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HomeMy WebLinkAboutbocc.ord.019.2026AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ADOPTING THE FOLLOWING LAND USE CODE TEXT AMENDMENTS TO THE 2006 PITKIN COUNTY LAND USE CODE, TITLE 8 OF THE PITKIN COUNTY CODE, SPECIFICALLY TO REPEAL AND REENACT SECTION 7-20-60 FOR WILDFIRE HAZARDS, AMEND TEXT RELATED TO WILDFIRE HAZARDS IN CHAPTER 6, CHAPTER 7, CHAPTER 9 AND CHAPTER 11, AND ADOPTING A WILDFIRE HAZARD MAP Ordinance No. 019-2026 RECITALS 1.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. 2.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. 3.In response to the state mandated adoption of the Colorado Wildfire Resiliency Code (“CWRC”), the Community Development Director (“Applicant”) has proposed: a.The following Land Use Code (“Code”) text amendments: i.Repeal and reenact Section 7-20-60 for Wildfire Hazards; and ii.Amend text in Chapter 6 Growth Management Quota System and Transferable Development Rights; and iii.Amend text in Chapter 7 Development Standards, in sections other than Section 7-20-60; and iv.Amend text in Chapter 9 Non-Conformities; and v.Amend text in Chapter 11 Definitions. b.The adoption of a Wildfire Hazard Map. 4.The Planning and Zoning Commission considered the proposed code amendments at a regularly scheduled meeting on January 20, 2026, and recommended approval by a vote of 4-0, pursuant to Resolution No. PZ-001-2026. 5.The BOCC considered and approved the Ordinance on first reading at a duly noticed public hearing on February 25, 2026. The BOCC approved the Ordinance on second reading at a continued public hearing on March 25, 2026. 6.The BOCC finds that the proposed text amendments are consistent with Sections 2-30-40(i) and 2-40-10(c) of the Land Use Code (“Code”), the Land Use Policies in the Code, and the adopted Comprehensive Plan, as follows: a.The Code text amendments comply with Section 2-40-10(c)(1)(a). Wildfire hazards are not mentioned in the 2003 Comprehensive Plan. Regulating the hazard is aligned with the values in the Comprehensive Plan. The Code text amendments are formatted consistent with the existing style of the Code. The Code text amendments repeal and reenact Section 7-20-60 and modify other isolated text in Chapters 6, 7, 9, and 11. b.The Code text amendments comply with Section 2-30-40(i)(1). The Code text amendments comply with the Land Use Policies in Chapter 1, specifically Section 1-60-190 for Natural and Man-Made Hazard and Resource Areas and Section 1-60-310 for Adequate Provision for Water Needs. i.Wildfire Hazards are acknowledged to be largely unavoidable and, therefore, mitigation strategies in the Code are the most effective at minimizing potential harm to life, safety, health, and property. ii.Water supply for fire protection is currently regulated by the Code and will continue to be a component of Development Standards with the Code text amendment. 7.The BOCC further finds the State of Colorado Wildland-Urban Interface Fire Intensity Classification Map (“Wildfire Hazard Map”) depicts Fire Intensity Classifications to determine the applicable standards in the Land Use Code and Building Codes. The Fire Intensity Classifications include the following: Low Fire Intensity, Moderate Fire Intensity, and High Fire Intensity. The map is maintained by the Division of Fire Prevention and Control and the Colorado State Forest Service at the direction of the Colorado Wildfire Resiliency Board, and may be amended from time to time. 8.The BOCC further finds that adoption of this Ordinance is in the best interest 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 following text amendments to the 2006 Pitkin County Land Use Code, Title 8 of the Pitkin County Code: ●Repeal and reenact Section 7-20-60 for Wildfire Hazards (Exhibit A); and ●Amend text in Chapter 6 Growth Management Quota System and Transferable Development Rights (Exhibit B); and ●Amend text in Chapter 7 Development Standards, in sections other than Section 7-20-60 (also in Exhibit A); and ●Amend text in Chapter 9 Non-Conformities (Exhibit C); and ●Amend text in Chapter 11 Definitions (Exhibit D). BE IT FURTHER ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts the Wildfire Hazard Map referenced therein (Exhibit E and available online https://dfpc.colorado.gov/code-adoption-implementation-resources, as may be amended from time to time) to the 2006 Pitkin County Land Use Code, Title 8 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. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN DAILY NEWS ON THE 5TH DAY OF FEBRUARY, 2026. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE 11TH DAY OF FEBRUARY, 2026. INTRODUCED ON FIRST READING AT A PUBLIC HEARING ON THE 25TH DAY OF FEBRUARY, 2026. ADOPTED AFTER SECOND READING AND CONTINUED PUBLIC HEARING ON THE 25TH DAY OF MARCH, 2026. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) AFTER ADOPTION, ON THE 2ND DAY OF APRIL, 2026. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN DAILY NEWS ON THE 2ND DAY OF APRIL, 2026. EFFECTIVE 30 DAYS AFTER PUBLICATION, ON THE 2ND DAY OF MAY, 2026. ATTEST: _______________________________________ Sam Engen Deputy County Clerk BOARD OF COUNTY COMMISSIONERS: _______________________________________ Jeffrey H. Woodruff, Chair Date: ____________ APPROVED AS TO FORM: _______________________________________ Richard Y. Neiley III County Attorney APPROVED AS TO CONTENT: _______________________________________ Suzanne Wolff Community Development Director Exhibits: A.Chapter 6 Land Use Code Text Amendments, redlined B. Chapter 7 Land Use Code Text Amendments, redlined C. Chapter 9 Land Use Code Text Amendments, redlined D. Chapter 11 Land Use Code Text Amendments, redlined E. Wildfire Hazard Map Mar-27-2026 Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 1 6-50-20: STANDARDS FOR SCORING APPLICATIONS FOR RESIDENTIAL ALLOTMENTS The Planning and Zoning Commission shall consider each application with respect to the standards described below, and shall assign points according to the following schedules: (a) Impacts on Public and Private Facilities (1) Considering whether an applicant has provided a commitment to install those public and private facilities that are necessary to serve the development and also to install facilities that may be of benefit to the surrounding neighborhood. Points shall be awarded according to the following schedule: (a) Zero (0) means the proposed facilities do not comply with the County's adopted standards or do not meet the needs of the project. (b) One (1) means the proposed facilities comply with the County's adopted standards and provide for the needs of the project, but do not improve services to the surrounding neighborhood. (c) Two (2) means the proposed facilities comply with the County's adopted standards, provide for the needs of the project, and help to solve a problem or resolve a constraint with existing facilities, or otherwise are of benefit to the surrounding neighborhood. Any such improvements proposed must also be consistent with adopted County plans addressing such facilities and must be determined to be necessary and appropriate by the referral agency charged with utilizing the facility or providing the related service. (2) The categories in which points shall be awarded are as follows: (a) Fire Protection (1) Capability of the appropriate fire protection district to provide fire protection according to its established response standards, including whether appropriate access has been provided to the development site, with necessary vehicle turnouts and turn-around pads; (2) Adequacy of available water pressure and capacity for providing fire-fighting flows; and Exhibit A Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 2 (3) Commitment of an applicant to provide or pay for fire protection facilities that may be necessitated by the project or that may improve fire protection capabilities in the neighborhood, including but not limited to fire hydrants, water storage tanks or ponds, and fire fighting vehicles or equipment. (b) Road System (1) Capability of the public road network to provide for the needs of the proposed development within acceptable levels of safety, as defined in the Pitkin County Asset Management Plan; and (2) Applicant's commitment to provide or pay for necessary road system improvements attributable to the proposed development or to improve road capacity or safety in the neighborhood. (c) Transit and Trail Systems (1) Whether the proposed development site is located in proximity to existing transit routes and trail systems and whether appropriate on-site connections are made to these routes and trails; (2) Capability of the transit system to accommodate the proposed development without the need for additional equipment or route shifts; (3) Commitment of the applicant to finance or provide capital improvements (such as a bus, bus shelter, or trail connection) that enhance the ability of the transit or trail system to serve the proposed development, or to provide an easement for a trail that has been identified in the Pitkin County Comprehensive Plan; and/or an easement for a trail that has generally been identified as a public access need. (b) Effect on the Environment (1) Considering the environmental impacts of the proposed development and whether the applicant commits to actions that will have a positive effect on the natural environment in Pitkin County, thereby achieving an overall benefit for the community. Points shall be awarded according to the following schedule: Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 3 (a) Zero (0) means the proposed development does not comply with the applicable adopted County environmental standards. (b) One (1) means the proposed development complies with (but does not exceed) the applicable adopted County environmental standards. (c) Two (2) means the proposed development exceeds the applicable adopted County environmental standards, or the proposed development complies with the applicable adopted County environmental standards and helps to solve an existing environmental problem. To receive a score of 2 in any category, an applicant shall exceed an adopted standard or solve an existing problem as expressed in at least one of the standards in that category, but need not do so in all of the standards of that category. (2) The categories in which points shall be awarded are as follows: (a) Water Resources Considering the overall impacts of the development on local and regional water resources, including: (1) The extent to which the proposed development of the property will comply with or will exceed (by more than fifty (50) percent) the minimum stream setbacks and riparian and wetland buffers established in Table 5-1 and Sec. 7-20-80 of this Land Use Code. (2) Whether an applicant commits to the dedication of water rights to an appropriate public agency or other actions that will contribute to the protection of minimum stream flows and address a documented need in Pitkin County. (3) Whether an applicant commits to retain irrigation water rights with agricultural or open space lands that are part of the development. (4) Whether an applicant commits to the implementation of techniques that will improve the efficiency of existing irrigation systems and commits to dedicate the remaining water to minimum instream flows, or increases the amount of agricultural land or protected open space that is able to be irrigated within the development. Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 4 (5) Whether an applicant proposes a water augmentation plan that will replace water that is to be used by the development with augmentation water that re-enters the stream either (i) upstream of the development, or (ii) at the same point of diversion employed by the development (that is, bringing "wet water" to the County), or (iii) downstream of the development, but still upstream of the in-stream depletion areas in Pitkin County. (b) Wildlife Habitat Protection Considering the extent to which the proposed development will contribute to the protection of wildlife habitat in Pitkin County by exceeding the standards of Sec. 7-20-70. The County has identified the following activity that qualifies as exceeding the adopted standards: (1) An applicant could commit to a program that would enhance or would restore native wildlife habitat that has been degraded by human or animal activity (for example, by creating or restoring wetlands and/or riparian habitat). On-site enhancement is preferred, but where there are no significant opportunities for on-site enhancement or restoration, a commitment to enhance or restore other sites in Pitkin County may be considered. (2) Applicants may also identify other innovative ways in which wildlife habitat can be protected in Pitkin County that would exceed the County's adopted wildlife standards. Applicants with no mapped or known wildlife habitat on their entire lot or parcel shall receive a score of two (2) in this category. (c) Achievement of Community Goals (1) Open Space Preservation (a) Considering the extent to which the proposed development will contribute to the preservation of open space in Pitkin County. Valued open space that an applicant could preserve includes: (1) Undeveloped lands that have wildlife, scenic, and other desirable resource values; Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 5 (2) Agricultural lands, including those that have been historically irrigated, used for food, grains or other feed production, and those used for dry pasture and rangeland; (3) Lands, or easements over lands, which provide access to public lands or public waters; and (4) Other undeveloped lands whose preservation would be consistent with the adopted Pitkin County Comprehensive Plan. (b) Points shall be awarded according to the following schedule: (1) Zero (0) means the proposed development does not preserve any of the valued open space within the property. (2) One (1) means the proposed development preserves some, but not all of the valued open space within the property. (3) Two (2) means the proposed development preserves all of the valued open space within the property. (4) If the entire lot or parcel does not contain any valued open space, the applicant shall receive a score of two (2). *Note: An Applicant can receive a score of zero (0) in this category and not be in violation of the Land Use Code. (2) Hazard Mitigation and Avoidance Considering the extent to which the proposal mitigates the impacts of development or avoids locating development in floodplain hazard areas, geologic hazard areas, steep slopes, and/or wildfire hazard areas, as these areas are described in Chapter 7 of this Land Use Code. Points shall be awarded according to the following schedule: (a) Zero (0) means the proposed development does not comply with the County's adopted standards for floodplain, steep slopes,, geologic, and/or wildfire hazard areas. (b) One (1) means the proposed development complies with the County's adopted mitigation standards for development in floodplain, steep slopes, geologic, and/or wildfire hazard areas, . The proposed developmentbut includes some development activities on slopes in excess of thirty (30) percent. or in areas subject to severe wildfire hazards. Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 6 (c) Two (2) means the proposed development complies with the County's adopted mitigation standards for development in floodplain, steep slopes, geologic, and/or wildfire hazard areas. The proposed development avoids and includes no development activities on slopes in excess of thirty (30) percent. or in areas subject to severe wildfire hazards. *Note: An Applicant can receive a score of zero (0) in this category and not be in violation of the Land Use Code (3) Development Below Allowable Density (Only applies to developments within the Rural Area) Considering the extent to which the development proposed is less than the allowable density in terms of numbers of dwelling units (not including caretaker dwelling units, employee dwelling units, or deed restricted affordable dwelling units) permitted in the applicable zone district. No points shall be awarded where density is reduced subject to standards in Sec. 5-10-20 of the Land Use Code (Reduction in Density for Steep Slopes.) Points shall be awarded according to the following schedule: (a) Zero (0) means the applicant proposes development at a density of seventy-six (76) percent to one hundred (100) percent of the density allowed by the underlying zone district. (b) One (1) means the applicant commits to limit development to fifty-one (51) percent) to seventy-five (75) percent of the density allowed by the underlying zone district. (c) Two (2) means the applicant commits to limit development to fifty (50) percent or less of the density allowed by the underlying zone district. An applicant shall receive a score of one (1) if there is no opportunity to reduce density on a property. Note: an Applicant can receive a score of zero (0) in this category and not be in violation of the Land Use Code. (4) Reduction of Visible Mass (Only applies to developments within the Rural Area) *Note: An applicant can receive a score of zero (0) in this category and not be in violation of the Land Use Code. Considering the extent to which the development proposed is less than the allowable floor area allowed on the property by the underlying zone district; utilizes some of its allowed floor area to develop sub-grade space; or is below the allowable height of the underlying zone district. Points Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 7 shall be awarded according to the following schedule. Applicants for a new lot or parcel in the Rural Remote Zone District shall receive the maximum score of six (6) points in this category. Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 8 TABLE 6-6: Points Schedule for Reduction of Visible Mass Final Maximum Floor Area (see note 1) Sub-Grade Floor Area (see note 2) Height (see note 3) 0 Points Final maximum floor area is limited to more than 89% of that potentially available to the property. Less than 20% of the requested floor area would be built sub- grade. Proposed structure(s) limited to less than 15% below the maximum allowable height. 1 Point Final maximum floor area is limited to no more than 89% of that potentially available to the property. At least 20% of the requested floor area will be built sub-grade. Proposed structure(s) limited to at least 15% below the maximum allowable height. 2 Points (Note 4) Final maximum floor area is limited to no more than 75% of that potentially available to the property. At least 30% of the requested floor area will be built sub-grade. Proposed structure(s) limited to at least 30% below the maximum allowable height. Notes: 1. This calculation is based on the final maximum floor area that is potentially allowed on the property by the underlying zone district, as specified in Table 5-1.D. See Sec. 5- 20-70 for rules governing measurement of floor area. 2. To qualify as sub-grade, the space must meet the requirements for exempt sub-grade space in Sec. 5-20-70(g)(1). 3. To receive points in this category, no portion of any proposed structure can measure above the stated height limit. 4. Applicants may score points in each of the three categories described in this section, up to a maximum of 6 points (2 points in each category). (d) Creative Bonus *Note: An Applicant can receive a score of zero (0) in this category and not be in violation of the Land Use Code. The Planning and Zoning Commission may award bonus points to any development application that meets the overall minimum scoring threshold to obtain an allocation, as specified in Tables 6-7 and 6-8. Bonus points may be awarded to an applicant who proposes creative approaches that are consistent with the purpose and intent of the scoring categories set forth in Secs. 6-50-20 (a), (b), and (c), and go beyond the standards established in each of the respective categories. Bonus points may also be awarded for creative approaches that have not been addressed in any of the scoring categories set forth in Secs. 6-50-20 (a), (b), and (c), but that are consistent with and help to implement the Pitkin County Comprehensive Plan. Up to five (5) bonus points may be awarded as follows: Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 9 (1) One (1) bonus point may be awarded for each creative approach an applicant proposes that is consistent with the purpose and intent of a scoring category set forth in Secs. 6-50-20 (a), (b), and (c), and goes beyond the standards established in that category. (2) One (1) bonus point may be awarded for each creative approach an applicant proposes that is consistent with and helps to implement the Pitkin County Comprehensive Plan. (3) One (1) bonus point may be awarded to any applicant who proposes to build affordable housing, rather than pay the Employee Housing Impact Fee required by Section 8-30 of this Land Use Code. To obtain the bonus point, the proposal to build the housing shall comply with the County’s adopted affordable housing policies and guidelines in terms of its location and the type of housing proposed. Chapter 6 : Growth Management Quota System (GMQS) and Transferable Development Rights (TDR’s) Pitkin County Land Use Code CHAPTER 6 – GROWTH MANAGEMENT QUOTA July 2006 SYSTEM (GMQS) AND TRANSFERABLE DEVELOPMENT RIGHTS (TDR’S) Page 10 TABLE 6-7: Residential GMQS Scoring System – Urban Growth Boundary Criteria Points Available Multiplier Potential Score (a) Impacts on Public and Private Facilities (1) Fire Protection 0-2 1 2 (2) Road System 0-2 1 2 (3) Transit/Trails 0-2 2 4 (b) Effect on the Environment (1) Water Resources 0-2 2 4 (2) Wildlife Habitat Protection 0-2 1 2 (c) Achievement of Community Goals (1) Open Space Preservation 0-2 1 2 (2) Hazard Avoidance 0-2 1 2 (d) Creative Bonus 0-5 1 5 Total Points Available (Excluding Bonus) 18 points Minimum Threshold to Obtain an Allocation (New Lots) Minimum Threshold to Obtain an Allocation (Additions) 13 points 12 points TABLE 6-8: Residential GMQS Scoring System – Rural Area Criteria Points Available Multiplier Potential Score (a) Impacts on Public and Private Facilities (1) Fire Protection 0-2 1 2 (2) Road System 0-2 1 2 (3) Transit/Trails 0-2 1 2 (b) Effect on the Environment (1) Water Resources 0-2 2 4 (2) Wildlife Habitat Protection 0-2 2 4 (c) Achievement of Community Goals (1) Open Space Preservation 0-2 2 4 (2) Hazard Avoidance 0-2 1 2 (3) Development Below Allowable Density 0-2 2 4 (4) Reduction of Visible Mass 0-6 1 6 (d) Creative Bonus 0-5 1 5 Total Points Available (Excluding Bonus) 30 points Minimum Threshold to Obtain an Allocation (New Lots) Minimum Threshold to Obtain an Allocation (Additions) 22 points 20 points Chapter 7- Development Standards Pitkin County Land Use Code CHAPTER 7 – DEVELOPMENT STANDARDS July 2006 Page 1 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 7-20-160, and are exempt from Scenic View Protection Review pursuant to Sec. 7-20-120 (c). For the purposes of (a) through (j) below, Wildfire Hazard shall not be considered a Constrained Area and compliance with Section 7-20-60 is required. (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.Reserved. Exhibit B Chapter 7- Development Standards Pitkin County Land Use Code CHAPTER 7 – DEVELOPMENT STANDARDS July 2006 Page 2 (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.Reserved. (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 utility scale development. 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 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, Chapter 7- Development Standards Pitkin County Land Use Code CHAPTER 7 – DEVELOPMENT STANDARDS July 2006 Page 3 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 (200) 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 Plan review are set forth in Table 7-1 below. (Code repealed and reenacted Ord. No. 14-D, 2006 - § 7-10-50 amended (part) Ord. 24-08, 07-23-08; Ord. 040-19, 11-20-2019; Ord. 028-2014, 07-23-2014 TABLE 7-1: Review Requirements for Activity Envelope and Site Plan Approval Development Standard Site Plan if no prior approval of Activity Envelope Activity Envelope if done prior to full Site Plan review Site Preparation and Grading X X Steep and Potentially Unstable Slopes X X Chapter 7- Development Standards Pitkin County Land Use Code CHAPTER 7 – DEVELOPMENT STANDARDS July 2006 Page 4 Water Courses and Drainage Channels; Areas Subject 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 & Guidelines for Site Orientation for Solar Access X 7-20-60: WILDFIRE HAZARDS (a) INTENT (1) To establish minimum regulations for the safeguarding of life and for property protection. Regulations are intended to mitigate the risk to life and structures from intrusion of fire from wildland fire exposures and fire exposures from adjacent structures and to mitigate structure fires from spreading to wildland fuels. (b) (b) INTERFACE FIRE INTENSITY CLASSIFICATION MAP (1) Wildland-Urban Interface Fire Intensity Classification Map (“Wildfire Hazard Map”) is maintained by the Division of Fire Prevention and Control and the Colorado State Forest Service at the direction of the Colorado Wildfire Resiliency Board, as amended from time to time. (2) Refer to County Code Title 11, 11.35 for Wildfire Resiliency Code for more information about the Wildfire Hazard Map and the Fire Intensity Classifications, including: Low Fire Intensity, Moderate Fire Intensity, and High Fire Intensity. Chapter 7- Development Standards Pitkin County Land Use Code CHAPTER 7 – DEVELOPMENT STANDARDS July 2006 Page 5 (c) ) WILDFIRE HAZARD AREA AND ACTIVITY ENVELOPE (1) The Activity Envelope shall be located to reduce the site-specific wildfire hazard, to the maximum extent practicable, by locating development back from the top of steep slopes. The Fire Code Official may provide specific requirements. (2) Wildfire defensible space mitigation may occur outside the defined Activity Envelope. (3) The process for Ground-Truthing to determine a site-specific fire intensity shall be conducted in the Activity Envelope and/or Activity Envelope and Site Plan Review process, or other planning review processes as practicable. Review the standards for Ground-Truthing in County Code Title 11, 11.35 for Wildfire Resiliency Code. (a) STRUCTURE HARDENING AND SITE AND AREA REQUIRMENTS (1) Refer to County Code Title 11, 11.35 for Wildfire Resiliency Code, Chapter 4 for Structure Hardening to review building spacing and structure hardening requirements. (2) Refer to County Code Title 11, 11.35 for Wildfire Resiliency Code, Chapter 5 for Site and Area Requirements. Compliance review shall be conducted in the Activity Envelope and/or Activity Envelope and Site Plan Review process, or other planning review processes as practicable. (a) Fuel Modification and Defensible Space shall be created in compliance with Section 7-20-80 to avoid the removal of riparian vegetation within the required riparian area/wetland buffer to the maximum extent practicable. (3) The following properties are exempt from Title 11, 11.35 for Wildfire Resiliency Code but must otherwise comply with Section 7-20-60. (a) Metes and Bounds Parcels sized 35 acres or greater with only one residential structure on it that does not share a property boundary with a residential or commercial property. See Section 7-20-60(g) for requirements for these properties. (b) Historic Preservation Assets may be exempt as described in the Historic Covenant or as approved by the Historic Preservation Officer and/or the Chief Building Official. Chapter 7- Development Standards Pitkin County Land Use Code CHAPTER 7 – DEVELOPMENT STANDARDS July 2006 Page 6 (b) WATER SUPPLY FOR FIRE SAFETY (1) When access to a public or private pressurized water system is not available or if it is necessary to augment fire protection water systems, private ponds may be used if approved by the Community Development Department and the local fire district. (2) Any fire department recommendation for individual building water supply and storage shall be accessible to fire department vehicles from the exterior of the building through a fire department approved mechanism (such as a fire hydrant). The amount of storage capacity shall be determined by the fire protection district with a minimum of one thousand (1,000) gallon storage capacity per building. (3) Fire sprinkler systems may be required by the local fire protection district, per adopted codes. (c) FUEL STORAGE AND GAS METERS. Fuel tanks shall be installed pursuant to NFPA 58 standards and the following standards: (1) Fuel tanks shall be buried underground with an approved container, or (2) Fuel tanks shall be installed as an above-ground tank pursuant to the following standards: (a) The tank shall be located along the same contour as the building being serviced by the tank, and (b) The tank shall be located a minimum distance of thirty (30) feet from buildings, and (c) Flammable vegetation shall be removed within ten (10) feet of the tank, and (d) If a fence or enclosure structure is utilized, it shall be constructed with materials approved for two (2) hour fire-restrictive construction on the exterior side of the walls. (3) Flammable vegetation shall be removed within ten (10) feet of gas meters. (d) REQUIREMENTS FOR PROPERTIES MEETING CRITERIA IN SECTION 7-20- 60(d)(3)(a). (1) Applicability: All development projects. Development projects with additional residential floor area of 500 square feet or less is exempt. Chapter 7- Development Standards Pitkin County Land Use Code CHAPTER 7 – DEVELOPMENT STANDARDS July 2006 Page 7 Owners shall comply with additional site specific and emergency response requirements from the Fire Code Official, if provided. (2)Exterior building materials shall be noncombustible material including: (a)Fire-retardant-treated wood, and/or (b)Ignition-resistant building material. (3)Roofs shall be Class A covering or Class A Assembly as defined by the currently adopted Building Code. No wood shakes or shingles. (4)Site and Area Requirements for within 0 to 5 feet of the building and/or structures affixed to buildings but excluding fencing greater than eight (8) feet from the structure. (a)Use noncombustible, hard surface materials such as rock, gravel, sand, concrete, bare earth or stone/concrete pavers. (b)Remove all plantings including shrubs, slash, combustible mulch and other woody debris. Ignition-resistant plantings with Ignitability Scores of eight (8) or greater are allowed. (c)Mature trees of no less than 10-inch diameter at 4.5 feet above ground level may be maintained. (d)Tree crowns extending to within 10 feet of any building and/or structures affixed to buildings shall be pruned to maintain a minimum clearance of 10 feet. (e)Prune tree branches to a height of 6 to 10 feet from the ground or a third of the total height of the tree, whichever is less. (5)Retaining walls. Retaining walls shall be constructed with either noncombustible or ignition-resistant materials when any of the following conditions exist: (a)The retaining wall is within eight (8) feet of a structure regulated by this code or up to the property line when the property line is less than eight (8) feet away from the structure. (b)The retaining wall is integral to the support of a building and/or structure. (c)The retaining wall is integral to the egress from a building and/or structure to a public way, easement, or private road. Chapter 7- Development Standards Pitkin County Land Use Code CHAPTER 7 – DEVELOPMENT STANDARDS July 2006 Page 8 (6) Fencing. Fencing within eight (8) feet of a building and/or structure or up to the property line when the property line is less than eight (8) feet away from the structure shall be constructed with noncombustible or ignition- resistant materials. (e) ONGOING MAINTENANCE REQUIREMENTS. Owners shall prepare and maintain their properties for wildfire with the following: (1) Clear roof, deck, and gutters of pine needles and other debris. (2) Mow grass and weeds to a height of four (4) inches or less. (3) Rake and remove all pine needles and other flammable debris from five (5) feet around the foundation of buildings and structures. (4) Treat or mow shrubs that re-sprout aggressively (such as Gambel Oak) every three to five years or more depending on growth rates. (5) Prune branches that hang over the roof and chimney. (6) Yards and fences shall be kept clear of litter, slash and flammable debris. (7) Keep firewood stacked uphill from any residential structures and keep the wood piles at least thirty (30) feet away from buildings. (8) Do not stack firewood between trees, underneath the deck or on the deck. (9) Remove flammable vegetation within ten (10) feet of wood piles. 7-20-80: RIVER AND STREAM CORRIDORS AND WETLANDS (a) Riparian and Wetland Areas and Buffers (1) Protected Features Each Site Plan shall identify each of the following features on the property. (a) “Blue line” perennial streams shown on U.S. Geological Survey maps of the area; and (b) Intermittent streams or streambeds known or apparent from field study, with the exception of man-made waterways such as ditches and water features. Chapter 7- Development Standards Pitkin County Land Use Code CHAPTER 7 – DEVELOPMENT STANDARDS July 2006 Page 9 (d) Isolated, natural wetland and riparian areas. (2) Minimum Setbacks All activity and development shall maintain a minimum setback from the protected features identified in subsection (1) above. (a) All activity and development after the 5th of July, 2006 shall maintain a riparian area/wetland buffer of at least one hundred (100) feet, measured horizontally from the ordinary high water line of each feature identified in subsections (a)(1)(a) and (b) above. This one hundred (100) foot setback may be reduced to between one hundred (100) feet and a minimum of fifty (50) feet upon demonstration by the applicant that such reduction shall not result in water quality degradation, stream bank erosion and/or a reduction in the quality of riparian or wetland habitat pursuant to standards in Section 7-20-80(4). (b) All activity and development after the 5th of July, 2006 shall maintain a buffer of a minimum of twenty-five (25) feet from isolated wetlands and/or riparian areas identified in (a)(1)(c) above. (3) Additional Setbacks (a) Site Specific Factors In addition, some or all activity and/or development may be required to maintain an additional riparian area/wetland setback of up to fifty (50) feet from each feature indentified in subsection (a)(1)(a) and (b) above -- beyond the minimum setback in subsection (2) above. The width of any required additional setback may vary across different portions of the property, and the types of activities or development prohibited within the additional setback may also vary in different portions of the additional setback. Establishment of any additional setback requirement shall be based on an analysis of the following limiting factors during review of the Site Plan or Activity Envelope for the proposed development or activity: 1. Slopes adjacent to the protected feature equal or exceed thirty (30) percent. 2. Highly erodible soils or unstable streambank conditions are present. Chapter 7- Development Standards Pitkin County Land Use Code CHAPTER 7 – DEVELOPMENT STANDARDS July 2006 Page 10 3. The proposed use of the property presents a special hazard to water quality or wetlands (e.g., storage or handling of hazardous or toxic materials). 4. The one hundred (100) year or intermediate regional flood zone exceeds the minimum fifty (50) foot setback requirement. 5. Trees, shrubs, or other natural features that provide for streambank stability, habitat enhancement for aquatic environments, and riparian area protection exist, or to maintain pre-development riparian plants. 6. Habitat for plant, animal, or other wildlife species listed as threatened or endangered by the United States Fish and Wildlife Service exists. 7. Habitat for plant, animal, or other wildlife species listed by the State of Colorado as rare, threatened, or endangered, species of special concern, or species of undetermined status exists. 8. The area is needed to prevent or minimize flood damage by preserving storm and flood water storage capacity. 9. The area is needed to protect fish spawning, breeding, nursery and feeding grounds. 10. The area is needed to preserve areas of special recreational, historical, archeological, scenic, or scientific interest. (b) Public Health and Safety In appropriate cases, a setback of greater than one hundred fifty (150) feet may be required by the Board of County Commissioners in order to protect the public health, safety and welfare. (4) Reduced Setbacks (a) Site Specific Factors – New Development Activity Where an applicant is seeking a reduction in the one hundred (100) foot riparian/wetland setback specified in subsection (a)(2)(a) above, a site specific analysis shall be submitted to prove that there is no area on the property that can be used for development outside of the one hundred (100) foot setback, without encroachment into the following area(s) prohibited from development in Section 7 of the Land Use Code: Chapter 7- Development Standards Pitkin County Land Use Code CHAPTER 7 – DEVELOPMENT STANDARDS July 2006 Page 11 1. Slope; 2. Geologic Hazard 3. Severe Wildfire; and 43. Wildlife Habitat In the event that no developable area exists outside of the 100 foot setback, the applicant shall provide an analysis demonstrating compliance with the following criteria as well as any other criteria specified by Pitkin County, as part of the Site Plan or Activity Envelope application for the proposed development or activity: 1. Slopes adjacent to the protected feature are less than thirty (30) percent. 2. Highly erodible soils or unstable stream bank conditions are not present. 3. The proposed use of the property does not present a special hazard to water quality or wetlands (e.g., storage or handling of hazardous or toxic materials). 4. The one hundred (100) year or intermediate regional flood zone does not encroach into the setback reduction requested. 5. Trees, shrubs, or other natural features that provide for stream bank stability, enhance wildlife or aquatic movement within a stream corridor, provide habitat enhancement for acquatic environments and riparian area protection do not exist. Or will be unaffected by the proposed activity or development within the setback reduction being requested. 6. Habitat for plant, animal, or other wildlife species listed as threatened or endangered by the United States Fish and Wildlife Service does not exist within the setback reduction being requested. (7) Habitat for plant, animal, or other wildlife species listed by the State of Colorado as rare, threatened, or endangered, species of special concern, or species of Chapter 7- Development Standards Pitkin County Land Use Code CHAPTER 7 – DEVELOPMENT STANDARDS July 2006 Page 12 undetermined status does not exist within the setback reduction being requested. 8. The area within the setback reduction being requested is not needed to prevent or minimize flood damage b preserving storm and flood water storage capacity. 9. The area within the setback reduction being requested is not needed to protect fish spawning, breeding, nursery and feeding grounds. 10. The area within the setback reduction being requested is not needed to preserve areas of special recreational, historical, archeological, scenic, or scientific interest. If the riparian/wetland setback is reduced under this provision and the setback area shows signs of riparian/wetland vegetation disturbance or removal, the Applicant may be required ot submit a restoration plan for review, approval, and implementation. (b) Site Specific Factors – Reclamation of Previously Developed Areas Where an applicant is seeking a reduction in the one hundred (100) foot riparian/wetland setback specified in subsection (a)(2)(a) above for purposes of reclaiming a previously-developed area (e.g., removal of concrete rubble, or removal of a paved roadway or parking lot), the application shall include an analysis demonstrating that the proposed reclamation of the site will result in; 1. A return to natural conditions that better preserves and/or enhances the protected feature and other natural attributes of the site. 2. Preservation and/or enhancement of any public viewsheds. 3. Preservation and/or enhancement of any public recreational opportunities associated with the protected feature. The applicant shall also address any other site-specific factors specified by Pitkin County during review of the Site Plan or Activity Envelope for the proposed development or activity. (c) Variations in Encroachment in Prescribed Setback Chapter 7- Development Standards Pitkin County Land Use Code CHAPTER 7 – DEVELOPMENT STANDARDS July 2006 Page 13 The width of any permitted encroachment into the one hundred (100) foot setback may vary across different portions of a property, and the types of activities or development allowed within the encroachment may also vary on different portions of a property. (b) General Standards 1. All development and activity involving disturbance of the land shall be prohibited within the setbacks established in subsection (a) above, except as permitted by subsection (c) below. 2. In the event that an application is denied because there is no portion of the site where the proposed activity can take place outside of the required buffer areas, and an appeal is later granted pursuant to Sec. 2-20-180, or relief is granted pursuant to Secs. 2-40-90 or 2-40-150, the proposed development shall be reviewed according to the mitigation standards in subsection (d) below. (c) River and Stream Corridors and Wetlands Exceptions (1) Bridges, roads, paved and gravel trails, utility crossings, existing overhead utility lines, irrigation devices, water diversion facilities, culverts, and flood control structures, may be permitted in riparian and wetland buffer areas upon a finding that there is no feasible alternative location and that any adverse impacts will be adequately mitigated as required by subsection (d) below. (2) Bank stabilization, riparian restoration work and restoration of natural, dynamic riverine functions (in accordance with the requirements of Section 7- 20-40(c)(2)) may also be permitted in riparian and wetland buffer areas upon the BOCC finding that any adverse impacts will be adequately mitigated, as required by subsection (d) below. (3) Development on lots in County approved subdivisions with designated building or development envelopes. (4) Development on lots in the Lazy Glen MHP Subdivision/PUD may develop according to setbacks identified in the PUD approval. (5) Development on lots zoned VC or VR in the Redstone Historic Townsite shall maintain a minimum twenty (20) foot setback, measured horizontally from the ordinary high water mark of each feature identified in subsections (a)(1)(a) and (b) above. (6) Expansion of legal non-conforming structure(s) in the form of added height and bulk, with no changes to existing structure footprint, subject to provisions in Section 9-50-20 (c). Chapter 7- Development Standards Pitkin County Land Use Code CHAPTER 7 – DEVELOPMENT STANDARDS July 2006 Page 14 (7) Placement and maintenance of improvements for a micro hydroelectric facility may be permitted within riparian/wetland area and associated stream and riparian/wetland setbacks, upon finding that any adverse impacts will be adequately mitigated, as required by subsection (d) below. These facilities include: (a) Intake facilities (catch basins, gate valves, sediment tanks); (b) Transmission pipelines of 12” diameter or less; (c) Exposed/anchored or shallow buried; (d) Hydro turbine generator power delivery systems housed in an outbuilding in accordance with Section 4-30-050(m); and (e) Tailraces to return water flow back to a stream. (f) In addition to requirements outlined in subsection (d) below, a site specific analysis shall be submitted for review and approval that identifies riparian, wetland, and in-channel habitat that will be disturbed as a result of construction of the facility and associated infrastructure. A mitigation plan that employs best management practices for restoring such disturbed habitat shall also be submitted for review and approval. A bond shall be collected to ensure revegetation and mitigation occurs. (8) Development on lots in the Little Elk Creek Village Subdivision shall maintain a one-hundred foot (100 ft) setback from the ordinary high water mark of Little Elk Creek except in the following circumstances : (a) An owner of a legally created residential structure, or portion thereof, that encroaches partially or completely into the fifty foot (50 ft) setback area from Little Elk Creek may redevelop, reconstruct or replace that portion of the structure which encroaches into the fifty foot (50 ft) setback area in the same footprint configuration as exists prior to the reconstruction, with no additional encroachment allowed into the fifty foot (50 ft) setback. (b) An owner of a legally created residential structure, or portion thereof, that is partially or completely within the area that is at least fifty feet (50 ft.) from Little Elk Creek, but less than one-hundred (100 ft) from Little Elk Creek may redevelop, reconstruct, or replace the structure within this area, with no additional encroachment allowed into the fifty foot (50 ft) setback, but with expansion permitted in the area that is at least fifty (50 ft) from Little Elk Creek. Chapter 7- Development Standards Pitkin County Land Use Code CHAPTER 7 – DEVELOPMENT STANDARDS July 2006 Page 15 In either of these cases, enhancement of riparian vegetation will be required through the site plan review process. The riparian vegetation enhancement required will be proportional to the extent of the riparian habitat degradation on the site. A construction management plan and drainage and erosion control plan will be required to insure there will be no deleterious effects on existing riparian vegetation. (d) Mitigation Standards Any disturbance of the buffer area must be reclaimed by regrading and revegetation in accordance with the Pitkin County Revegetation Guide or as directed by the Pitkin County riparian expert, the U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, or Colorado Division of Wildlife, and compliance with such standards shall be included as a condition of any approval. In addition, the following standards shall apply: (1) Utility corridors in buffer areas shall be located at the outside edge of the buffer. (2) Access roads for utility maintenance shall be located outside the buffer area. (3) Access for utility maintenance in buffer areas should be at specific points rather than parallel to the utility corridor. (4) Development shall incorporate specific measures designed to reduce erosion and prohibit sedimentation; no development that will increase stream sedimentation and suspension loads shall be permitted. (5) Development shall comply with Sec. 7-20-30 and those stream setbacks contained in Table 5-1. (6) Removal or disturbance of vegetation in riparian and wetland buffer areas shall be avoided to the maximum extent practicable. (7) Areas where vegetation in wetland or riparian buffer areas is disturbed or removed shall be revegetated as quickly as possible, but in no event later than one growing season following conclusion of construction activities in the area. (8) Channelization of streams is prohibited; development shall be designed to fit the channel rather than allowing changes in the channel in order to fit the development. (9) Perennial stream channels shall be bridged whenever possible; when this is not practicable, culverts shall be designed to avoid plugging and prevent washouts. (10)Development shall not result in the raising of water temperatures. Chapter 7- Development Standards Pitkin County Land Use Code CHAPTER 7 – DEVELOPMENT STANDARDS July 2006 Page 16 (11)Alterations to stream channels (including their capacity, filling and dredging) shall be prohibited unless it has been satisfactorily demonstrated, through site- specific scientific study and analysis (including an evaluation of all upstream and downstream impacts), that the proposed channel work will improve the dynamic stream channel function, the habitat for a diversity of species, and that future and historical public uses, such as stream navigation, recreation, and aesthetics are not diminished by the proposed channel improvements. All approved stream work must be permitted and notification shall be sent to adjacent communities and the State Coordinating Agency, which is the Colorado Water Conservation Board, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA. Acceptable scientific information may include, but is not limited to, information on channel hydrology, site geomorphology, streambed characteristics, macroinvertebrate populations, and fish populations. Applicant shall demonstrate and ensure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. Applicant must also demonstrate that the scientific information provided has been generated by an individual(s) or legal entity (ies) qualified to render an assessment in all pertinent subject areas. This demonstration may be provided in the form of a curriculum vitae (CV) for an individual, a company resume of project experience, personnel certifications and licenses, etc, or any other manner reasonable under the circumstances. 7-30-10: ROADS (a) Applicability The road standards in this section are applicable to all roads and driveways. All new road and driveway construction must receive a development permit from the County Engineer and Community Development Director in compliance with subsection (c) below. (b) Consistency with County Plans All roads and rights-of-way shall consider adopted County plans and needs for the extension of roads. (c) Design and Construction Standards shall comply with the following: (1) For access roads and driveways: (a) Outside the Aspen Urban Growth Boundary, roads and driveways shall be designed and constructed in compliance with the Pitkin Chapter 7- Development Standards Pitkin County Land Use Code CHAPTER 7 – DEVELOPMENT STANDARDS July 2006 Page 17 County Road Standards and Specifications and Pitkin County Asset Management Plan, or . (b) Within the Aspen Urban Growth Boundary, roads and driveways shall be designed and constructed in compliance with those standards and specifications applicable within the City of Aspen. (c) Access road and driveway standards may be increased to mitigate natural hazards based on comments provided by the Colorado State Forest Service, the Sheriff’s Department, local fire protection districts and other referral agencies utilized by the County. (d) New driveways and access roadways shall enter the roadway at a ninety (90) degree angle for the first twenty-five (25) feet of driveway. (2) For access roads: (a) Where feasible, looped routes of access/egress to a public road 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 (1) 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 (750) feet 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 shall not be permitted, except for cul-de-sacs and other turnarounds accepted by the applicable local fire district. (c) Cul-de-sac turnaround pads shall have a minimum of a thirty (30) foot drivable surface inside turning radius or a hammerhead or other T-turn area acceptable to the applicable local fire district. (d) Subdivision Access All access points to subdivisions shall be reviewed and approved through the applicable development review and approval process in Chapter 2. All access points and road designs must comply with the standards in subsection (c) above. (e) Completion of Road Improvements Chapter 7- Development Standards Pitkin County Land Use Code CHAPTER 7 – DEVELOPMENT STANDARDS July 2006 Page 18 Required County highway, road, street and private street improvements must be completed within the time limits set forth in the development approval. (f) Traffic Volumes in Excess of Existing Road Capacities Development proposals for all types of development other than single family detached dwellings that generate traffic volumes in excess of existing road capacities are prohibited unless a road improvement plan is approved by the County. Any development proposal that is expected to generate or attract vehicle trips in excess of existing road capacities may propose to upgrade the road(s) to serve the additional traffic volume. Techniques other than road improvements may also be proposed to provide for public or private transit solutions to increased traffic volumes. The County may approve any road improvement plan, Transportation Demand Management (TDM) plan, or other technique that is found to be consistent with adopted County plans and policies. The County may deny any road improvement plan or other technique that it finds to be inconsistent with adopted plans and policies, or that fails to adequately mitigate increased traffic impacts. Any road improvements required of a proposed development shall be assessed on a pro rata basis considering the traffic to be generated by the development in relation to the design and/or operational capacity of the finished road. 9-50-20: RESTORATION WITHOUT SIGNIFICANT CHANGES A non-conforming structure may be restored without significant changes subject to the compliance with the standards in this section. (a) Building Permit A building permit for reconstruction must be issued within two (2) years of the date of demolition or destruction, whichever occurs first. The Board may approve an extension to the deadline if a development application is submitted and approved according to the procedures and conditions outlined in Secs. 2-20-20 and 2-30-20. (b) Conformance with Old Building or Use The proposed building restoration must conform in terms of use, number of dwelling units, configuration and area and bulk to the building that was partly or fully demolished by the owner or that was destroyed. The restoration may include insignificant modifications to the original design if the Community Development Director finds that such modifications are necessary to allow the use or structure to meet basic life, health, and safety standards of the adopted building code. (c) Restoration, Repair, Reconstruction, Replacement, Remodel, and Additions to Legal Non-conforming Structures A legal non-conforming structure may be expanded, repaired, restored, reconstructed, replaced, or remodeled as long as the activity does not increase the non-conformity. Prohibited enlargement of the non-conformity shall include, but not be limited to: expansion of the gross floor area where the floor area for the zone district has been exceeded and expansion of the structure in to the setbacks, including an increase in the mass of the existing structure within the setbacks; expansion of the structure into any other area where the development standards or the building codes prohibit development. Expansion of the structure into the setbacks, including an increase in the mass of the existing structure within the setbacks is prohibited, except in riparian/wetland setbacks, in which height and bulk may be added to an existing residential structure with no change to the existing footprint of the structure, subject to compliance with the following criteria: (1) A site specific analysis shall be submitted to prove that there is no area on the property that can be used for expansion/development outside of he one hundred (100) foot setback, without encroachment into the following area(s) prohibited from development in Section 7 of the Land Use Code. (a) Slope; (b) Floodplain Exhibit C (c) Geologic Hazard (d) Severe WildfireReserved (e) Wildlife Habitat (2) In the event that no developable area exists outside of the 100 foot riparian/wetland setback, expansion of a structure shall be subject to compliance with the following criteria: (a) The Environmental Health/Natural Resources Department finds that the related septic system or other wastewater treatment system may be adequately accommodated without detriment to the wetland/riparian stream habitat: (b) No Transferable Development Rights (TDRs) shall be used on site for any purpose; (c) There shall not be removal of vegetation or other existing visual buffers between the proposed structure and the stream. (d) Expansion shall be limited to one additional floor directly over the existing footprint of the structure (footprint does not include appurtenant decks) (subject to all applicable Code provisions, including standard maximum height restrictions defined in Table 5- 1A, “Dimensional Requirements.”); and (e) Expansion shall be limited to above-grade space only. Addition of height and bulk shall be subject to approval of a construction management plan by the Pitkin County Planning Engineer, and any other applicable permits. (3) Notwithstanding paragraphs (1) and (2) above, any residential structure that is legally non-conforming with respect to riparian/wetland setbacks is permitted a one-time total 300 sq. ft. above grade attached expansion without requirement of a demonstration that no developable area exists outside of the 100 foot setback area. This expansion must maintain at least a 50 foot riparian/wetland setback, and there must be demonstration to the satisfaction of the Environmental Health/Natural Resources Department that the expansion can be sited without detriment to the wetland/riparian habitat. A riparian/wetland mitigation plan that outlines improvement and/or restoration of the subject property may be required to be submitted to the Community Development Director for review, approval, and implementation as part of this analysis in order to obtain this exemption. Code repealed and reenacted Ord. No. 14-d, 2006 - § 9-50-20 amended (part) Ord. 21-07, 07-24-07; Ord. 024-08, 07-23-08; Ord. 002.2013, 01-23-13) Chapter 11 Definitions Pitkin County Land Use Code CHAPTER 11 – DEFINITIONS July 2006 Page 1 CHAPTER 11: DEFINITIONS DEFENSIBLE SPACE means an area either natural or man-made, where material capable of allowing a fire to spread unchecked has been treated, cleared or modified to slow the rate and intensity of an advancing wildfire and to create an area for fire suppression operations to occur. FIRE CODE OFFICIAL means the Code Official representative from Fire District Authority having jurisdiction in the area where development is located (like a Fire Marshal, Fire Chief). FIRE INTENSITY CLASSIFICATION means the level of fire intensity identified for areas where significant fuel hazards and associated dangerous fire behavior may exist, based upon vegetative fuels, topography, weather conditions, and flame length value. FUEL BREAK means an area of land in which trees and other combustible vegetation have been or must be cleared in order to reduce the threat of wildfire. FUEL MODIFICATION means a method of modifying fuel load by reducing the amount of nonfire-resistive vegetation or altering the type of vegetation to reduce the fuel load. HELICOPTER AND FIXED WING AIRCRAFT LOADING AND UNLOADING means the loading or unloading of occupants or cargo into or off of any helicopter or other fixed wing aircraft. This Use does not apply to emergency rescue, utility installations/maintenance, communication or ski lift tower installation, operations at the Aspen/Pitkin County Airport, in response to a community emergency such as wildfire response, for construction in the RR zone district when approved by Special Review (reference Section 3-40-20(c)(2)(c)), for other Temporary Uses or Special Events as approved by Pitkin County, or when used by Federal, State or Local authorities in the course of their official duties. Nor does it apply to unmanned aerial systems or unmanned aerial vehicles. IGNITION-RESISTENT VEGETATION means vegetation that includes but is not limited to plants with Ignitability Scores of eight (8) or greater listed in the Colorado State University Extension and Colorado State Forest Service Fact Sheet 6.305 for Ignition-Resistant Landscape Plants. The Fact Sheet may be updated from time to time. TREE CROWN means the primary and secondary branches growing out from the main stem, together with twigs and foliage. The dimensions of tree crowns at maturity shall be utilized to determine compliance with codes. WILDFIRE HAZARD CLASSES means the differentiation of wildfire hazard areas into various levels of severity by considering wildfire behavior, vegetation types and slope. Wildfire Hazard Classes are described in the chart below. Exhibit D Chapter 11 Definitions Pitkin County Land Use Code CHAPTER 11 – DEFINITIONS July 2006 Page 2 WILDFIRE AREAS, LOW AND MEDIUM HAZARD means those areas which shall consist of the following: (in all cases mapping will be field verified by the Colorado State Forest Service, the Pitkin County Sheriff’s Department or a person certified by Pitkin County as an expert in wildfire hazard areas and wildfire mitigation, sometimes referred to in this Land Use Code as "wildfire experts"): A. Areas designated as "A -- Low Hazard: Trees and Grass", "B -- Medium Hazard: Trees" wildfire hazard on Pitkin County’s adopted wildfire hazard area maps. B. 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. C. 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. WILDFIRE AREAS, SEVERE HAZARD means those areas which shall consist of the following: (in all cases mapping will be field verified by the Colorado State Forest Service, the Pitkin County Sheriff’s Department or a person certified by Pitkin County as an expert in wildfire hazard areas and wildfire mitigation, sometimes referred to in this Land Use Code as "wildfire experts"): A. Areas designated as "C -- Severe Hazard: Trees" or "X -- Severe Hazard: Brush" wildfire hazard on Pitkin County’s adopted wildfire hazard area maps. B. 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. C. 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. WILDLAND-URBAN INTERFACE means that geographical area where structures and other human development meets or intermingles with wildland or vegetative fuels. WIRELESS COMMUNICATION FACILITY (WCF) Means an unstaffed facility for the transmission and reception of radio or microwave signals used for commercial communications. A WCF provides data and telecommunications services, including commercial mobile services, commercial mobile data services, unlicensed wireless services and common carrier wireless exchange access services, as defined by federal laws and regulations. WORKING DAY means Monday through Friday, 8:00 A.M. to 5:00 P.M.during the hours of operation published on the Pitkin County website, excluding legal holidays observed by Pitkin County. 2025 Pitkin County Wildfire Resiliency Code Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMapcontributors, CNES/Airbus DS, InterMap, NASA/METI, NASA/NGS and the GIS User Community, Pitkin County Road State Highway Primary Road All Parcels County Line (HFV) Town Boundary (HFV) Wildfire Hazard CWRC High Intensity Non-Federal High Intensity Federal Moderate Intensity Non-Federal Moderate Intensity Federal Low Intensity Federal 3/9/2026 0 3.5 71.75 mi 0 6 123 km 1:289,460 Exhibit E 2025 Pitkin County Wildfire Resiliency Code Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMapcontributors, CNES/Airbus DS, InterMap, NASA/METI, NASA/NGS and the GIS User Community, Pitkin County Road State Highway Primary Road All Parcels County Line (HFV) Town Boundary (HFV) Wildfire Hazard CWRC High Intensity Non-Federal High Intensity Federal Moderate Intensity Non-Federal Moderate Intensity Federal Low Intensity Federal 3/9/2026 0 3.5 71.75 mi 0 6 123 km 1:289,460 2025 Pitkin County Wildfire Resiliency Code Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMapcontributors, CNES/Airbus DS, InterMap, NASA/METI, NASA/NGS and the GIS User Community, Pitkin County Road State Highway Primary Road All Parcels County Line (HFV) Town Boundary (HFV) Wildfire Hazard CWRC High Intensity Non-Federal High Intensity Federal Moderate Intensity Non-Federal Moderate Intensity Federal Low Intensity Federal 3/9/2026 0 3.5 71.75 mi 0 6 123 km 1:289,460 Aspen 2025 Pitkin County Wildfire Resiliency Code Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMapcontributors, CNES/Airbus DS, InterMap, NASA/METI, NASA/NGS and the GIS User Community, Pitkin County Road State Highway Primary Road Secondary Road All Parcels County Line (HFV) Town Boundary (HFV) Wildfire Hazard CWRC High Intensity Non-Federal High Intensity Federal Moderate Intensity Non-Federal 3/9/2026 0 0.45 0.90.23 mi 0 0.75 1.50.38 km 1:36,183