Chapter 5 of this Code).

7102.03:   Compliance with Soils Report

Areas intended to be used for roads, driveways and structures shall be designed for such use by a Colorado Licensed Engineer with proficiency in such design. An applicant is also responsible for submitting a soils report as part of their application for subdivision, or if no subdivision is involved, at the time application for grading permits is made (the soils report is to be submitted as part of the geotechnical report required in grading permit applications). The County Engineer shall approve designs of roads and driveways prior to the issuance of grading permits. The County Building Official shall approve foundation designs prior to issuance of building permits. Inspections shall be conducted in accordance with the County's Grading and Excavation Regulations (Chapter 6 of this Code) and the applicable Building Code to ensure site work and construction conform to the approved plans.

7102.04:   Design of Utilities

All utilities, public or private, shall be designed by a licensed engineer. Such design shall be submitted as a part of any permit application.

7102.05:   Erosion Control Plan

An erosion control plan for the site that meets the standards set forth in Sections 7101.01.A through 7101.01.C and 7101.01.F shall be prepared by a licensed engineer having knowledge and experience in civil engineering and hydrology. Approval of the erosion control plan shall be obtained from the County Engineer prior to issuance of any grading or building permits for the site. The Engineering Department may inspect the site periodically during construction to ensure compliance with the approved plan and must inspect and approve long-term erosion control measures before a Certificate of Occupancy ("CO") is granted.

7102.06:   Revegetation Plan

A revegetation plan that meets the standards set forth in Section 7101.01.D shall be prepared by an individual having a degree in landscape architecture or comparable expertise, and sufficient experience in landscaping installation and maintenance to ensure the success of the plans they propose. Approval of the revegetation plan shall be obtained from the Engineering Department prior to issuance of any grading or building permits for the site. The Engineering Department shall inspect the site periodically for four (4) years from the date revegetation work is done to ensure compliance with the plan.

7102.07:   Urban Run-Off Control Plan

An Urban Run-Off Control Plan which meets the standards set forth in Section 7101.01.B, 7101.01.C and 7101.01.E shall be prepared by a licensed engineer having knowledge and experience in civil engineering and hydrology. Approval of an Urban Run-Off Control Plan shall be obtained from the County Engineer prior to issuance of any grading or building permits for the site. The Engineering Department may inspect the site periodically during construction to ensure compliance with the approved plan and must inspect and approve long-term urban run-off control measures before a CO is granted.

7102.08:   Financial Guarantee

The County may require that a site plan improvements agreement and associated financial guarantee be posted in accordance with Section 7101.02.

7102.09:   Compliance with Other County Requirements

In addition to the requirements of this Section 7102, development proposals must comply with all other County standards applicable to construction or soil disturbance on slopes greater than 3.33:1.

7103.01:   Restrictions on Soil Disturbance Adjacent to Water Bodies

Soil disturbance is prohibited within 25 feet of a lake, stream or intermittent stream except when approved by the Engineering Department and when the water body or intermittent stream is hydrologically isolated from all earth disturbance according to the following procedures:

A.

Installation of Coffer Dam: An acceptable coffer dam is installed to isolate the water body from construction and is maintained in place until revegetation and bank stabilization is complete and permission is granted by the Engineering Department to remove the dam.

B.

Containment of Stream: If a stream or intermittent stream is involved, the stream is completely contained during construction from 50 feet upstream of any site disturbance to 50 feet downstream of any site disturbance. For streams and intermittent streams, the conveyance shall be sized for a minimum flow with a ten percent (10%) chance of occurrence. The conveyance shall be installed prior to any construction and shall be removed only when permission is granted by the Engineering Department.

C.

Alternative Methods: An alternative method for protection of water bodies to those required in Sections 7103.01.A and 7103.01.B may be used if approved by the County Engineer.

7103.02:   Placement of Cantilevered Structures

A cantilevered structure may overhang the streamside buffer, but not any required wetland buffer per the Wetland Regulations as set forth in Section 7105 et seq., as long as no disturbance occurs within the buffer area, floodplain requirements are met, and approval is granted by the Engineering Department.

7103.03:   Criteria for Work to Restore or Improve Aquatic, Wetlands or Riparian Habitats

Work within a lake, stream or river corridor may be permitted if the following criteria are met:

A.

The purpose of the work is to restore, enhance or create aquatic, wetland or riparian habitat, as determined by the County Engineer;

B.

The project has the required approval(s) issued by the appropriate and relevant local, state, and federal authorities;

C.

The project purpose is to improve fishery habitat and involves primarily in-channel work, the project shall be referred to the Colorado Department of Parks and Wildlife (CPW);

Evidence of necessary federal or state permits and/or approvals for this work must be submitted to the Engineering Department prior to issuance of grading or wetland permit(s).

7105.01:   Establishment of Wetland Areas and Wetland Buffers

A.

Required Buffer. Unless specifically permitted as provided for in this Code and approved by the County under 7105.03 or exempted in Part C of this section, soil disturbance and structures are prohibited within 25-feet of a Delineated Wetland Area.

B.

Additional Buffer. Project-specific or site-specific wetland buffers shall be established at the time of development review in the case of all Class 5 development applications, based on the functions, values, and quality of the wetlands in proximity to the project site, as well as the level of impact the project poses on such wetlands and the waters to which those wetlands are adjacent. All Class 5 development applications where the County Engineer finds that wetlands may be impacted by project implementation shall be accompanied by a specific wetland impact report in addition to the typical delineation and mitigation report(s), that proposes a specific wetland buffer necessary to ensure that all potential resource impacts are avoided, and that the aquatic environment of the Blue River watershed is protected. This report shall evaluate the hydrology, wildlife impacts, presence of any rare or threatened species, or any other factors that merit additional protection beyond the 25-foot buffer established in sub-section A above.

C.

Exemptions. Work in a wetland area or a wetland buffer may be exempted by the County Engineer from the requirements set forth in this Section 7105 et seq. provided there is no adverse impact to wetlands, habitat or the aquatic environment of the Blue River watershed, and the work falls in one or more of the following categories:

1.

The purpose of the project is to re-vegetate a buffer to a natural, weed-free state without extensive grading;

2.

The work is water dependent such as docks and piers;

3.

The work is directly related to farming, ranching and silviculture;

4.

The work involves only routine road maintenance as more particularly described in Section 7106;

5.

The purpose of the work is restoring wildlife habitat, wetland restoration, implementation of a compensatory wetland mitigation plan approved by the County and/or the US Army Corps of Engineers, or aquatic and stream restoration activities;

6.

The work is limited to routine maintenance performed on stormwater facilities (e.g. detention ponds; ditches) where wetlands have developed incidentally to the construction of such facility and were not established for the purpose of wetland mitigation;

7.

The work involves construction of an at-grade, natural surface trail in a buffer under the supervision of the Summit County Open Space and Trails Department.

7105.02:   Criteria for Approval of a Wetland Disturbance Permit

The County Engineer may issue a Wetland Disturbance Permit for disturbance and restoration/replacement of wetland areas or the wetland buffer if the disturbance activities in the wetland area and the associated buffer meet all of the following criteria:

There is no practicable alternative to a proposed disturbance of a wetland or the wetland buffer, and such activity is to either: 1) meet a master plan policy; 2) meet a policy of this Code; or 3) allow reasonable use of the property, after considering all other practicable alternatives.

A.

The County will evaluate the practicability of an alternative that avoids or minimizes wetland impacts based on information including but not limited to site logistics, existing technology, and the extent of the wetland impact in light of the project purpose.

B.

The mitigation locations shall be considered in the following priorities, from highest to lowest:

1.

Onsite

2.

Within the same minor drainage basin

3.

Within the same sub-basin (defined by regional planning areas, i.e. lower blue, upper blue, ten mile, or snake river)

4.

Within the County

5.

Within the Blue River basin

C.

The project will minimize the degree of impact on the wetland area and the associated buffer to the greatest extent practical using the best management practices outlined in Section 7105.04.

D.

The project will establish a natural vegetated condition with a mix of vegetation types in any new and existing wetland buffer.

E.

The project will not violate other applicable regulations and laws (e.g., state water quality standards, Endangered Species Act, or significantly degrade the waters of the United States or any other wetland (or waters of the County).

F.

Tree or brush removal within a wetland or buffer shall be pursuant to an approved wildfire mitigation plan prepared by a wildfire mitigation professional with demonstrated expertise in preparation of such plans and accepted by the County. The County will review the entire plan including proposed impacts, wetland functions and the compensatory mitigation plan, and may require that the applicant provide on-site or nearby compensatory mitigation in the Blue River watershed if the County deems that the long term water quality and ecosystem services of the Blue River watershed would be better protected.

7105.03:   Submittal Requirements for a Wetlands Disturbance Permit

A.

The following submittal requirements apply:

a.

Wetland Delineation in accordance with the criteria set forth in Section 7105;

b.

Site Survey performed by a licensed surveyor showing the wetland areas and buffers;

c.

Proposed Wetland Mitigation Plan designed by a qualified wetland consultant;

d.

Restoration Plan for buffer areas;

e.

Narrative regarding necessity and analysis of alternatives;

f.

Additional site specific information deemed necessary by the County Engineer.

7105.04:   Best Management Practices for Protecting Wetlands and Wetland Buffers.

Pursuant to the issuance of a Wetland Disturbance Permit and acceptance of a Wetland Mitigation Plan, any earth disturbance within any wetland areas or the associated buffers shall, to the extent practicable and appropriate, include the following best management practices and follow industry standards for temporary and permanent erosion control:

A.

Time grading and construction to minimize soil exposure during periods of snowmelt and rainy periods;

B.

Retain and protect natural vegetation; strip only the area required for construction in stages;

C.

Infiltrate runoff from impervious surfaces by locating infiltration trenches below driplines, walkways, parking areas and driveways;

D.

Minimize length and steepness of exposed slopes by designing with the natural topography; prevent erosion on exposed slopes by placing barriers, such as straw bale dikes, erosion control wattles and other appropriate techniques;

E.

Keep runoff velocities low to prevent high erosive powers by using flow barriers (vegetation, rip-rap, etc.);

F.

Protect drainage ways and outlets from increased flows by using rip-rap or approved geotextile fabrics such as turf reinforced mats (TRM's);

G.

Trap sediment on-site by using straw bales, filter fences, straw wattles, and sand bags;

H.

Any disturbed areas must be replanted with native vegetation;

I.

Natural hydrologic flows will be conveyed through the site;

J.

Utility lines that may cross through a wetland to serve a development shall be placed within the driveway footprint to avoid, or minimize, wetland impacts to the maximum extent practicable. Where avoidance or minimization is not practicable, pier foundations may be required for all structures located within wetlands or their respective buffers where typical foundations may interrupt groundwater flow to or from the wetland;

K.

For all structures located within 100 feet up-gradient of a Slope wetland or other groundwater dependent wetland, pier foundations may be required, and basements and crawl spaces are prohibited;

L.

Where avoidance or minimization is not practicable, basements and crawl spaces are not permitted within any wetland or respective wetland buffer;

M.

Where a driveway crossing a Fen wetland cannot be avoided, the driveway must be elevated;

N.

Minimize earth movement by avoiding cut and fill slopes;

O.

Foundations shall be stepped down the slope to minimize cut and fill;

P.

Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety;

Q.

Appropriate erosion and sedimentation prevention measures must be used and maintained in effective operating condition during construction, and all exposed soil and other fills must be permanently stabilized at the earliest practicable date;

R.

No activity may substantially disrupt the movement of those species of aquatic life indigenous to the water body, including those species which normally migrate through the area, unless the primary purpose is to impound water;

S.

Any motorized equipment working in wetlands must be placed on mats or other measures must be taken to avoid soil disturbance;

T.

Tree removal required by an approved fire mitigation plan shall be conducted in a manner that does not result in soil disturbance that may cause changes to the wetland character as a result of the use of mechanized equipment; and,

U.

The number of stream crossings by roads and utilities shall be minimized to the maximum extent practicable. In designing such crossings, the standards set forth in Section 7103.01 shall be met.

V.

Any buried utility line or pipe in wetlands must include ditch blocks (impermeable barriers) constructed perpendicular to the direction of the line to prevent capture and movement of groundwater, and documentation of the installation must be provided to the County. Side-cast of material during construction must be placed on geotextile fabric, and the excavated soils shall be sorted to separate topsoil from subsoils, and the soils must be returned to the trench in proper order.

W.

Any other appropriate measure as deemed necessary by the County Engineer.

7105.05:   Financial Guarantee

A subdivision improvements agreement or site plan improvements agreement and associated financial guarantee to ensure the requirements of the Wetland Regulations are met shall be provided. The amount of the financial guarantee shall be based on an official estimate, provided on company letterhead of the duly authorized and credentialed wetland consultant of record on the project. The term of the financial guarantee for the period following installation shall be a minimum of three (3) years in order to ensure that successful, stable plant establishment is achieved for all wetland plantings, unless a longer warranty period is required by a specific agreement or zoning document.

7105.06:   Compliance with Applicable State and Federal Permit Requirements

Prior to issuance of any required grading permit, building permit, or approval of a subdivision, site plan or grading plan application, the project proponent shall submit a plan to meet the standards set forth in Section 7105.03 and 7105.04. Prior to issuance of any County permits, the applicant must present evidence of compliance with Section 404 of the Federal Clean Water Act ("CWA"). However, if the areas contain wetlands that are determined to be non-jurisdictional by the US Army Corps of Engineers, and the US Environmental Protection Agency per the CWA, those wetlands may still be considered wetlands of Summit County. If the site contains what are delineated as wetlands under the US Army Corps of Engineers 1987 Wetlands Delineation Manual and 2012 Supplement for Western Mountain and Valleys (or future supplements to the manual), or areas that would meet the definition wetlands per these manuals; then those wetland areas are wetlands of Summit County and subject to these regulations. Documentation and compliance with all potential Section 404 matters shall remain the sole and ongoing responsibility of the project proponent, and any failure to maintain such compliance may lead to suspension or revocation of any approvals provided under this Code.