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The intent of this Section is prevent water that leaves a property from contributing to and/or creating a deterioration in quality or impact to other uses and/or other waters unless explicitly allowed (and within the conditions of) State or Federal approval and after it is shown to be entirely necessary as part of the regular operation of the use. Included is the control of stormwater on-site so that waters can be managed via catchments, gravel beds and other best-management practices. Drainage is to be incorporated into the design of developments to prevent erosion and resulting sediment, and land and/or water deterioration. In addition construction on lands that are moist or collect waters such that they can be considered bogs or wetlands may have limited building potential because encroachment may adversely affect the wetlands’ ability to maintain water quality, provide wildlife habitat, provide flood protection and maintain other critical environmental functions. When encroachment cannot be avoided mitigation of the impacts resulting from encroachment may be required.
280.2 Water Protection
Development shall comply with all local, state and federal water quality standards including, but not limited to, those regulating erosion and sedimentation, storm drainage and runoff control, solid wastes and hazardous substances.
Addressing water quality impact during design, construction and occupancy phases of development can reduce impact by identifying potential pollution sources and selecting and implementing best-management practices. When determined necessary by the administrators, applicants for development must submit a Water Quality Management Plan that identifies potential sources of water pollution (including sediment and chemical sources), describes potential best- management practices for minimizing these pollutants, and proposes a plan for implementation of selected strategies to mitigate reasonably foreseeable problems. Examples of potential best-management practices include minimizing directly connected impervious areas, grass-lined swales, constructed wetlands, landscaping and vegetative practices, fertilizer management, buffers and setbacks from sensitive areas, and maintenance and housekeeping procedures.
Drinking water sources such as the White River, its tributaries and reservoirs must be given the highest achievable level of environmental protection. Based on a development’s potential to impact water quality, monitoring may be required. Monitoring of drinking water sources for chemical, biological, and other contamination including sediment transport, and quality management reports addressing the need to know whether a water source is being impacted, can be required as a condition of an approval for development.
280.3 Stormwater and Drainage
Developments and/or subdivisions are responsible for managing stormwater and irrigation drainage so as to not impact surrounding property and uses. No development is permitted to operate in a manner that creates drainage of stormwaters that endangers life or property of an adjacent use. As applicable, dedicated facilities for stormwater retention and/or to pass drainage to an acceptable point of discharge are required for all types of development when features are developed that could create excessive water runoff because of rainfall or irrigation. Unless otherwise determined unreasonable by the administrators, all stormwater shall be maintained on the site of development. Adequate facilities may consist of natural and/or man-made ponds, drainages, wetlands, channels, or pervious surfaces that do not create standing waters that contribute to nuisance situations such as promoting the breeding of mosquitoes. To be adequate, facilities must be legally and physically acceptable.
Water quality impacts during the construction phase of a project or from the open lot areas of industry may include erosion and sedimentation, deposition of wind blown debris, and release of hazardous materials such as fuels or other chemicals used in construction and industrial processes. Applicants for development must submit the following documents regarding control of water quality impacts.
If the construction project or industrial site will disturb one or more acres, a Stormwater Management Plan prepared in accordance with the current Construction Guidance Document: Preparing a Stormwater Management Plan from the Water Quality Control Division, Colorado Department of Public Health and Environment, is required. The purpose of a Stormwater Management Plan is to identify potential pollution sources, select appropriate best-management practices and design implementation strategies. Guidelines regarding best-management practices are included in the Construction Guidance document. The Town shall review and approve the Construction Stormwater Management Plans.
If the construction project or industrial site will disturb less than one acre, the administrators will determine if a Stormwater Management Plan is required based on site considerations such as slope and soil type.
Activities are to be carried out so as to not create hazards or water quality impacts due to excessive erosion of soils by excessive wetting, or building in known hazard areas. The Town may require adequate erosion control measures to be taken during and post construction. Erosion control may be required regardless of whether a Stormwater Management Plan is required based on the site and slope. An erosion control plan may be required.
280.5 Bogs and Wetlands
When review of a development proposal indicates the presence of a bog or wetland, consideration of potential impact of development on such site shall be addressed in the Stormwater Management Plan. Consideration shall include the impact of construction over the lands (subsidence) and the loss of land as a function in how the broader hydrologic system operates. If it can be clearly demonstrated that the land is a bog, whereby the wet area can be developed without consequence for the broader area and stormwater and/or there are no reasonably foreseeable structural construction problems, the development can move forward without regard for the wetland. If the wetland contributes to the areas hydrologic function or will result in a structural problem, a plan of mitigation shall be developed as part of the overall development.
The intent of this Section is to provide for the orderly and sanitary disposal of waste materials (materials that are of longer use and require disposal, remanufacture, or transformation) and the prevention of these materials of waste from leaving property and contributing to and/or creating a deterioration through pollution and/or nuisance to the well-being of other uses and/or other properties unless explicitly allowed (and within the conditions of) State or Federal approval and after it is shown to be entirely necessary as part of the regular operation of the use.
281.2 Solid Waste
All waste generated or brought into the Town shall be disposed of in compliance with local, state, and federal regulation and/or all permit requirements.
It is not permissible to burn such solid waste as chemicals, oils, greases, fats, plastics, plastic-coated papers, rubber, vinyl, paints, varnishes, CCA and treated lumbers, and other associated materials as a method of disposal. Yard and woody wastes such as leaves, wood, and brush are exempt from this provision.
Junk such as automobiles, trailers, trucks, RVs, farm implements and excess equipment must serve a purpose relevant to the use and/or be part of the permitted use otherwise these materials are considered storage of junk autos and equipment. Properties where it is determined that junk autos and/or equipment is being stored in violation of this LUC must come into conformance with the use type representative of the activity; otherwise, items shall be required to be removed from the property.
281.4 Compost, Recycling Post Consumer Waste, Household Hazardous Waste
281.5 Hazardous Waste Treatment and Disposal
All facilities that generate more than 100 kilograms of hazardous waste per month or one kilogram of acute hazardous waste must notify the Town as to how their hazardous waste activities are regulated. Facilities for the treatment, storage, and/or disposal of regulated hazardous waste, handling of used oil (not just generate), or management of large quantities of universal waste that import hazardous waste from outside the Town, generate mixed hazardous and radioactive waste, burn hazardous waste in a boiler or industrial furnace, and/or recycle hazardous waste must also notify the Town of these activities. Notification is necessary as any of theses activities require a Conditional Use Permit to operate within the Town limits.
The intent of this Section is prevent air that leaves a property from contributing to and/or creating a deterioration in quality of air for other uses and/or other air unless explicitly allowed (and within the conditions of) State or Federal approval and after it is shown to be entirely necessary as part of the regular operation of the use. Included is the control of odor and dust on site so that air quality (and water quality) are not impacted.
Activities that have the potential to produce offensive odors beyond their property boundary, whether due to the keeping of animals, chemicals and/or any other odor-producing items, are to be carried out so as to not create offensive odors. This Section is not to be interpreted to limit any common and normal activity of agricultural operations or those in a rural residential setting, but this does not mean that agricultural or rural residential operations can flaunt the performance provision of this part. The determination of whether a use is producing an offensive odor shall be determined by the Town Manager after a site review with a minimum of, but not limited to, three Planning Commission Members over three visits covering a 24 hour period. If, after this review, the majority of those who did the site visits find that the odor offensive the problem shall be handled as a nuisance.
282.3 Air pollutants
Developments must comply with all local, state and federal air quality standards and must reduce potential emissions where feasible. The emission of heat, glare, radiation, odors, exhausts, and fumes shall not be obnoxious or dangerous beyond any point of any boundary line of the lot on which the use is located unless allowed under permitted conditions.
282.4 Minimizing Air Quality Impacts
282.4.1 Development can create air quality impacts related to the size and scope of a project. Addressing air quality impacts at the design phase of a development can significantly reduce air emissions over the life of a project. Applicants for development involving more than 200 dwelling units, or more than 2,000 projected vehicle trips per day, must submit an air quality mitigation plan addressing how air quality impacts will be minimized.282.4.2 The Air Quality Management Plan must identify potential sources of air emissions, identify possible strategies for minimizing emissions and propose a plan for implementing those strategies. The strategies must include methods that are available, feasible and economically reasonable. Examples of mitigation strategies include providing transit stops; bike and walking paths; restricting wood or coal-burning fireplaces; paving roads; and co-locating neighborhood-level retail services within developments.
282.5 Fugitive Dust During Construction
282.5.1 Colorado air quality laws contain requirements for controlling fugitive dust emissions during construction activities. When applicable the Town Council shall approve of a dust mitigation plan as part of the Final Plat or Site Plan.282.5.2 Developments must comply with the following standards:
2126.96.36.199. Developments that involve clearing up to 25 acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable to minimize dust emissions. For development in this category, a fugitive dust control plan may be required with the Final Plat or Site Plan application.2188.8.131.52. If a development disturbs more than 25 acres or exceeds six months in duration, State air quality regulations require a fugitive dust control plan, an air pollution emissions notice, and a permit from the Colorado Department of Health and Environment. For proposals in this category, a fugitive dust control plan must be submitted with the Final Plat or Site Plan application and a state permit must be obtained prior to any construction activity.2184.108.40.206 Regardless of the size or duration of development, all land disturbances must be conducted so nuisance conditions are not created. If dust emissions do create a nuisance, a fugitive dust control plan will be required to be developed and implemented.
282.6 Compliance with Air Pollution Control Regulations
282.6.1 In Colorado, land uses with the potential to emit air pollutants above certain defined limits must report those potential emissions and obtain an Air Emission Permit. The permit program is administered by the Air Pollution Control Division, Colorado Department of Public Health and Environment.282.6.2 Developments that have emission sources regulated under state regulations must submit the following documentation regarding control of air emissions:
2220.127.116.11 An Air Pollution Emissions Notice, prepared in accordance with state guidelines. This notice must be submitted to the Town and State and must identify potential air emissions and appropriate control strategies.218.104.22.168 A Colorado Air Emissions Permit if required. This permit must be submitted to the Town and/or permitted by the State to operate prior to operating the facility.
The intent of this Section is to provide for wildlife mitigation measures that may be adopted as part of the approval process before projects are constructed on the fringes of Town and/or the result of annexation. Items that may be considered shall include but are not limited to:
283.2 Wildlife Habitat
Wildlife habitat information is intended for general planning purposes as an indicator of areas where further study may be necessary and to provide information during application review. Sources and information such as, but not limited to, the Colorado Division of Wildlife habitat maps for Rio Blanco County shall be consulted to determine if standards of this section should apply to development.
283.3 Division of Wildlife Review
When determined necessary or required by sections of this LUC the administrators shall request comments by the Division of Wildlife (DOW) on a development. Based on the Division of Wildlife site investigation and recommendations to the Town as to whether the proposal will result in significant adverse impacts on wildlife or wildlife habitat, based on the Wildlife Development Standards of this Section and other applicable Development Criteria, the administrators will determine whether a Wildlife Conservation Plan shall be submitted as part of the development plan. If a Wildlife Conservation Plan is required, it will be referred to the Division of Wildlife for review and recommendation as to whether the plan successfully addresses the adverse impacts of the proposal on wildlife or wildlife habitat.
283.4 Wildlife Development Standards
All new development must be designed so it does not adversely impact wildlife and wildlife habitats or that such adverse impacts have been avoided or mitigated to the maximum extent practicable. For proposed developments that will or may have an adverse impact on wildlife and wildlife habitats, an approved Wildlife Conservation Plan is required. In general and as shall be addressed in a Wildlife Conservation Plan, the following standards apply:
283.4.1 All development must have a minimum setback of 100 feet from any identified important wildlife habitat area unless the Division of Wildlife specifies a greater distance based on the presence of specified wildlife species.283.4.2 Only plant species native to Western Colorado or that are on an approved list determined by the Rio Blanco County Weed Department, may be introduced on sites containing important wildlife habitat areas. To the maximum extent feasible, existing herbaceous and woody cover on sites must be maintained and removal of native vegetation must be minimized. Only animal species approved by the Division of Wildlife may be introduced on sites containing important wildlife habitat areas.283.4.3 Developments on sites containing important wildlife habitat, such as black bear, must use DOW-approved animal-proof refuse disposal containers.283.4.4 Fencing on sites containing important wildlife habitat must be of the type that does not impact wildlife. This fencing should be constructed appropriately and of a proper height (either high or low) appropriate for the wildlife species on the site based on advice from the Division of Wildlife (Note: All fences over 6 feet high require review by the Building Department to determine if a building permit is required).283.4.5 Development applications for property that includes important wildlife habitat must include a plan with specified enforcement measures for the control of domestic animals and household pets. The plan must include provisions to prevent the harassment, disturbance and killing of wildlife and to prevent the destruction of important wildlife habitat.
b Use of exterior lighting must be minimized in areas of important wildlife habitat. Lighting must be designed so it does not spill over onto habitat. All exterior lighting must be in conformance with the standards of this LUC.
283.5 Wildlife Development Review Criteria
In determining if a new development will or may have an adverse impact on wildlife and wildlife habitats or that such adverse impacts have been avoided or mitigated to the greatest extent practicable, the Planning Commission will consider the following:
283.5.1 Impacts on wildlife species, including but not limited to human-related activities (including impacts from domestic pets) that disrupt necessary life cycle functions of wildlife or cause stress on wildlife to the extent that the health and viability of a species is threatened in the area. Assessment of significant impacts will be based on the following:
Activities in previously undisturbed areas involving any combination of humans, pets, and machines or equipment that disturb or harass an individual animal, group of animals or wildlife species.
Site development or activities that disrupt necessary life-cycle functions resulting in stress to the extent that physiological damage is done to an individual animal, group of animals or wildlife species. Examples include, but are not limited to, introduction of non-native vegetation; excessive use of fertilizers and other chemicals; placement of structures in close proximity to nesting and feeding areas; and excessive exterior lighting;
Species’ reliance on specific, unique habitat features such as riparian areas that may be affected.
Mitigation efforts that directly address the potential adverse impacts of the proposed land use on wildlife species including, but not limited to, controls on domestic animals and household pets; restrictions on types and intensity of lighting; clustering of development to avoid intrusion into or fragmentation of habitat; and creation of buffers around critical areas.
283.5.2 Impact on wildlife habitat including, but not limited to, elimination, reduction or fragmentation of wildlife habitat to the extent that the viability of an individual species is threatened in the County and the diversity of wildlife species occurring in the County is reduced. Assessment of significant impacts will be based on the following:
The amount of vegetation/habitat removal or alteration within the development site.
The amount of habitat of similar type and quality within the development site that remains contiguous.
The existing and proposed amount of lot coverage.
The existence of contiguous habitat of similar type and quality on adjoining land.
Mitigation efforts that directly address the potential adverse impacts of the proposed land use on wildlife species including, but not limited to,clustering of development to avoid intrusion into or fragmentation of habitat; creation of buffers around critical areas; limits on the amount of disturbance on a site; restrictions on vegetation removal; and enhancement or restoration of equivalent habitat on or adjacent to the site.
283.5.3 Impact on wildlife movement patterns/displacement and adaptation of wildlife populations including, but not limited to, disruption of necessary migration or movement patterns that keep wildlife from using their entire habitat to the extent that the health and viability of a species is threatened in the County. Displacement of wildlife species into areas that cannot support or sustain the species over the long term to the extent that the health and viability of a species is threatened in the County, and the inability of wildlife species living within or in close proximity to development to adapt and thrive to the extent that the health and viability of the species is threatened in the County. Assessment of significant impacts will be based on the following:
Preventing wildlife from using a habitat they would normally use, such as blocking migration patterns from summer to winter range.
Causing wildlife to find new routes that expose them to significantly increased predation, interaction with motor vehicles, intense human activity or more severe topography and climatic conditions.
The size of the affected habitat and availability of similarly-sized and quality habitat within the surrounding area.
The human activity and development that would result in the inability of a single or multiple species to adapt to the new conditions.
Inability of the specie(s) to adapt to significant alteration of their current habitats or to find a new habitat that is sufficient to sustain the specie(s) over the long term.
Mitigation efforts that directly address the potential adverse impacts of the proposed land use on wildlife species including, but not limited to clustering or location of development to avoid intrusion into migration or movement areas; creation of buffers around critical areas; limits on fencing that might interfere with migration and movement patterns; and enhancement or restoration of equivalent habitat on or adjacent to the site.
283.5.4 Uniqueness of habitat and species to the region including, but not limited to, elimination, reduction, or fragmentation of important wildlife habitat that is identified as unique to the region in that it supports wildlife species that do not commonly occur outside the region. This shall apply to the extent that the health and viability of a species is threatened in the region. Assessment of significant adverse impacts will be based on the following:
The extent that habitat similar to that affected by the proposed development exists in the area.
Whether the species does not commonly occur outside the area, as determined by listing by state or federal agencies as threatened or endangered or as determined by the Colorado Division of Wildlife.
Whether the habitat does not commonly occur outside of the area as determined by the Colorado Division of Wildlife.
The extent of the threat to the viability of the species.
The extent of the reduction of the diversity of wildlife species in the area.
Mitigation efforts that directly address the potential adverse impacts.
283.5.5 Cumulative impacts including, but not limited to, cumulative impacts beyond the boundaries of the proposed site such that the wildlife habitat in the area is eliminated, reduced, or fragmented to the point that the viability of individual species is threatened and the diversity of species occurring in the area is reduced. Assessment of significant adverse impacts will be based on the following:
The area, including land outside the project site, in which effects of the proposed project will occur and the impacts of the proposed project that are expected to occur in that area; and
The incremental impact on wildlife habitat and wildlife species of the proposed development added to the past and present impact of other activities and developments so as to avoid intrusion into or fragmentation of habitat; creation of buffers around critical areas; limits on the amount of disturbance on a site; and enhancement or restoration of equivalent habitat on the site of the proposed land use on wildlife species.
283.6 Wildlife Conservation Plans
283.6.1 Plan Preparation
A Wildlife Conservation Plan required by this Section must be prepared for the applicant, at the applicant’s expense, under the direction of a qualified person acceptable to the Town of Rangely who has demonstrated appropriate expertise.
283.6.2 Plan Content
The intent of this Section is to ensure that uses do not produce noise at a level that impacts neighboring properties and/or uses.
The volume of sound generated by a use shall not inherently or recurrently exceed sixty five (65) decibels at any point of any boundary line of the lot on which the use is located. The vibrations generated by this use shall not inherently or recurrently be perceptible without instruments at any point of any boundary line of the lot on which the use is located. Uses that exceed these levels during limited periods of construction are exempt from the provisions of this part if the activity is carried out during daylight hours. Activities that will consistently exceed these noise levels must receive approval from the Town before commencing.
The intent of this Section is the control of noxious weeds and invasive species. Rio Blanco County has regulated the control of noxious weeds since the 1950's for the following reasons:
The administrators shall apply this standard so all approvals that will cause disturbance of the ground or vegetation in the Town, in a manner that may result in the establishment or spread of noxious weeds, is prevented. Application of this standard includes long-term weed management as well as weed control in all phases of construction and revegetation/reclamation efforts.
285.3 Earth Disturbing Activities
Any grading earth disturbance in a noxious weed area shall be done in a manner to minimize the spread of weed seeds or revegetative parts beyond the established perimeters of known noxious weed boundaries. This shall be accomplished in the following manner.
285.4 Revegitation and Reclamation
When a development removes any existing ground cover, it is the developer’s responsibility to seed, plant, or otherwise revegetate the disturbed area(s) by the second year of project completion. All revegetation shall be done according to the Natural Resource Conservation Service, County or other State or Federal government entity standards, as applicable, to reestablish a ground cover that will help prevent the encroachment, establishment and/or spread of noxious weeds. Revegetation efforts shall begin at the earliest practical planting season. Topsoil that is stockpiled for more than one year shall be seeded according to above standards at the earliest practical time to reduce the possibility of noxious weed establishment. All stray hay, mulch or seed or other materials used for soil stabilization and/or revegetation purposes shall be certified weed-free, by a certified inspector, in accordance with Colorado Department of Agriculture standards.
Any approval granted under the provisions of this LUC shall comply with the provisions of this Section. In repeated instances where the County Weed Board finds non-compliance, they may request that the Town Manager ask the Town Council to enforce the provisions of this Section. The Town Council may find that the property is a nuisance and act under the nuisance standard or by authority of the Colorado Noxious Weed Act 35-5.5, CRS. In cases of repeated non-compliance with this Section the Town may require bonding to ensure maintenance, reclamation and control of noxious weeds.
285.6 Noxious Weed List
The Rio Blanco County Commissioners have established the Rio Blanco County Noxious Weed List by authority of the Colorado Noxious Weed Act 35-5.5, CRS. If additional noxious weeds are added to the County or State noxious weed list in the future, all landowners (tenets, etc) are expected to assume the responsibility and control of the noxious weed(s) on their properties. The Current Noxious Weed List for Rio Blanco County, established in 1997 includes: