§ 8.4. DESIGN CONSIDERATIONS AND STANDARDS
8.4.1. Planning Considerations
The following planning considerations shall be adhered to when dividing land:
(A)
Land Found Unsuitable for Development. Land unsuitable for development due to physical constraints shall not be divided unless methods authorized by this Code are used to mitigate the problems created by the unsuitable land conditions.
(B)
Safe for the Intended Purpose. Land shall be divided in a manner that allows it to be used safely for the intended purpose without danger to the public health, safety or welfare or peril from fire, flood, geologic hazards or other natural hazards. Building sites shall not be located in areas subject to geologic hazards as determined by the CGS or a Geologic Report; or in a 100-year floodplain unless located in compliance with the Floodplain Regulations.
(C)
Topography to be Considered. Consideration shall be given to topography. Building sites shall not be located on land with a slope of 30% or greater.
(D)
Planning Required for Remainder Parcels. A remainder parcel shall be at least 35 acres, platted as a tract, identified as a future phase consistent with the preliminary plan, or exempted by the BoCC in accordance with Chapter 7. A remainder parcel is not eligible for use or building permits unless specifically approved by BoCC action.
(E)
Continuation of Roads and Other Linear Facilities. Divisions of land shall be designed to accommodate the continuation of roads, trails, pedestrian access, utilities and drainage facilities into adjacent property unless there is sufficient justification for an alternative design. The connection shall provide a logical, safe and convenient circulation link for vehicular, bicycle, pedestrian, or equestrian traffic with existing or planned circulation routes and, in particular, to destinations such as schools, parks and business or commercial centers.
(F)
Lot Layout, Design and Configuration. Divisions of land shall be designed to provide for lots that are of an appropriate size and configuration for the site characteristics and intended uses; adequate buffering from the adverse impacts of adjoining uses through lot orientation, setbacks, landscaping or other appropriate methods; conservation of water, land and energy resources; conveniently located recreation facilities within the development; minimal grading, road cuts and fills; and a road system designed to preserve the integrity and function of the arterial and local roadway network. Lots shall have reasonable access to open space, trails, park land or recreation facilities that are set aside for either homeowner use or use by the general public.
(G)
Preservation of Natural Landscape. The primary importance of the preservation and enhancement of the natural landscape and vegetation shall be considered. The layout and design of lots, blocks, and rights-of-way shall provide desirable settings for structures by making use of natural features, unique or distinctive topographic features including buttes and rock outcroppings, existing vegetation, natural drainage, riparian and wetland areas, significant wildlife habitats, identified aquifer recharge areas, and aesthetic features. Alteration of features shall be kept to a minimum and shall be based on practical engineering considerations.
(H)
Preservation of Historical and Archaeological Sites. Alterations of historic or archaeological sites shall be avoided. Emphasis should be placed on reuse of historical structures and incorporation of historical and archaeological sites into the park and open space system. If disturbance of sites is unavoidable, the applicable public agency shall be provided the opportunity to excavate, purchase, or record the site before alteration takes place.
8.4.2. Environmental Considerations
The following environmental design considerations apply to divisions of land:
(A)
Miscellaneous Environmental Requirements.
(1)
Buffers.
(a)
Planting Easement Along Collectors, Arterials, or Expressways. A planting or screening easement may be required along the property line of lots abutting collectors, arterials, or expressways. No vehicular access shall be allowed through a planting or screening easement.
(b)
Landscaping between Differing Land Uses. Landscaping should be provided, especially as a buffer between different types of uses. Xeriscape should be used whenever possible to minimize water consumption.
(2)
Multifamily Lots Served by Central Sewage Collection System. Multifamily residential lots shall be served by a central sewage collection system.
(3)
Airport Impacts. Residential lots should be located to minimize adverse influences from airports and airport operations.
(4)
Threatened and Endangered Species Compliance. The design shall consider threatened and endangered species.
(B)
Hazards. Land shall not be divided until natural hazards have been removed or the impact of natural hazards mitigated as determined by the PCD Director. Lots or tracts subject to natural hazards which may be eliminated through specialized engineering shall be identified on the plat. Identification of natural hazards on the plat shall include a statement about the specific natural hazard and a statement of the engineering alterations required to eliminate the natural hazard. The following hazards are subject to these requirements:
• Geologic hazards including mine hazards, as identified by the applicant, review agency, or contained in the County inventory of geologic hazards;
• Soil hazards as identified by the applicant, review agency, or contained in the County inventory of soil hazards;
• 100-year floodplain as identified by the applicant, review agency, or the Floodplain Administrator;
• Wildfire hazards as identified on the County and State wildfire hazard inventory or maps;
• Hazards caused by high water table or polluted water, as identified by the applicant, review agency, or County inventory;
• Hazards associated with airports and major utility facilities; and
• Hazards associated with the presence of old landfills, fill areas, and surface and subsurface contamination.
Land subject to natural hazards shall generally be identified through field investigation and reports, existing County natural hazard inventories, and review agency comments.
(1)
Flood Hazard Area Requirements. In areas of special flood hazards, the following standards shall be met:
(a)
Review by Floodplain Administrator. Divisions of land shall be reviewed by the Floodplain Administrator for compliance with the Floodplain Regulations.
(b)
Minimize Flood Damage. Divisions of land shall be designed and constructed to minimize potential flood damage to properties and public utilities and facilities such as sewer, gas, electrical, and water systems. Development in the floodplain shall be limited to uses compatible with the flood hazard and shall specifically exclude residential uses, sewage and water treatment plants, commercial shopping areas, and industrial sites.
(c)
Hazardous Activities Prohibited. Activities in a Special Flood Hazard Area that may be hazardous to public health and water quality are prohibited, including but not limited to septic systems, landfills, disabled vehicles, etc.
(d)
Lots or Portions of Lots within Floodplain.
(i)
Lots Less than 2.5 Acres in Size. Lots less than 2.5 acres in size are required to be located entirely outside of the 100-year floodplain. Lands within the 100-year floodplain shall be established in a tract. A special district, HOA, or other corporate entity shall be designated to maintain the tract unless otherwise provided by this Code.
(ii)
Lots Greater than 2.5 Acres in Size. Lots 2.5 acres and larger are required to provide drainage easement for the 100-year floodplain with the restriction of "No Build" and "No Storage of Materials".
(e)
Base Flood Elevations and Floodplain Boundaries.
(i)
Floodplain Boundaries to be Shown on Plat. Base flood elevation data approved by the jurisdictional floodplain authority and 100 year floodplain boundaries shall be shown on the plat.
(ii)
Located within 300 Feet of a Zone A Floodplain. If any portion of a division of land is located within 300 feet of a Zone A Floodplain, FEMA-approved base flood elevations and boundaries are required to be determined and shown on the plat, or the applicant may provide a Floodplain Certification Letter by a professional engineer or architect stating that "To the best of the engineer's knowledge and based on field verified characteristics of the land being divided, the property is reasonably safe from flooding and, if studied, the 100-year floodplain would not be shown to enter the property in question."
(2)
Noise.
(a)
Impacts of Noise Pollution to be Minimized. Divisions of land shall be designed to minimize the impacts of noise pollution to residents. Divisions of land shall be designed with reference to potential and actual noise pollution hazards based on both existing conditions and projected conditions as identified in the TIS.
(b)
Roadway and Railroad Mitigation.
(i)
Types of Noise Mitigation. Where noise levels exceed or are predicted to exceed 67 dBA Equivalent Sound Level (Leq), any or all of the following mitigation measures (in order of County preference) shall be included in the design:
• Increased building setbacks;
• Modified site orientation for buildings and outdoor areas;
• Landscape buffers or tracts;
• Noise easement;
• Soil berming; or
• Noise barrier.
In the event that building setbacks or orientation standards are utilized as the mitigation strategy, those building setbacks and orientation standards shall be noted on the plat.
(ii)
Mitigation in Residential Subdivisions. Noise mitigation may be required for any residential subdivision, and shall be required for single-family and duplex residential subdivisions, which contain lots that will be individually owned, and are located adjacent to expressways, principal arterials or railroads. Where required, mitigation shall reduce the existing or projected exterior noise levels at the building site location and outdoor areas for patios and decks closest to the noise generator to 67 dBA Leq. A noise study to determine the area of potential impact is required where a subdivision includes or borders an expressway, principal arterial or railroad. A noise study is not required for minor subdivisions and minor replats.
(iii)
Noise Activity Covenant and Disclosure Required. In the event noise mitigation within the area subject to noise levels of 67 dBA Leq would not achieve a noise level reduction of a minimum of 5 dBA Leq without a noise barrier, a Noise Activity Covenant and Disclosure is required to be applied to each lot which will remain in the 67 dBA Leq, either by notation on the plat or by recording a separate document.
(iv)
Noise Mitigation Located Outside Right-of-Way. Noise mitigation measures shall be located in easements or on tracts to be maintained by a special district or homeowners association and outside of the right-of-way or roadway easements, unless otherwise approved by the ECM Administrator. A noise easement or maintenance agreement is required to assure access to and maintenance of the noise mitigation.
(c)
Noise Barriers.
(i)
Appropriateness of Noise Barriers. Noise barriers are generally more appropriate within an urban area or adjacent to urban development. Increased setbacks and orientation standards are more appropriate in rural areas. A noise barrier should not be the default design alternative unless other mitigation strategies cannot practically and effectively achieve the noise reduction.
(ii)
Noise Barrier Standards and Construction. When noise barrier construction is selected as the noise mitigation strategy, the noise barrier should be designed to achieve a noise reduction of at least 10 dBA Leq.
Noise barriers shall be constructed according to current CDOT standards, unless specifically modified by the ECM.
(iii)
Noise Barriers Required Prior to Occupancy. Noise barriers shall be installed prior to approval of a certificate of occupancy by the Building Department for residential structures, unless an extension of time to install the noise barrier is granted by the PCD Director.
(iv)
Noise Barrier Not Required to Meet Zoning Setback. A noise barrier is not required to comply with zoning district setbacks.
(v)
Consistency in Design and Materials. Noise barriers shall be of similar design and materials along an expressway, principal arterial, or railroad, unless an alternative design or material type is approved by the PCD Director.
(d)
Airport Noise. Where lots are located within the 65 Day-Night Equivalent Sound Level (Ldn) noise contour as determined by a current FAR Part 150 study for public airports or an AICUZ study for military airfields, the plat shall include a plat note advising that construction shall achieve a 30 dBA interior noise level reduction through approved construction techniques as evidenced by a Noise Reduction Certificate.
(e)
Military Installation Noise. Where lots are located within the 130 dBA noise contour line under adverse weather as determined by the current Fort Carson Installation Environmental Management Plan, the plat shall include a plat note restricting residential development on impacted lots. Development of commercial, industrial, or public structures devoted to office uses shall incorporate noise reduction measures sufficient to achieve an interior noise level reduction of 35 dBA as evidenced by a Noise Reduction Certificate.
(f)
Relationship to the Noise Ordinance. The requirements of this Section do not supersede requirements of any applicable BoCC Ordinance regarding noise.
(3)
Unsuitable Building Areas. Areas within lots or tracts which reflect one or more of the following characteristics shall be deemed unsuitable for building and shall be identified as no build areas on the plat.
• Areas not suitable for location of water or sewage disposal systems as determined by State and County health regulations.
• Areas where slopes are greater than 30%.
• Areas of identified or designated geologic, soil, or natural hazards as identified or designated in the El Paso County hazard identification inventory; provided that the limitations cannot be overcome through the application of specialized engineering.
• Areas within the 100-year floodplain as reflected on FEMA Flood Insurance Rate Map (FIRM), within proposed boundaries as reflected in LOMR/CLOMR, or as determined by a flood study as approved by the Floodplain Administrator.
• Areas within easements, without the permission or release from the beneficiary of the easement holder.
(4)
Snow Drift Areas. Where the subdivision is adjacent to arterial roads subject to snow drifting problems as identified in the ECM, additional design features to prevent snow drifting as listed in the ECM are applicable.
8.4.3. Division of Land, Block, Lot, and Tract Layout Standards
(A)
Division of Land Standards
(1)
Minimum Frontage for Division of Land. A division of land shall have a minimum of 60 feet frontage on a public road.
(B)
Block Standards.
(1)
General. The lengths, widths, and shapes of blocks shall conform to the following standards:
(a)
Separation of Differing Land Uses. Blocks shall be used to separate distinct land uses or zoning classifications.
(b)
Vehicular and Pedestrian Circulation. Blocks shall be laid out and designed to provide for convenient control, safety, and access for vehicular and pedestrian circulation.
(c)
Topography and Natural Features. Blocks shall be laid out with respect for the existing topography, vegetation, and other natural features.
(2)
Block Lengths and Pedestrians. Block lengths in excess of 600 feet may require pedestrian access be provided approximately midway through the block.
(C)
Lot Design. Lot design and layout shall conform to the following standards:
(1)
Buildable Lots. Lots shall be buildable lots, unless specifically approved and restricted by plat note.
(2)
Lot Area and Dimensions.
(a)
Minimum Lot Dimensions in Zoning District. The minimum area and dimensions of lots shall conform to the requirements of the applicable zoning district.
(b)
Adequate Buildable Area Required. Lots shall have sufficient buildable area to reasonably accommodate the allowed uses. Buildable areas shall be excluded from easements unless otherwise approved by the easement holder, and shall not encroach into natural hazard areas unless the natural hazards are mitigated as required by this Code.
(c)
Lot Area Adequate to Accommodate Parking. Lot area shall be adequate to allow for the provision of necessary parking facilities for the allowed uses.
(d)
Corner Lots and Building Setbacks. Corner lots shall accommodate the required setback on both frontages, which may require extra lot width.
(e)
Minimum Frontage. Lots shall have a minimum of 30 feet of frontage on and have access from a public road, except where private roads are approved by the BoCC pursuant to waiver granted under Section 8.4.4 (E).
(f)
Lots Using OWTS.
(i)
Lots Designed to Use an OWTS. Lots which will utilize an OWTS shall have a minimum area of 2.5 acres.
(ii)
Minimum Buildable Area for Lots Using an OWTS. A minimum of 1 acre of buildable area is required for lots proposed to utilize an OWTS.
(g)
Side Lot Lines at Right Angles. Side lot lines shall be substantially at right angles or radial to road right-of-way lines.
(h)
Irregular or Wedge-Shaped Lots. Irregular or wedge-shaped lots shall have sufficient width at the front setback line to accommodate construction of a principal structure that meets side setback requirements
(3)
Double Frontage and Reverse Frontage Lots.
(a)
Limited Use of Double Frontage and Reverse Frontage Lots. Double frontage and reverse frontage lots are discouraged except where essential to provide a separation of residential properties from arterial roads or incompatible uses, or where access is not allowed to one of the roads.
(b)
Access to Double Frontage Lots Restricted. Access for double frontage lots shall be taken from the lowest classification roadway providing access to the lot and not from perimeter collectors, arterials, or expressways. A statement dissolving the right of access to collectors, arterials, and expressways shall be required on the plat.
(c)
Access Control Using Reserve Strips of Land. Reserve strips of land to prevent access to roads are prohibited.
(4)
Flag Lots.
(a)
Only Allowed Where Other Options Impractical. Flag lots shall only be used where other lot layouts are impractical.
(b)
Not Used to Avoid Public Road or Utilities Construction. Flag lots shall not be used as a means of avoiding the construction of public roads or the extension of utilities.
(c)
Cul-De-Sac Required. The lot layout shall incorporate a cul-de-sac where 3 or more abutting flag lots would occur.
(d)
Shared Access. Flag lots shall be required to share access where inadequate frontage exists for multiple accesses in accordance with the access requirements of the ECM.
(e)
Minimum Pole Width. The minimum width for a flag lot pole shall be 30 feet.
(f)
Maximum Pole Length. The length of the flag lot pole shall not exceed the length of the longest side of the flag portion of the flag lot.
(g)
Pole Not Included in Lot Area. The area of the pole of the flag lot shall not be included in the lot area in meeting the minimum lot area requirements. Where the pole is irregular or wedge shaped the PCD Director shall determine where the flag pole is measured to.
(5)
Division of Lots by Boundaries and Man-Made or Natural Features.
(a)
Roads or Other Lots. Lot shall not be divided by a road, alley, or another lot.
(b)
Municipal, County or Zoning District Boundary. Lots shall not be divided by a municipal or County boundary or zoning district boundary.
(c)
Special, Taxing, or School District Boundary. Lots shall not be divided by a special district, taxing district, or school district boundary, unless coordinated with the affected districts.
(d)
Lots Divided by Irrigation Ditch, Stream or Drainage Facility. Lots should not be divided by an irrigation ditch, stream, or drainage facility unless a bridge or crossing is built to provide vehicular or pedestrian access to both sides.
(e)
Lots Divided by Easements. Lots should not be divided by easements. Drainage easements which bisect a lot are only allowed where no reasonable alternative to the drainage solution exists.
(D)
Tracts.
(1)
Not Eligible for Building Permits. Tracts shall not be used for structures and are not considered eligible for building permits, unless authorized by the approving authority and expressly noted on the plat.
(2)
Not Subject to Minimum Lot Size Requirements. Where a tract is not to be used for structures, the tract is not required to meet the minimum lot size requirements of the zoning district.
(3)
Areas to Be Shown. Tract area shall be shown on the plat in square feet and acreage.
(4)
Tract Boundary Line Locations. Tract boundary lines shall be located, when practicable, at the top of slopes or along benches or the flowlines of drainage courses.
(5)
Minimum Frontage. Tracts shall have a minimum of 30 feet of frontage on and have access from a public road or approved access easement, except where private roads are approved by the BoCC.
(6)
Park and School Tracts.
(a)
Dimensions of School Tracts. Tracts for schools shall have sufficient buildable area to reasonably accommodate the intended use. Buildable areas shall be excluded from easements unless otherwise approved by the applicable easement authority, and shall not encroach into hazardous areas unless the hazards are abated as specified in the required documents and plans.
(b)
Access for School Tracts. Tracts for schools shall have access meeting the requirements of this Code and the ECM.
(c)
Adequate Area for Recreation Required. Tracts for parks and schools shall have suitable areas for active or passive recreation facilities.
(7)
Tracts Not Divided by Municipal, County, or Zoning District Boundary. Tracts shall not be divided by the boundary line of a County, city or zoning district.
(8)
Public and Common Areas in Tracts. Land intended to be conveyed or reserved for common homeowner or public use except lands to be dedicated as rights-of-way use shall be located within tracts.
8.4.4. Transportation System Considerations and Standards
(A)
Planning and Design of Transportation System.
(1)
Transportation System Design Principles. Transportation systems serving the division of land shall be designed in conformance with the planning and design principals and criteria in the ECM. New roadways and associated structures shall be designed and built to bear a logical relationship to existing and planned roads and to provide suitable service to the ultimate land use of their service areas, and designed and constructed to achieve suitable capacity, safety, and levels of service and maintenance.
(2)
Consistent with MTCP. The location and design of roads shall be consistent with the road network and functional classification as identified in the MTCP.
(3)
Transportation Facilities Adequate. The nature and amount of traffic likely to be generated by the division of land shall be accommodated by existing and planned roadways without significant degradation of the physical condition or levels of service and safety as evidenced by a TIS prepared in conformance with the requirements in Appendix B of the ECM.
(B)
Right-of-Way Dedication Required. Roads shall be located within a dedicated public right-of-way meeting the requirements of the ECM for the roadway classification proposed. In addition, adequate right-of-way shall be dedicated to accommodate the construction of the roads identified within the MTCP in accordance with BoCC policy. In accordance with BoCC policy, the BoCC may allow a disclosure such as "public ROW easement" or "future ROW" to be placed on a plat as an alternative to dedication.
(C)
Public Roads Required. Divisions of land, lots, and tracts shall be served by public roads.
(D)
Dead-End Road Standards.
(1)
Maximum Number of Lots on Dead-End Road. The maximum number of lots fronting and taking access from a dead-end road is 25. A corner lot is not counted in the maximum number of lots on a dead-end road when the fire department determines that adequate emergency access is provided to the corner lot by an alternative road.
(2)
More than 25 Lots on a Dead-End Road. Where more than 25 lots would front and take access to a dead-end road, a second means of access shall be provided. The second access shall be either a public road or a road located within an easement specifically constructed for emergency access purposes.
In situations where a second access is planned but is not practicable to construct initially, a divided 4 lane road meeting the design and construction requirements of the ECM shall be considered a second means of access until the second access road is constructed. Provision for crossing the median of a 4 lane road by emergency vehicles shall be included in the design. Roads taking access from the 4 lane road shall be subject to the dead end and roadway termination standards of this Code and the ECM.
(3)
Maximum Length of Dead-End Road. The maximum length of a dead-end road is governed by the ECM, and may be further limited in those areas subject to wildfire hazard in accordance with this Code.
(E)
Private Road Allowances.
(1)
Use of Private Roads Generally Limited. Private roads shall normally be confined to closed loops and dead-end roads not likely to be needed for the convenience and safety of the general public.
(2)
Private Roads Require Waiver. The use of private roads is limited and allowed only by waiver. In granting a waiver to allow private roads, the BoCC shall make written findings supporting the use of private roads and may require the owner to enter into a Private Road Maintenance Agreement or create covenants whereby the lot owners are required to maintain the private roads.
(3)
Private Roads to Meet County Standards. Generally, private roads shall be constructed and maintained to ECM standards except as may be otherwise determined in the waiver. Private road waivers may only include design standards for the following:
• Right-of-way width where suitable alternative provisions are made for pedestrian walkways and utilities;
• Design speed where it is unlikely the road will be needed for use by the general public;
• Standard section thickness minimums and pavement type where suitable and perpetual maintenance provisions are made;
• Maximum and minimum block lengths; and
• Maximum grade.
(4)
Private Roads Determined to Comply with Access Requirements. In cases where private roads are approved, the private roads shall be deemed to comply with the access and frontage requirements of this Code as if the private roads were public roads.
(5)
Private Roads Posted. Private roads shall be posted and identified on the plat.
8.4.5. Drainage Considerations and Standards
(A)
Drainage Design Concepts. The design and operation of the drainage facilities serving a division of land shall ensure that: Historical flow patterns are maintained in a manner that will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to runoff peak flow and velocity increases, diversions, concentration and unplanned ponding of storm runoff.
• Runoff volumes and peaks in areas affected by runoff conform to the applicable provisions of the ECM;
• The division of land does not impede the flow of natural water courses;
• Low points within the affected area are ensured adequate drainage;
• The drainage system considers the drainage basin as a whole and is capable of accommodating not only runoff from the proposed division of land, but also, where applicable, the runoff from areas adjacent to and upstream of the division of land;
• Provision exists in the design or operation of proposed drainage facilities for suitable maintenance including requiring the applicant to enter into a Private Detention Basin Maintenance Agreement and Easement or create covenants whereby the lot owners are required to maintain the detention basin(s); and
• Where a division of land will cause the introduction of new pollutants into the runoff water, storage, treatment and removal of pollutants conforms to the requirements of the ECM.
(B)
Site Drainage Standards.
(1)
Lot Grading. Lots and tracts shall be laid out to provide positive drainage away from building sites. Overlot grading shall be designed and maintained consistent with the drainage basin planning study and master drainage plan.
(2)
Coordinated with Drainage and Flood Control Systems. The design and site drainage shall be coordinated with the drainage and flood control systems.
(C)
Drainage and Bridge Facility Design and Construction Standards.
(1)
Drainage and Bridges Constructed to ECM Standards. Drainage and bridge facilities shall be designed and constructed in conformance with the standards specified in this Code and the ECM.
(2)
Compliance with Drainage Basin Planning Study and Master Drainage Plan. Drainage improvements shall conform to the requirements of the drainage basin planning study and master drainage plan.
(D)
Maintenance Provisions Required. Provision for the maintenance of drainage areas shall be included as part of the subdivision easement and documents.
(E)
Protection of Hazardous Areas Associated with Drainage Facilities.
(1)
Low-Lying Areas Preserved. Low-lying lands along watercourses subject to flooding or overflowing during storm periods, whether or not included in areas for easement dedication, shall be preserved and retained in their natural state as drainage ways.
(2)
Prudent Line Setback. Where applicable, the Prudent Line Setback, which is a buffer zone on either side of the channel where development is prohibited and the channel is allowed to move laterally, shall be shown as a no-build area and shall have a maintenance easement to grant El Paso County maintenance access.
(3)
Subdivision Below a Jurisdictional Dam. Land which is subject to possible failure of an upstream dam meeting the size, volume or height standards of a jurisdictional dam shall not be platted unless the potential flooding condition is alleviated according to plans approved by the ECM Administrator or the State Engineer. A Dam Failure Analysis may be required prior to approval of downstream subdivisions.
(F)
Detention Ponds and Permanent BMPs. Detention ponds and permanent BMPs shall be located in separate tracts or permanent easements where appropriate or required by the ECM.
(G)
Drainage Easements.
(1)
Drainage Easements Required for Watercourses and Ditches. A drainage easement shall be provided if a division of land is traversed by a watercourse, drainageway, channel, stream, water supply ditch, or canal. The easement shall exclude the right to make improvements of the type which would interfere with runoff. Dedication shall include a right to access if necessary.
(2)
Drainage Easements Required Outside Subdivision Boundaries. When a proposed drainage system will carry water across land outside the division of land, appropriate drainage rights and easements shall be secured.
(3)
Drainage Easements Required for Runoff Leaving Roadside Ditch. Drainage easements shall be established for runoff which enters private property from a roadside ditch.
(4)
Width of Drainage Easements.
(a)
General Requirements. A drainage easement or right-of-way shall conform to the lines of watercourse and the requirements of this Code, the ECM, and related technical documents, and be of a width adequate for the intended purpose and maintenance. The minimum requirements for easements shall be based on the base flood, but shall not be less than 15 feet in width unless otherwise approved by the ECM Administrator.
(b)
Standard Drainage Easement Widths and Locations. Drainage easements may be coincident with the required utility easements unless requested otherwise by the review engineer. The standard drainage easements for urban and rural lots shall be provided as follows:
(i)
Urban Density.
• Side Lot Lines: 5 feet
• Rear Lot Lines: 7 feet
(ii)
Rural Density
• Front Lot Lines: 10 feet
• Side Lot Lines: 10 feet
• Rear Lot Lines: 10 feet
8.4.6. Utilities Considerations and Standards
(A)
General. Provision shall be made for facility sites, easements, and rights of access for electrical and natural gas utility service sufficient to ensure adequate electric and natural gas service for the division of land.
(B)
Utilities Standards.
(1)
Utilities Located Underground. Utility facilities shall be located underground throughout the division of land except in situations or locations where undue hardship result from compliance with this requirement and the overriding intent of this Code has been demonstrated to the satisfaction of the PCD Director. Transformers, switching boxes, pedestals and other necessary facilities may be placed aboveground.
(2)
Extended to Each Lot or Building Site. Utilities shall be extended to each lot, tract or building site.
(3)
Utilities Located in Rights-of-Way or Easements. Utility lines, including appurtenances, shall be placed either within rights-of-way or within the easements or tracts provided for the particular facilities in accordance with the approved utility service plan and the ECM. Utility easements shall be identified for water, sewer, gas, electric power, telephone, cable television, and drainage facilities on the plat.
(C)
Standards for Easements.
(1)
General.
(a)
Meet ECM Requirements. Utility easements shall meet the requirements of the El Paso County ECM.
(b)
Located to Provide for Efficient Installation. Easements shall be located to provide for efficient installation and maintenance of utilities, drainage, vehicular and pedestrian access, emergency access, detention/retention facilities, water courses, and fire protection.
(c)
Utility Rights within Easements. Easements for the utility companies for the installation and maintenance of utilities, including, but not limited to, electric lines, gas lines, telephone lines, water lines, and sewer lines, shall include the right to trim interfering trees and brush and a perpetual right of ingress and egress for installation, maintenance, and replacement of lines.
(d)
Approved by Utility Companies Providing Service. Utility easements shall be approved by utility companies serving the project or the beneficiary of the easement.
(e)
Shared Utility Easements. Shared use of a given easement is encouraged to minimize the number of easements.
(f)
Free of Conflicting Encumbrances. Easements shall be free from conflicting legal encumbrances, avoid unnecessary removal of trees or excessive excavations, and be reasonably free from physical obstructions.
(g)
Blanket Utility Easements Prohibited. Blanket utility easements shall be prohibited. Existing blanket or undefined easements shall be defined or located on the ground. If an easement already of record cannot be definitely located, a statement of the existence, the nature of the easement, and its recorded reference shall be placed in the note section.
(h)
No Structures Over Easements. No structure or obstruction may be erected in, placed on or extend over an easement unless approved in writing by the entity or entities having jurisdiction over the easement.
(i)
Easements Used for Stated Purpose. Easements shall only be used for stated purpose as shown on the recorded plat.
(2)
Easement Locations and Dimensions.
(a)
Easements Along Lot and Tract Lines. Utility easements shall be provided along lot and tract lines in accordance with the serving utility, this Code, and ECM.
(b)
Easements Abutting Rear Lot Lines. Where an easement abuts a rear lot line which is not the rear lot line of another lot, or which is on the perimeter of the division of land, the easement width shall be 10 feet or more.
(c)
Utility Easements Combined with Drainage Easements. Where easements are combined with a water course, drainage way, channel, or stream, an additional utility easement of at least 10 feet in width shall be provided if the use would be in conflict with drainage requirements or wetlands.
(d)
Standard Easement Widths and Locations. Unless otherwise required by the utility provider, the standard utility easements for urban and rural lots shall be provided as follows.
(i)
Urban Density.
• Side Lot Lines: 5 feet.
• Rear Lot Lines: 7 feet.
(ii)
Rural Density.
• Front Lot Lines: 10 feet
• Side Lot Lines: 10 feet
• Rear Lot Lines: 10 feet
(D)
Vacation of Easements.
(1)
Easement Vacation to Follow Requirements of Chapter 7. Easements may be vacated in accordance with the provisions of Chapter 7 and the Procedures Manual after review by public utilities or other service providers providing designated services to the area in and around the subdivision.
(2)
Approval of Structure over Easement Not Construed as Vacation. Approval in writing for the placement of a structure within an easement shall not be construed to be a vacation of the easement.
8.4.7. Water Supply Standards
(A)
General.
(1)
Purpose. The purpose of this Section is to promote the health, safety, and welfare of the residents of El Paso County and is adopted pursuant to various State statutory authorities granted to counties, including, but not limited to, C.R.S. §§ 30-28-101, et seq., C.R.S. §§ 30-28-201, et seq., C.R.S. §§ 29-20-101, et seq., C.R.S. §§ 24-65.1-101, et seq., C.R.S. §§ 24-67-101, et seq., respectively.
This Section is not intended to enhance, diminish, displace, modify or supersede any applicable State Statutes or regulations regarding the initiation, adjudication, administration or use of water rights.
(2)
Applicability. The requirements of this Section shall apply to any development application which results in the creation of new lots, except as otherwise provided, with the following clarifications:
• The effective date of this Section is originally November 20, 1986, and this Section shall fully apply to any subdivision which does not have preliminary plan approval prior to that date;
• Any proposed subdivision with a preliminary plan approval by the BoCC prior to November 20, 1986, but still in the process of obtaining plat approval, shall be subject to the previously existing water supply regulations in this Code and any controlling State statutory requirements regarding subdivision water supplies. Notwithstanding the foregoing, a subdivision proposing a change in its source of water which would result in a substantial decrease in the quality, quantity or dependability of the water supply or a substantial increase in the annual water demand shall be subject to this Section. In no case shall a change from a renewable to non-renewable source provide less than a 300-year water supply; and
• The requirements of this Section shall apply if there has been a substantial change in the water supply of the subdivision. The BoCC, with recommendations from the County Hydrogeologist or the OCA, shall determine if a substantial change in the water supply or water demand is proposed. Factors to be considered in the determination of a substantial change in the water supply or water demand include the percent increase or decrease in water demand or water availability and the absolute quantity increase or decrease in the water demand or water availability.
(3)
Exceptions. The requirements set forth in this Section shall not apply to:
• Subdivisions which will not use water;
• Agricultural uses not associated with residential, commercial, or industrial activities requiring subdivision approval;
• A proposed subdivision which, by reason of the nature, type and extent of the proposed development, will not require a water supply as prescribed herein. Subdivisions meeting this requirement are not designed or developed for permanent occupation or habitation. The determination shall be made by the BoCC, following recommendations by the OCA, PCD Director, or County Hydrogeologist, on a case-by-case basis, and shall be based on a specific request and supporting evidence presented by the applicant along with recommendations of the Planning Commission. If exempted by the BoCC, any subsequent change in the subdivision as approved may require compliance with this Section;
• A vacation or vacation and replat of an existing subdivision or lots within an existing subdivision or any plat change, any of which will not result in significantly greater total water use than previously anticipated for the subdivision. All determinations as to the significance of the change in water use shall be made by the BoCC, with recommendations by the County Hydrogeologist or OCA; and
• The Planning Commission may recommend and the BoCC may, on a case-by-case basis, waive any or all of the requirements of this Section pursuant to a waiver application; however the finding of sufficiency for the quality, quantity, and dependability for water supplies shall not be waived; and
(4)
Terminology. Unless specifically provided by this Code, water terminology within this Section shall have the same meaning, definition and application as set forth in C.R.S. §§ 37-90-101, et seq. and §§ 37-92-101, et seq.,
(B)
Water Resource Report.
(1)
General.
(a)
Purpose. The purpose of the water resources report is to provide the data necessary for the Planning Commission and the BoCC to determine whether the proposed water supply is sufficient in terms of quality, quantity and dependability for the proposed subdivision.
(b)
Water Resources Report Required. A water resources report as required by this Section shall be submitted with sketch plan, preliminary plan, final plat, and any subdivision applications which will create a new lot. A copy of the report will be kept on file in the El Paso County PCD.
(c)
Prepared by Qualified Professional. The water resources report shall be prepared by a qualified hydrogeologist, hydrologist, licensed civil engineer, qualified groundwater geologist, or other qualified professional with appropriate experience.
(d)
Document Adequate Water Supply. The Water Resources Report shall include adequate documentation that the proposed water supply is sufficient in terms of quantity, dependability, and quality for the proposed subdivision.
(e)
Enforcement. In addition to any other remedies provided by law or this Code, the BoCC shall have the right to enforce compliance with the provisions of this Section, including any agreement provided pursuant to this Section, by means of withholding building permits within the subject subdivision or withholding plat approvals for additional development phases within the subject subdivision pending full compliance or other resolution.
(2)
Description Report Contents and When Required.
(a)
Sketch Plan Report. The initial water resource report submitted with the sketch plan may be of a general nature, may be based on published and unpublished data and reports, and need not include site-specific hydrogeologic data. The purpose of the report included with the sketch plan is to identify probable compliance of the proposed subdivision with the water supply standards and to identify the need for additional water supplies which will be required for the subdivision.
(b)
Preliminary Plan Report. The water resource report submitted with the preliminary plan shall include all of the data needed to determine whether the water supply is sufficient in terms of quality, quantity and dependability for the proposed subdivision. The report shall be based on engineering calculations and site-specific data and shall include a detailed discussion of the water demand, supply, quality, dependability, and supply facilities for the proposed project. The report shall identify those aspects of the water supply plan which are insufficient in terms of quantity, quality or dependability and shall identify the actions to remedy the deficiencies.
(c)
Final Plat and Replat Report. The water resource report submitted with the final plat shall include all of the data needed to determine whether the proposed water supply is sufficient in terms of quality, quantity and dependability for the type of subdivision proposed. The report shall be based on engineering calculations and site-specific data and shall include a detailed discussion of the water demand, supply, quality, dependability, and supply facilities for the proposed subdivision.
A water resources report is not required if the BoCC made a finding that the proposed water supply plan of the preliminary plan was sufficient in terms of quantity, quality and dependability. However, an amended water resources report is required if there is a substantial change in either the water supply or the estimated water demand.
(d)
Residential Subdivisions of 4 Lots or Fewer. A complete water resources report is not always required for minor subdivisions. State statute requires the State Engineer to review all proposed water supplies. The State Engineer requires at a minimum a narrative discussion and a Water Supply Information Summary Form.
(3)
Water Resource Report. The water resource report shall document the requirements of this Section and shall include the following data, documentation, and analysis at a level of detail necessary to make the determinations of sufficiency:
(a)
Summary of the Proposed Subdivision. The water resource report shall include a summary of the proposed subdivision with the following information:
• A location map including roads, Township and Range, a copy of all maps required with sketch and preliminary plan and final plat submittals, and legal description; and
• A description of subdivision including acreage of each proposed land use, number of dwelling units, etc. For phased projects the description shall clearly describe the acreages, land uses and number of units of each phase. The location of each proposed land use shall be shown on appropriate maps.
(b)
Information Regarding Sufficient Quantity of Water.
(i)
Calculation of Water Demand. The water resource report shall include water demand calculations in separate calculations for the type, number and annual water requirements of existing, proposed and potential maximum uses of the subject property and a general timetable when the demands are expected. Acceptable methods of determining water demand are described in this Section.
(ii)
Calculation of Quantity of Water Available. The water resource report shall identify and describe each source of water including: (1) a map showing the location of any off-site water to be used and the location of major water transmission lines, reservoirs, etc.; (2) calculations of the quantity of water available from each source (on-site and off-site sources shall be determined separately); and (3) a description of groundwater sources.
(iii)
Groundwater Source Information. The water resource report shall list each aquifer to be used. Each aquifer shall be identified as tributary, non-tributary, not non-tributary or from a designated basin, and as either renewable or non-renewable aquifers. The report shall discuss the need for and the status of any augmentation plans required to use the proposed supply. The report shall also describe the annual and the 300-year quantity of water available from each proposed aquifer.
(iv)
Production Wells Information. The water resource report shall discuss location, construction and production details of existing and proposed production wells. The following shall be included: (1) estimated number, size and short- and long-term yields of wells necessary to serve the proposed subdivision; (2) estimated life expectancy of wells; (3) estimated short and long-term well development schedule indicating probable timing of bringing additional wells on line; (4) A map showing locations of wells to be used during the first 5 years of the subdivision and probable locations of wells in the following years; (5) Well drilling logs and well completion reports; and (6) Pumping test data and analysis, including data and analysis of constant rate and step drawdown tests.
(v)
Surface Water Sources. The report shall list each surface water supply to be used. The report shall discuss the need for and the status of any augmentation plans required to use the proposed supply. In addition, the report shall describe the annual and the 300-year quantity of water available from each proposed surface water supply, and calculate the number of years of water supply. For phased projects, the calculation shall delineate the years of water available for each phase.
(c)
Information Regarding Sufficient Dependability of Water Supply. The water resource report shall include the following information to allow a determination of sufficient dependability of the water supply to be established:
(i)
Proof of Ownership. Proof of ownership or right of acquisition of use of existing or proposed water rights sufficient in quality, quantity and dependability to serve the proposed use including well permits, court decrees, well applications, export permits, etc.
(ii)
Financial Plan. Financial plan and capital improvements plan of water provider.
(iii)
Description of Water Supply. Description of the water supply, location shown on maps, and, when appropriate, engineering designs of existing and proposed water supply facilities, including wells, storage facilities, major transmission lines, etc.
(iv)
Calculations Demonstrating Quantity. Calculations and documentation demonstrating that the aquifers are capable of supplying the required quantity of water and analysis showing the wells are capable of producing the required water supplies, if groundwater is to be used.
(v)
Evidence of Water System Source. If a public or private water system is to be used, evidence that the source can and will supply water to the proposed subdivision stating the amount of water available for use within the subdivision and the feasibility of extending service to the area. This evidence shall include the following information: (1) A letter indicating a commitment to serve (except in the case of a sketch plan); (2) Name and address of the municipality, quasi-municipality, or water company which will supply the water; (3) Current capacities of the existing system; (4) Total amount of current and committed use; and (5) Amount and timing of water to be supplied to the subdivision.
This requirement does not apply to subdivisions to be supplied by individual wells.
(vi)
Evidence of Short-Term Supply for Fire. Evidence that short-term water supply needs of the subdivision can be met to satisfy fire demand and reduction of supplies as a result of flooding, and damaged or otherwise incapacitated systems. Short-term dependability can be satisfied by such features as reservoirs, cisterns, standby wells and standby connections with other water supply or distribution systems.
(d)
Information Regarding Sufficient Quality. The following shall be supplied: (1) Chemical analyses of proposed water from each proposed source; (2) Evidence of compliance with County and State water quality standards; and (3) Discussion of potential for water quality degradation from on-site and off-site sources.
(e)
Public and Private Commercial Water Providers.
(i)
Information from Commercial Water Providers. It is the responsibility of the applicant to provide information regarding the availability of water supplies from any source, including public and private commercial water providers. Should the subdivision fall within a water provider's service district, a general water resources report supplied by the provider may be used to evaluate available water resources provided the content meets or exceeds the requirement of the Water Resource Report.
(ii)
Water Providers Report. In those cases where the water provider submits a general Water Resources Report, the water resource report shall be updated annually, by February of each year. Update information shall include:
• Volume of water sold in the previous year;
• New water acquisitions, commitments, augmentation plans, etc.;
• Water trades or other losses of water supplies;
• Anticipated water acquisitions for the upcoming year;
• Legal documentation accompanying new water acquisitions and augmentation plans;
• Major capital improvements accomplished during the past year and anticipated major capital improvements for the upcoming year; and
• Other information which would be useful in evaluating the availability of water supplies.
(f)
Review of Water Resource Report. Water Resource Reports will be referred to the State Engineer and any applicable designated groundwater management district or water service provider, and reviewed by the County Hydrogeologist, OCA, EPCPH, and PCD. When a proposed subdivision is located within a designated groundwater management district, El Paso County may receive comments and review recommendations from the district; however, the recommendations are not binding on the County.
(i)
Sketch Plan Report. After receipt of the report, County staff and review agencies will submit a statement of their conclusions, finding and recommendations to the PCD.
Given the general and preliminary nature of water information available at the sketch plan stage, the OCA will not provide recommendations or comments on the sufficiency of the water supply for sketch plan.
(ii)
Preliminary Plan Report. The County Hydrogeologist will, in consultation with the OCA and the PCD, prepare a recommendation that the water supply be found sufficient or insufficient in terms of quantity and dependability. The EPCPH will prepare a recommendation that the water supply is sufficient or insufficient in terms of quality. If the County Hydrogeologist, OCA or EPCPH recommend that the proposed water supply be found insufficient they shall identify the deficiencies in the water supply plan to be corrected prior to submittal of the final plat.
(iii)
Final Plat. The County Hydrogeologist will, in consultation with the OCA and the PCD, prepare a recommendation that the water supply be found sufficient or insufficient in terms of quantity and dependability. The EPCPH will prepare a recommendation that the water supply is sufficient or insufficient in terms of quality. If the County Hydrogeologist, OCA or EPCPH recommend that the proposed water supply be found insufficient they shall identify the deficiencies in the water supply plan.
(4)
Basis of Determination of Sufficiency.
(a)
General Provisions. The Planning Commission shall, as part of its deliberations, make a recommendation regarding the sufficiency of the proposed water supply. The BoCC shall determine the sufficiency of the proposed water supply in terms of quantity, dependability, and quality based on the information presented and the recommendation of the Planning Commission.
In determining the sufficiency of a proposed water supply, the BoCC shall, at a minimum, consider the Water Resources Report, data and recommendations from the State Engineer's Office, OCA, the County staff, and the County Hydrogeologist; the recommendations of the Planning Commission; and public comment. In all cases the burden of proof in demonstrating sufficiency rests with the applicant, and it shall be the applicant's sole responsibility to document in the Water Resources Report that the proposed water supply is sufficient in terms of quantity, dependability, and quality.
(b)
Conditional Finding of Sufficiency. Conditional findings of sufficiency can be made by the Planning Commission and the BoCC specifying conditions that shall be met prior to recording the final plat. Some examples of conditions include, but are not limited to: written proof that a well has been abandoned or re-permitted, written proof that an applicant has voluntarily reduced the amount of withdrawal, completion of CDPHE Technical, Managerial and Financial (TMF) analysis and issuance of PWSID number for a new central water system, and formal annexation of the lot into a central water system's service area. Once these requirements are met, the conditional finding of sufficiency becomes a finding of sufficiency.
(c)
Exception to 300-Year Water Supply. An exception to the 300-year water supply can be granted to those lot(s) not included in the Water and Sanitation or Metropolitan District's service area but the applicant desires to subdivide their land, annex into the District, and utilize the District's service for the new lot(s), which lot(s) may be granted an exception of the 300-year water supply requirement due to the fact that the District has effectively appropriated all the groundwater under the proposed subdivision by virtue of the cylinders of appropriation around its pre-1973 well(s). However, if exempt well(s) will continue to be used by an existing lot (and will not use the District's water service), the applicant must reduce the amount of withdrawal from their exempt well(s) to meet the County's 300-year supply life requirement.
(d)
Documents Needed for Review by the OCA. The following documents shall be reviewed by the OCA:
• Water Supply Information Summary Form
• Letter of Commitment from Water District
• Copies of all well permits
• Copies of all Water Court Decrees
• Copies of all Colorado Groundwater Commission Determinations of Water Rights
• State Engineer's Office Opinion
(e)
Phases of Plan Approval.
(i)
Sketch Plan: Approval of a sketch plan by the Planning Commission and BoCC does not require a finding that the proposed water supply is sufficient in terms of quality, quantity and dependability.
(ii)
Preliminary Plan:
• Action of the Planning Commission: The Planning Commission shall make a recommendation that the proposed water supply is or is not sufficient in terms of quantity, dependability, and quality. Separate recommendations may be made. A preliminary plan may be approved even if a recommendation of insufficiency is made. The Planning Commission shall identify the deficiencies in its recommendations to the BoCC.
• Action of the BoCC: The BoCC shall make a finding that the proposed water supply is or is not sufficient in terms of quantity, dependability, and quality. Separate findings may be made. A preliminary plan may be approved even if a finding of insufficiency is made. The BoCC shall identify the deficiencies with respect to the water supply plan.
(iii)
Final Plat:
• No final plat shall be approved by the Planning Commission or the BoCC without a finding that the proposed water supply is sufficient in terms of quality, quantity and dependability for the proposed subdivision.
• For subdivisions with 4 lots or more whose water supply consists of wells, and particularly where there are water augmentation or replacement obligations, the applicant shall establish a HOA or other entity approved by the OCA that shall be responsible to carry out the obligations under the water court decree, Colorado Groundwater Determination, and any related augmentation or replacement plans. For subdivisions with 3 lots or less, while creation of an HOA is preferred, responsibility for the obligations may be placed on the individual lot owners in the covenants or in a Joint Use Well-Sharing and Easement Agreement. Unless the water court or Colorado Groundwater Commission authorizes differently, no more than 6 lots shall share a well in a joint-use well sharing arrangement. Plat notes concerning the responsibility for the obligations and for conveyances of water rights shall be included on the face of the final plat. Prior to recording the final plat for any such subdivision, the applicant shall provide to PCD and the OCA for review and approval documents including, but not limited to, water court decrees and plans for augmentation signed by the Water Judge; determinations of water rights and replacement plans signed by the Colorado Groundwater Commission; deeds to cure defects in title to water rights; form deeds conveying water rights to individual lot owners; deeds conveying water rights for augmentation or replacement to the HOA (or to lot owners for subdivisions with 3 lots or less); Joint Use Well Sharing and Easement Agreements (where applicable); restrictive covenants; and documents creating the HOA including articles of incorporation, certificate of incorporation by the Secretary of State, and bylaws.
(5)
Finding of Sufficient Dependability. The proposed water supply shall meet the following criteria to be found sufficient in terms of dependability:
• The supply is of sufficient quantity to meet the needs of the proposed subdivision for 300 years;
• The proposed water supply system and water supply is capable of meeting the average annual and peak daily demand of the proposed subdivision; and
• The applicant has provided adequate evidence of ownership or the right of acquisition or use of existing or proposed water rights sufficient in quantity, dependability, and quality to serve the proposed uses within the subdivision; and (1) the legal capability to accomplish any changes in the uses or points of diversion of the rights with quantities and dependability necessary to serve the proposed subdivision without material injury to vested water rights; or (2) adequate evidence that the public or private water provider can and will supply the proposed subdivision with water of adequate quality, quantity and dependability.
(6)
Adequate Proof of Ownership or Right of Acquisition. No final plat will be approved without adequate proof of ownership or the right of acquisition or use of existing and proposed water rights. Following are the minimum requirements of each type of water supply as proof of ownership or the right of acquisition of or use of existing and proposed water rights of surface or groundwater:
(a)
Surface Water. For surface water and underground water defined in C.R.S. § 37-92-103(11), the following shall be considered adequate proof of ownership or right of acquisition:
• Copies of appropriate well permits or court decrees for water rights, changes of water rights, and augmentation plans or State Engineer approved temporary exchange plans; or
• If the decree or historic use and priority does not provide for a probable uninterrupted supply, the applicant shall submit a legally binding alternative supply plan, such as reserve groundwater.
(b)
Groundwater Outside the Designated Groundwater Basins. For groundwater outside the designated groundwater basins and subject to C.R.S. § 37-90-137(4) (S.B.-5 and S.B.-213), the following shall be considered adequate proof of ownership or right of acquisition:
• Copies of well permits, court decrees for the intended type of use and quantity, or determinations made by the State Engineer under rules and regulations adopted pursuant to C.R.S. § 37-90-137(9) in response to water court request pursuant to C.R.S. § 37-92-302(2), and in the referral and review process of C.R.S. § 30-28-136(1)(h)(I);
• With respect to groundwater classified as not non-tributary, a court decree approving a plan of augmentation is required.
(c)
Designated Groundwater.
(i)
Alluvial Groundwater. For alluvial groundwater, permits or determinations issued by the Colorado Groundwater Commission for the intended type of use or court decrees shall be considered adequate proof of ownership or right of acquisition. If appropriate, export permits are required.
(ii)
Bedrock Groundwater. For bedrock groundwater, permits or determinations issued by the Colorado Groundwater Commission for the intended type of use, or court decrees and estimates of the quantity of groundwater in Denver Basin formations shall be considered adequate proof of ownership or right of acquisition. Either a permit or a court decree is required for water which will be used during the first 20 years of the proposed project. Denver Basin formation estimates are only permissible for those deeper aquifers which will not be needed during the first 20 years of the project life. If appropriate, export permits are required.
• Perfected Groundwater Rights (1973): For groundwater rights perfected prior to enactment of Senate Bill 213 (July 6, 1973) and not defined in § 37-92-103 (11), C.R.S., a court decree or well permits for the intended types of use shall be considered adequate proof of ownership or right of acquisition.
(d)
Other Information Required. In addition to the above requirements, the applicant shall provide any other pertinent information and documentation which further expands, restricts or modifies (or which could potentially expand, restrict, or modify) the existence, ownership and right to use the subject water rights for the proposed subdivision.
(e)
Written Evidence Required. The applicant shall provide written evidence satisfactory to the BoCC that documented water rights have been committed to and will be retained for subdivision use to the fullest extent necessary to satisfy the water demand of the proposed subdivision as required by this Section. The written evidence may include one or a combination of the following:
• An adequate letter of commitment from an established water provider agreeing to provide water service to the proposed subdivision, and stating the amount of water available for use within the proposed subdivision and the feasibility of extending service to that area;
• A legally binding agreement between the BoCC and the applicant or water provider setting forth and prescribing the terms, conditions, limitations and restrictions as to the commitment and retention of documented water rights necessary to satisfy the present and anticipated future water demand of the proposed subdivision or the respective filing thereof in accordance with this Section; or
• A plat note conveying or identifying the documented water rights committed to the proposed subdivision, and restricting the further conveyance, sale, transfer, or change in use of the committed water rights.
In determining the appropriate means to accomplish the foregoing, the BoCC shall consider, among other factors, the legal classification of the water involved, the type of water system proposed, and the water provider's history of experience and reliability of providing service.
(f)
Written Documentation Recorded Prior to Plat Approval. The written documentation required by the BoCC pursuant to this Section 8.4.7, shall be finalized, fully executed and recorded prior to or concurrent with the recording of the final plat for the subject property, except that the letter of commitment shall not be recorded. HOA documents shall be recorded, to the extent that the HOA is in existence at the time of plat recording.
(g)
Adequate Proof from Water Provider.
(i)
General. Adequate proof is required of the capability of the water provider to serve the proposed subdivision and pre-existing subdivisions, if any, with adequate quantity, dependability, and quality at average annual and at peak daily demand. The 300-year water supply requirement does not apply to pre-existing (prior to November 20, 1986) subdivisions.
(ii)
Financial and Capital Improvement Plan. The financial plan and capital improvements plan shall include a program for future wells if future groundwater development is planned and shall show that necessary financial resources have been satisfactorily committed to extend water service to the proposed subdivision and to adequately maintain and operate the water supply system. Projects in which each residence will be served by an individual well are not required to have a financial or capital improvement plan.
(iii)
Water Bearing Capacity of Aquifers. Proof shall be provided that the water bearing properties of aquifers (i.e., hydraulic conductivity, transmissivity, storativity, storage coefficient, etc.) are adequate to yield the quantity of water which is proposed to be extracted from the aquifer.
(iv)
Physical Facilities and Technical Capabilities Adequate. Proof shall be provided that physical facilities, or the necessary financial and technical resources and legal commitments and authority to construct a system, for raw water acquisition, collection, storage and treatment, and for treated storage and distribution and maintenance or water pressure are sufficient to serve the needs of the proposed subdivision.
(v)
Water Demands for Fire. Proof shall be provided that water demands needed to satisfy fire demand, replacement of supplies reduced due to flooding, damaged or otherwise incapacitated systems can be met. This short term dependability is satisfied by such features as reservoirs, cisterns, standby wells and standby connections with other water supply or distribution systems.
(vi)
Compliance with Drinking Water Regulations. When a new community water system subject to the Colorado Primary Drinking Water Regulations is proposed in conjunction with a subdivision, a conditional finding of sufficiency may be issued by the Planning Commission and BoCC in the approval of a preliminary plan or final plat subject to the following:
• CDPHE TMF capacity, analysis and approval thereof, as evidenced by issuance of a Public Water System Identification (PWSID) number;
• Adequate construction surety for the proposed water system which includes all waterworks identified in the CDPHE TMF analysis;
• Restrictions on the sale of lots and the issuance of building permits until the water system is constructed and certified are included on the final plat; and
• An entity acceptable to the water court, or Colorado Groundwater Commission or the CDPHE shall be formed or engaged to assure operation of the community water system.
(7)
Finding of Sufficient Quantity.
(a)
Sources of Water. Water shall be supplied from legally and physically available water sources and may be supplied from on-site sources, off-site sources, or both.
(b)
Required Water Supply. The water supply shall be of sufficient quantity to meet the average annual demand of the proposed subdivision for a period of 300 years. Sketch plans are not required to include documented evidence that the proposed water supply will meet the needs of the proposed subdivision for a period of 300 years.
(c)
Determination of Water Demand.
(i)
Sketch Plan. The total 300-year water demand shall be estimated for the entire subdivision. Each phase of a subdivision shall be estimated independently. It is recognized that this estimate will be based on the general concept of the proposed subdivision and not final engineering plans. Acreages of community landscaping, lawn sizes, specific types of commercial and industrial uses, etc., may be based on estimates.
(ii)
Preliminary Plan and Final Plat. Estimates shall be based on actual acreages and densities, engineering plans and designs, land surveys and restrictive covenants, as applicable.
(d)
Presumptive Use Values. In the absence of data on water use to the contrary or other minimum values established as acceptable by the State Engineer, the following presumptive values will be used to calculate the annual water demand:
• Residential inside use 0.26 acre feet per year for single family residences and 0.20 acre feet per year for each occupancy unit in multiple family residences other than single family. A duplex contains 2 occupancy units, a triplex contains 3 occupancy units, etc.;
• Residential and commercial landscaping use 0.0566 acre feet per 1,000 square feet of landscaping;
• Commercial and industrial inside use 0.1 gallon per day for each square foot of developed space; and
• Miscellaneous irrigation (landscaping, golf courses, etc.) use 2.46 acre feet per acre per year.
(e)
Calculation of Unusual Water Demands. Unusual water demands for residential projects, such as large swimming pools, lakes, large fountains, irrigation of golf courses, greenbelts and pasture land, shall be determined and calculated separately.
(f)
Water Use for Uses Not Itemized. For uses not itemized above the applicant shall conduct a site specific study.
(g)
Water Demand of Comparable Projects. The applicant may also submit an estimate of annual water demand based on the water use of comparable projects, water reuse, groundwater recharge, water conservation, or other innovative methods. Complete documentation shall accompany these estimates, and it shall be the applicant's sole responsibility to demonstrate the validity of water demand estimates made from alternative calculations. If alternative calculations are included, calculations using the above presumptive values shall also be included. The BoCC will make the final determination of water demand.
(h)
Adjustments to Water Demand Calculations. At the preliminary plan and final plat stage of a subdivision, the calculations of the water demand may be adjusted for the time required for subdivision buildout. The adjustment shall be in increments of whole years and the adjustment period shall not exceed 20 years from the date of final plat approval.
(8)
Determination of Available Water.
(a)
Sketch Plan. Existing and potential water supplies shall be estimated for the entire subdivision. Proposed quantities of available water are considered general estimates and need not be based on court decrees, well permits or final engineering plans. The quantity of water available from each proposed on-site and off-site source and each aquifer shall be determined and described separately. For phased projects the supply for each phase shall be estimated independently. The quantities of available water shall be expressed in acre feet per year and total acre feet for the proposed subdivision to evidence a 300-year supply. Because substantial differences may exist between the estimates included with the sketch plan submittal and actual water supplies available for preliminary plan and final plat submittals, acceptance of the estimates accompanying the sketch plan will not guarantee the number of dwelling units permissible in later stages of the subdivision approval process.
(b)
Preliminary Plan and Final Plat. The quantity of water available from each proposed on-site and off-site source and each aquifer shall be determined and described separately. Calculations shall be based on court decrees, well permits, approved augmentation plans and determinations by the State Engineer. The quantities of available water shall be expressed in acre feet per year and total acre feet for the proposed subdivision to evidence a 300-year supply.
(9)
Water Calculation by Category of Water Type.
(a)
Surface and Undergroundwater as Defined by Statute. Available surface and undergroundwater as defined in C.R.S. § 37-92-103(11) are calculated as follows.
(i)
Renewable Water Sources. Certain water as defined in C.R.S. § 37-92-103(11) which is provided from surface water and underground sources is considered to be annually renewable and is therefore considered to have a minimum life of 300 years.
(ii)
Well Permits and Court Decrees. The quantities of water available shall be derived from appropriate well permits, court decrees for water rights, changes of water rights, augmentation plans, and State Engineer approved temporary water exchange plans which will be legally and physically available for the proposed subdivision. In the event the court decreed quantity or well sited quantity of water has historically been unavailable at times because of a junior priority or for other reasons, the water supply may only be counted if an alternative supply, of equal quantity, is available when the surface supply is not. For example, if the priority of a surface water supply is such that water is only available seasonally, then an equal supply of reliable alternative water shall be available when the surface supply is not available.
(iii)
Calculation of Quantity. The quantity of water available shall be calculated by multiplying the annual appropriation, in acre feet, times 300 years. If a supplemental water supply is required, reduce the number of years by the percentage of time the supply is not available. For example, if a supply of surface water is not available for 6 months out of the year, then the quantity of surface water available shall be reduced by 50%. The supplemental source shall be documented independently.
(b)
Groundwater Outside Designated Basins. Available groundwater outside designated groundwater basins and subject to C.R.S. § 37-90-137(4) (S.B. 5 (July 1, 1985) and S.B. 213 (July 6, 1973) groundwater) is calculated as follows:
(i)
Quantity of Nontributary and Not-Nontributary Groundwater. The quantity of nontributary and not nontributary groundwater available is that quantity prescribed by court decrees, wells, or quantity determinations made by the State Engineer under rules and regulations adopted pursuant to C.R.S. § 37-90-137(9), in response to water court request pursuant to C.R.S. § 37-92-302(2) and in the referral and review process of C.R.S. § 30-28-136(1)(h)(I). With respect to groundwater classified as not nontributary, the applicant shall furnish a court decree approving a plan of augmentation.
(ii)
Calculation of Quantity. The quantity is calculated by multiplying the annual appropriation by 100 years. The quantity shall be adjusted for the quantity of groundwater used in prior years. Calculations of the quantity of groundwater available shall be based on the following priority: first, court decrees; second, well permits; and third, State Engineer's recommendations.
(c)
Available Designated Groundwater.
(i)
Not Exceed Quantity Allocated by Commission or Court. The quantity of groundwater may not exceed the quantity of groundwater allocated by permits or determinations approved by the Colorado Groundwater Commission, or the quantity exhibited by court decrees plus the quantity of groundwater which occurs beneath the project site in Denver Basin formations for which the Colorado Groundwater Commission has not approved well permits.
(ii)
Priority of Wells a Factor. If a court or the Colorado Groundwater Commission has decreed a priority appropriation list of wells in the basin, the priority and significance of the priority of the proposed wells to any condition of basin over-appropriation shall be a factor in determining sufficiency.
(iii)
Quantity of Alluvial Groundwater. The quantity of renewable alluvial groundwater is calculated by multiplying the annual well appropriation or court decree, in acre feet, by 300 years. The appropriation shall be adjusted, if necessary, to account for a junior priority appropriation.
(iv)
Quantity of Bedrock Groundwater. The quantity of nonrenewable bedrock groundwater is calculated by multiplying the annual appropriation, as specified in the Colorado Groundwater Commission determination or court decrees and well permits, in acre feet, by 100 years. The appropriation shall be adjusted, if necessary, to account for groundwater previously appropriated or extracted. Denver Basin groundwater underlying the project site for which Colorado Groundwater Commission determinations or court decrees or well permits have not been issued may be counted as part of the water supply. The estimates of Denver Basin groundwaters are only permissible for those deep aquifers which will not be needed during the first 20 years of the project.
(d)
Available Perfected Groundwater. Available groundwater from groundwater rights perfected prior to enactment of Senate Bill 213 (July 6, 1973) is calculated as follows:
(i)
Calculating Quantity of Groundwater. If renewable (i.e. alluvial) multiply the annual appropriation by 300 years; if nonrenewable (i.e. Denver Basin aquifers) multiply the annual appropriation by 100 years. If appropriate make adjustments for the 3/7 rule on the Arkansas River or other extraction limitations.
(ii)
Calculating Quantity of Pre-1973 Court Decree and Groundwater. The quantity of groundwater from pre-1973 court decrees and well permits shall be calculated independently, and when appropriate the cylinder of appropriation of the well shall be subtracted from the area of other groundwater calculations.
(10)
Finding of Sufficient Quality. In conjunction with applicable State and federal water quality standards and requirements, the proposed water supplies shall meet the following requirements:
(a)
Chemical Analysis Required. A chemical analysis shall be performed on a representative water sample from every bedrock groundwater source which will be utilized by the subdivision during the first 5 years and from every non-bedrock source to be used by the subdivision. Large subdivisions may require multiple samples from the same source (not the same well) to ensure representative water quality analyses.
(b)
Contaminant Levels to Meet Drinking Water Requirements. Maximum permissible contaminant levels shall meet the requirements of the Colorado Primary Drinking Water Regulations, as clarified by the EPCPH.
(c)
Analysis of Major Ions. Analyses of the major ions calcium, magnesium, potassium, sodium, bicarbonate/carbonate, chloride and sulfate may be required by the EPCPH.
(d)
Collection Techniques. Samples shall be collected by qualified personnel using standard collection and preservation methods and shall be analyzed within the limits of standard holding times. A chain of custody shall be maintained and documented from sampling to a laboratory analysis. Samples shall be analyzed by a Colorado certified testing laboratory.
(e)
Sampling Location. Samples from bedrock aquifers shall be collected within ½ mile of the project site or off-site source. If the bedrock source will not be used during the first 5 years of the project and if wells are not available for sampling, the requirement for bedrock aquifer water quality analysis may be deferred as a condition of approval by the BoCC. Samples from shallow alluvial aquifers shall be collected within 500 feet of the project site or off-site source and shall be collected from the closest up-gradient well. All samples shall be representative of the source.
(f)
Water Quality Not Meeting Standards. If the quality of the source water does not meet the standards specified in the Colorado Primary Drinking Water Regulations, as clarified by the EPCPH, the applicant shall demonstrate that treatment facilities will be constructed and maintained which will bring the water within the standards.
(g)
Presumption of Water Quality. In the absence of evidence to the contrary, a presumption is made that residential subdivisions of 4 or fewer lots will meet the water quality standards. In the absence of evidence to the contrary, it is presumed that water supplied from an existing Community Water Supply, which operates in conformance with the Colorado Primary Drinking Water Regulations and the CDPHE requirements, as clarified by the EPCPH, is determined to meet the water quality standards as required by the section.
(h)
Future Water Quality to Meet Standards. Under foreseeable and likely future conditions, the quality of the proposed water supply shall meet or exceed the water quality standards established herein. Both on-site and off-site source conditions shall be considered.
(i)
Compliance Not to Diminish Other State and Federal Standards. Compliance with this Section is not intended to modify, displace, supersede or diminish compliance with other State and federal water quality requirements.
(C)
General Requirements (Clarifications).
(1)
Renewable Groundwater Life 300 Years. Water provided from renewable groundwater sources is considered to be annually renewable and, therefore, is considered to have a minimum life of 300 years.
(2)
Recharge Not Used to Modify Bedrock Calculations. Groundwater recharge may not be used to modify the calculations of the quantity of extractable groundwater in bedrock aquifers unless it is included in court decrees, well permits, approved augmentation plans or determinations by the Colorado Groundwater Commission and the State Engineer.
(3)
Alternative Supplies May be Considered Renewable. Alternative water supplies such as treated effluent may be considered renewable or nonrenewable and shall be evaluated on a case-by-case basis.
(4)
Private Arrangements and Agreements. Any private or public arrangements, agreements or contracts that modify, limit, or condition the use of any water rights or water supplies may result in a reduction of the water calculated to be available for subdivision use.
(5)
Nonrenewable Water from Off-Site. When nonrenewable water is provided to a development from an off-site location, the calculation of water for purposes of this Section is at the point of delivery to the development or customer, rather than at the point of pumping of the well.
(D)
Post-Approval Compliance.
(1)
Prior to Authorization of Building Permits. Prior to authorization by the PCD for the issuance of building permits, the following shall be accomplished. This provision does not apply to subdivisions supplied by individual wells.
• All required step drawdown tests shall be performed on production wells.
• For new community water supply systems a certification shall be issued by a qualified professional (knowledgeable with the water system) certifying that the water system is operational for the intended use. CDPHE TMF capacity analysis and approval thereof, as evidenced by issuance of a public water system Identification (PWSID) number shall be provided.
• For existing and established community water supply systems the certification may come from the water supplier's engineer or may be satisfied by the district or supplier's acceptance of the facilities.
(2)
Proof of Well Permit Prior to Approval of Building Permits. Subdivisions subject to this Section shall provide proof of a well permit prior to the PCD's authorization for the issuance of building permits for residential usage for properties located within the designated groundwater basins and for individual lots within a subdivision dependent on an individual on lot well system.
(3)
Water Provider No Longer Able to Supply. In the event that the applicant or his water provider is no longer able to supply the subdivision with the quality, quantity, or dependability of water identified in this Section and in the final plat and associated documents approved for the subdivision, the issuance of building permits for the subdivision may be limited by the BoCC until the problem is resolved to the satisfaction of the BoCC.
(4)
Production Well Testing. The following shall apply:
(a)
Step Drawdown Test Performed. A step drawdown test shall be performed on each production well which will be needed to meet the daily and peak water needs of the proposed subdivision and which meet the following criteria: (1) The well or anticipated production rate is for 40 gpm or more, or (2) The well is a community well and will ultimately serve more than 50 acres or 100 dwelling units or an equivalent commercial or industrial project which is subject to the provisions of this Section.
Step drawdown testing is encouraged for all wells. Step drawdown tests shall be an appropriate number of steps of adequate duration to allow evaluation of the production potential of the well. Step drawdown testing is not required for approval of sketch plans. It is recommended that the test results be included with the preliminary plan and final plat submittals.
(b)
Test Results to Determine Capacity. Test results will be used to determine whether the production wells have adequate capacity to supply the needs of the subdivision. If test results indicate additional production wells are necessary, the additional wells shall be installed and tested prior to authorization by the PCD for issuance of building permits for the subdivision. Prior to issuance of building permits, the County Hydrogeologist shall review the test results and shall certify that the test results indicate that the production wells have, at the time of certification, adequate production capability to supply the needs of the subdivision.
(c)
Sufficient Production Wells Required Before Approval of Building Permits. The PCD shall not authorize the issuance of a building permit for an approved subdivision until sufficient production wells needed to supply the subject phase of the subdivision are installed,, tested, and conveyance is established.
(5)
Water Level Monitoring. The following monitoring and reporting is required until all plats for a proposed subdivision have been approved and all building permits for the subdivision have been issued:
• Monthly pumping volumes from each community production well shall be reported to the PCD semiannually;
• Water level and piezometric level monitoring is required for all projects using community or commercial wells. The purpose of this monitoring is to develop historical data of long-term water level changes. Measurements will usually be taken monthly. Monitoring shall be done in accordance with a monitoring plan approved by the County Hydrogeologist. It is anticipated that most monitoring programs will use existing wells. Deep bedrock wells may not be required for monitoring purposes only; and
• All required water level monitoring devices shall be maintained in good working order and the wells shall be available to County staff at reasonable times for water level measurements. The water supplier will be responsible for maintaining the water level monitoring devices.
(E)
Substantial Change In Water Supply.
(1)
Substantial Change Requires Compliance. A substantial change in the water supply for a subdivision shall require compliance with this Section. A substantial change to the water supply includes, but is not limited to, the following:
• A change in the source of water which would result in a substantial decrease in the quality, quantity or dependability of the water supply;
• A change in the subdivision which would result in an increase in the annual water demand exceeding 10%;
• A change from a central water system to individual wells;
• A change from individual wells to a central water system;
• A change that causes modifications to an approved and recorded subdivision plat, covenants as they relate to water supply, a decree, or an augmentation plan;
• A change that results in the water being supplied from a different aquifer from that which was proposed in the review and approval of the subdivision; or
• A change from a renewable source of water to a non-renewable source which would provide less than a 300 year water supply.
(2)
Administrative Determination of Whether Change is Substantial. The administrative determination whether the change in water supply is considered substantial shall be made by the PCD Director, in consultation with OCA and County staff. Factors to consider in this determination include, but are not limited to:
• The percent increase or decrease in water demand or water availability; or
• The absolute quantity increase or decrease in the water demand or water availability.
(3)
Substantial Change Requires New Final Plat Submittal. In the event that the change is determined to be substantial, the application for a substantial change in water supply may be a customized submittal as determined by OCA and County Staff, and processed as a platting action which may require submittal of new plat documents, and which is subject to approval by the Board of County Commissioners.
(4)
Administrative Approval of Change Granted. In the event that the change is determined to be not substantial, administrative approval of the change may be granted along with any other modifications to implement the administrative approval.
8.4.8. Wastewater Disposal
(A)
General.
(1)
Purpose. The purpose of this Section is to establish the wastewater disposal provisions at the sketch plan or preliminary plan stage of subdivision development and ensure conformance of wastewater disposal with this Code at the time of approval of the final plat.
(2)
Applicability. This Section shall apply to all development applications for subdivision and any other action that creates a new lot or parcel.
(B)
Minimum Standards.
(1)
General.
(a)
Central Wastewater System Required. A central wastewater system is the required method of wastewater collection and treatment in all new subdivisions or zoning districts with a density greater than one dwelling unit per 2½ acres or where lot sizes are less than 2½ acres. Every reasonable effort shall be made to provide a central wastewater system.
(b)
Compliance with EPCPH Regulations. All wastewater disposals shall comply with the EPCPH regulations and the CDPHE guidelines, as applicable.
(c)
Favorable Recommendation from EPCPH Required. The EPCPH is considered the County's expert concerning the adequacy of a proposed sewage treatment system. No sketch or preliminary plan or final plat shall receive the approval of the BoCC unless EPCPH has made a favorable recommendation regarding the proposed method of sewage disposal.
(d)
Wastewater Treatment to Meet Requirements of this Section. In addition to the requirements of the EPCPH, the provisions of this Section shall be used to evaluate the adequacy of the wastewater treatment system intended to serve a proposed subdivision.
(e)
New and Replacement Systems Designed to Minimize Flood Impacts. New and replacement wastewater systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood water.
(C)
Onsite Wastewater Treatment Systems (OWTS).
(1)
Burden of Proof on Subdivider to Show OWTS Effective. The burden of proof for showing that an OWTS meets the spirit and intent of this Section shall be on the applicant. Reports, data, and other evidence shall illustrate that the subdivision, at a minimum, achieves the following:
• Non-contamination of surface or subsurface water resources;
• Non-interference with water resources of adjoining lots. The standard for determining interference shall be the probability of well deepening or the necessity to remove land from agricultural use;
• Non-interference with the enjoyment, use, or utility of adjoining land by virtue of pollution, odor, health hazard or water usage. Placement of leach fields within the cone of influence of a well shall constitute interference, unless otherwise approved by the EPCPH;
• Lot sizes compatible with the limitations inherent in soils, geologic, and hydrologic characteristics of the site. Lot sizes in excess of 5 acres may be required in areas in which site characteristics dictate larger lots; and
• Compliance with any physical setback requirements of the EPCPH regulations.
(2)
Two OWTS Sites Required for All Lots or Parcels. All lots shall be designed to insure that each lot has a minimum of 2 sites appropriate for OWTS which do not fall in the restricted areas identified on the preliminary plan, soils and geology report, or other reports required under this Code.
(D)
Public System.
(1)
Evidence Provision Made for System. If a public sewage disposal system is proposed, evidence shall be provided with the preliminary plan or final plat to establish that provision has been made for the system that complies with State and local laws and regulations.
(2)
Public System Operated in Conformance with Regulations. At the time of preliminary plan submittal and final plat recording, the public sanitation district or company shall be operating in compliance with State and County regulations, or shall have received approval of a service plan in accordance with C.R.S. §§ 32-1-201, et seq., and approval of location or a 1041 Permit in accordance with Appendix B and site application in accordance with State regulations.
(3)
Plans for Off-Site and New Facilities. The construction drawings shall include any plans and specifications for off-site facilities and any new facilities proposed within any existing or proposed County right-of-way.
(4)
Construction Costs. The construction costs for wastewater facilities including any required wastewater lift stations or off-site facilities necessary to serve the subdivision which are not guaranteed by the wastewater provider or which are not the responsibility of the wastewater provider shall be included in the construction surety estimate required by the ECM and this Code.
(E)
Report Requirements.
(1)
General.
(a)
Wastewater Disposal Report Required. All sketch plans, preliminary plans, and final plats submitted for review shall be accompanied with a wastewater disposal report. The requirements of the preliminary plan report shall not be deferred or postponed until the final plat application.
(b)
New Report Not Required. A final plat is not required to be accompanied by a new report where a wastewater report was previously approved, unless there are modifications to the report.
(c)
Letter of Commitment Required. A letter of commitment is required for all final plats involving creation of new lots within an area served by a public sewer system.
(d)
Professional Engineer Required to Prepare Report. The wastewater disposal report shall be prepared by a professional engineer licensed to practice in the State of Colorado.
(2)
Types of Reports.
(a)
Sketch Plan Report. The following information shall be included in the wastewater report submitted with the sketch plan application:
• Map showing relative location of point of connection to an existing system;
• Map showing relative location of the existing or proposed treatment facility;
• Estimate of projected population, units, and density, as related to wastewater production on an average daily basis;
• Capacity of the existing treatment plant and current utilization;
• Anticipated capacity of any proposed treatment plant; and
• Letter of commitment from the wastewater provider proposed for service, with identification of whether the sketch plan area is within the service boundaries of the proposed provider.
(b)
Preliminary Plan Report. The following information shall be included in the wastewater report submitted with the preliminary plan application:
• All items required to be included with the sketch plan report; and
• Letter of commitment from the wastewater provider proposed for service, which includes whether the preliminary plan area is within the service boundaries of the proposed provider, and a statement by the wastewater provider that adequate capacity exists or will exist in order to provide service.
(c)
Final Plat Report. The following information shall be included in the wastewater report submitted with the final plat application:
• Unless previously provided with a preliminary plan application for the property, all items required to be included with the sketch plan report; and
• Unless provided with the preliminary plan, a Letter of Commitment from the wastewater provider proposed for service, which includes information indicating that the land has been included into the boundaries of the provider's service area, or that contractual arrangements for service have been met.
(d)
OWTS Report.
(i)
General Requirements. The following shall be fully addressed in or submitted with an OWTS Report. The EPCPH may require the subdivider to submit additional engineering or geological applicant reports or data and to conduct a study of the economic feasibility of service by central sewage system prior to making its recommendations.
• A map, drawn at the same scale as the preliminary plan, locating all lots, drainage-ways, floodplains, slopes in excess of 30%, surface and sub-surface soils hazards, geologic hazards, depth to bedrock, water table depth, and other hazards;
• Soil conditions, NRCS soils classification, slope of the terrain, undergroundwater table, subsurface rock, and limitations on site location of the system;
• Conditions which may cause deleterious effects to systems in the area, such as runoff or irrigation;
• The availability of a central sewage system and the feasibility of inclusion into the system;
• The proximity of water wells, lakes, streams, irrigation ditches, and other water sources in the area being subdivided;
• Soils test including a minimum of one percolation test per standard soils category. Additional tests may be required if necessary to evaluate the site. Conditions requiring additional tests shall include presence of steep slopes or major drainage channels in the area being subdivided. The percolation test procedure shall comply with the OWTS regulations.
• All test sites shall be clearly flagged in order that reviewing agencies may make field checks of test locations;
• Groundwater profile including an 8 foot deep soil/groundwater profile analysis at the site of each percolation test; and
• A narrative summary of the conditions of the land to be subdivided including any precautions to developers and residents, construction constraints, and special problems foreseen by the engineer: (1) all locations not suited for placement of leach fields due to soils, geologic, topographic, or hazard conditions shall be noted on the preliminary plan and final plat; (2) relationship of the leach fields to leach fields, wells, structures, lakes, streams, irrigation systems, and other water features on adjoining parcels and identification of any possible hazards; and (3) if private wells are to be utilized in conjunction with OWTS, the probability of contamination shall be analyzed.
(ii)
Additional Requirements for Lot Sizes Between 2½ and 5 Acres. For lots of between 2½ and 5 acres where OWTS are proposed, the wastewater disposal report shall additionally address the following:
• Percolation tests conducted for no fewer than 20% of the total number of lots in the filing. In cases in which unique geologic, topographic, or soils conditions, such as: depth to bedrock, depth of water, slopes in excess of 10%, etc. are found, additional tests may be required; and
• An analysis of the availability of a central sewage system and the feasibility of service by a central sewage system. If there is a central sewage system within one mile of the proposed subdivision, or if the subdivision is within an organized sewage district or municipal service area, the applicant shall submit documentation that the district or municipality is incapable of serving the site or that the costs of service are prohibitive.
(iii)
Additional Requirements for OWTS on Lots Within 400 Feet of a Sewer Line. When a subdivision is proposed that is within 400 feet of a sewer line or triggers the connection requirements of the OWTS regulations, the following additional requirements apply:
• The EPCPH requires connection to the central system unless the district refuses service to the property;
• Should the district accept the service connection from outside the district boundaries, then connection is required by the EPCPH, unless otherwise approved; and
• The owners of any lot that meets this description are required to apply to the EPCPH for an OWTS to repair or replace a failing approved secondary leach field area.
8.4.9. Geology and Soils Standards and Reports
(A)
Geology and Soils Report Required.
(1)
Required with Sketch Plans and Preliminary Plans. All sketch plans and preliminary plans submitted for review shall be accompanied by geology and soils report. Where a preliminary plan is not required or where a geology and soils report has never been reviewed, the applicant may be allowed to utilize a modified report requirement, as determined by the PCD Director.
(2)
Previously Submitted. Where a geology and soils report has been completed and reviewed at an earlier stage of the subdivision review process, a new report may not be required if in the determination of the PCD Director the existing report provides the level of site specific detail necessary to review the subdivision application, and the recommendations of the report and CGS have been followed in the preparation of the preliminary plan.
(B)
General.
(1)
Prepared by Professional Geologist. The geology and soils report shall be prepared by, or under the direction of, a professional geologist, as defined by State Statute.
(2)
Combined with Wastewater Disposal Report. The geology and soils report requirements of this Section and wastewater disposal report may be combined in a single report.
(3)
Roads, Drainage, Trail Improvements Avoid Natural Hazards. Roads, drainage improvements and trails shall be constructed away from geologic hazards or protected from geologic hazards in accordance with the provisions of the ECM.
(4)
No Interference with Extraction of Commercial Mineral Deposits. Development of the subdivision shall not interfere with the extraction of any known commercial mineral deposit as defined in C.R.S. § 34-1-302(1).
(C)
Report Requirements.
(1)
Data to be Complete to Allow Review. It is recognized that certain geologic interpretations cannot be firm or complete, at least in advance of grading operations, but it is expected that all pertinent data will be presented fully and clearly so that interpretations and recommendations can be critically reviewed by others.
(2)
Issues to be Addressed by Report. The following concerns shall be fully addressed in the geology and soils report. If any of these items are addressed in other reports, reference may be made to the appropriate reports.
(a)
Mapping.
(i)
Large-Scale Map Required. A detailed large-scale map is required for geology and soils report on a tract or smaller area in which the geologic relationships are not simple.
(ii)
Structure Sections Required. Where three-dimensional relationships are significant but cannot be described satisfactorily in words alone, the geology and soils report should be accompanied by one or more appropriately positioned structure sections.
(iii)
Test Hole Locations Mapped. The locations of test holes and other specific sources of subsurface information should be indicated on the map and on any sections that are submitted with the geology and soils report, or, if none are submitted, in the text of the geology and soils report.
(b)
General Information. The geology and soils report should include definite statements concerning the following matters:
• Location and size of subject area and its general setting with respect to major geographic and geologic features;
• Who did the geologic mapping on which the report is based and when the mapping was done;
• Any other kinds of investigations made by the geologist and, where pertinent, reasons for doing the work;
• Topography and drainage in the subject area;
• Abundance, distribution, and general nature of exposures of earth materials within the area; and
• Nature and source of available subsurface information. Suitable explanations should provide any technical reviewer with the means for assessing the probable reliability of the data. Subsurface relationships can be variously determined or inferred, for example, by projection of surface features from adjacent areas, by the use of test hole logs, and by interpretation of geophysical data. It is evident that different sources of the information can differ markedly from one another in degree of detail and reliability according to the method used.
(c)
Geologic Descriptions. The geology and soils report should contain brief but complete descriptions of all natural materials and structural features recognized or inferred within the subject area. Where interpretations are added to the recording of direct observations, the basis for the interpretations should be clearly stated. The following checklist may be useful as a general, though not necessarily complete, guide for descriptions:
(i)
Bedrock (Igneous, Sedimentary, Metamorphic Types).
• Identification as to rock type (e.g., granite, silty sandstone, mica schist);
• Relative age, and where possible, correlations with named formations;
• Distribution;
• Dimension features (e.g., thickness, outcrop breadth, vertical extent);
• Physical characteristics (e.g., color, grain size, nature of stratification, foliation, or schistocity, hardness, coherence);
• Special physical or chemical features (e.g., calcareous or siliceous cement, concretions, mineral deposits, alteration other than weathering);
• Distribution and extent of weather zones; significant differences between fresh and weathered rock; and
• Response to natural surface and nearsurface processes (e.g., raveling, gullying, and mass movement).
(ii)
Structural Features. The geology and soils report should contain brief descriptions of the structural features, stratification, foliation, schistocity, folds, and zones of contortion or crushing, joints, shear zones, faults, etc., including information about:
• Occurrence and distribution;
• Dimensional characteristics;
• Orientation and shifts in orientation;
• Relative ages (where pertinent);
• Special effects on the bedrock (Describe conditions of planar surfaces); and
• Specific features of faults (e.g., zones of gouge and breccia, nature of offsets, timing of movements) and whether faults are active in either the geological sense or the historical sense.
(iii)
Surficial (Unconsolidated) Deposits. The geology and soils report should contain brief description of surficial deposits include artificial (man-made) fill, topsoil, stream-laid alluvium, beach sands and gravels, residual debris, lake and pond sediments, swamp accumulations, dune sands, marine and non-marine terrace deposits, talus accumulations, creep and slopewash materials, various kinds of slump and slide debris, etc., including the following information:
• Distribution, occurrence, and relative age; relationships with present topography;
• Identification of material as to general type;
• Dimensional characteristics (e.g., thickness, variations in thickness, shape);
• Surface expression and correlation with features such as terraces, dunes, undrained depressions, anomalous protuberances;
• Physical or chemical features (e.g., moisture content, mineral deposits, content of expansible clay minerals, alteration, cracks and fissures, fractures);
• Physical characteristics (e.g., color, grain size, hardness, compactness, coherence, cementation);
• Distribution and extent of weathered zones; significant differences between fresh and weathered material; and
• Response to natural surface and near-surface processes (e.g., raveling, gullying, subsidence, creep, slope-washing, slumping, and sliding).
(iv)
Drainage of Surface Water and Groundwater. The geology and soils report should contain information about surface and groundwater including:
• Distribution and occurrence (e.g., streams, ponds, swamps, springs, seeps, subsurface basins);
• Relations to topography;
• Relations to geologic features (e.g., previous strata, fractures, faults);
• Sources and permanence;
• Variations in amounts of water (e.g., intermittent spring and seeps, floods);
• Evidence for earlier occurrence of water at localities now dry; and
• The effect of water on the properties of the in-place materials.
(v)
Features of Special Significance. The geology and soils report should describe features of special significance including:
• Features representing accelerated erosion (e.g., cliff reentrants, badlands, advancing gully heads);
• Features indicating subsidence or settlement (e.g., fissures, scarplets, offset reference features, historic records and measurements);
• Features indicating creep (e.g., fissures, scarplets, distinctive patterns of cracks or vegetation, topographic bulges, displaced or tilted reference features, historic records and measurements);
• Slump and slide masses in bedrock or surficial deposits; distribution, geometric characteristics, correlation with topographic and geologic features, age and rates of movement;
• Deposits related to recent floods (e.g., talus aprons, debris ridges, canyon-bottom trash); and
• Active faults and their recent effects on topography and drainage.
(vi)
Mineral Resources. The geology and soils report should contain brief description of mineral resources including the identification of the types, location and value of mineral resources within the land to be subdivided. These include, but are not limited to, limestone used for construction, coal, sand, gravel, and quarry aggregate, for which extraction by an extractor is or will be commercially feasible, or which is a deposit having significant economic or strategic value to the County, state, or nation. Any area known to contain a commercial mineral deposit shall not be subdivided until the deposit is extracted, unless the BoCC finds that extraordinary environmental damage or public hazard results from the extraction.
(d)
Bearing of Geologic Factors on the Intended Land Use. Treatment of this general topic, whether presented as a separate section or integrated in some manner with the geologic descriptions, normally constitutes the principal contribution of the geologic and soils report. It involves: (1) the effects of geologic features on the proposed grading, construction, and land use; and (2) the effects of these proposed modifications on future geological processes in the area. The following checklist includes the topics that ordinarily should be considered in submitting discussion, conclusions, and recommendations in the geologic reports:
(i)
Compatibility with Proposal. General compatibility of natural features with proposed land use related to:
• Topography;
• Lateral stability of earth materials;
• Problems of flood inundation, erosion, and deposition;
• Problems caused by features or conditions in adjacent properties; and
• Other general problems.
(ii)
Proposed Cuts.
• Prediction of what materials and structural features will be encountered;
• Prediction of stability based on geologic factors;
• Problems of excavation (e.g. unusually hard or massive rock, excessive flow of groundwater); and
• Recommendations for reorientation or repositioning of cuts, reduction of cut slopes, development of compound cut slopes, special stripping above daylight lines, buttressing, protection against erosion, handling of seepage water, setbacks for structures above cuts, etc.
(iii)
Proposed Masses of Fill.
• General evaluation of planning with respect to canyon-filling and sidehill masses of fill;
• Comment on suitability of existing natural materials for fill; and
• Recommendations for positioning of fill masses, provision for underdrainage, buttressing, special protection against erosion.
(iv)
Onsite Waste Disposal (if applicable).
• Soil types, depths, distributions and relationship to bedrock;
• General slope conditions, and limitations of slope to building sites and disposal sites; and
• Present and expected percolation rates.
(v)
Recommendations for Subsurface Testing and Exploration.
• Cuts and test holes needed for additional geologic information; and
• Program of subsurface exploration and testing, based on geologic considerations that are most likely to provide data needed by the soils engineer.
(vi)
Special Recommendations.
• Areas to be left as natural ground;
• Removal or buttressing of existing slide masses;
• Flood protection;
• Problems of groundwater circulation; and
• Position of structures, with respect to active faults.
(e)
Report Modification. Where a report modification is authorized by the PCD Director such as in the instance of a minor subdivision, the report is not required to be prepared by a professional geologist but shall include information regarding the following:
• Streams, lakes, topography, and vegetation;
• Geologic characteristics of the area and a determination of the impacts of the characteristics on the proposed subdivision;
• Suitability of types of soil in the proposed subdivision, including where appropriate, maps and tables in accordance with any standard soil classification; and
• Identification of potential radiation hazards, where applicable.
(D)
Relationship to ECM. In addition to these requirements, the ECM requires soils investigation reports and mitigation and outlines the basic criteria and procedures for soils investigations associated with construction of subdivision improvements.
(E)
Referral to and Resolution of Issues Raised by the CGS. The geology and soils report will be referred to the CGS for review and recommendations. The applicant is responsible for payment of fees associated with the review by the CGS. The applicant is responsible for resolution of issues raised by the CGS, to the satisfaction of the PCD Director.
(F)
Effect of Approval. The geology and soils report will be maintained in the subdivision file, available for public viewing. The applicant is responsible for implementation of the report recommendations and review agency recommendations to the satisfaction of the PCD Director. The resolution of an issue may be in the form of modification of the development design to mitigate the hazards, placement of notes on the plat to advise buyers of the hazard, restrictions on construction within a lot or within the subdivision, or a determination that the hazard may be mitigated by specialized engineering or construction techniques and identification of who is responsible for the mitigation.