§ 5.8.6. Principles.

The following principles will be observed in the development and review of land divisions through the rural land use process.

A.

General.

1.

A landowner must be willing to sign a development agreement detailing restrictions on further development and subdivision of the subject property so that the maximum number of dwelling units permitted on the property does not exceed the number approved through the rural land use process.

2.

Unless the landowner requests approval of a smaller number of buildable lots, the number of buildable lots allowed will equal the total acreage divided by 35 (rounded down to the nearest whole number), plus any additional buildable lots allowed pursuant to subparagraph 3 below.

3.

A landowner may be allowed additional buildable lots for providing specific benefits according to the principles stated in section 5.8.6. In no event can the total number of buildable lots and bonus lots exceed one residential unit for each 17.5 acre increment.

4.

Any principal farm or ranch dwelling on the residual land which is approved by the county commissioners pursuant to section 5.8.6.C.3 must be included in density calculations. Any accessory farm or ranch dwellings on the residual land in excess of one approved by the county commissioners pursuant to section 5.8.6.C.3 must be included in density calculations.

5.

Incentives should be provided only to the extent needed, and to assure that any agreement is fair to both the citizens of Larimer County and the landowner while achieving the purposes identified in section 5.8.3.

6.

Subject to the requirements of section 5.8.4.A, plans may be submitted for projects involving two or more parcels, including noncontiguous parcels. Development rights may be transferred between parcels, however the maximum number of dwelling units on the receiving parcel cannot exceed the maximum number of dwelling units allowed by the current zoning of the receiving parcel. In deciding whether to approve projects involving the transfer of development rights, the county commissioners will consider the degree to which the receiving parcel and properties surrounding the receiving parcel benefit from the nondevelopment of the sending parcel.

7.

Any remaining, undeveloped parcel that is not included in a rural land plan must contain at least 35 acres.

B.

Specific siting.

1.

In reaching agreements as to lot sizes, lot separations, contiguity and building envelopes, a parcel of land will be considered individually with attention to its unique qualities and characteristics. The parcel will also be considered in context with surrounding areas.

2.

Residences should be sited in areas deemed compatible with the special characteristics of the specific parcel under consideration as well as surrounding areas. Lot sizes and spacing will depend on the specific site and technical and environmental factors.

3.

Results of specific siting may be:

a.

Dispersed siting: The locating of residential sites on lots smaller than 35 acres which may or may not share common boundaries in order to enhance the special characteristics of the specific parcel.

b.

Clustered siting: Groups of residential sites on lots smaller than 35 acres which may have shared boundaries and result from the evaluation of special characteristics of the specific parcel.

4.

Additional factors which should be considered in siting are:

a.

Type of development currently existing in the surrounding area.

b.

Amount of land being preserved.

c.

Potential environmental impacts.

d.

Agricultural productivity.

e.

Possible public/county value of the parcel.

f.

Community values of the immediate area.

g.

Internal road impacts—new or improved.

h.

Landowner's financial objectives.

i.

Owner's desires for using the land.

j.

Type of restrictions for areas intended to be excluded from development.

k.

Critical areas, including but not limited to:

•

wildlife habitats and migration corridors

•

threatened and endangered species

•

unique vegetation and critical plant communities

•

wetlands/riparian lands/waterways

•

unique geologic features

•

agricultural lands

•

viewscapes

•

cultural/traditional use features

•

areas prone to natural disturbances

•

moderate and/or high wildfire hazard areas

•

groundwater and geologic hazards

l.

Impact on infrastructure.

m.

Water supply requirements.

n.

Wastewater.

o.

Surface and ground water quality.

p.

Trail easements and public open space.

q.

Public lands: proposals for rural land plans may occur next to public lands like state or national forests, state or national parks, national grasslands, wilderness areas, or state wildlife management areas, all of which occur in Larimer County. Management objectives for these public lands will vary depending on the type of protected area. Development proposals may in some cases conflict with area management objectives or create risks for future residents. These problems can be minimized or mitigated if area public land managers are involved in the rural land use process for such proposals. Including public land managers in the early stages of the planning process for a preliminary rural land plan should become a routine part of the rural land use process where applicable. The following issues that may need to be addressed include, but are not limited to:

(1)

If the management for the public land includes the use of controlled or prescribed fire, how the proposed development will affect the public land managers ability to manage fire as a natural process;

(2)

If the management for the public land includes wildlife or game management practices, how the proposed development will affect efforts to protect threatened or endangered species or control predators;

(3)

If the management plan for the public land includes a strategy to control or eliminate exotic plant and animal species or restore native or endemic species, how the proposed development will affect these actions;

(4)

Whether any of the public land management practices mentioned above or others will present a threat to the health, safety or welfare of the residents of the proposed development;

(5)

Whether there are site design criteria or strategies that could preclude or mitigate any of the potential conflicts or problems mentioned above.

Other matters not specifically mentioned above but which may also need discussion include, but are not limited to: grazing management, stock driveways, hunting, mineral extraction, logging, off-road vehicle use, and specialized forms of recreation.

C.

Residual land.

1.

All development proposals must reserve at least two-thirds of the total area of the parcel for the preservation of contiguous undeveloped land, unless the board of county commissioners finds that a noncontiguous arrangement of residual land would be more appropriate in achieving the purposes of the rural land use process as outlined in section 5.8.3. For plans involving noncontiguous parcels, the two-thirds residual land requirement may be met in either of the following two ways:

a.

An area equal to two-thirds of the total area of all parcels may be designated as residual land on one of the parcels; or

b.

An area equal to two-thirds of the area of each individual parcel may be designated as residual land on each of the individual parcels.

2.

Residual land must remain undeveloped for a period of time to be determined by negotiations (the "nondevelopable period"). The nondevelopable period may be any time up to and including perpetuity, but in no event can it ever be less than 40 years.

3.

Residual land will be precluded from additional development by an appropriate legal process, e.g., deed restrictions, covenants, etc. The preliminary rural land plan must designate all existing dwellings located on the residual land. The preliminary rural land plan must also designate any principal farm or ranch dwelling and any accessory farm or ranch dwelling proposed to be constructed on the residual land. No principal farm or ranch dwelling or accessory farm or ranch dwelling can be constructed on the residual land unless specifically approved by the county commissioners and designated on the final plat or described in the development agreement or an amendment to the final plat or development agreement. Any principal farm or ranch dwelling and any accessory farm or ranch dwelling(s) must be designed to allow a logical pattern of lots that meet minimum lot size and setback requirements of the applicable zoning district. No accessory farm or ranch dwelling(s) will be permitted to be subdivided into a lot or lots separate from the principal farm or ranch dwelling during the nondevelopable period.

4.

In all cases, a use plan for residual land and/or common area which defines the roles and responsibilities for managing residual land must accompany and be approved as part of the final development plat and final development agreement.

5.

In the event that the residual land will remain undeveloped through the use of a conservation easement, Larimer County or an acceptable alternate must be designated as the grantee of the easement. The grantee will then be responsible for monitoring the easement.

6.

At any time after the expiration of the nondevelopable period, the person(s) or entity owning or controlling the land may propose to change the use of the land using the following process:

a.

All persons or entities owning and/or controlling the residual land must apply to and receive approval from the county commissioners or governmental entity having jurisdiction at that time for any change in use. If the residual land is comprised of separate parcels, all persons or entities owning and/or controlling the separate parcels must sign the application. Any proposed uses or development must comply with all laws, regulations, and policies then in effect.

b.

A public process is required. The procedures involving public notice, public hearing, participation, etc., must be in accordance with standard Larimer County planning and public hearing processes in place at that time.

c.

All governmental interests affected by the proposed change will be notified and allowed to comment or participate in the process.

d.

The terms of any approval must take into account at least the following:

(1)

The adopted county or municipal master plan and zoning for the area.

(2)

The impacts of any approval upon nearby properties and all the specific siting factors pursuant to section 5.8.6.B.

(3)

If further development is approved for the residual land, the additional development rights for the development must be purchased by the owner from the county or land trust at the then current fair market value. Proceeds from the sale of development rights must be reinvested in open space and the preservation of agricultural land.

D.

Development standards.

1.

Land divisions into parcels of 35 acres or more are currently exempt from many of the development standards that are applied to land divisions containing smaller parcels. In recognition of this fact and the voluntary nature of the rural land use process, the standards that are applied to development under the rural land use process will be those necessary for public health, safety and welfare, and any which are imposed on 35-acre developments under other regulations.

2.

For plans involving the transfer of development rights between parcels, where the density of the receiving parcel equals or exceeds 50 percent of the number of dwelling units that may be possible based on the minimum lot size of the underlying zoning, the county commissioners may impose development standards which are similar to or the same as standards applied to land divisions containing smaller parcels, or may deny the plan. If the plan is denied, the landowner may revise and resubmit the plan at a reduced density as recommended by the county commissioners, or may withdraw from the rural land use process and proceed through the county's regular land division process.

3.

Engineering standards and guidelines for roads and drainage—The following standards and guidelines are designed to promote affordable and timely completion of projects in keeping with the mission of the rural land use process, while at the same time taking into account the specific requirements of the site and providing for public health, safety, and welfare. To that end, it will be the responsibility of the owner's engineer, who must be a qualified professional engineer licensed in the State of Colorado, to design a project in keeping with the following standards and guidelines, to provide a signed and stamped certification that a project is designed according to the standards, and to provide a signed and stamped certification that the project was built in substantial conformance with the design. For the purposes of this document, the words "shall" or "must" will designate standards, which are requirements. Guidelines, which are recommendations and suggestions, will be italicized and designated by the word " Guideline(s) ".

a)

All existing roads providing access to the project must be safe and in an acceptable all-weather driving condition.

b)

Site drainage—Drainage paths and basins for historic flows must be identified and preserved. Effective drainage paths for new developed flow must be provided. At a minimum, a basic review of the topography of the project site must be performed to identify historic drainage patterns and flow paths. If there are historic drainage paths, there must be an analysis of the approximate limits of the contributing areas. The method used to predict the design peak discharge must take into account the size of the drainage basin(s). A simple rational method calculation should be sufficient in most instances to yield historic peak discharge in the drainage path.

1)

All building envelopes must be sited so that they do not interfere with the existing drainage patterns. Drainage easements shall be used as needed.

2)

All proposed site grading must convey drainage into an existing drainage way. If cross drainage from one parcel to another is required, adequate drainage improvements must be designed and installed to prevent harming adjoining parcels.

3)

Drainage design must demonstrate how the developed flows will be conveyed through and from the residential cluster to an historic drainage path.

4)

If a residential cluster causes drainage flows to concentrate at a single point of discharge, the concentrated flow must be discharged without adversely impacting the adjacent property.

5)

Residential lots must be laid out to provide positive drainage away from all building sites, and the overlot grading must be designed and maintained consistent with the general storm drainage pattern for the area.

c)

Road and driveway drainage—Plans for adequate site and roadway drainage are required for all road and driveway construction. Road and driveway design should provide for positive storm water drainage at all locations. Adequate design must insure the natural drainage system will be maintained and erosion is minimized.

1)

Driveways—Where driveways cross natural drainages, adequate cross culverts or structures must be provided to maintain natural drainage patterns and conduct storm water away from the driveway. These culverts must, at a minimum, be sized to pass the flow generated by a ten-year storm. They must be at least 12 inches in diameter and have a minimum cross-sectional area of at least 0.78 square feet. Structures must appear on the driveway grading plan.

2)

Roads—Roads must provide cross culverts, as needed, to maintain natural drainage patterns and distribute storm water away from the roadway. Such structures must, at a minimum, be sized to pass the flow generated by a ten-year storm. Culverts must be at least 18 inches in diameter and have cross-sectional area of at least 1.77 square feet. The owner's engineer will determine the need for flared end sections or headwalls for the culverts.

3)

Culvert specification—Culverts must be either double-wall corrugated plastic or single wall corrugated metal pipes. The culvert must be of sufficient strength and proper installation to assure a minimum of ten tons bearing capacity. Guideline: Single-wall pipe may be acceptable if it can be demonstrated that it meets the minimum requirements of this section. A minimum of 12 inches of cover of material compacted to manufacturer's specifications is recommended unless manufacturer's specifications indicate a lesser amount is sufficient to achieve the required bearing capacity.

4)

Bridge specification—Bridges must be designed and constructed to comply with the specifications of Section 7.1 of the Larimer County Rural Area Road Standards.

d)

Road and driveway design—All roads (either public or private) must be located within either a dedicated public right-of-way or a private access easement. An additional utility easement may be required to accommodate needs of utility providers. At a minimum, the publicly dedicated right-of-way or private access easement must be 50 feet in width, located 25 feet from either side of the road centerline.

1)

Planning and construction of roads and driveways must take into consideration encroachment upon critical wildlife habitat; wetlands conservation; protection of water quality in local streams, ponds and lakes; and esthetics. The owner's engineer may consider and prescribe site specific design alternatives to mitigate environmental concerns as long as roadway safety is maintained.

2)

Driveway design:

a) Width— Guideline: A minimum useable all weather driveway surface width of 12 feet is recommended to assure safe ingress and egress of emergency response vehicles. To minimize cut volumes, or if topography makes this width impractical, a narrower width for short distances may be prescribed by the owner's engineer if the driveway design is demonstrated to be otherwise safe and maintainable. The minimum acceptable driveway width in these cases is ten feet.

3)

Internal road design:

a) Road width—Roads must be designed for a minimum useable all weather road surface width of 20 feet for an adequate two-way road to assure safe ingress and egress of emergency response vehicles. Guideline: The owner's engineer may prescribe a narrower width for short distances to minimize cut volumes or address other environmental or agricultural concerns if adequate turnouts are incorporated into the design and the road design is demonstrated to be otherwise safe and maintainable. The minimum acceptable width in these cases is 12 feet and must incorporate appropriate turnouts.

b) Paved road width—Paving width must be a minimum of 20 feet with a 4 foot structural shoulder on each side of paved roadway. Pavement structural design must be performed by the owner's engineer. Design shall be stamped and signed by the owner's engineer in accordance with certification requirements contained in section 5.8.6.D.3.f.

c) Road grade—Road designs exceeding eight percent (ten percent in mountainous terrain) must ensure that other safety and site disturbance standards are not compromised. Guideline: Where topography requires, the owner's engineer may prescribe steeper grades. However, the average grade for 200 feet should not exceed 12 percent.

d) Clearance height—Roads through forested areas must maintain proper clearance heights above the traveled way sufficient to allow passage of emergency vehicles. Tree branches must be trimmed to obtain a minimum overhead clearance of 13 feet six inches.

e) Horizontal road curve—Radii of curvature on centerlines must be a minimum of 100 feet (60 feet in steep terrain), so long as adequate sight distance exists to allow a safe stopping distance. Steep mountainous terrain may require other engineering solutions as prescribed by the owner's engineer.

f) Vertical road curve—For safety reasons, design of crest vertical curves (top of hill crests) must be based on the design speed of the road. The design speed must take into account sight distance limitations, which result from extreme crest vertical curves. Correspondingly, sag vertical curves (bottom of hill) must also be designed based on the design speed, such that headlight visibility will not be compromised in nighttime or dim light conditions. Recommended design speed for most local access roads is 15 mph in steep, mountainous areas and 25 mph in rolling to flat areas.

g) Road intersections—Driveway and road intersections must be within ten degrees of perpendicular for at least 50 feet from intersection centerlines with adequate sight distance both directions. Guideline: If topography allows, grades should flatten to three percent or less for at least 50 feet approaching intersections.

h) Dead end roads—Dead end roads exceeding 600 feet in length must be constructed with a vehicular turnaround area at the end or within the last 600 feet of roadway. For roads narrower than 20 feet, turnouts must be provided at approximately every 600 feet of road between the beginning at the road intersection and its terminus. Greater distances are allowable if good sight distance is maintained between adjacent turnouts. Guideline: Though not a requirement in the design for 20 ft. wide roads, turnouts should be considered if the road is the single access and egress point to the parcels served.

i) Cuts—Roadways must follow existing contours to the extent possible. Roadway cuts and embankments must be considered only to the extent they are necessary to maintain safe geometric conditions for the design speed. Construction of cuts and fills must be constructed to the following requirements to maximize the safety and integrity of such work.

1) General—Unless otherwise prescribed in the soil engineering or engineering geology report prepared and stamped by the owner's engineer, cuts must conform to the provisions of this section.

2) Slope—The slope of cut surfaces must be no steeper than is safe for the intended use and must be no steeper than 1 unit vertical in 1.5 units horizontal (66.7 percent slope) in common soil. Cut slopes in competent rock may be vertical when less than three feet high. Various soil types may require flatter slopes (up to 4 to 1) based on the written determination of the owner's engineer as to the stability and erosiveness of the soil type. Cut slopes in competent rock greater than three feet high and less than eight feet high must be no greater than one unit vertical to one unit horizontal. Where cut slopes are greater than eight feet high, or where unstable or compromising geology occurs, the owner's engineer shall prepare a written soils engineering report or an engineering geology report, or both, prescribing a design solution based on his/her investigation. The report(s) must prescribe a slope configuration to stabilize the constructed cut and construction must conform to the findings of the report(s). Cut slopes must be seeded and mulched to reestablish appropriate vegetative cover to maximize slope stability and minimize erosion. Seeding and mulching is not required if, in the written determination of the owner's engineer, the steepness of the slope or the slope material is not conducive to plant growth. In these cases it may be necessary to use other physical or mechanical means to stabilize the slope material. Guideline: Whenever possible, existing topsoil on the site should be saved and stockpiled for dressing the slope prior to seeding.

j) Fills—Fill slopes must not be constructed on natural slopes steeper than one unit vertical in two units horizontal (50 percent slope). The ground surface must be prepared to receive fill by removing woody vegetation such as shrubs, topsoil and other unsuitable materials and scarifying to provide a bond with the new fill. Where slopes are steeper than one unit vertical in five units horizontal (20 percent slope) and the height is greater than five feet, stability must be achieved by benching at the toe into sound bedrock or other competent material.

1) Fill material. Composition of fill material must follow these requirements:

a) Detrimental amounts of organic material will not be permitted in fills.

b) Rock sizes greater than 12 inches in maximum dimension must be placed two feet or more below grade, measured vertically.

c) Rocks must be placed so as to assure filling of all voids with well-graded soil.

d) The upper two feet of fill must be compacted for stability in preparation for placement of surfacing material.

2) Slope—Fill slopes must be no steeper than one unit vertical in two units horizontal (50 percent slope) unless the fill is engineered and constructed in such a way as to establish stability at a steeper slope. Various soil types may require flatter slopes (up to 4 to 1) based on the written determination of the owner's engineer as to the stability and erosiveness of the soil type. Fill slopes must be seeded and mulched to reestablish appropriate vegetative cover to maximize slope stability and minimize erosion. Guideline: Whenever possible, existing topsoil on the site should be saved and stockpiled for dressing the slope prior to seeding and mulching.

k) Cut and fill setbacks from property lines— Guidelines: These setback recommendations are included for general consideration to avoid conflicts and potential problems with other landowners. They should be followed when planning a road or other excavations.

1) General—Cut and fill slopes should be set back from site boundaries in accordance with this section. Setback dimensions are horizontal distances measured perpendicular to the site boundary.

2) Top of cut slope—The top of cut slopes should not be made nearer to a site boundary line than one fifth of the vertical height of cut with a minimum of two feet and a maximum of ten feet.

3) Toe of fill slope—The toe of fill slope should not be made nearer to the site boundary line than one half the height of the slope with a minimum of two feet and a maximum of 20 feet. Where a fill slope is to be located near the site boundary and the adjacent off-site property is developed, special precautions should be incorporated in the work, as necessary, to protect the adjoining property from damage as a result of such grading. These precautions may include but are not limited to:

a) Provision for retaining or slough walls.

b) Mechanical or chemical treatment of the fill slope surface to minimize erosion.

c) Provisions for the control of surface waters.

l) Buffer zones for streams, intermittent streams, and wet- lands—Construction of roadways within perennial or intermittent stream corridors or drainage ways shall not be permitted except for purposes of crossings. Proper revegetation of cut and fill slopes or other means of erosion and storm water control must be affected to protect water quality of the stream. Proper design to allow adequate flow of storm water, as indicated by the normal high-water line, must be incorporated in the plan. A minimum of 50-foot buffer zone must be maintained for wetlands unless further encroachment has been approved by the U.S. Army Crops of Engineers. Delineation of the wetland may be required by a qualified person to properly identify the extent of the wetland boundaries. Guidelines: For roads which follow perennial stream corridors, a minimum 50-foot buffer zone of undisturbed vegetation should be maintained between the roadways or from any fill material generated by the construction of the road and the normal high-water line of the stream. For roads which follow intermittent stream corridors, a buffer of at least 20 feet of undisturbed ground and vegetative cover from the normal high-water line should be maintained for roadways paralleling these features.

e) Other requirements.

1) Disturbance of land—All construction activities are required to obtain a State stormwater management permit if they disturb one or more acres of land. The Colorado Department of Health and Environment, Water Quality Control Division administers the permits. The main pollutant of concern for construction activities is sediment. The permits require holders to control or eliminate the sources of pollutants in stormwater through the implementation of a stormwater management plan, developed as part of the application process. These stormwater management plans must include best management practices (BMPs) that include treatment of stormwater discharges along with source reductions. Inclusions of the BMPs allow most permits to avoid numeric effluent limits. The permit application and guidance documents can be obtained by contacting the water quality control division.

2) Fugitive dust during construction—Colorado's air quality laws contain requirements for controlling fugitive dust during construction activities. The steps necessary to comply with those laws depend on the amount of land disturbed, and the duration of the disturbance. The requirements are outlined below.

a) Development that involves clearing more than five acres of land must incorporate all available and practical methods which are technologically feasible and economically reasonable in order to minimize dust emissions.

b) If land development creates more than a 25-acre contiguous disturbance or exceeds six months in duration, the responsible party is required to prepare a fugitive dust control plan, submit an air pollution emissions notice (APEN), and obtain an emissions permit from the Colorado Department of Public Health and Environment. The APEN and specialty permit application form for land development can be obtained by contacting the air pollution control division directly.

c) Regardless of the size or duration of development, all land disturbances should be conducted so that nuisance conditions are not created. If dust emissions do create a nuisance, a fugitive dust control plan will be required.

3) Erosion control and site reclamation—Erosion control and site reclamation improvements are necessary as part of every road construction and excavation project. A plan to control storm water along the roadway to lessen the degree of concentration of storm waters must be incorporated in the erosion control plan. The plan must incorporate erosion control and site restoration measures to assure effective stabilization of soil materials so that displacement and transport of soil materials is minimized and to affect restoration of natural vegetative ground cover to disturbed areas. Guideline: In many cases the most effective means of controlling erosion is reestablishment of vegetation on disturbed areas. It is recommended that natural vegetation be left intact to the greatest extent possible.

4) Road name signs and traffic control devices. All road name signs and traffic control devices must conform to the standards listed in Chapter 10, Article VII, Section 10-175 of the Code of Larimer County Road Naming and Site Addressing System and standard drawings 8, 9, and 10 of the rural area road standards.

f) Certifications—A template for the following certifications will be provided by the rural land use center and must be signed and stamped by the owner's engineer. The following certifications will be required:

1) Stamped certification that roads and drainage for the rural land plan were designed to the standards listed in section 5.8 of the Larimer County Land Use Code.

2) Stamped certification that roads and drainage installations for the rural land plan were built to the standards listed in section 5.8 of the Larimer County Land Use Code. A brief stamped written explanation by the owner's engineer shall be submitted in situations where, due to site constraints, deviations from the original design have been made.

Figure 1 Typical Road Cross Section

Figure 2 Minimum geometric requirements for turnouts and turnarounds

Figure 3 Setback Requirements

(Res. No. 11122002R001, 9-23-2002; Res. No. 11232004R011, Exh. A, 11-23-2004; Res. No. 02222005R002, Exh. A, 2-22-2005; Res. No. 11082005R001, Exh. A, 11-8-2005; Res. No. 01232007R005, Exh. A, 1-23-2007; Res. No. 04102007R008, Exh. A, 4-10-2007; Res. No. 04102007R009, Exh. A, 4-10-2007; Res. No. 06212011R002, Exh. A, 6-21-2011; Res. No. 07092013R008, Exh. A, 5-28-2013)