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HomeMy WebLinkAboutORDINANCE 08-09C?_0 ORDINANCE NO.08-09 AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE, SECTION 7.8 WILDLIFE HABITAT PROTECTION AMENDMENTS WHEREAS,the Estes Valley Planning Commission has recommended an amendment to the Estes Valley Development Code,Section 7.8 Wildlife Habitat Protection;and WHEREAS,said amendments to the Estes Valley Development Code are set forth on Exhibit “A”attached hereto and incorporated herein by this reference;and WHEREAS,the Board of Trustees of the Town of Estes Park has determined that it is in the best interest of the Town that the amendments to the Estes Valley Development Code, Section 7.8 Wildlife Habitat Protection set forth on Exhibit A”and recommended for approval by the Estes Valley Planning Commission be approved. NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1:The Estes Valley Development Code shall be amended as more fully set forth on Exhibit “A” Section 2:This Ordinance shall take effect and be enforced thirty (30)days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD PARK,COLORADO,THIS ‘°DAY OF________________ -, By: co’y I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the 2?-day of 5CP-rE_s.L 2009 and published in a newspaper of general circulation in the Town of Estes Park,Colorado,on the .S day of ep-re.a._*,.aEt.,2009,all as required by the Statutes of the State of Colorado. Jac Williamson,Town Clerk OF TRUSTEES OF THE TOWN OF ESTES Scp-crj.-&a2....,2009. TOWN C EXHIBIT A C §7.8 WILDLIFE HABITAT PROTECTION A.Purpose.To maintain the diversity of wildlife species and habitat that occur in the Estes Valley,and to plan and design land uses to be harmonious with wildlife habitat and the species that depend on this habitat for the economic,recreational and environmental benefit of the residents of and visitors to the Estes Valley. B.Applicability.This Section shall apply to all applications for review of development plans,subdivision plats,planned unit developments,special review uses and rezonings. This Section shall not apply to development on lots that were approved for single-family residential use prior to the effective date of this Code. C.Exemptions.The procedures and regulations contained in this Section shall not apply to: 1.Agricultural activities such as soil preparation,irrigation,planting,harvesting,grazing and farm ponds; 2.Maintenance and repair of existing public roads,utilities and other public facilities within an existing right-of-way or easement; 3.Maintenance and repair of flood control structures and activities in response to a flood emergency; 4.Maintenance and repair of existing residential or nonresidential structures;or 5.Activities undertaken pursuant to a wildlife conservation plan approved under this Section. D.Other Regulations.This Section of the Code does not repeal or supersede any existing federal,state or local laws,easements,covenants or deed restrictions pertaining to wildlife.When this Section imposes a higher or more restrictive standard,this Section shall apply. E.Wildlife Habitat Data Base.The following sources shall be used to identify important wildlife habitat areas for purposes of review under this Section: 1.Wildlife Habitat map,as set forth in the Estes Valley Comprehensive Plan,as amended from time to time 2.Colorado Division of Wildlife habitat maps for Larimer County,as amended from time to time. 3.Colorado Natural Heritage Program Maps dated December 1996,or as amended from time to time. 4.Other information and maps as Staff or the Estes Valley Planning Commission may from time to time identify in cooperation with the Colorado Division of Wildlife,such as wildlife maps produced specifically for the Estes Valley.Said maps shall be applicable only following adoption of an amendment to this Code. Q EXHIBIT A 5.Wildlife habitat information required by this Section is intended for general planning purposes.Obvious errors or omissions may be corrected by the Staff. F.Review Procedures.The following procedures shall apply to all applications for development: 1.Application.The Applicant shall submit a development plan,subdivision plat or sketch plan,as applicable,depicting the general location of the property,location of structures on the site,prominent natural areas such as streams and wetlands,and other features that Staff may require for review pursuant to this Section. A Wildlife Conservation Plan shall be submitted for sites containing: a.An endangered or threatened species, b.Big Horn sheep or Big Horn sheep habitat,or c.Riparian areas,adjacent to rivers,streams and wetlands identified on the wildLife habitat map found in Appendix A of this Code. 2.Preliminary Review.Staff shall refer the submitted plan or plat to the Colorado Division of Wildlife for review.Applicants are advised to consult with the Colorado Division of Wildlife and other agencies responsible for regulation of wildlife and habitat, such as the US Fish and Wildlife Service,US Department of the Interior—Rocky Mountain National Park,US Forest Service,and Colorado Natural Heritage Program. These agencies may maintain maps and databases that can aid in the site-specific confirmation of the presence or absence of wildlife and habitat on a specific site. 3.Review Determination. a.The Review and Decision-Making Bodies shall issue a finding as to whether the application,including the wildlife conservation plan,complies with the requirements of this Section. b.Wildlife studies and mitigation plans found to be adequate by the Decision- Making Body shall become binding upon the Applicant. c.Applications that do not comply with Section 7.8 of this code shall be denied. 4.Waivers.Staff may waive or approve minor modifications of any development standard or review criteria contained in this Section upon a finding that such waiver or modification: a.Is consistent with the stated purposes of this Section; b.Will have no significant adverse impacts on wildlife species or habitat; c.Any potential adverse impacts will be mitigated or offset to the maximum extent d.practicable;and e.Application of the standard or criteria is not warranted based on the location of the development,the absence of a particular species on the site or other relevant factors. C.Review Standards.The following review standards shall apply to all development applications as specified,unless Staff determines that a specific standard may be 4Th EXHIBIT A waived pursuant to subsection F.5.above.It is the intent of this Section that these standards be applied in a flexible fashion to protect wildlife habitat and wildlife species in a cost-effective fashion. 1.Review Standards. a.Buffers.All development subject to a wildlife conservation plan shall provide a setback from any identified important wildlife habitat area,in accordance with any recommendations in the wildlife conservation plan. b.Non-Native Vegetation.There shall be no introduction of plant species that are not on the approved landscaping list in Appendix C on any site containing any important wildlife habitat area.To the maximum extent feasible,existing herbaceous and woody cover on the site shall be maintained and removal of native vegetation shall be minimized. c.Fencing. (1)No fencing on a site containing important wildlife habitat shall exceed forty (40)inches in height,except to the extent that such fencing is approved by Staff to confine permitted domestic animals or to protect permitted ornamental landscaping or gardens. (2)Fences higher than forty (40)inches may be allowed if adequate openings are provided for the passage of deer,elk or other identified wildlife.These openings shall be at least six (6)feet wide and spaced a maximum of fifty (50)feet apart along continuous fence lines exceeding this length. (3)No fencing using barbed wire shall be allowed. (4)The type of fencing (materials,opacity,etc.)shall be determined by Staff or the Decision-Making Body as appropriate for the wildlife species on the site. d.Exterior Lighting.Use of exterior lighting shall be minimized in areas of important wildlife habitat,and lighting shall be designed so that it does not spill over or onto such critical habitat.See also §7.9 below. e.Refuse Disposal.Developments on sites containing important wildlife habitat, such as black bear,must use approved animal-proof refuse disposal containers. With Division of Wildlife approval,refuse disposal containers and enclosures may be electrified. f.Domestic Animals.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. H.Wildlife Conservation Plans. 1.Plan Preparation.A wildlife conservation plan required by this Section shall be prepared for the Applicant,at the Applicant’s expense,under the responsible direction of a qualified person who has demonstrated expertise in the field. EXHIBIT A C 2.Plan Content.Any wildlife conservation plan required to be prepared pursuant to this Section shall include the following information at a minimum.Specific requirements may be waived by Staff due to the location of the development,the previous use of the site,the size and potential impact of the development,the absence of particular species on a site,the prohibition of a reasonable use of the site and other relevant factors. a.A description of the ownership,location,type,size and other attributes of the wildlife habitat on the site. b.A description of the populations of wildlife species that inhabit or use the site, including a qualitative description of their spatial distribution and abundance. c.An analysis of the potential adverse impacts of the proposed development on wildlife and wildlife habitat on or off site. d.A list of proposed mitigation measures and an analysis of the probability of success of such measures. e.A plan for implementation,maintenance and monitoring of mitigation measures. f.A plan for any relevant enhancement or restoration measures. g.A demonstration of fiscal,administrative and technical competence of the Applicant or other relevant entity to successfully execute the plan.