15.50 - Article VI - Subsection II

Section 240: Standards for Utilities

240.1 Intent

The intent of this Section is to ensure that all types of development have adequate utilities to provide for and maintain civil standards of living in terms of sanitation and power.  Communication is encouraged however, it is not required.

240.2 Requirement

All development in the Town of Rangely shall have adequate water, sewer and power to provide for cleanliness, cooking and heating.  This is determined as:

Water service provided by the Town;
Sewer disposal provided by the Town or approved onsite wastewater disposal, and;
Source of power either through fossil or renewable resources.

240.3 Public Utilities

For the purpose of this Section, a Public Utility is defined to be a water, irrigation, sewer, gas, electric, and/or telephone, as might apply.  Town owned and operated utilities are governed by rules outlined in Title 13 of the Rangely Municipal Code and apply in addition to the standards outlined herein.  Other public and private utilities are governed through their operating standards.  Development shall meet all requirements lawfully imposed by those providing utility service as a condition of approval.  In addition, public utility installations are subject to the following requirements.

Distribution, transmission, and service lines are required to have simple easements or be installed in public rights-of-way under a franchise agreement.   Basic utility components (lines, stands, etc) are not subject to zoning requirements.
Utility service facilities, the major use of which involves office, manufacturing., warehousing, storage or maintenance functions, shall be developed and/or maintained in accordance with the zoning provisions the same as any other private firm that has similar operations.
Special utility facilities, such as water reservoirs, sewage lagoons, pumping stations, electric sub-stations, towers, and other component equipment installations require a conditional use permit.
These regulations shall in no way prohibit the installation of temporary facilities of the types described above in cases of emergency conditions provided, within a reasonable period of time, application is made for the installation of permanent facilities.

240.4 Utility Ownership and Easement Rights

In any case, when there is installation of water, sewer, electrical power, telephone, or cable television facilities and the facilities shall be owned, operated, or maintained by a public utility or any entity other than the property owner and/or developer, the property owner and/or developer shall transfer to such utility or entity the necessary ownership or easement rights to enable the utility or entity to operate and maintain such facilities.  Further the Town recognizes that all installations of water, sewer, electrical power, telephone, or cable television facilities constructed prior to the adoption of this section of the LUC have easements established, whether or not recorded with the Town of Rangely or the Rio Blanco County Clerk and Recorder.

240.5 Determining Design and Construction Compliance in Development of Utilities

Primary responsibility for determining whether a proposed development will comply with the standard set forth above can lie with an agency other than the Town, and the developer must comply with the detailed standards and specifications of such other agency.  Whenever any such agency requires detailed construction or design drawings before giving its official approval to the proposed system, the authority issuing an approval under this Code may rely upon a preliminary review by such agency of the basic design elements of the proposed system to determine compliance with this Section.  Construction of such system may not be commenced until the detailed plans and specifications have been reviewed and appropriate approvals issued by such agency and such have been verified with the administrators.

240.6 Power

Every principal use and every lot shall have available to it a source of power adequate to accommodate the reasonable needs of such use and/or every lot within any subdivision.  Compliance with this requirement shall consist of a plan that meets the needs of the proposed development and, if applicable, certified by the service provider.  Any off-grid facilities shall be certified by a qualified engineer that the plan as proposed meets the needs of the development as proposed and as might be reasonably expanded.

240.7 Communication

Every principal use and every lot shall have a plan for the provision of communication services adequate to accommodate the reasonable needs of such use and/or lots within any subdivision.  Compliance with this requirement shall consist of a plan that meets and outlines the intent and needs of the proposed development and, if applicable, certified by the service provider.  

240.8 Utilities To Be Consistent With Internal and External Development

Whenever it can reasonably be anticipated that utility facilities constructed in one development will be extended to serve other adjacent or nearby developments, such utility facilities (e.g., water or sewer lines) shall be located and constructed so that extensions can be made conveniently and without undue burden or expense or unnecessary duplication of service.
All utility facilities shall be constructed in such a manner as to minimize interference with pedestrian or vehicular traffic and to facilitate maintenance without undue damage to improvements or facilities located within the development.

240.9 As-Built Drawings Required

Whenever a developer installs or causes to be installed any utility line in any public right-of-way, the developer shall, as soon as practicable after installation is complete and before acceptance of any water or sewer line, furnish the Town with a copy of a drawing that shows the exact location of such utility lines.  The utility service provider must verify such drawings as accurate.  Compliance with this requirement shall be a condition of the continued validity of the approval authorizing such development.

Section 241: Standards for Transportation and Location Systems

241.1 Intent

The intent of this Section is to ensure that all development within the Town has safe and adequate access to public roads and transportation related services and ensure that development does not create demand for public improvements and services that cannot be met with existing public resources and/or developer- financed improvements.  If safe and adequate access does not exist at the time of development, the development must make the necessary improvements to meet the increased demand or wait until others construct the needed improvements.

241.2 Drainage and Passage of Water or Traffic

All roads shall have adequate structures (culverts, ditches, bridges) to allow for proper the drainage of water and the use of the roadway free from expected stormwater and snowmelt.  Culverts shall be placed in sufficient number and be properly sized for adequate drainage to be passed and/or contained to existing natural or man-made drainage features of sufficient size to handle reasonably expected water flows and within the legal limits as to not create a hazard to adjacent property.

241.3 Address

All properties within the Town limits are to have addresses as assigned by the Town Clerk

241.4 Road Capacity and Level of Service Standard

241.4.1 Safe and Adequate Access

All development must have safe and adequate access and egress onto or off roads and highways.  Safe and adequate access exists when traffic volumes do not exceed the capacity of the road; when operating conditions on the road and at intersections do not fall below a specified level of service (LOS); and when the road type and structures can accommodate projected traffic.  The capacity of an unpaved road is defined as the maximum traffic volume that can be accommodated without creating unsafe operating conditions for vehicles and without negatively impacting air quality by creating excessive amounts of dust.  The capacity of a paved road is defined as the maximum traffic volume that can be accommodated at a specified Level of Service and depends on road characteristics such as number of lanes, lane widths, intersection geometry and signalization.  The adequacy of pavement sections and structures depends on the physical condition of the improvements such as type, depth and condition of pavements and the load-bearing capacity of bridges.

241.4.2 Capacity and Level of Service for Unpaved Roads

Gravel roads are permitted in certain areas of the Town that are considered rural as outlined in the Comprehensive Plan and reflected on the zoning map.  These gravel surfaces are permitted to protect rural character and acknowledge that a more costly surface does not serve any public purpose.  Minimum construction requirements are for an all-weather gravel surface.  The Public Works Director  shall determine the requirement for construction criteria and amount of gravel base on the road on the basis of projected traffic.  Final criteria requires concurrence of the Town Manager to allow such road type.  Road characteristics to be considered include gravel depths, road structure, traffic volumes, and projected build-out along the entire road length.  The capacity of an untreated gravel road is defined as average daily traffic (ADT) of 200 vehicles per day at the time of full build-out of development along the length of the road.  The capacity of a treated gravel road (treated with chemicals to control dust) is defined as an ADT of 300 vehicles per day.

Public works will conclude when paving is required but in general it will be when it is determined that cumulative traffic volumes exceed the capacities noted above and/or the character is not considered rural as reflected in the comprehensive plan and zoning map.

241.4.3 Capacity and Level of Service for Paved Roads

Level of Service (LOS) is a qualitative measurement of operating conditions in transportation.  Levels of service for roadways and intersections are generally determined by analyzing the ratio of traffic volume to capacity of roadways or by analyzing the length of delays experienced at intersections.  Collector and arterial roads and intersections must function at LOS as determined acceptable by the Public Works Director.  Paving shall consist of asphaltic concrete or Portland cement concrete, base course material and sub-base material (if required) placed on compacted sub-grade.  The Public Works Director may allow installation of a double chip seal (or other gravel build-out base and method) as an alternative to paving when, in the opinion of the Director, and with the concurrence of the Town Manager and Planning Commission the character of the area developed, projected traffic volumes, road geometry, condition of gravel and drainage conditions allow.

241.4.4 Adequacy of Section and Structures

The roads within the identified traffic area of a proposed development must be adequate to maintain a level of service (depth of gravel, depth of base course and/or type and depth of paving material, width, etc.), as determined by the Town, to accommodate the projected traffic loads from the development.  Development will not be required to provide upgrade to a road if it can be shown that the additional traffic can be handled without damaging the roadway or accelerating the need for maintenance and/or that it will not cross any bridge or structure that has been determined to be structurally deficient or functionally obsolete.  The existence of safe and adequate access does not preclude the imposition of additional requirements as a condition of development approval when such requirements are deemed necessary to mitigate the impacts of the development on roads and highways.

241.5 Documentation

Development that will create or has the potential to create traffic, as determined by the administrators, shall demonstrate compliance with the capacity and level of service requirements and comply with the subsections above as they might apply.  Compliance shall be determined by the Public Works Director with the concurrence of the Town Manager that the proposed mitigations and traffic accommodations are sufficient to handle the impact from the proposed development.

241.6 Permits

Permits are required by the Town of Rangely for certain activities on or within Town rights-of-way.  Permitted activities include most types of work in a Town right-of-way.  Permits are required to be received as part of the approvals that are required under this LUC.

Section 242: Standards for Irrigation Facilities

242.1 Intent

The intent of this Section is to ensure that irrigation necessary for agricultural operations in the Town are not impacted by development.  Development has the potential of disrupting the delivery of irrigation water and disruption issues are required to be resolved before approval.

242.2 Easements

Easements for existing irrigation facilities, including adequate easements for maintenance access, shall be dedicated and shown on the appropriate site development maps such as, but not limited to, final plats and final site plans approved under this LUC.  Applications for development proposals will be referred to the appropriate ditch companies for review and comment as applicable.  It is the responsibility of the ditch companies to respond within thirty (30) days from the date the materials are sent to them.

242.3 Review Criteria

The following provisions apply to all development proposals that include irrigation facilities.
All existing irrigation facilities must be shown on the preliminary plat, and/or site plan by appropriate survey data.  Final plat shall show adequate easements, as agreed to by the ditch company for operation of the irrigation system as it has traditionally supplied water.
Written approval of the ditch owner or its representatives must be obtained for any proposed modifications of any irrigation facilities, including but not limited to realignments, changes to configurations (i.e., from an earthen to a lined ditch, from an open ditch to underground, etc.) or crossings.

The time schedule for any modifications as noted above or other activities that may disrupt the flow of water must be referred to the ditch owner for review and comment. The Town Council will require by condition of approval that such modifications be made or such activities be conducted when the disruption of the water flow will be minimized.

Prior to dedication of any easement or right-of-way for irrigation facilities, the applicant must provide a proper abstract of title or a proper commitment for title insurance in form and amount from insurance company acceptable to the ditch owner.
The applicant is responsible for any and all reasonable costs for engineering, surveying and legal services incurred on behalf of a ditch owner as a result of the development proposal.  The costs incurred on behalf of a ditch owner must be paid in full before any public hearing is scheduled for the development proposal;

Unless approved in writing by the administrators and the ditch owner, irrigation ditches shall not be used to carry stormwater runoff, except to the extent that the ditch received such water prior to the development.  Such water can only be discharged into the ditch in the same volumes, at the same rate of flow, at the same location or locations and within the same time frames as historically occurred.  

Unless the ditch owner agrees otherwise, in writing, development must be designed and constructed so that a ditch receives water in a manner free from the addition of any pollutant or additional water.  

When the Town Council determines that unreasonable, unnecessary or extraordinary requirements are proposed by a ditch owner, the Council may approve only those requirements they deem appropriate to protect the irrigation facilities.

243.1 Intent
The intent of this Section is to provide for the safe and reliable construction of buildings and structures to secure the community and provide for transfer of appropriate development upon sale.  All buildings, structures and facilities that are built in or brought into the Town of Rangely shall adhere to the applicable building standards as promulgated at the state and federal level, and as in this LUC.

243.2 Aspects applicable to all Adopted Codes

243.2.1 All codes adopted in this LUC shall have the same adoption date as for the LUC as a whole.  The jurisdiction noted in each code shall be the Town of Rangely in Rio Blanco County, State of Colorado.  Fees and fines in each code shall be those adopted in the Rangely Municipal Code.

243.2.2 As applies in the various codes decks not more than thirty inches (30) above grade and not more than twenty square feet (20 sq. ft.) do not require a building permit.

243.2.3 When there is an apparent contradiction between this section and another section of the LUC, and/or one or another of the adopted codes the more restrictive shall apply.

243.3 Adoption of International Building Code

The Town of Rangely hereby adopts the International Building Code, 2006 Edition, published by the International Code Council, 5203 Leesburg Pike, Suite 600, Falls Church, VA 22041-3405 and the associated appendixes of F, G, I, J, and K for the purpose of providing minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the Town.  The code, and the whole thereof, is adopted by reference thereto the same as if set forth in length in this Section with the amendments, deletions and additions as follows: International Building Code, 2006 Edition, Permits 105.2, Item #1:  One Story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provide the floor area does not exceed 120 160 square feet.

243.4 Adoption of International Residential Code

The Town of Rangely hereby adopts the International Residential Code, 2006 Edition, including Appendix Chapter E, published by the International Code Council, 5203 Leesburg Pike, Suite 600, Falls Church, VA 22041-3405, and the associated appendixes of A, B, C, D, G, J, N, and O for the purpose of providing minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of one and two-family dwellings within the Town.  The code, and the whole thereof, is adopted by reference thereto the same as if set forth in length in this Section with the amendments, deletions and additions as follows:

Table R301.2(1) Climatic and Geographic Design Criteria completed as follows:

  • Ground Snow Load – 65 psf
  • Wind Speed – 90 MPH
  • Seismic Design Category – B
  • Subject to Damage by Weathering – Severe
  • Subject to Damage by Frostline Depth – 42 inches
  • Subject to Damage by Termite – Slight to Moderate
  • Subject to Damage by Decay – Slight to Moderate
  • Winter Design Temperature – 15ºF (-26ºC)
  • Ice Shield Underlayment Required – Yes
  • Flood Hazards – FIRM, Community Panels as applicable within the Town of Rangely jurisdiction.
  • Air Freezing Index – 1634 ºF
  • Mean Annual Temperature – 42.2 ºF

Section P2904.4.2 Water service installation is amended to read “water service pipe and the building sewer shall be separated as required by policy established by authority having jurisdiction with no exceptions.”

243.5 Adoption of International Fire Code

The Town of Rangely hereby adopts the International Fire Code, 2006 Edition, including Appendix A, B, C, & D published by the International Code Council, 5203 Leesburg Pike, Suite 600, Falls Church, VA 22041-3405 for the purpose of regulating and governing and safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the Town; providing for the issuance of permits and collection of fees therefore.

243.6 Adoption of International Mechanical Code

The Town of Rangely hereby adopts the International Mechanical Code, 2006 Edition; published by the International Code Council, 5203 Leesburg Pike, Suite 600, Falls Church, VA 22041-3405., for the purpose of regulating and controlling the design, construction, installation, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat-producing appliances in the Town.

243.7 Adoption of International Fuel Gas Code

The Town of Rangely hereby adopts the International Fuel Gas Code, 2006 Edition, published by the International Code Council, 5203 Leesburg Pike, Suite 600, Falls Church, VA 22041-3405, for the purpose of regulating and controlling the installation of fuel-gas piping systems, fuel-gas utilization equipment and related accessories within the Town.  The code, and the whole thereof, is adopted by reference thereto the same as if set forth in length in this Section with the amendments, deletions and additions as follows:

243.7.1 Subsection 406.1 Test Pressure shall be amended to read “the test pressure to be used shall be no less than 1-½ times the proposed maximum working pressure but not less than 10 psig irrespective of design pressure”.

243.7.2 The following language is added to Section 403.1 Material Application that no copper or galvanized materials shall be permitted in supply piping up to the valves at each appliance.

243.7.3 The following subsections are added to Section 404.14 Plastic Pipe:

404.14.4 Qualifications - No Person may install plastic pipe or associated fittings unless that person has been qualified under applicable procedures adopted by the Town.  A copy of qualifications are kept on file with the Gas Utility Department of the Town.

404.14.5 Inspections - Inspections shall be made by the Gas Utility Department of the Town to verify and record material specifications, pressure tests, and ditch installation.

243.8 Adoption of International Plumbing Code

The Town of Rangely hereby adopts the International Plumbing Code, 2006 Edition; published by the International Code Council, 5203 Leesburg Pike, Suite 600, Falls Church, VA 22041-3405, for the purpose of regulating and controlling the design, construction, installation, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat-producing appliances in the Town, The code, and the whole thereof, is adopted by reference thereto the same as if set forth in length in this Section with the amendments, deletions and additions as follows:

243.8.1 As designed.

243.8.2 Section 904.1 Roof Extension – Insert “12.

243.9 Adoption of International Property Maintenance Code 2006

The Town of Rangely hereby adopts the International Property Maintenance Code, 2006 Edition; published by the International Code Council, 5203 Leesburg Pike, Suite 600, Falls Church, VA 22041-3405, for the purpose of regulating and controlling the stability and value in buildings of neighborhoods and the impact thereof of un-maintained properties on surrounding properties in the Town,  The code, and the whole thereof, is adopted by reference thereto the same as if set forth in length in this Section with the amendments, deletions and additions as follows:

243.91. Section 303.14 Insect Screens -Insert “May 1st…November 1st;”

243.9.2 Section 602.3 Heat Supply - Insert “September 1st…June 1st;”

243.9.3 Section 602.4 Occupiable Work Spaces – Insert “September 1st…June 1st.”

243.10 Adoption of International Private Sewage Disposal Code 2006

The Town of Rangely hereby adopts the  International Private Sewage Disposal Code, 2006 Edition; published by the International Code Council, 5203 Leesburg Pike, Suite 600, Falls Church, VA 22041-3405, for the purpose of regulating and controlling the design, construction, installation, quality of materials, installation, alteration, repair, location, replacement, of individual or communal onsite wastewater systems in the Town.  The code, and the whole thereof, is adopted by reference thereto the same as if set forth in length in this Section with the amendments, deletions and additions as follows:

243.11 Adoption of Code for the Abatement of Dangerous Buildings

The Town of Rangely hereby adopts the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, published by the International Code Council, 5203 Leesburg Pike, Suite 600, Falls Church, VA 22041-3405 for the purpose of regulating and controlling the safety of persons and animals, controlling vectors and protecting property values in the Town.

243.12 Electrical Code

Provisions of the codes referenced herein that refer to uniform electrical codes and the design, construction, and installation of electrical components, equipment, and systems shall not apply.  Responsibility in accordance with state statutes for the adoption and enforcement of electrical codes, including issuance of permits and conduct of inspections, rests with the State Electrical Board.

243.13 Application of Codes

In the codes referenced herein, the terms Departments of Building Safety, Plumbing Inspection, Property Maintenance Inspection, Mechanical Inspection, Building Safety, Private Sewage Disposal Inspection, and Inspection shall mean the Community Development Department or such other office or department as determined by the Town Manager.  The terms “building official” and “code official” shall mean the building inspector or such other officer as determined by the Town Manager.

243.14 Construction Performance Standards

The requirements set forth in this Section shall apply to the management and maintenance of all construction sites during construction.

243.14.1 Construction Access

Access to construction sites shall not adversely affect existing traffic patterns or access to adjacent properties. Construction access shall be limited to the approved access shown on the development permit or building permit. The construction access shall be installed in accordance with the Town Road Standards and the requirements of the Fire Department.  At a minimum, the access and any road where emergency access lanes must be maintained shall be built at the onset of construction.

243.14.2 Drainage

Major drainage patterns shall not be interrupted or diverted in a way that would adversely affect the site, surrounding area, or downstream properties.  Any temporary diversion shall be of adequate capacity to control a 25-year storm event and shall be removed upon completion of construction.

243.14.3 Grading

Massive over-lot grading is discouraged.  Grading shall be done in a way that minimizes erosion and disturbed areas must be re-vegetated as soon as practical within the same growing season the disturbance occurs.  Major retaining walls should be completed in the first development phase to preserve the site.  Should work during any development phase be discontinued for a period of ninety (90) days or longer, retaining walls and re-vegetation for the area worked shall be completed before discontinuance.  Once grading for the proper slope around a finished foundation is complete the slope shall be maintained throughout construction.

243.14.4 Storage

Fencing may be required to mitigate the visual impact of storage and construction.  Fence specifications and limits shall be approved by the Planning Department and Building Department.

243.14.5 Pedestrian Protection

Protection of pedestrians during construction or demolition shall be provided.

243.14.6 Environmental Controls

At a minimum, the following environmental controls shall be provided and maintained during construction:

  • Dust control materials shall be applied to minimize raising dust from construction operations, and provide positive means to prevent airborne dust from dispersing into the atmosphere.
  • Areas under the contractor’s control shall be free of extraneous debris.  A specific program to prevent accumulation of debris at the construction site, storage and parking areas or along access roads and haul routes shall be developed.  Failure to ensure the maintenance of debris may result in the issuance of a Stop Work Order.  Covered trash receptacles shall be provided on site.
  • The contamination of soil, water or atmosphere by discharge of noxious substances from effluents, chemicals or other such substances adjacent to streams or in sanitary or storm sewers shall be prevented.  Contaminated earth shall be properly disposed of offsite and replaced with suitable compacted fill and topsoil.
  • Mud, dirt, sand, concrete, and building debris shall not be allowed to accumulate in or impact the public right-of-way during construction.  Contractor shall take measures necessary to keep public rights-of-way in a safe and clean manner.

243.14.7 Landscape

When applicable and as agreed with the Planning Commission, certain trees and plants of landscape value shall be designated as protected.  Existing trees and plants which are designated as protected shall be marked by temporary barriers.  Root zones of trees and plants shall be protected from vehicular traffic, parking, stored materials, and dumping of refuse or chemically injurious materials or liquids.  Excavating, grading and filling and subsequent construction operations shall be supervised to prevent damage.  Trees designated as protected which are damaged or destroyed due to construction operations shall be replaced or repaired.

243.14.8 Temporary Construction Facilities

Temporary utilities required for construction shall be installed on site, out of the right-of-way and shall be removed on completion of work.  Materials may be new or used but must be adequate in capacity for required usage, must not create unsafe conditions and must not violate requirements of applicable codes and standards.  Temporary field offices may be new or used but must not violate the provisions of applicable codes and standards.

243.14.9 Sanitary Facilities

Adequate sanitary facilities for the convenience of all workmen shall be provided.  These facilities shall be kept in a clean and sanitary condition throughout the duration of the work.  The temporary facility shall be enclosed, screened and weatherproofed.  If connected to a sewer, upon removal of the temporary facilities, the sewer connection shall be removed and the sewer capped.  In lieu of connecting to a sewer, the temporary facility may be a portable, enclosed, chemically treated, tank-tight unit.  Temporary facilities for use by workmen during building construction shall consist of at least one water closet or chemical toilet and one urinal for each thirty (30) workmen.

243.14.10 Construction Site Cleanup

Periodic cleaning shall be done to keep the site and adjacent properties free from accumulations of waste materials and windblown debris.  Upon completion of the project or any phase of a project, temporary materials, equipment, facilities and services shall be removed.  This shall occur no later than ten (10) days after issuance of the Certificate of Occupancy.  Damage caused by installation or use of temporary facilities shall be repaired, particularly foundations and underground installations for construction facilities shall be removed and areas of the site affected by temporary installations shall be filled and graded to required elevations and slopes.

243.15 Certificates of Occupancy

In the event that work covered by a building permit cannot be completed due to seasonal constraints or for other reasons, the building inspector, provided that it is found that the building can be occupied safely, may issue a Certificate of Occupancy subject to the submittal of a bond or other appropriate form of guarantee necessary to insure completion of such work.  In lieu of a bond or guarantee, the building inspector shall cause a contract to be executed between the owner or permittee and the Town describing the work to be completed.  The obligations and covenants in said contract shall be binding upon all successors and assigns of said owner or permittee.

All deferred work shall be completed within a period not to exceed six (6) months from the date of issuance of a Certificate of Occupancy.  In the case of a contract as described in subsection A., failure by the owner or permittee to complete the work shall be deemed a violation of this LUC, and the building official may cite the owner or permittee into the municipal court for said violation or violations.  The building official shall further have the right to bring causes of action or suit for injunctive relief or specific performance as determined to resolve the deficiency.

Notwithstanding the provisions of the two paragraphs above, no Certificate of Occupancy shall be issued by the building inspector where a building permit has been issued in conjunction with a special review use approval by the Town Council and the owner or developer has not completed site improvements, amenities, and other conditions imposed as a condition of approval.

243.16 Manufactured Home Installations

The installation of any manufactured home shall be in accordance with minimum standards adopted and promulgated by the State Division of Housing.  Manufactured homes shall be HUD certified mobile homes and UBC certified pre-constructed building units or combination of pre-constructed units, without motive power, where such units are manufactured in a factory or at a location other than the residential site of the completed home and are designed and commonly used for occupancy by persons for residential purposes.  Non-permanent installations shall be permitted only in mobile home parks.  Permanent installations shall be required in all other locations, including mobile home subdivisions.  Such installations shall be in accordance with manufacturers’ installation instructions.  If said instructions are not available, the following standards shall apply: Non-Permanent Installations - NCSBCS/ANSI A225.1-1994 Manufactured Home Installation, as amended; and Permanent Foundation Installations - Permanent Foundations, Guide for Manufactured Housing, September 1996, as amended.  If manufacturers’ installation instructions are not available and/or the standards referenced herein are not applicable, the owner of the manufactured home shall provide an engineered foundation system provided by a qualified professional engineer and acceptable to the building inspector.  The soil bearing capacity within the Town is established at one thousand (1,000) pounds per square inch, and the foundation installations, whether temporary or permanent, shall be designed to meet that standard unless the owner can provide an analysis prepared by a qualified professional engineer, acceptable to the building inspector, establishing a different standard.

243.17 Permit fees

The schedule of fees for the issuance of all permits called for by the Uniform Codes referenced herein shall be as follows:
Value of Work (materials and labor)

  • For $1 to $2,000, a fee of $15 plus $11 for each $1,000 or fraction of value of the work.
  • For $2,001 to $25,000, a fee of $37 plus $10 for each $1,000 or fraction of the value of the work between $2,001 and $25,000.
  • For $25,001 to $50,000 a fee of $267 plus $9 for each $1,000 or fraction of the value of the work between $25,001 and $50,000.
  • For $50,001 to $200,000 a fee of $492 plus $8 for each $1,000 or fraction of the value of the work between $50,001 and $200,000.
  • For $200,001 to $500,000 a fee of $1,692 plus $7 for each $1,000 or fraction of the value of the work between $200,001 and $500,000.
  • For $500,001 to $1,000,000 a fee of $3,792 plus $6 for each $1,000 or fraction of the value of the work between $500,001 and $1,000,000
  • For $1,000,001 and over a fee of $6,792 plus $5 for each $1,000 or fraction of the value of the work over $1,000,001.

The provisions of Section 108 Fees of the International Building Code 2006 shall apply in all other Uniform Codes referenced herein where said codes call for the issuance of permits and payments of fees.  In addition to the payment of fees, the applicant or holder of a permit shall be required to pay any plan review costs to the extent of direct costs of professional or consulting services incurred by the Town.  Fees for permits shall not be charged to any public agency, district, or unit of government, however, any plan review costs incurred by the Town because of direct costs of professional or consulting services shall be reimbursed to the Town by the public agency, district, or unit of government proposing the project.

243.18 Board of Appeals

In order to hear and decide appeals of orders, decisions, or determinations made by the building inspector relative to the application and interpretation of the codes referenced herein, there shall be and is created a Board of Appeals consisting of the Development Committee of the Town Council, the Town Manager and the Director of Community Development.  When requested the Board shall have in attendance qualified professionals in areas of expertise that are to be discussed, so as to provide insight into the complexities of the issues under consideration.

An application for appeal shall be based on a claim that the true intent of said codes or the rules legally adopted therein have been incorrectly interpreted, the provisions of said codes do not fully apply, and an equally good or better form of construction or installation is proposed.  The Board shall have no authority to waive any provision of said codes.  However, it may approve modifications to such provisions if there are practical difficulties in carrying out said provisions conditioned on a finding by the Board that special individual reasons make the strict letter of the said codes impractical and the modification is in compliance with the intent and purpose of said codes and that said modification does not lessen public health, accessibility, life and fire safety, or structural requirements.  The building inspector shall take immediate action in accordance with the decision of the Board.

Section: 243-259

Reserved