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Home My WebLink Aboutbocc.ord.021.2002 EMERGENCY ORDINANCE OF 'I ME BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AMENDMENTS TO SECTION 3-60-070 OF THE PITKIN COUNTY LAND USE CODE ORDINANCE # 21-02 RECITALS The Board of County Commissioners of Pitkin County, Colorado makes the following findings to support the emergency adoption of amendments to section 3-80-070 of the Pitkin County Land Use Code: L AUTHORITY A. Pitkin County has the authority to regulate the use and development of land pursuant to Colorado Revised Statutes: Chapter 28 of Title 30 (County Planning, Zoning, Subdivision); Chapter 65.1 of Title 24 (Areas and Activities of State Interest); Chapter 67 of Title 24 (Planned Unit Development Act); Chapter 20 of Title 29 (Local Government Land Use Control Enabling Act); and Chapter 1 I of Title 30 (County Powers and Functions). B. In connection with its regulation of the use of land, Pitkin County has the authority to enact and amend land use regulations as part of its broad police and planning powers to advance the interests of the public health, safety and welfare. C. As part of its land use regulation powers, Pitkin County has identified areas of state interest, including wildfire as a hazard subject to County regulation. D. C.R.S. § 24-65.1-202 provides that natural hazard areas be administered as follows: 24-65.1-202(2)(a)(II) Wildfire hazard areas in which residential activity is to take place shall be administered so as to minimize significant hazards to public health and safety or to property ... If development is to take place, roads shall be adequate for service by fire trucks and other safety equipment. Firebreaks and other means of reducing conditions conducive to fire shall be required for wildfire hazard areas in which development is authorized. II. EVALUATION OF REGULATIONS AND BUDGETARY CONSTRAINTS Ordinance # 21-112 Page 2 A. As part of its ongoing exercise of its police powers in Furtherance of the public health, safety and welfare, Pitkin County has undertaken a review of sections 3-80-070 of the Pitkin County Land Use Code. Experts in the area of wildfire have advised the County to make several amendments to the foregoing sections to make them consistent with prevailing practices, information and standards with respect to hazard regulation. B. Pitkin County currently has budgetary uncertainties. Budgetary constraints have necessitated the review of the efficiency and efficacy of certain County functions. In particular, the review of land use applications by the Community Development Department is a function that requires significant time of county staff. Thus, the land use review process has been examined for potential streamlining and reduction of required staff hours. C. As a result of the review described in paragraphs II.A. and II.B. the County has determined that amendments to section 3-80-070 of the Pitkin County Land Use Code are appropriate both to bring those sections into conformance with current hazard regulation and also to address the budgetary constraints that the County currently faces. III. EMERGENCY A. There are exigent circumstances that warrant the enactment of these amendments to the Pitkin County Land Use Code. Outdated hazard regulations place Pitkin County at risk for inappropriate and potentially dangerous activity and the proposed modification of the Code will simplify the administration of these activities. B. As described herein, the enactment of these amendments to the Pitkin County Land Use Code is necessary for the immediate preservation and protection of the public health, safety and welfare of the citizens of Pitkin County. NOW THEREFORE, be it ordained by the Board of County Commissioners of Pitkin County, Colorado, that it hereby adopts the amendments in Attachment "A"hereto to section 3-80-070 of the Pitkin County Land Use Code. INTRODUCED AND CONTINUED ON AUGUST 28, 20029 AND ADOPTED ON SEPTEMBER 11, 2002 SET FOR CONFIRMATORY READING AND PUBLIC HEARING ON FEBRUARY 26, 2003. Ordinance # 21-02 Page 3 NOTICE. OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIDIES ON FEBRUARY 15, 2003. CONFIRMED AT PUBLIC [TEARING ON FEBRUARY 26, 2003 PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON MARCH 8, 2003. EFFECTIVE SEPTEMBER 11, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO i 1 j J ette Jones, Jar rman uty County erk P-*r-rlf .A10- Date: APPROVED AS TO FORM: John M. Ely, Hilary F t her Smith, County Attorney County anager 3 Ordinance i# 21-02 Page 4 ATTACHMENT Repeal and Re-Enact 4 3-80-070 as follows: 3-80-070 Wildfire Hazard Areas `[his section establishes: (1) the standards for development in wildfire hazard areas; and(2) the applicable review process for such development. A. Development Standards. 1. Definitions. a. Severe Hazard Wildfire Areas. Severe hazard wildfire areas shall consist of the following areas(in all cases mapping will be field verified by the Colorado State Forest Service, the Pitkin County Sheriffs Department or a person certified by Pitkin County as an expert in wildfire hazard areas and wildfire mitigation, hereinafter referred to as "wildfire experts"): i) Areas designated as "C-- Severe Hazard: Trees" or"X-- Severe Hazard: Brush" wildfire hazard on Pitkin County's adopted wildfire hazard area maps. ii) Areas that are not mapped but are identified by wildfire experts as areas containing "C-- Severe Hazard: Trees" or "X--Severe Hazard: Brush"wildfire hazard. iii) Areas that are incorrectly mapped and are identified by wildfire experts as areas containing "C--Severe Hazard: Trees" or"X-- Severe Hazard: Brush"wildfire hazard. b. Low and Medium Hazard Wildfire Areas. Low and medium hazard areas shall consist of the following areas(in all cases mapping will be field verified by the Colorado State Forest Service, the Pitkin County Sheriffs Department or a person certified by Pitkin County as an expert in wildfire hazard areas and wildfire mitigation,hereinafter referred to as "wildfire experts"): i) Areas designated as "A-- Low Hazard: Trees and Grass", "B-- Medium Hazard: Trees" wildfire hazard on Pitkin County's adopted wildfire hazard area maps. ii) Areas that are not mapped but are identified by wildfire experts as areas containing "A-- Low Hazard: Trees and Grass," "B--Medium Hazard: Trees" wildfire hazard. iii) Areas that are incorrectly mapped and are identified by wildfire experts as areas containing "A--Low Hazard: Trees and Grass," "B--Medium Hazard: Trees" wildfire hazard. 2. Building Envelope and Wildfire Hazard Area Delineation. Concurrent with building permit submittal, a site plan that meets the requirements of section 5-70- 040 shall be submitted that delineates all development within a building envelope(wildfire mitigation, and creation of defensible space, may occur outside of the building envelope). Wildfire hazard areas shall be delineated within the building envelope consistently with the definitions of section 3-80-070A.I.;provided that, in the case of varying hazard levels within the building envelope, it shall be sufficient to label the entire envelope with the highest level hazard. Ord.#_2002,Attachment"A," 1041 Amendments: Wildfire Page 4 y Ordinance 0 21-02 Page 5 fhe building envelope, and a hundred-loot radius surrounding all struclures shall be clearly labeled as either: low hazard; medium hazard; or severe hazard. .l. Development Standards. a. Severe Hazard Wildfire Areas. Development is prohibited within any severe hazard wildfire area, unless it is determined pursuant to the process of section 3-80-070D. that: (1) there is no alternative development area on the property that is tree of"C -Severe Hazard: Trees" or"X -Severe Hazard: Brush" wildfire hazards; or(2) development within the severe wildfire area is preferable to alternative low or medium hazard site(s) because of visibility and/or other hazard concerns relating to the alternative sitc(s);'or(3) the development is within a BOCC approved subdivision Development permitted in severe hazard wildfire areas pursuant to this section shall be subject to the standards of section 3-80-070A.3.b. below,and the following additional structural design and construction standards(which may be varied upon recommendation by the wildfire expert): i. Projections(Heat Traps) a) Projections at the roofline(which include, but are not limited to: eaves, cornices, soffits and roofs over open decks)shall be sheathed with materials approved for one-hour fire-resistive construction. b) For projections below the roof line(including,but not limited to: exterior balconies, decks,porches,cantilevered floor projections, and bay windows which extend over a flat or sloped surface) the open space between grade and the underside of projections below,the roof line shall be enclosed by solid,vertical walls. These walls shall be constructed with materials approved for one-hour fire-resistive construction on the exterior side of the wall and shall extend from the top of grade to the underside of the floor decking or walls of the projection. c) An alternative construction method for such projections would require use of non-combustible building materials, or heavy timber or log wall construction, if the underside of the projecting portion is covered with materials approved for one-hour fire-resistive construction and if there are no inside angles of less than seventy-five degrees(75°).Areas below such projections shall be void of vegetative or other combustible materials.These areas below projections shall be protected from accumulation of vegetative materials by placement of a vegetative barrier covered with rocks or gravel or by coverage with concrete or stone.There shall be no storage of combustible materials under projections. The walls underneath projections shall be constructed with materials approved for one-hour fire-resistive construction on the exterior side of the wall. Window openings in walls below projections shall be tempered glass. Doors shall be noncombustible or one and three-fourths inch(1 '/4")solid wood. ii. Windows and Glass: Glazed openings shall be provided with closable, solid, exterior non-flammable shutters or shall be tempered glass. iii. Exterior Walls and Siding: Siding and exterior wall construction shall have a minimum one-hour fire-resistive rating,ground level to roof line. Exterior doors shall be noncombustible or one and three-fourths inch(1 '14") solid wood. iv. Foundations: Foundations,skirting and crawl space openings shall be fully enclosed and constructed with materials approved for one-hour fire-resistive construction Ord.#_2002,Attachment"A,"1041 Amendments: Wildfire Page 5 h� h Ordinance 4 21-02 Page b on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. V. Silt Construction: The underside of decks and structures with stilt foundations shall be fully enclosed and constructed with materials approved for one-hour fire- resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. b. Low and Medium Hazard Wildfire Areas. Development is allowed, subject to conformance with the Following development standards: i. Location: No development shall be located in draws,canyons or on slopes greater than thirty percent(30%)unless the Community Development Department determines there is no alternative site available on the property. it. Defensible Space: The area around all buildings/structures, limited by property boundaries which may limit a property owner's ability to comply with this section,shall incorporate landscaping with wildfire defensible space considerations as follows (note: Actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): a) Brush,debris and non-ornamental vegetation shall be removed within a minimum ten-foot(10')perimeter around all structures. b) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty-foot(30') foot perimeter around a structure built on flat ground. (For greater slopes,reference CSFS Safety Zone chart,page 13, Wildfire Guidelines For Rural Homeowners.) c) Spacing between clumps of brush and vegetation within the thirty-foot (30')perimeter shall be a minimum of two(2) times the height of the fuel. Maximum diameter of the clumps shall be two(2)times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. d) All branches from trees and brush within the thirty-foot(30')perimeter shall be pruned to a height of ten feet(10')above the ground with removal of ladder fuels from around trees and brush. e) Tree crown separation within the thirty-foot(30')perimeters shall have a minimum of ten feet(10')between the edges of the crowns, except for mature stands of Aspen trees where ladder fuels have been removed. In areas of Aspen regeneration, the spacing guidelines of section ii.c. shall be followed. f) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen feet(15')of chimneys shall be removed. g) The density of fuels within a one-hundred-foot(100')perimeter of the structures shall be reduced where natural reduction has not already occurred. h) All deadfall within the one-hundred-foot(100')perimeter shall be removed. i) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. Ord.#_-2002,Attachment"A,"1041 Amendments: Wildfire Page 6 / Ordinance # 21-02 Page 7 iii. Structural Design and Construction Requiretuents a) Rooting: Unless the wildfire expert has recommended a different method of construction due to proximity to a severe wildfire area, in low and medium wildfire areas, roots shall be constructed with a Class A roof covering or a Class A assembly as defined in the Uniform Building Code(UDC) 1997 Section 1504. In severe wildfire areas, roots shall be constructed with a non- combustible Class A roof covering on a Class A roof assembly. Wood shake/shingle roof coverings are prohibited in all wildfire hazard areas. Roofs with less than a 3:12 pitch are not permitted in wildfire areas unless they comply with the following: 1) All roof coverings shall be non-combustible Class A materials as defined in the Uniform Building Code(UBC) 1997 Section 1504 (wood shake/shingle roof coverings are prohibited)and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3) All roof designs shall facilitate the natural process of clearing roof debris.Protrusions above the roofline, such as parapets,shall be prohibited. 4) Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a minimum slope of 1:48, 5) All roof designs,coverings or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. b) Vents: Vents shall be screened with corrosive resistant wire mesh,with mesh one-fourth- inch(1/4")maximum. iv. Maintenance a) Roofs and gutters shall be kept clear of debris. b) Yards shall be kept clear of all litter, slash and flammable debris. C) All flammable materials shall be stored on a parallel contour a minimum of fifteen feet(15') away from any structure. d) Weeds and grasses within the ten-foot(10')perimeter shall be maintained to a height not more than six inches(6"). V. Miscellaneous a) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen feet(15')away from the structure. b) Swimming pools shall be accessible by the Fire Departments. c) Fences shall be kept clear of brush and debris. Ord.#=2002,Attachment"A,"1041 Amendments: Wildfire Page 7 Ordinance>$ 21-02 Page 8 'I) Wood fences shall not connect to the structure. cl .Any outbuildings or additional structures shall adhere to the same standards as structures. f) Fuel tanks shall be installed underground with an approved container. g) Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the stntcture with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two(2)hour fire-resistive construction on the exterior side of the walls. h) Each structure shall have a minimum of one ten(10)pound ABC fire extinguisher. i) Addresses shall be clearly marked with two-inch(2")non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible post. vi. Access a) Access roads shall be built to County standards; however, these standards may be increased to mitigate wildfire hazards based on comments provided by the Colorado State Forest Service, the Sheriffs Department, local fire protection districts and/or a person approved as an expert in wildfire areas and mitigation. Where feasible, looped routes of access/egress to the main arteryi7righway shall be incorporated in the design of a proposed development. Looped routes of access/egress is defined as two(2)or more dedicated access roads to the main artery/highway for widely separated ingress/egress; looped drives with one entrance point or divided single entrances do not satisfy this condition. Where this is not feasible, the Community Development Department may approve vehicular turnaround areas a maximum of seven hundred fifty feet (750')apart installed between the road intersection and its terminus. Turnaround areas shall be the same standard as cul-de-sac turnaround pads;these may be incorporated into the proposed driveway entries. b) New dead-end streets(not including cul-de-sacs) shall not be permitted. c) Cul-de-sac turnaround pads shall have a minimum of a thirty-foot(30') drivable surface inside turning radius. d) New driveways and access roadway shall enter the roadway at a ninety- degree(90°) angle for the first twenty-five feet(25')of the driveway. e) Fuel breaks shall be incorporated into the roadways of the subdivision for one hundred feet(1001) on each side of the roadway. (For greater slopes, reference CSFS Fuelbreak Guidelines for Forested Subdivisions.) Note: Actual vegetation manipulation to meet this condition may not be necessary where the natural vegetation patterns have already fulfilled these conditions. vii. Water Supply. , Ord.#_2002,Attachment"A," 1041 Amendments: Wildfire Page 8 7f/1 Ordinance # 21-02 Page 9 al Wheu;access to a public or private pressurized water system is not available or if it is necessary to augment tire protection water systems, private ponds may be used if approved by the Community Development Department. b) Any lire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a Fire Department approved mechanism(such as a fire hydrant). The amount of storage capacity shall be determined by the fare protection district with a minimum of one thousand(1,000)gallon storage capacity per structure. c) Regardless of size, all structures(including detached garages and horse barns) located within areas identified as containing "C--Severe Hazard: Trees" or"X--Severe Hazard:Brush"wildfire hazard shall be required to install in- house sprinkler systems which meet the standards of the local fire protection district and the Uniform Building Code. d) All structures greater than 5,000 square feet in size shall be required to install in-house sprinkler systems in-house sprinkler systems that meet the standards of the local fare protection district and the Uniform Building Code. At building permit submittal,the local face protection district may require smaller structures to be sprinkled due to hazard considerations,emergency access difficulties and lack of proximity to fire protection services. viii. Utilities: Utility lines shall be buried. ix. Additional: Additional recommendations from the Colorado State Forest Service, the Pitkin County Sheriffs Department,the local fire protection district and/or a person certified by the Community Development Department as an expert in wildfire areas and wildfire mitigation may be incorporated into any conditions of approval as necessary to mitigate wildfire hazards. B. Review Process. All development shall be reviewed for compliance with this section based on the procedure set forth below, unless additional reviews are required in which case the applicable reviewing bodies shall be the decision makers. The Community Development Department may require a site visit to determine compliance with these provisions,and may charge a fee to defray the cost of reviewing the application. 1. Building Permit Sign-Off. All development shall be reviewed for compliance with this section. Along with a building permit application, the property owner shall consult with a wildfire expert and submit a site plan that conforms to the requirements of section 3-80-070A.2. Prior to building permit issuance,the Community Development Department shall determine that the proposed development meets the criteria of this section and sign-off on the building permit and the certificate of occupancy. 2. Optional Administrative Process. An optional administrative process is available for approvals desired prior to building permit submittal. If an approval is granted,such approval shall vest pursuant to the terms of section 4-140 for a period of three years. 3. Notice. Building permit sign-off reviews associated with development in severe wildfire areas only shall be noticed within thirty days after receipt of an application by publishing notice of the review. Such notice shall be published once in a newspaper of general circulation in the county,not less than thirty days nor more than sixty days before the date of the anticipated Ord.#=2002,Attachment"A,"1041 Amendments: Wildfire Page 9 Ordinance# 21-02 Page 10 administrative decision. .Adurinislrarive reviews shall be noticed pursuant to section 4-90 and the notice requirements ti)r L2aretaker dwelling units. 4. .appeal. All appeal pursuant to section 3-390 and'or 3-300 is available to any party aggrieved by a decision rendered pursuant to this section. Ord.#=2002,Attachment"A," 1041 Amendments: Wildfire J( Page 10 /(�