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HomeMy WebLinkAboutbocc.ord.017.2020BQCC Ordinance No -2020 Page I ORDINANCE NO. 040-2019 OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AMENDING ORDINANCE NO. 040-2019 AND ADOPTING COUNTY -INITIATED RENEWABLE ENERGY-RELATED LAND USE CODE TEXT AMENDMENTS, SPECIFICALLY AMENDING THE PITKIN COUNTY CODE, TITLE S, OF THE LAND USE CODE, SECTIONS 2,4 AND 7 ORDINANCE NO. & -2020 RECITALS WHEREAS, Pursuant to 30-35-301 C.R.S., the Board of County Commissioners (`BOCC") of Pitkin County, Colorado a Home Rule County is authorized to make and publish ordinances for carrying into effect or discharging the powers and duties conferred upon such counties by law and as seems necessary, and WHEREAS, Pursuant to Section 2_8.1 of the Home Rule Charter {"HRC"), the BOCC is authorized to take official action by Ordinance for certain matters where action is prescribed pursuant to the Colorado Revised Statutes as amended, and WHEREAS, The Pitkin County Community Development Department ("Applicant") initiated the request for approval of Renewable Energy-related Text Amendments to the following Sections of the Land Use Code: 2-30-10: Review & Approval Procedures Summary Table 2-30-20: Administrative Review Procedure 4-30-60 Use Specific Standards (Renewable Energy Uses) 7-20-160: Standards for Solar Roof Readiness & Guidelines for Site Orientation for Solar Access WHEREAS, After consideration of proposed Land Use Code Text amendments at a regularly scheduled public Planning and Zoning Commission Meeting on April 7, 2020 in accord with C.R.S_ ¶ 24-6-402 review; the Planning Commission unanimously recommended approval of said Land Use Code Text amendments to the Board of County Commissioners, as reflected in P&Z Resolution #007-2020. WHEREAS, The proposed amendments to the Land Use Code text will apply County -wide, as reflected on the Maps attached hereto as Exhibit E -E4. WHEREAS, A Pitkin County Greenhouse Gas inventory completed in 2014 and updated in 2017, identified buildings as the most significant contributor to greenhouse gas emissions in Pitkin County. BOCC ordinance too-2020 Page E2 WHEREAS The Board of County Commissioners (BOCC) adopted a 2017 Climate Action Plan that focused on reducing greenhouse gas emissions. at an internal organizational level initially, with the intent of working towards emissions reduction at a County-wide level, and ultimately working collaboratively at a regional scale to reduce greenhouse gas emissions and non- renewable energy consumption. WHEREAS In recognition of the need to act locally and on a regional scale to address greenhouse gas emissions relating to climate change, the Board of County Commissioners approved Resolution # 479-2019 Endorsing The Declaration 4f A Climate Emergency And Requesting Regional Collaboration To Counter Climate Change. WHEREAS Public P&Z and BOCC meetings held over a roughly 2 year period between 2015 and 2017 resulted in direction to Staff to develop Land Use Code and Energy Code Addendum amendments related to the use of renewable energy as an alternative to use of non-renewable energy resources associated with greenhouse gas emissions. WHEREAS The Planning. & Zoning Commission and the Board of County Commissioners find that the proposed County initiated Land Use Code amendments are consistent with Sections 2-30- 40(i) and 2-40-10(e) of the. Pitkin County Land Use Code ("Code"), the Land Use Policies in the Code, and the Pitkin County Comprehensive Plan, which incorporates the 2016 Crystal River Caucus Master Plan, the 2016 Emma Caucus Master Plan. the 2016 Frying Pan Caucus Master PIan, the 2018 Maroon Creek Caucus Master Plan, the 2418 Snowmass/Capitol Creek Caucus Master Plan as follows: A. 2016 Crystal River Caucus Plan: The following statements in the Crystal River Cauucus. Master PIan support Code amendments relating to renewable energy resource use as a means of mitigating for climate change: 1) "The Caucus supports climate change mitigation and protection to prevent environmental deterioration." 2.) "Climate change: response and preparedness_ Present climate change trends present a significant threat to our Valley's character and ecosystems in the near and long- term ... Mitigating the impact of climate change requires increasing energy efficiency and the use of renewable energy sources." B. 2016 Emma Caucus Master Plan_ The following Plan goal addresses climate change and energy consumption, both of which are addressed by proposed Code amendments: 1 ) "Actively address the threats presented by climate change in order to protect the environment, the wildlife and the inhabitants of the Caucus area. Inaction with respect to climate change is potentially catastrophic for the natural environment and current and future generations in communities. The Emma Caucus endeavors to address energy consumption at the local level and resiliency relating to local land use and natural resource management." 3OCC Ordinance No. 6Y -2020 awe 13 C. 2016 Frying Pan Caucus Plan: The Frying Pan Caucus Plan specifically supports the use of renewable energy to preserve air quality, support community resiliency and environmental protection: 1) "Preserve present air duality and keep all air pollution to a minimum. Encourage the development of community renewable energy sources within the Caucus area on appropriate sites and the use of renewable energy for private use. Support and promote resource efficiency in existing and new structures to support community resiliency, economic vibrancy and environmental protection. Support the Pitkin County goal of reducing energy from non-renewable sources. 2) Recommended Actions: Encourage governmental agencies and utilities to incentivize the use of all feasible forms of renewable energy and power for private use: solar, wind, hydro, geothermal. D. 2018.Maroon Creek Master Plan: The Maroon Creek Plan encourages sustainable, renewable energy at a smaller, neighborhood scale rather than at a large, utility scale within the Caucus area, as follows: 1) "Sustainable energy, particularly renewable energy sources within the Caucus Area, should be encouraged for existing development and required for all future projects. On- site renewable energy is best -suited to our small Caucus Area and entrance to the,- Maroon heMaroon Bells, whereas large-scale projects to serve the region and the City of Aspen and/or municipal/utility providers are not appropriate for our rural environment. All renewable energy projects, whether on-site or within the Caucus Area, should still seek to preserve natural stream flows, existing ecologies. and scenic qualities of the area." E. 2018 Snowmass/Capitol Creek Caucus Master Plan: The Snowmass/Capitol Creek Master Plan incorporates a whole section regarding energy and climate stewardship with the following specific recommendations: 1) "ENERGY ANIS CLIMATE STEWARDSHIP The local governments in Pitkin County continue to demonstrate commitment to energy and climate stewardship through improvements to building codes, incentive programs, demonstration projects and the like. The Snownaass--Capitol Creek Caucus encourages homeowners and builders to look for every opportunity to demonstrate conservation. The following are offered as guidelines_ i. Advanced energy efficient building designs, passive solar designs, and energy conservation retrofits are the first priorities for reducing the use of purchased energy, cutting energy costs and pollution, and minimizing the size and cost of solar systems. ii. The Caucus encourages home designs that demonstrate use of solar, ground source heat pumps and Other renewable energy resources that minimize fossil fuel energy consumption and CO2 emissions. Special attention should BOCC Ordinance NoM -2020 !4 be paid to minimizing energy use for second homes while unoccupied. iii. The glare produced by light reflecting from solar panels should not create unreasonable impacts of intensity and duration for the applicant's neighbors. If glare creates unreasonable off-site impacts, then vegetative screening, panel repositioning, or other effective means of mitigating glare may be rewired. iv. View -plane obstructions and issues related to height, width, and bulk should be minimized when installing solar panels, in consideration of neighbors. v. Off-site renewable electricity options are available from Holy Cross Energy and Clean Energy Collective. Holy Cross and Community Office for Resource Efficiency have energy efficiency programs, rebates, and financing." WHEREAS The Planning Commission and Board of County Commissioners find that the proposed Land Use Code teat amendments facilitate reduced consumption of non-renewable resources, building energy efficiency and sustainable design principles. WHEREAS, The BOCC finds that adoption of this ordinance is in the best interest of the citizens of Pitkin County. WHERE -AS, The BOCC finds that adoption of this ordinance is necessary for the immediate preservation of the 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 Board of County Commissioners of Pitkin County, Colorado that it hereby adopts an ordinance of the Board of County Commissioners of Pitkin County, Colorado inclusive of the following attached exhibits, adopting renewable energy-related Land Use Code text amendments, and authorizes the Chair or the Chair's designee to sign the Ordinance and upon the satisfaction of the County Attorney as to form, execute any other associated documents necessary to complete this matter. EXHIBIT A 2-30-10: Review & Approval. Procedures Summary Table EXHIBIT B 2-30-20(G)(20): Administrative Review Procedure EXHIBIT C 4-30.60 Use Specific Standard (Renewable Energy Uses) EXHIBIT D7-20-160: Standards for Solar Roof Readiness & Guidelines for Site Orientation for Solar Access EXHIBIT E -E4 County Zoning Maps 60CC Ordinance No.011 -2020 -aw_ is INTRODUCED AND FIRST READ ON THE 25th DAY OF MARCH, 2020 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 22nd. DAY OF APRIL 2020. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE O INANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE DAY OF 2020. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL ITKIN COUNTY WEBSITE s✓�-�.��_ ;t¥<<.,,, ON THE -Atli. DAY OF 1+-.v r< ( 2020_ ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 22ND DAY OF APRIL 2020. PUBLISHED BY TITLE AND SHORT SUIvIM Y, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE DAY OF r a , 2020. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (�v:vv,Ykinalv.en:##) ON THE ;:�3---'— DAY OF r r 1, 1o7 0b_, ATTEST: By YAV {ft- 36w's Jeanette Jones Deputy County Clerk APPROVED AS TO FORM: So�ti �l7 John Ely, County Attorney BOARD OF COUNTY COMMISSIONERS By: 54. F. GW,k Steven F. Child, Chair Date_aun-22-2020 MANAGER APPROVAL Nus A44mu- Phylis Mattice for Jon Peacock, County Manager Chapter 2 - Review and Approval Procedures R = Review Body D = Decision -Making Body Staff = Community Development ABRC = Agricultural Building Department Staff Review Committee A= Appeal Body < > — Public Meeting or Hearing RHPC=Redstone Historical Required BOA = Board of Preservation Committee Adjustment M = Mailed Notice Required N = Newspaper (published) Notice P&Z = Planning and Required BOCC = Board of County Zoning Commission Commissioners P = Posted (sign)Notice Required Review Body; D = Decision -Making Body; A = Appeal Body; <> = Public Meeting or Hearing Required.; Pitkin County Land Use Code CHAPTER 2 - REVIEW AND APPROVAL PROCEDURES July 2006 Page 39 ublicFF771HO ision-Making, and Appeal Authority Land Use Code Section vticeHearin Required apsing 1RHPC A 1p&ZIBOCC Review Body; D = Decision -Making Body; A = Appeal Body; <> = Public Meeting or Hearing Required.; M = Mailed Notice Required; N = Newspaper(published) Notice Required; P = Posted (sign) Notice Required O= Objection Body Activity Envelope 10 years Without Vested Right)A Activity Envelope A 10 years (With Vested Ri ht) Agricultural Stand A 10 ears A,.f;N41y r.K.:, r,. awl Site Permit f0f G f ., a Meui4ed Solar- a VIP B A 10 years R if in VR or Building Pertrtit VC or within 1000 ft Caretaker Dwelling Unit ,M I A ears Certificate of Appropriateness A for Historic Registry Property one Certificate of No Effect for A Historic Registry Pro e one Demolition Certificate for Historic A Properties one Demolition Extensions A months Energy Storage not based on Battery A A Technolo y Flexibility for Agricultural Support R A years Ground Mounted Solar Energy Collectors L0- under 1110 of an acre of land used GMQS Exemption Not Listed A Elsewhere one Pitkin County Land Use Code CHAPTER 2 - REVIEW AND APPROVAL PROCEDURES July 2006 Page 39 Chapter 2 Review and. Approval Procedures Pitkin County Land Use Code CHAPTER 2 - REVIEW AND APPROVAL PROCEDURES July 2006 Page 43 ubtic re -App. Review, Decision -Making, and Appeal Authority apsing Land Use Code Section otice a uired < > = Public Hearing Reqaired ABRC HO RHPC AO JP&Z BOCC Minor Amendment to a D = Original Decision- A ces Not Alter Development Permit or Making Body riginal Lapsing Approval Major Amendment to a ame Development Permit or otice D or <D> = Original as Approval Approval Where Original s Decision -Making Body and A rmit Approval was by Administrative riginal Original Hearing Regt. nded Review eview Satellite Reception Devices A tarne r Signs A r Site Grading, Earthmoving (> 50 cubic yards), Vegetation A r Removal, Grubbing and Clear in R (for ' Site Plan P agricultural A 10 years (With Vested Right) buildings only) D 10 Years Solar- gfkef�gy r 01186te 5 Total'„ QFeEttff tl,nfi 200 SgHa -v Feet (Roof Mettnted Neii n.l', stable) MY 4 A 10 years -1.@s:, ha ;oQSqtiafe Feet D A 10 years c,.ia T01a b 4 00 Sqi+a+e Feet 9F QfeataF (R 091f TA,,,..,+.,.1 M,P D 0 A 10 vea l -s Special Review for Commercial Recreational one unless stated Use on County -owned property or roads if A n approval below thresholds established in Sec. 4-30- 40 3 a Subdivision Exemption Lot Line Adjustments Atone e Minor Plat Amendments Ae Temporary Land Use Activities Aar and Special Events A year Transfer of Development Right (See also Sec. 2-40-30 Issuance of TDR Certificate A for Sale from Sending Sites Use of TDR Certificate for Additional Floo Area on a Lot/Parcel within tine Aspen Ae Urban Growth Boundary Pitkin County Land Use Code CHAPTER 2 - REVIEW AND APPROVAL PROCEDURES July 2006 Page 43 Chapter 2 Review and Approval Procedures Land Use Code Section ublic re -App. Review, Decision -Making, and Appeal Authority apsing otice a wired <> = Public HearinR Required taff ABRC HO RHPC AQ P&Z BOCC Use of TDR Certificate for Additional Floor Area on a Lot in a Subdivision in the Rural A one Area listed in Sec. 6-30-50(b)(2)(a) Water Crossing or Diversion A one Wind Powered Encr„y Generators MY D A 10 years Areas and Activities of State Interest — — A Finding of No Significant Impact Designation to or Delisting from Historic AM <D> one Register Activity Envelope and Site Plan Review for <D> 10 years Stream Restoration Projects 'M Extension/ D Reinstatement of Vested Rights Ground Mounted Solar Energy Collectors MY R U A I Q years over 1/10 of an acre of land used Ground Mounted Solar Collectors over 117 1'P R <D> A 10 years of an acre of land used — GMQS Exemption for one One Additional Dwelling Unit on a Property Designated to the Historic AM <D> one Register) Change in Use of Historic Structure 'P'M <D> one Civic or Institutional Use AM <D> one One Single Family Dwelling on N,P,M <D> one 500` Acre Parcel Historic Incentives for Historic Register P M <D> one Properties Location and Extent Review 'P'M <D> one Major Amendment to Development Permit D = Original Same as Approval or Approval ,P M Decision -Malting r Permit Body ended Nan -Conforming Use or Structure, Restoration or Expansion with Minor ,P,M <D> 1 year Building Modifications Road and Easement Vacations ,P,M Special Review Uses ne unlessstated (See also Sec. 4-20 Use Table and Sec. 2- 'P'M approval 40-20 Special Events Venue AM JD>'one vear Special Review for Commercial one unless stated Recreational Use on County -owned approval rty pro eor roads If below thresholds established in P M <D> A Sec. 4-30-40 (q)(3)(b) Pitkin County Land Use Code CHAPTER 2 - REVIEW AND APPROVAL PROCEDURES July 2006 Page 43 Chapter 2 Review and Approval Procedures Land Use Code Section ublie re -App, Review, Decision -Making, and Appeal Authority Lapsing otice e aired < > = Public Hearing Required taff ABRC HO RHPC A P&Z BOCC If above thresholds established in AM <D> Sec. 4-30-40(q)(3)(c) Subdivision Exemption for Fully Developed Lands 'P'M I<D> A one New Lots in VC and VR Zone Districts ,PIM <D> A one Parcels for Community and Public FaciIitie and AM <D> None Open Space Separation of Platted Sub -Standard Size Lots ,P,M <D> one See also Sec. 9-20-030 IA Determined Takings Determination D by remedy a roved l Transfer of Development Rights See also Sec. 2-40-30 Issuance of TDR Certificate for Constraine <D> one Site 'P'M Issuance of TDR Certificate(s) for Limited P.M. <D> Development Conservation Parcels Use of TDR Certificate for Additional Floo Area on a Lot/Parcel in the Rural Area NO AM <D> A one listed in Sec. 6-30-50 b (2) a Use of TDR Certificate for Additional Floo Area on a Lot/Parcel with a Base Square Footage AM <D> A None Allotment Granted via Growth Managemen Competition Use of TDR Certificate to Create Development ,P,M <D> None Right Variance of Height or Setback AM <D> A 1 year See also Sec. 2-40-90) Variance for Historic Preservation Incentive <D> A I year (See also Sec. 7-20-100(g)(2)(b) ,P,M Variance of Sign Setback or Number <D> A 1 year See also Sec. 2-40-100 1P'M Solar Farin M,P k R <D> 10 years j Condominium and Cooperative Conversions, AM R <D> None Timeshare Developments Conservation Development PUD (CD -PUD) ,P,M R <D> one GMQS Exemption for Construction of Affordable Housing Located Outside ofthe ,PM R <D> one AH Zone t For example, if an activity envelope is approved to remedy a takings, the approval will expire after 10 years. Pitkin County Land Use Code CHAPTER 2 - REVIEW AND APPROVAL PROCEDURES July 2006 Page 43 Chapter 2 Review and Approval Procedures Land Use Code Section Public re -App. Review, Decision -Making, and Appeal Authority Notice a uired <> — Public Hearin Required apsing taff ARRC HO RHPC BAO P&Z BOCC GMQS Scoring & Allotments <D> A and one (See also Sec. 2-40-40 'P'M D Land Use Code Amendments (See also j Sec. 2- N. R <D> one 40-10 LIR or TR -2 Cluster Option Devt. M R <D> one (See also Sec. 2-40-70) �P Micro Fl ldraelectric EU.Lrgy Svstem . ,P,M R R <.D> 10 years VLP, P -I and SKI-REC — Master Plans and Amendments N,P,M R <D> one See also See. 2-40-80 Rezonings to Zone Districts Other Than a PUD Zone District (See also Sec. 2-40-10) NP'M ' R <D> one Site Selection for Activities of Local and State Interest ,P,M R <D>5 yrs. See also Sec. 2-40-120 sehif Solar Facilit 'P'M R <D> 10 ears Subdivision Exemption for Major Plat Amendment ,P,M R <D> one Areas and Activities of State Interest _P.M_ IR I<D> Detailed and Final (See also Sec. 2-40-70 AM R <D> None PUDs for AH/PUD Zone District and PUD containing AH Units in Any Zone District See also See. 2-40-60 Conceptual AM I R <D> 1 year Final Done Subdivisions of Land and Rezonings to 1year PUD zone districts (See also Sec_ 2-40-50) Conceptual AM R <D> Detailed AM I R I<D> 11year Final Plat I ID INone (Code repealed and reenacted (all sections) by Ord. 014-D-2006, 07-05-06, Table 2-1 (part) cird. 038-00. 1 % 010-11. OS -10-11; Ord- 011-1 (}�-1t�-1 ;., Ord- 002-13, 01-23-2013': Ord. 006-15, 02-25-15, Table Ord. 003- IS. 01-I 0-1 S Pitkin County Land Use Code CHAPTER 2 - REVIEW AND APPROVAL PROCEDURES July 2006 Page 43 Chapter 4 — Permitted Uses (e) If testing shows that a site is over any of the thresholds mentioned above, the Applicant shall not be allowed to dump snow at that site and reapplication will be required. (Cade repealed and reenacted (all sections) Ord 014-D, 2006, 07-05-08; § 4-30-50 amended (part) . [. u�i 1€-; -=,_ ':: . i c+�< i1'.:"a v. r,. �'_. . �- • -Y>. i31r 9 =s c,g c —201x, #40-2 (1 11-20-2019 4-30-64: RENEWABLE ENERGY USES (a) Intent: The intent of these provisions is to achieve Pitkin County's goal of increasing the use of clean, alternative energy by advocating for the development of renewable energy resources and to provide the foundation for a resilient distributed energy system. (b) General - (1) Energy storage shall be provided fia aAll renewable energy systems that produce ten 10 kilo -watt hours kWh or more shall have energy storage provided with a capacity of at least twenty-five (25) percent of the systems daily average production in kilo -watts (M). (2) When feasible, systems shall be installed in partnership with the utility provider. (3) Whenever possible, renewable energy technology/equipment shall be part of a cradle to cradle life -cycle, where the manufacturer who sells the product disposes/recycles it aad at the end of its usable life. (c) Energy Storage: (1) Energy storage not based on battery technology is subject to administrative review pursuant to section 2-30-20. (2) Interior energy storage shall be used in preference of exterior energy storage_ (3) Exterior energy storage buildings shall have a maximum of thirty-six (36) square feet of floor area exempt from Total Gross Allowed Floor Area, pursuant to section 5-20-70(1). This exemption does not apply to solar farms or solar facilities. The buildings shall be no higher than ten (10) feet tall to the roof ridge as measured from existing or finished grade, whichever is more restrictive. Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 Page 90 Chapter 4 — Permitted Uses (4) Where visible from public roads, exterior storage systems and buildings shall be screened with vegetation. (5) To accommodate release of excess energy or dumping of excess utility system load, storage systems must have a means of being attached to the electric utility grid, unless infeasible or the entire building/property being supplied by the system is disconnected from the utility grid. (6) If an exterior storage system has not been replaced or upgraded, or the Community Development Department has not been provided with proof of maintenance and proof of performance, after ten (10) years, then the Community Development Department may require replacement or upgrading of the system, or the removal and disposal of the system, and re -grading and revegetation of the area to its condition before development. (d) Solar Energy Collectors: (1) General: (a) Solar energy collectors shall be sized such that the energy collected will be primarily for onsite purposes, and not primarily for the generation of electricity to be used off-site. (b) In the RR zone district, solar energy collectors may only be used for on-site residential purposes. (c) Pursuant to Section 7-20-120(d)(4), solar energy collectors shall not protrude above a ridgeline. (d) Solar energy collectors shall not shade an evapotranspiration leach field. (e) When evaluating a site for installation of solar energy collectors, rooftop panels are preferred over ground mounted panels, unless good cause is demonstrated to the Community Development Department that ground mounted panels are necessary, or are a better solution for the site. (2) Roof Mounted Solar Energy Collectors: (a) General: Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 Page 91 Chapter 4 — Permitted Uses (1) Roof mounted solar energy collectors shall not result in any structure exceeding the maximum height limit with encroachments pursuant to Section: 5-20-60. (2) Roof mounted solar systems and other ancillary development (racking assembly, balancing system, utility boxes, etc.) shall have a "matte" finish or be of a non -reflective material/color. Equipment that is painted shall be maintained. (3) Solar energy collectors constructed on roofs shall have a setback that complies with the County's currently adopted international fire code. Distance from peak as per nternational Fire Code (]FC) (b) Flat Roof Mounted Solar Energy Collectors: (1) A roof is considered to be a flat roof for solar purposes if it is less than or equal to a two -twelve (2112) slope. (2) Measuring to the top of the panel, solar energy collectors constructed on flat roofs may be raised up to four (4) feet above the surface of the roof, but may not exceed the maximum height with encroachments pursuant to section 5-20-60. Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 Page 92 Chapter 4 — Permitted Uses Parapet Height of panels shall not exceed 4' Roof Surface 4 as measured from surface of roof -h h may not exceed maximum height with encroachments pursuant to 5-20-60 (c) Pitched Roof Solar Energy Collectors: (1) A roof is considered to be a pitched roof for solar purposes if it is more than a two -twelve (2/12) slope. (2) Solar energy collectors on pitched roofs shall not protrude above the ridge of the roof. (3) Measuring to the top of the panel, solar energy collectors on pitched roofs may be raised up to three (3) feet above the surface of the roof, but may not exceed maximum height with encroachments pursuant to section 5-20-60. May not exceed 3 (three) feet above the roof surface _ Solar Panels cannot extend above the ridge of roof - -- - - -- - ---- - - - - -- - m a`> x m ai W c o _O (3) Ground Mounted Solar Energy Collectors: (a) The standards of this section apply to all ground based solar systems less than one-quarter (114) acre of land ins used (with total land used calculated by accounti112 for total land area needed to develop the ound-mounted system, including but not limited to storage sheds, access, uadinp-, fencing, reveeetation, morintinLy eauiDment. panels, etc.). A ground -mounted lased system that is one-quarter Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 Page 93 Chapter 4 —Permitted Uses (114) acre of land used or larger shall comply with the Solar Farre standards listed below, section 4 30 60(d). 4-30-60(e). (b) Ground mounted systems on less than, or equal to, one-tenth (1110) acre of land used (with total land used calculated by accounting for total land area needed to develop the ground-mountedsystem, including but not limited to, storage sheds, access,rg ading, fencing, revegetation, mounting equipment, panels, etc.). shall be subject to administrative review pursuant to section 2-30-20 and applicable provisions in Section 7-20. (c) Systems on more than one-tenth (1110) acre of land used with total land used calculated by accounting for total land area needed to develop the ground -mounted system, including but not limited to, storage sheds, access,rg ading, fencing revegetation, mounting equipment, panels, etc.) will be subject to review by the heating offleer administrative review with mailed and posted notice pursuant to section 2 30 30 2-30-20 and applicable provisions in Section 7- 20. Systems ao mor -e thfffl eiie seventh (1/7) acre of land itsed will e v o and Zviii."ig Pitkin County Land Use Code CHAPTER 4 - PFRMITTED USES Jury 2006 Page 94 Chapter 4 - Permitted Uses Access Path to Ground Mounted Solar = 2,738 sq ft Storage Shed = 205 sq ft, Included in the Fenced Area Calculation below Fenced Area = 7,385 sq ft, The fenced area is the perimeter around the V- - Ground -Mounted Solar System and Storage Shed (The fenced area includes the land directly under = the Ground -Mounted Solar array of 4,230 sq ft) ._ t Total Land Used =Access Path + Fenced Area (includes all Area Inside the Fence: Storage Shed + t Ground -Mounted Solar+Access Paths Inside the Perimeter of the Fence) The Total Land Used for this Ground -Mounted Solar Energy Collecting System is = 2,738 + 7,385 = 10,123 sq ft or 0.232 acres This project shall be subject to administrative review pursuant to section 2-30-20 and applicable provisions in Section 7-20 = Ground -Mounted Solar Energy Collecting System (d) Ground mounted solar energy collectors and other ancillary development (racking assembly, balancing system, utility boxes, etc.) shall have a "matte" finish or be of a non -reflective material/color. Equipment that is painted shall be maintained. (e) The height of ground mounted solar collectors shall be the minimum necessary to generate usable energy at maximum tilt, but shall not exceed a maximum height at maximum tilt of fifteen (15) feet in height as measured from natural grade or finished grade, whichever is more restrictive. Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 Page 95 Chapter 4 — Permitted Uses 15' from existing or proposed grade, whichever is more restrictive r Proposed Grade Existing Grade (f) Ground Mounted solar energy collectors shall be located within an approved activity envelope pursuant to Section 2-30-20(8)(20), unless exempted pursuant to section 7-10-30 of the Code. (g) The minimum efficiency of the solar system used shall be the residential National Renewable Energy Laboratory (NREL) Solar Photovoltaic System Cost Benchmark Report model assumptions for panel efficiency from the benchmark report issued in the year of installation of the solar energy collectors or from the most recent benchmark report released. (h) If the system falls into a state of disrepair, or is inoperable for a period in excess of one -hundred and eighty-five (185) days, then the Community Development Department may require replacement or upgrading of the system, or the removal and disposal of the system, and re -grading and revegetation of the area to its condition before development (e) Solar Farm (1) Any ground -mounted solar energy collecting system ming -using a quarter (1/4) acre of land or more shall be considered a Solar Farm and be subject to special review pursuant to section 2-40-20 (with total land used calculated by accounting for total land area needed to develop theground- mounted system, including but not limited to storage sheds access grading, fencing, reve etation mounting equipment, panels etc.). Pitkin County Land Use Code CHAPTER 4 -- PERMITTED USES July 2006 Page 96 Chapter 4 - Permitted Uses (2) Siting of Solar Farms shall be in conformance with Chapter 7 and the Activity Envelope/Site Plan Review submission. (3) Site plans shall include locations of all panels and accessory development associated with the Solar Farm such as utility trenching, access roads, service plans, and structures. (4) Solar Farms shall be installed with the approval of and in partnership with the District Utility Provider for the Solar Farm's Location. (5) Solar Farms shall provide energy storage for produced energy or utility system loads at fifty (50) percent or more of daily average production in filo-Watts (M). (6) Upon application for a Solar Farm, the Applicant shall submit a construction management plan and a decommissioning plan. (7) A Solar Farm's application shall include a covenant for the maintenance, renovation and removal of the farm. (S) The height of ground mounted solar collectors shall be the minimum necessary to generate usable energy at maximum tilt, but shall not exceed a maximum height at maximum tilt of fifteen (15) feet in height as measured from natural grade or finished grade, whichever is more restrictive, except to accommodate site specific needs if approved through special review. (9) Ground mounted solar energy collectors and other ancillary development (racking assembly, balancing system, utility boxes, etc.) shall have a "matte" finish or be of a non -reflective material/color. Equipment that is painted shall be maintained. (10) Accessory buildings for energy storage associated with the solar farm shall be limited to one thousand (1,000) square feet in aggregate, exempt from floor area. (11) The Applicant shall submit an annual report that includes information about the preceding year of operations of the project, power output, comments received, or any other information pertinent to the operation of the solar farm. This annual report shall be submitted to the Community Development Director for review. Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 Page 97 Chapter 4 — Permitted Uses (12) On site power lines associated with the solar farm shall, to the maximum extent practical, be placed underground. (f) Solar Facility: (1) Any solar system producing two (2) Mega -Watts of energy or more shall be considered a public utility and be subject to all utility standards pursuant to sections 4-30-30(f) and 7-50,, as well as all standards and regulations of the State of Colorado's Public Utilities Commission. (2) Solar Facilities shall comply with sections 12-30-140, 12-30-170, 12-40- 90, and 12-40-120. (3) Siting of Solar Facilities shall be in conformance with Chapter 7 and the Activity Envelope/Site Plan Review submission. (4) Site plans shall include locations of all panels and accessory development associated with the solar farm such as utility trenching, access roads, service plans, and structures. (5) Solar Facilities shall be planned and built with the approval of and in partnership with the local Utility Provider. (6) Solar Facilities shall provide energy storage for produced energy or utility system loads at fifty (50) percent or more of daily average production in kilo -Watts - (7) Upon application for a Solar Facility, the Applicant shall submit a construction management plan and a decommissioning plan. (8) Solar Facility applications shall include a covenant for the maintenance, renovation and removal of the facility. (9) Ground mounted solar energy collectors heights shall be the minimum necessary to generate usable energy at maximum tilt, but shall not exceed a maximum height at maximum tilt of fifteen (15) feet in height as measured from natural grade or finished grade, whichever is more restrictive, except to accommodate site specific needs as approved through review. (10) Ground mounted solar energy collectors and other ancillary development (racking assembly, balancing system, utility boxes, etc.) shall Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 Page 98 Chapter 4 -- .Permitted Uses have a "matte" finish or be of a non -reflective material/color, Equipment that is painted shall be maintained. (11) Accessory buildings associated with the Solar Facility shall eeeffty count as floor area as permitted by the zone district in which the property is located. (12) The Applicant shall submit an annual report that includes information about the preceding year of operations of the project, power output, comments received, or any other information pertinent to the operation of the Solar Facility. This annual report shall be submitted to the Community Development Director for review. (13) On site power lines associated with the Solar Facility shall, to the maximum extent practical, be placed underground. (g) Wind Powered Energy Generators: (1) Where feasible, vertical turbines shall be used in lieu of horizontal turbines. (2) Wind energy generation systems shall not occupy land in excess of one- tenth (1110) of an acre of contiguous land. (3) A wind powered energy generator shall be used primarily for private purposes, and not primarily for the generation of electricity to be used off- site. The maximum height of a wind powered electric turbine shall not exceed one and a half (1.5) times that of the principal building height allowed in the property's zone district, measured from the ground to the tip of the blade in its tallest position, and the minimum height of the turbine blade above ground level shall not be less than twenty (20) feet for horizontal turbines, and ten (10) feet for vertical turbines. z , 22 t =� I - Minimum height above the ground a (at tm shed grade,) for horizar>ial Y r turbines is twerrty (20) feet \ + 3 Minimum height above the finished-..) +f o ground (at nished rade.) for J 3 0 4 vertical turbines is teng(1 0) feet o a F fig, 1 Horizontal fig. 2 Vertical Wind Turbine Wrnd Turbine Pitlon County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 Page 99 Chapter 4 — Permitted Uses (4) No part of any wind powered electric generator, including guy wire anchors, may extend closer to any property boundary than the height of the tower. (5) Except during severe wind storms, wind powered electric generators shall not cause a sound level exceeding fifty (50) dba, as measured at the closest neighboring inhabited dwelling. (6) All wind systems shall be equipped with a manual and automatic override brake to keep blade rotation within system design parameters during adverse weather or wind in excess of design. (7) Base screening shall be installed using vegetation to mitigate the visual impact so long as it does not hinder system performance. (8) All wind powered electric generators shall meet all applicable requirements of the Land Use Code, applicable adopted building codes, the National Electric Code, and regulations of the Federal Aviation Administration. (9) If wind energy generators have remained inactive for one -hundred and eighty-five (185) days or more, then the Community Development Department may revoke approval of the system and require the system to be removed and disposed of, and the location of the system to be re -graded and re -vegetated to its conditions before development. (h) Micro Hydroelectric Energy System: (1) Wheel turbines, generators, and other mechanical equipment shall be enclosed in a wheelhouse/pumphouse structure. Only one structure is permitted, and the structure shall be detached from other structures and sized only to house necessary mechanical equipment for the hydroelectric system. (2) Maximum size for this structure shall be 150 square feet, eight (8) feet in height, and used solely for hydro electricity generation. (3) The maximum size of a system shall be 500 kW. (4) The system shall be designed to blend in with its natural surroundings and be of earth tone colors. All system components, including the structure Pitldn County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 Page 100 Chapter 4 — Permitted Uses and pipes shall not create visual or auditory impacts, or create impediments or other unnatural hazards upon wildlife. (S) A System placed in a fish bearing stream must include structures to prevent fish from entering the system. (6) A System shall be designed to reduce the length of the reach of the diversion to the maximum extent feasible in an effort to avoid de -watering a stream. (7) The system must be in compliance with Federal Energy Regulation Commission 4.30(29) and other applicable standards, including U.S. Army Corps of Engineers and State Division of Water Resources, and shall demonstrate appropriate water rights. (8) Dams are not allowed for micro hydroelectric systems. Partial diversion structures. such as weirs or head gates are allowed with proper permitting. Diversions from the river/stream shall be designed so that minimum stream flows are not threatened in the reach between the intake and the return of the hydroelectric system. (9) If a system is not in continuous use for more than one (1) calendar year for reasons other than low stream flows, disruption to stream habitat, or drought, the structures associated with a hydroelectric system may be required to be removed. Prior to issuance of a permit for the micro hydroelectric system, the applicant shall grant Pitkin County a non - revocable license to enter the property for decommissioning the system. A covenant shall also be recorded that acknowledges that the property owner shall bear the cost of decommissioning the facility. This cost will include rehabilitation of the site. 4-30-60 (10) A system proposed within the riparian and wetland setbacks specified in Sec. 7-20-80(a)(2) shall also comply with Section 7-20-80(c). (11) Micro hydroelectric generation systems that divert water from an irrigation ditch, rather than from a creek or stream, and do not disrupt riparian and wetland habitat or encroach into a riparian and wetland setback shall be reviewed by the Community Development Director through Site Plan review. Section 7-10-30: Exempt Development Activities could apply if the system is not located within a constrained area as defined by Chapter 7. In all cases the proposal must contain proof of adequate water rights. Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 Page 101 Chapter 4 — Permitted Uses (12) The County shall review the impacts of a micro hydroelectric system on the natural environment with consideration given to the intensity and amount of electricity generated by the system. (13) Appropriate water rights and an augmentation plan shall be submitted for review and approval if the micro hydroelectric system proposes construction of ponds and/or storage reservoirs. (Code repealed and reenacted (all sections) Ord 014-D, 2006, 07-05-08; § 4-30-60 added [This page intentionally Ieft blank] Pitkin County Land Use Code CHAPTER 4 - PERMITTED USES July 2006 Page 102 Chapter 7- Development Standards EXHIBIT F CHAPTER 7: DEVELOPMENT STANDARDS 7-10-30: EXEMPT DEVELOPMENT ACTIVITIES The following activities are exempt from Site Plan and Activity Envelope review if the activities are in compliance with the standards in Secs. 7-10-40 through 7-20-90 and are exempt from Scenic View Protection Review pursuant to Sec. 7-20-120 (c). (a) The Community Development Director may exempt agricultural buildings of less than 4,060 square feet (except for a barn of more than 20' and up to 25' to the midpoint of the roof on a lot/parcel of 10 to <20 acres) or greenhouses of less than 3,000 square feet from review, if the owner demonstrates that (1) there is no construction in a Constrained Area; and (2) the agricultural building is sited consistent with Sec. 7-20-120(e), Rural Character Guidelines for Building Locations; and (3) the agricultural building is not visible from the rights-of-way designated in Sec. 7-20-120(b), or has limited visual impact and the exterior and roof comply with Secs. 7-20-120(d)(11) and (12); and (4) the agricultural building maintains yard setbacks of at least one and a half times the required yard setbacks specified in Sec. 5-10 (b) The Community Development Director may exempt remodeling, expansion or reconstruction of any existing legally created structure provided there is no expansion or construction of a structure into a Constrained Area. For the purposes of this exemption only, areas categorized as low wildfire hazard shall not be considered constrained areas. (c) The Community Development Director may exempt construction of an accessory structure, provided there is no construction in a Constrained Area. (d) The Community Development Director may exempt temporary disturbance of land for development including but not Limited to, drilling a well percolation testing, test pits and installation of utilities, and temporary access to accomplish these activities, provided there is no development in a Constrained Area. (e) Clearing, grading or grubbing of less than two hundred (200) square feet in the area or earthmoving of less than fifty (50) cubic yards. (f) The Community Development Director may exempt installation of landscaping that does not include removal of native vegetation, is not within Constrained Areas, and is limited in area and scope such that the rural character of the County is not compromised as per Sec. 7-20-130. (g) For the purpose of sub -sections (a) through (g) above, areas categorized as low wildfire hazard shall not be considered constrained areas. Pitkin County Land Use Code CHAPTER 7 — DEVELOPMENT STANDARDS July 2006 Page I Chapter 7- Development Standards (h) Development activity not exceeding twenty thousand (20,000) dollars in construction costs, that avoids or adequately mitigates Constrained Areas. (i) For the purposes of this exemption only, areas categorized as low wildfire hazard shall not be considered constrained areas. (j) The Community Development Director or the Assistant Community Development Director may exempt renewable energy generation and collection, and/or renewable energy storage from Activity Envelope requirements, provided there is no development in a constrained area and the development is not a utili scale development. (Code repealed and reenacted Ord No. 14-D, 2006 - § 7-10-30 amended (part) Ord. 28-07, 11-14-07; Ord 011-11, 08-10-11; Ord. 032-14 10-09-14 EXHIBIT G 7-10-50: SITE PLAN AND ACTIVITY ENVELOPE (a) The intent of this Chapter 7 is to allow activities and development to take place where they comply with the provisions of this Land Use Code and with the Pitkin County Comprehensive Plan for the area. Compliance will generally involve avoidance of "Constrained Areas" through the identification of an "Activity Envelope," as well as approval of a Site Plan_ For purposes of Chapter 7, "Constrained Areas" include all areas included in each of the following categories, as defined and regulated by this Land Use Code: (i) Areas of Statewide Interest listed in C.R.S. 24-65.1-101 et. seq.), (ii) steep and potentially unstable slopes, (iii) water courses, drainage channels, and areas subject to erosion, (iv) floodplain hazard areas, (v) geological hazard areas, (vi) severe or low to moderate wildfire hazard areas, (vii) wildlife habitat areas, (viii) river and stream corridors and wetlands (ix) irrigated lands for food or crop production, (x) historic preservation areas, and (xi) archeological resource areas. (b) The Site Plan process incorporates an "Activity Envelope" approach in which the County staff works with the applicant to determine which portions of the site (if any) would permit the proposed activity or development to be conducted in compliance with this Land Use Code and in conformity with the Comprehensive Plan for the area. In general, this process will involve both a determination of (i) which portions of the site are not available for development because of the existence of Constrained Areas, and (ii) of the remaining portions of the site, which areas would accommodate the activity or development so as to minimize impacts on surrounding properties, maximize compliance with the requirements of the development standards in this Chapter 7, and maximize compliance with the Comprehensive Plan goals and objectives. (c) In general, the defined Activity Envelope for development of primary uses shall be large enough to accommodate the proposed principal use of the property and traditional permitted accessory structures, infrastructure (roads and septic systems), and uses, but Pitkin County Lund Use Code CHAPTER 7 — DEVELOPMENT STANDARDS July 2006 Page 2 Chapter 7- Development Standards should not be significantly larger than the area needed for such structures. In the case of a site with few Constrained Areas, the defined Activity Envelope may include more than one potential building site for a new single family home. The defined Activity Envelope may include non-contiguous areas (including separate areas for septic fields, landscaping, driveways to public roads, mitigation measures required in connection with any provision of this Chapter 7, and/or areas to be disturbed only during construction on the property — including staging areas and materials storage areas). Construction of trails will not require an Activity Envelope analysis except as required by Sec. 7-20-50. (d) Clearing, grading or grubbing of two hundred (204) square feet or more in area, earthmoving of fifty (50) cubic yards or greater, or changes in the natural drainage of the site shall occur only after an Activity Envelope has been defined and all applicable local, state and federal permits have been obtained. In addition, Site Plan Approval is required if these activities will occur on a property within a Scenic View Protection Area and the development is not exempt pursuant to Sec. 7-20-120 (c). (e) Activity Envelope and Site Plan Review for a Stream Restoration Project shall adhere to all development standards in 7-20-40 and 7-20-80 and shall be reviewed by the BOCC as set forth in Table 2-1. (f) Once an Activity Envelope has been defined, the natural grade, topography, vegetation and drainage of areas outside the defined areas shall not be disturbed except as specifically permitted in this Land Use Code. Prior to any development activity on the parcel, the boundaries of the Activity Envelope shall be identified with construction fencing, and such fencing shall remain in place until development has been completed. (g) While it is preferable to obtain approval of an Activity Envelope as part of the Site Plan approval process, applicants who are not prepared to submit a Site Plan for a specific structure may request approval of an Activity Envelope separately. Prior to the issuance of a Development Permit, the applicant shall be required to apply for and obtain approval of a Site Plan confirming that the proposed development is consistent with the defined Activity Envelope and with other standards in this Land Use Code not considered at the time the Activity Envelope was defined. (h) The standards in this Chapter 7 shall be used (i) to identify the Activity Envelope on a property, (ii) to review and approve the Site Plan for proposed development, and (iii) to regulate development within the Activity Envelope pursuant to the Site Plan_ Development Standards in this Chapter 7 which are to be reviewed as part of Activity Envelope and Site Pian review are set forth in Table 7-1 below. (Code repealed and reenacted Ord. No. 14-D, 2006 - § 710-50 amended (part) Ord. 24-08, Pitkin County Land Use Code CHAPTER 7 — DEVELOPMENT STANDARDS July 2006 Page 3 Chapter 7- Development Standards EXHTBIT H 7-20-I60. STANDARD FOR SOLAR ROOF READINESS AND GUIDELINES FOR SITE ORIENTATION FOR SOLAR ACCESS A. Intent: These provisions are intended to enhance the passive solar gain potential of new buildim4s and provide for the future installation of roof -mounted solar energy collectors at the site design stage of development. B. Solar Roof -Readiness Standard 1. All newly constructed residences shall have a minimum of thirty-five {35) ercent of total roof space constructed for solar gain and be wired pursuant to the Pitkin C2pty Building Code for the constriction of solar ener collectors. PitIdn County Land Use Code CHAPTER 7 — DEVELOPMENT STANDARDS July 2006 Page 4 prior approval of Activity Envelope if done prior to full Site Plan review Site Preparation and Grading X X Steep and Potentially Unstable Slopes X X Water Courses and Drainage Channels; Areas Suject to Erosion X X Floodplain Hazards X X Geologic Hazards X X Wildfire Hazards X X Wildlife Habitat Areas X X River and Stream Corridors and Wetlands X X Irrigated Lands for Food or Crop Production X X Historic Preservation X X Archeological Resources X X Scenic View Protection X Landscaping and Vegetation Protection X Lighting X Solar Access X Roads, Driveways, and Parking X Trails X Public Services and Utilities X Water Supply and Distribution Systems X Sewage Treatment and Collection X Signs X Standards For Solar Roof Readiness & X Guidelines for Site Orientation For Solar Access EXHTBIT H 7-20-I60. STANDARD FOR SOLAR ROOF READINESS AND GUIDELINES FOR SITE ORIENTATION FOR SOLAR ACCESS A. Intent: These provisions are intended to enhance the passive solar gain potential of new buildim4s and provide for the future installation of roof -mounted solar energy collectors at the site design stage of development. B. Solar Roof -Readiness Standard 1. All newly constructed residences shall have a minimum of thirty-five {35) ercent of total roof space constructed for solar gain and be wired pursuant to the Pitkin C2pty Building Code for the constriction of solar ener collectors. PitIdn County Land Use Code CHAPTER 7 — DEVELOPMENT STANDARDS July 2006 Page 4 Chapter 7- Development Siandards C. Driveway Orientation Guidelines: Driveways, auto -courts and Parkhm areas should exhibit some or all of the following characteristics: 1. Location on the south -facie side of buildings and/orparcels; 2. Ei h 80 ercent of the drivewa is oriented within thin '30 degrees of the. north -south axis; 3. No new ve getatioin should be installed within ten (10) feet of the driveway, auto -court or parking area unless said vegetation has an average mature height of less than five (5) feet. 4. New non -deciduous vegetation which isinstalled within twent -five 25 feet of the drivewa auto -court or parking area and has an average mature height of over five 5 feet should have a minimum spacing of fifteen (IS) feet between the bases of tree trunks. D. Building Orientation Guidelines: New buildings should exhibit some or all of the following characteristics: I . Orientation of the lamest building wall of the buildipg, as measured b surface area, should be south -facing and within thirty_(30) degrees of the east -west axis. 2. Orientation of the long axis of the building should be within thirty 30 degrees of the true east -west axis. Pitkin County Land Use Code CHAPTER 7 —DEVELOPMENT STANDARDS July 2006 Page 5