HomeMy WebLinkAboutbocc.ord.020.1998ORDINANCE OF THE BOARD OF COUNTY COMIVIISSIONERS OF PITKIN COUNTY,
COLORADO, REPREALING AND RE-ENACTING SECTION 3-80.80 "WILDLIFE HABITAT
AREAS AND AMENDING SECTION 8 "DEFINITIONS" OF THE PITKIN COUNTY LAND USE
CODE
Ordinance No. 98-j)
RECITALS
1. The Board of County Commissioners directed staff to prepare a Code amendment to regulate
fences so that the impacts to wildlife are minimized.
2. Staff met with members of the agricultural committee along with members of Colorado Division of
Wildlife in an attempt to draft a fence standard which would not limit the flexibility of true agricultural
operators while simultaneously decreasing the threat of fences in the county to migrating big game..
3. The Pitkin County Planning and Zoning Commission reviewed the proposed code amendments at
regular meetings on January 20, 1998 and February 3, 1998. They recommended approval of the proposed
code amendments on February 3, 1998.
NOW, THEREFORE, BE IT ORDAINED by the Board that it does hereby amend Title II of the
Pitkin County Code, the Land Use Code, as follows:
REPEAL AND RE-ENACT SECTION 3-80.80 - WILDLIFE HABITAT AREAS
This section establishes land use standards for wildlife habitat areas in addition to the
general standards in Section 3-80.30. The standards apply to areas mapped by the Colorado
Division of Wildlife on the County's adopted Wildlife Resource Information System (1041
Wildlife maps) and to areas known to be wildlife habitat areas by the Division of Wildlife. In all
cases mapping will be field verified by the Colorado Division of Wildlife or the Pitkin County
Wildlife Biologist.
A. General Standards: The standards in this section apply to all wildlife habitat
areas.
1. Commercial, industrial or high impact recreational development, open pit mineral
extraction, or construction of roads should avoid the habitat areas identified in this section.
2. Residential development shall be clustered outside of habitat areas to the
maximum extent possible to minimize impacts on wildlife.
3. The removal of vegetation shall be minimized. Disturbed areas shall be promptly
revegetated with beneficial browse species.
Ordinance No. 98-D
Page 2
4. When existing vegetation must be altered, for an access road, utility line or
similar uses, an applicant will cooperate with the County and the Colorado Division of Wildlife to
devise a compensation plan acceptable to the County. Such compensation plan may substitute
(in a nearby area on the subject property) vegetation equal in type and quantity to that being
removed to mitigate effects on wildlife species.
5. Food, cover and water sources beneficial to wildlife shall be preserved. Mitigate
development effects which would destroy or damage these. Give special consideration to trees
and shrubs with high wildlife food value, especially heavy seed, berry and fruit producing
species.
6. Wildlife food species and woody cover along fences should be encouraged as
one way of improving wildlife habitat.
7. Waterholes, springs, seepage, marshes, ponds and other watering areas should
be preserved.
8. Endangered species habitat shall be protected. All disturbances to such habitat
shall be minimized.
9. All golden eagle nest sites and bald eagle roost sites shall be protected. Provide
a three -hundred (300) yard buffer around nest sites. Protect all other raptor nest sites with one
hundred (100) yard buffers.
10. Mesh or woven wire fences are prohibited.
11. Wire fencing shall employ a three strand barbed or smooth wire fence with a 42
inch maximum height above ground level and atleast 12 inches between the top two strands.
Wood rail fencing shall employ three rails or lees._ be the round or split rail type. shall not
exceed 48 inches in height above rg oun t Level and 12 inches in width (top view) and shall have
at least 18 inches between 2 of the rails.
12. Edges (places where two habitat types meet) must be avoided by development
and shall be maintained whenever possible since deer and many other species of wildlife utilize
edge areas. Vegetation disturbances on winter ranges should be minimized and all
disturbances revegetated with beneficial browse species.
13. Tall, overly mature trees and standing dead trees should be retained whenever
possible as nesting habitat for woodpeckers and other tree nesting species, such as eagles and
hawks. Den trees in wooded areas which provide homes for birds, squirrels, and raccoons
should also be retained. Disturbance or destruction of wildlife den sites shall be prohibited
except in certain nuisance cases, like skunks under homes.
B. Deer, Elk and Bighorn Sheep Winter Concentration Area/Severe Winter
Range/Critical Habitat: Development is prohibited within Deer, Elk and Bighorn Sheep Winter
Concentration Areas and Severe Winter Range Areas. In the event that there is no hazard -free
area on a site and a development application is subsequently denied, an applicant may petition
the Board of County Commissioners for consideration pursuant to Section 3-290 of this Code. If
Ordinance No. 98-
Page 3
an appeal is granted by the Board and development is permitted, an application shall be
reviewed according to the following standards:
1. Avoid overgrazing of ranges by livestock by practicing proper grazing
techniques.
2. Restrict development to areas that minimize wildlife impacts.
3. Preserve access to the Division of Wildlife for managing wildlife.
4. Prohibit commercial activity (such as seismic activity, construction and timber
harvesting) and recreational uses from December 1, through March 31.
5. Prohibit dogs within or adjacent to elk, mule deer, and bighorn sheep severe
winter ranges and winter concentration areas, except for dogs working as part of an agricultural
operation.
C. Deer, Elk and Bighom Sheep Winter Range: Land uses located in deer, elk or
bighorn sheep winter range shall comply with Sections 3-80.80(A); 3-80.80(B)(1), (2), (3) and
(4), and the standards in this section.
1. Prohibit high impact recreational uses.
2. Kennel dogs within or adjacent to winter range, except for working dogs when at
work.
D. Deer and EIk Migration Pattems/Corridors and Highway Crossings: Land uses
located in deer and elk Migration Corridors shall comply with Section 3-80.30, 3-80.80(A) and
the standards in this section.
1. Prohibit development blocking a corridor and preventing migration between
summer and winter ranges.
2. Kennel dogs within one -quarter (1/4) mile of mule deer and elk migration
corridors and patterns, except for working dogs when at work.
E. Deer and EIk Production Areas: Development is prohibited within Deer and EIk
Production Areas. In the event that there is no hazard -free area on a site and a development
application is subsequently denied, an applicant may petition the Board of County
Commissioners for consideration pursuant to Section 3-290 of this Code. If an appeal is granted
by the Board and development is permitted, an application shall be reviewed according to the
following standards:.
1. Prohibit development in production areas and prohibit other activities during the
calving season which would disrupt reproduction.
2. Prohibit dogs within one -quarter (1/4) mile of deer or elk production areas.
Kennel dogs within one-half (1/2) mile of deer or elk production areas.
Ordinance No. 98120
Page 4
3. Preserve access for the Colorado Division of Wildlife for trapping, tagging or
studying wildlife.
4. Prohibit manipulation of vegetation except as approved by the Division of
Wildlife.
G. Riparian, Shoreland and Wetland Areas: Development shall be prohibited within
Riparian, Shoreland and Wetland Areas with the exception that bridges, roads, utility crossings
and other structures such as irrigation devices may be permitted upon a finding that there is no
feasible alternative location and that any impacts will be adequately mitigated. In the event that
there is no hazard -free area on a site and a development application is denied, an applicant
may petition the Board of County Commissioners for consideration pursuant to Section 3-290 of
this Code. If development is permitted or an appeal is granted by the Board, an application shall
be reviewed according to the following standards:
1. For the protection of both terrestrial and aquatic habitat, any development or
activity which is permitted within such areas shall incorporate measures designed to maintain
vegetation, reduce erosion and sedimentation, maintain cold water temperatures, and otherwise
allow man to function in harmony with, rather than be destructive to, wildlife habitat.
2. The development shall demonstrate compliance with Section 3-70 concerning
water resources and with Section 3-50.40 concerning stream setbacks.
3. Removal of vegetation in riparian and shoreland areas and disturbance of
ground cover adjacent to streams and in shorelands shall be avoided to the maximum extent
possible. This destroys insect habitat and streambank stabilization, removes natural cover that
provides shelter and insulation, and disrupts the natural filtering action of the landscape.
Riparian and shoreland habitat areas should be allowed to develop naturally since they provide
habitat for many birds and insects, shade and insects for fish and den sites for aquatic
mammals.
4. Permitted land uses which disturb or denude areas of vegetation adjacent to
wetland or riparian areas shall be revegetated as quickly as possible.
5. Channelization of streams destroys aquatic habitat and is prohibited.
Development shall be designed to fit the channel rather than allowing changes in the channel in
order to fit the project.
6. Placing culverts which may become barriers to fish passage and may plug or
wash out during high flows shall not be permitted. Perennial stream channels should be bridged
whenever possible. When this is not feasible, culverts shall be designed to avoid plugging and
prevent washouts.
7. Adequate erosion control measures shall be incorporated in any development
site plans.
8. Sewer lines shall be designed to avoid leakage of contaminants into the ground
water resource.
Ordinance No. 9 -
Page 5 QQQTTTTTT''"'
9. There shall be permitted no changes to the stream channel or its capacity
(provided, however, that bridge abutments may affect the stream channel if they do not
substantially encroach on the flood channel and comply with any other building permit
conditions); and no activity shall be allowed which will increase stream sedimentation and
suspension Toads.
10. All efforts must be made to reduce stream pollution and interference with the
natural changes of the stream, and to enhance the value of the stream as an important natural
feature.
11. In the event there is a trail designated by an approved trail plan within the
development site, such trail shall be dedicated for public use; and a fisherman's access
easement shall be granted, if appropriate.
12. Developments otherwise permitted shall not raise water temperature in portions
of a watercourse or along the entire watercourse. Land use proposals should also be evaluated
in terms of sewage and other organic and inorganic pollutants which have potential to lower the
present high water quality and degrade the County's fishery.
13. Development shall maintain the pristine water quality of cutthroat trout streams if
cutthroat trout are to be maintained within the County.
14. Development shall maintain baseline biological conditions established by existing
water quality and aquatic biology conditions for major streams and lakes affected by the
development. (Prior code § 3-808)
AMENDING THE FOLLOWING DEFINITIONS IN ARTICLE 8
AMEND THE DEFINITION OF BUILDING
BUILDING means any structure, designed or built for the support, enclosure, shelter, or
protection of persons, animals, chattels or property of any kind. A building includes yurts,
tepees, removable sheds, and similar uses, but does not include signs or fences less -than -six
(6) eet- height as provided in subsection "c" in the definition of "Development" within this
section.
AMEND THE DEFINITION OF DEVELOPMENT BY ADDING SUBSECTION "C"
DEVELOPMENT means the carrying out of any building activity, the making of any
material change in the use or appearance of any structure or land, or the subdividing of land
into two (2) or more parcels.
a. For the purposes of these regulations, the following activities or uses shall be
taken to involve "development":
1) A reconstruction or alteration of the size or building footprint of a structure.
Ordinance No. 980
Page 6
2) A change in the intensity of use of land, such as the establishment of, or an
increase or decrease in, the number of dwelling units or floor area.
3) Commencement of drilling, mining, or excavation on a parcel of land.
4) Total demolition or partial demolition of a structure.
5) Clearing of land, including clearing or removal of vegetation, and including any
significant disturbance of vegetation or substrate (soil) manipulation.
6) Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
b. Development includes all other activity customarily associated with it. When
appropriate to the context, "development" refers to the act of developing or to the result of the
act of development. Reference to any specific operation is not intended to mean that the
operation or activity, when part of other operations or activities, is not development. Reference
to particular operations is not intended to limit the generality of this definition.
c. The following shall not be considered development:
1 Fences and walls which comply with the DOW Fence Standard.
2 Fences and walls which are less than six feet (6') in height and are located:
a) on parcels assessed as "agultural" by the Assessor's Office or
b) on parcels free of 1041 Wildlife concerns. or
c) within an approved building envelope. or
d) in areas of the County with site specific approvals or guidelineds approved by the
BOCC relative to fencing.
AMEND THE DEFINITION OF STRUCUTRE
STRUCTURE means anything constructed, installed, or portable, which requires
location on the ground. It includes yurts and tepees and movable buildings which can be used
for housing, business, commercial, agricultural, or office purposes, either temporarily or
permanently. "Structure" also includes roads, walkways, paths, fences, swimming pools, tennis
courts, signs, sheds, and other accessory construction. "Structures" do not include fences or
walls used as fences as provided in subsection "c" of the
definition of "Development" within thi§ion; poles, lines, cables, or other transmission or
distribution facilities of public utilities; bus shelters Tess than 200 square feet in size.
AMEND THE DEFINITION OF YARD
YARD means an open space which is unoccupied and unobstructed from the ground
skyward, except as otherwise provided below:
Ordinance No. 9820
Page 7
a. Projections into required yards. Yards shall be unobstructed from the ground to
the sky except for the following:
1) Uncovered porches, slabs, patios, terraces, walks, steps, retaining walls and
similar structures, which do not exceed thirty inches (30") above or below natural grade -- No
restriction;
2) '
„
(20''-ef-the-carer. Fences and walls as provided in the definition of "Development" within this
section. and hedges and berms less than six feet (6) in height are permitted within yard
setbacks. except on comer lots where no fence. retaining wall._ hedge. berm. or similar
obstruction shall be erected or maintained which exceeds a height of forty-two inches (42")
measured from street grade within twenty feet (20) of the comer.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 1st day of
November, 1997.
INTRODUCED, FIRST READ, AND PUBLIC HEARING HELD on the 25th day of February,
1998, Seco. & aak%AMA PuaL c 1/ 42M A i:eL.D Maac++ /1, /qqp
APPROVED AND ADOPTED AFTERTH I J.D READING, AND PUBLIC HEARING on
the 22nd day of April, 1998.
N-
PUBLISIIED AFTER ADOPTION IN THE ASPEN TIMES on the p day of J/10_,
1998.
A 1"1'EST:
/yivaee £,,e#)
D puty Clerk an Recorder
APPROVED AS TO FORM:
John Ely,
County e}+`"`
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By .(4.s_d.l-6,a.) e.c.l t-
Dorothea Farris, Chair
Date „3'-a/- 9�
APPROVED AS TO CONTENT:
Cindy Houben,
Community Development Director