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HomeMy WebLinkAboutbocc.ord.035.2015 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,AMENDING SECTION 7-20-130 AND SECTION 7-20-10 OF THE PITKIN COUNTY LAND USE CODE,SPECIFICALLY THE COUNTY LAND USE CODE FOR TREE REMOVAL AND MITIGATION Ordinance No.n35- -2015 RECITALS 1. Land Use Code amendments have been proposed to change the Tree Removal and Mitigation sections of the Code. Amendments will be made to the following Chapters and Sections: • ATTACHMENT A—Chapter 7,Landscaping and Vegetation Protection • ATTACHMENT B—Chapter 7, Site Preparation and Grading 2. The Planning and Zoning Commission reviewed the proposed code amendments at a regularly scheduled meeting on July 14th, 2015. The Planning and Zoning Commission voted 6-0 to recommend approval of the Tree Removal amendments to the BOCC. 3. The BOCC reviewed the proposed Code Amendments at 1"Reading and regularly scheduled public meeting on August 26th, 2015. The BOCC adopted the Code Amendments on 1St Reading with a 5-0 vote with the request to incorporate their discussed comments. 2nd Reading and a duly noticed public hearing was scheduled for December 2th, 2015. The Board voted 3-0 in favor of adoption of the Code Amendments. 4. The BOCC finds that the amendments to the Land Use Code will address the issues with the current tree removal section in order to encourage responsible tree management. 5. The BOCC further finds that the amendments to the Code are in compliance with Section 7-20- 130, 7-20-10, 7-20-70, 7-20-160 of the Code and are consistent with the adopted Master Plans throughout the County. 6. The BOCC further finds that adoption of this ordinance is necessary for the immediate preservation of public health, safety and welfare of the citizens of Pitkin County and therefore declares this ordinance and legislation to be effective immediately upon adoption. NOW, THEREFORE, BE IT ORDAINED by the Pitkin County Board of County Commissioners that it hereby amends the above-referenced Section of the 2006 Pitkin County Land Use Code, as set forth in attachments A through B. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON 5^ / 3 ,2015. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSED ON THE FICIAL PITKIN COUNTY WEBSITE (www. pitkincounty.com) ON THE 15 DAY OF 0 2015. INTRODUCED ON FIRST READING AT A PUBLIC MEETING on the 26th day of August,2015. APPROVED AND ADOPTED ON SECOND READING AT A PUBLIC HEARING on the 2nd day of December,2015. THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ADOPTION. UBLISHED AFTER ADOPTION IN THE ASPEN TEVIES WEEKLY on the /� day of � �QYtt�2 v 2015. r EST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO i'1 11 i', ii, C � .F' eld, Jean tte Jones Steven F. Child, Dep ty Clerk Chairman Date: J9`165x-0/5 APPROVED AS TO FORM: APPROVED AS TO CONTENT: 00 John Ely, dy Houben, Cou Attorney Community Development Director ATTACHMENT A 7-20-130: LANDSCAPING AND VEGETATION PROTECTION • . .. --• •• • .. . , ..' • •- _. •. . . _ .. . Pitkin County Landscape between the provisions of these two documents and the standards below,the guideline documents shall (a) Purpose These regulations are intended to preserve existing vegetation on development sites to the maximum extent practicable consistent with the permitted development, and to ensure that specific types of man made improvements are screened from view in order to preserve the rural character of the County, and to prevent the use of landscaping in ways that would compromise the rural character of the County. (b) General Provisions (1) Protection of Natural Vegetation In order to protect the rural character of Pitkin County,natural vegetation should be preserved to the maximum extent practicable, and any installed landscaping shall use the species plant materials naturally occurring on the site or on neighboring properties (except for flower gardens).Restrictions on removal of natural vegetation, and requirements for revegetation, are set forth in other portions of this Chapter 7. (2) Conformance with Wildfire Regulations In the event the provisions of this Sec. 7-20-130 conflict with any provisions of Sec. 7- 20-60, as those requirements may be varied by a wildfire expert approved by the County, the provisions of Sec. 7-20-60 shall govern. (3) Berms Berms may be incorporated into any required landscaping, buffering, or screening area, provided that the County determines, during the development approval process,that the proposed berms will not cause drainage or erosion problems.No installed berm shall have a slope of greater than four-to one(4:1), nor a height greater than four(4)feet above historic grade. (4) Landscape Enclosures Landscaping shall not be used to mark or enclose the boundary of a parcel, or to privatize an otherwise public viewplane. Use of indigenous shrubs or trees to enclose a portion of the property immediately surrounding a dwelling, barn, and/or accessory buildings(as opposed to the entire property or a large area of the property) are permitted if made to resemble similar windbreaks located near older properties in Rural Areas of the County. (5) Visibility Clearance All landscaping shall be installed and maintained so that it does not interfere with the ability of drivers to see nearby traffic at the intersection of any driveway with a public road, or at the intersection of two public roads. (6) Utility Easements Whenever the provisions of this Sec. 7-20-130 would require the installation of trees or shrubs over or on utility easements,where branches or roots might interfere with utility lines or pipes,the required location for such trees and shrubs shall be modified to require installation at the closest location that would avoid potential conflicts with utilities and would enable the trees and shrubs to serve the same landscaping purpose. (7) Financial Security The Community Development Department may require fmancial security in a form acceptable to the County Attorney to ensure completion of installation of all required landscaping and/or successful establishment of plants. (8) Maintenance All plants shall be maintained continually in a healthy condition in accordance with generally accepted professional horticultural standards and practices. Within areas required to be landscaped with installed plant materials,plants that die or are unhealthy shall be replaced. Landscape areas shall remain free of weeds, litter,junk, rubbish and other nuisances and obstructions. (c) Required Landscaping in Rural Areas In the Rural Area: (1) Landscaping is required for the following purposes: (i)to screen satellite dishes and other telecommunications equipment when located within five hundred(500)feet of adjacent public roads and visible from such roads, and(ii)to screen parking areas and service areas when viewed from adjacent public roads, (iii)where necessary to comply with the standards of Secs. 7-20-70, 7-20- 80, or 7-20-120, and(iv)to revegetate disturbed areas. (2) Landscape treatments shall cluster shrubs and trees into groupings similar to those naturally occurring on the site or neighboring sites, shall use indigenous species of shrubs and trees, and shall not be installed in regularly spaced lines or rows, unless more specific provisions of Secs. 7-20-70, 7-20-80, or 7-20-120 require a different treatment. (d) Required Landscaping in Urban Areas In the Urban Area: (1) Where Required Landscaping is required for the following purposes for new development on the property: (i)to screen satellite dishes and other telecommunications equipment when located within two hundred(200)feet of adjacent public roads and visible from such roads, (ii)to screen non-residential parking areas and service areas when viewed from adjacent public roads, (iii)to create a landscaped street edge in the B-2 zone district, (iv)to break up required parking areas in the B-2 zone district into smaller"cells" of parking, and(v)to break up the perceived mass of larger buildings in the B-2 zone district through the use of foundation plantings. , (2) Minimum Areas and Plant Densities Required All required areas for landscaping, buffering, or screening shall comply with the following standards unless these standards conflict with another development standard in this Chapter 7. (a) Satellite Dishes and Telecommunications Equipment Landscape treatments shall use indigenous species of shrubs and trees and shall be sufficient to block visibility of seventy-five(75)percent of the dish or equipment within three (3)years of planting. (b) Non-Residential Parking Areas and Service Areas in all Zone Districts, and Street Edge in B-2 Zone District Screening for non-residential parking areas and service areas shall be at least fifteen(15)feet in width and shall have at least(1) large tree(minimum 30 foot height at maturity)per fifty(50) linear feet of landscape area, plus one(1) shrub per ten(10)feet of linear landscape area,plus two (2)groundcover plants per each five(5) linear feet of landscape area. (c) Parking Cells in B-2 Zone District Landscaped islands shall be used to break up parking into"cells"containing no more than forty(40)parking spaces, and the landscaped islands shall cover at least five(5)percent of the gross area of the parking lot, including areas for driving aisles,but excluding any areas occupied by perimeter landscaping along adjacent public streets. Each landscaped island shall be a minimum of eight(8) feet wide and shall contain at least one(1)medium tree(minimum 20 feet height at maturity)per fifty(50)feet of linear length, plus one(1) shrub per ten(10)feet of linear landscaped area,plus two (2) groundcover plants per five(5) linear feet of landscaped area. (d) Building Perimeter Landscaping in B-2 Zone District Shrubs shall be planted within ten(10)feet of the foundation of the primary structure along each building façade visible from an adjacent public road, at the rate of at least twenty(20) shrubs per one hundred(100) linear feet of visible building façade. Foundation plantings may be clustered to provide interest, and plants of larger size or differing species shall be installed adjacent to the main pedestrian entryway to each building to emphasize that entryway. The Community Development Depai fluent may waive foundation planting requirements for portions of the sides or rears of buildings where loading areas or other similar areas precluding planting. (e) Alternative Approaches Plant spacing and densities differing from those in subsections(a)through(d) above may be approved if the Community Development Department determines that such alternative will include at least the same amount of living landscape material and will have an equally landscaped appearance when viewed from adjacent roads and properties. (e) Tree Removal (1)Intent The intent of these tree removal standards is to manage the removal of trees in order to preserve scenic resources,to maintain air and water quality,to protect wildlife habitat areas, and for the continued health, safety and welfare of the people of Pitkin County. This section applies to minor tree removals and does not implicate logging as per Sec. 4- 3 0-20 (f) or removals that will change the character of the site or parcel. .(2)Applicability A tree removal permit is required for removing, damaging, destroying, or altering the natural character of trees six(6) inches Diameter-Breast-Height(D.B.H.) or greater whose aggregate D.B.H is twenty four(24) inches or greater in a twelve(12)month period, or for any tree twelve (12) inches D.B.H. or greater. The term damaging, destroying, or altering trees includes but is not limited to activities such as topping, girdling, irresponsible pruning, damaging driplines, and poisoning, • (3)Prohibited Activities fa)Removing, damaging or destroying trees or other vegetation including snags within one hundred(100) feet of riparian and wetland areas and buffers identified in Sec. 7-20-80(a)(1) is prohibited unless approved by Pitkin County pursuant to other sections of this Land Use Code. (b)Removing, damaging or destroying trees or other vegetation within wildlife production areas is prohibited unless approved by Pitkin County pursuant to other sections of this Land Use Code. (c)Removing, damaging or destroying trees containing significant wildlife habitat such as raptor habitat,raptor nest sites, and raptor winter roost sites or disturbing trees containing nesting birds listed on the Migratory Bird Treaty Act pursuant to the Migratory Bird Treaty Act. (d)Removing non-hazardous,tall, overly mature trees or standing dead trees (snags) at a rate that would leave less than two(2)to five(5)per acre. .(4)Exemptions A tree removal permit is not required for: (a)Removal of trees that have either been approved or required pursuant to a development approval granted by the County. (b)Removing trees with a D.B.H between six(6) inches and twelve (12) inches whose aggregate D.B.H is less than twenty four(24) inches in a twelve(12) month period, provided the trees are not within one hundred(100) feet of riparian and wetland areas and buffers identified in Sec. 7-20-80(a)(1) c)Removing, damaging or destroying trees with a D.B.H. of less than six(6) inches, provided the total area disturbed is less than two hundred (200) square feet, and provided the trees are not within one hundred(100)feet of riparian and wetland areas and buffers identified in Sec. 7-20-80 (a)(1). (d)Removing trees in times of emergency, including the repair or restoration of public roads, electrical lines, natural gas lines,water lines, sewage lines, and storm drainage systems,when immediate action is necessary to protect public health or safety or to prevent imminent damage to property. (5)Tree Removal Permit A tree removal permit shall include the following (a) Site Plan A site plan shall include property lines, easements, structures,roads, and the location, species and D.B.H. of all trees proposed to be removed. (b) Tree Replacement Plan Trees six(6) inches D.B.H. or greater which are removed beyond the aggregate exemption, or any tree twelve (12) inches D.B.H. or greater shall be replaced with a tree of comparable,though not necessarily identical, size based on a caliper-for caliper basis to the maximum extent practicable(e.g. a 14 inch caliper tree is replaced with two (2) seven(7) inch caliper trees)unless exempt pursuant to 7-20-130 (e)(6). Species and general location of the replacement trees shall be represented on the submitted site plan.Any required trees that do not survive for at least one (1)year after installation shall be replaced at the owner's expense, and the County may require financial security for such replacement pursuant to Sec. 7-20-130(b)(7). (c) Revegetation Plan Revegetation plans shall provide that all disturbed areas be reestablished with appropriate tree and ground cover vegetation, and all removed vegetation will be properly disposed of. The finished, final condition of the property shall be in accordance with the approved plan. (6) Tree Replacement&Permit Fee Exemptions Under certain conditions,tree replacement will not be required and a permit fee will be waived. These conditions include but are not limited to controlling parasites, controlling invasive non-native species, or implementing wildfire mitigation as part of a fire district or Pitkin County approved fire mitigation plan. To be exempt from replacement and permit fees, a tree removal permit application containing a report from a certified arbor professional, local fire district personnel, or county recognized wildfire expert documenting the condition of the free and the harmful condition created if removal does not take place must be submitted and accepted by the County. • 'ro • ATTACHMENT B 7-20-10: SITE PREPARATION AND GRADING (a) Grading and Fill Placement Grading and filling on a site shall take place only within a defined Activity Envelope. All grading and fill placement that exceeds fifty (50) cubic yards shall be indicated on the Site Plan. (b) Clearing, Grubbing, and Vegetation Removal Clearing or grubbing of land, or removal of vegetation shall take place only within an approved Activity Envelopes except for the removal of noxious weeds and 10 or fewer dead or diseased trees of a caliper of 6" d.b.h. or greater within a 12 month time period that create a hazard may occur outside of an Activity Envelope. `. :. . . .. . . contain active mountain pine beetles shall not be stored for firewood. Each Site Plan shall document compliance with the requirements of this Sec. 7-20-10(b) and Sec. 7-20-130. (c)Tree Removal and Mitigation Each tree with six(6) inches or larger diameter at breast height(D.B.H.)that is removed within the Activity Envelope shall be replaced with one (1) or more trees with total D.B.H. at tree that(i) is diseased, or(ii) is required to be removed pursuant to the provisions of Sec. 7 may be removed and no replacement shall be required.All revegetation shall also comply survive for at least one (1)year after installation shall be replaced at the owner's expense, and the County may require financial security for such replacement pursuant to Sec. 7 20 130(b)(7). (c)Protection of Natural Terrain The County Planning Engineer or Community Development Director shall suggest and may require design and construction techniques that lessen or mitigate any physical and visual damage caused by the proposed activity or development to Constrained Areas or to the natural terrain, stream vegetation, and other natural features of the landscape within the Activity Envelope. Techniques shall include, but are not limited to: (1) Revegetation Revegetation and reforestation utilizing native or similar horticultural material,to be completed during the first planting season after construction; where vegetation is removed, it shall be replaced with vegetation that will reach similar density and height to that removed within two (2)years following conclusion of construction. (2) Topsoil Removing and saving topsoil prior to any grading or excavating and replacement for revegetation. (3) Weed Prevention Weed prevention, thistle management, and prohibition of non-native plants,which may include reducing animal damage to vegetation cover, as determined by the United States Soil Conservation Service Soil Survey. (4)Utility Installation Locating and installing utilities in a manner minimizing damage to the natural environment and scenic quality. (5)Erosion, Sedimentation, and Stormwater Management (a) Land uses shall: (1)Not cause erosion problems and, if practicable, retain all soil on site; (2) Minimize disturbance of natural vegetation and soil cover; (3) Ensure that all cuts and fills are adequately designed and vegetated to control erosion as well as stability of the slope area; (4) Ensure that natural drainage patterns are preserved and protected from increased water flows that subject existing channels and adjacent areas to increased erosion; and (5) Preserve natural vegetation and soil cover within those buffer distances adjacent to rivers, streams, lakes, reservoirs and wetlands/riparian areas established in Sec. 7-20-80. (b) Mitigation measures identified in an approved erosion, sedimentation, or stormwater management plan shall remain in place until revegetation is viable.