- Section 260: Standards for Hazard Areas
The intent of this Section is to protect all uses, Town residents and their property, through identification and requirement of appropriate construction activity in areas where natural hazards exist so the development is sufficiently engineered to not become and/or present a hazard.
260.2 Other Regulations
This Section applies along with all other Town and State land use regulations. If a provision of any other land use regulation conflicts with this Section, the most restrictive shall apply.
260.3 Description of Hazard Areas
Hazard areas regulated by this Section include all areas that are or may become hazardous due to environmental conditions. Hazards include but are not limited to wildfire, avalanche, landslide, rock fall, floodway and/or plain, mud flow and debris fan, unstable or potentially-unstable and/or very steep slopes, seismic effects, radioactivity, ground-subsidence, and expansive soil and rock.
260.4 Restrictions on Development
Development proposed within an area that is or has the potential to manifest into a natural hazard may be disallowed if the development is not designed and built in a manner to adequately mitigate the identified hazard or the hazard that could result in such area if the development feature is not properly engineered. Hazard areas and hazard conditions posed by the features of a development proposal should be identified as early in the development review process as possible. At the earliest possible point when information on the development is available the administrators will consult sources of information such as but not limited to the hazard map(s) to help determine if hazards and/or hazardous conditions will result or exist. As soon as reasonably practicable the administrators will discuss potential hazard areas and hazard issues with the applicant. A strategy to mitigate all identified hazards and or conditions that may result from features of the development shall be determined and agreed upon with the administrators prior to the first public hearing on the project or before a building permit is issued. Appropriate development agreements shall be drawn up for mitigation activities as necessary.
260.5 Classification of Hazards
For purposes of administration hazard areas can be defined using all reasonable and objective sources of information for the differing types of hazards and/or conditions. Hazards are valid only in areas where it can be objectively established that the identified hazard exists.
260.6 Post Approval Requirements
No variances are allowed from the provisions of this section of the LUC.
- Section 261: Standards for Floodplains and Floodways
The intent of this Section is to ensure that all development, including but not limited to, roads, bridges, subdivisions, and gravel pits, do not impact or become impacted by development in a floodplain and/or floodway and development is in compliance with the National Flood Insurance Program. Flood hazard areas of the town are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and, when inadequately anchored, damage uses in other areas. Uses that are inadequately flood-proofed, elevated, or otherwise protected from flood damage also contribute to the flood loss.
261.2 Methods of Reducing Flood Impact
In order to accomplish the purpose of managing the floodplain as established under the National Flood Insurance Program and those Town policies for development in the floodplain, these standards include methods and provisions for:
- Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
- Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
- Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
- Controlling the filling, grading, dredging, and other development which may increase flood damage; and,
- Preventing or regulating the construction of flood barriers that will unnaturally divert flood waters or which may increase flood hazards in other areas.
Unless specifically defined below, words or phrases used in this Section shall be interpreted so as to give them the meaning used in common language and to give this Section the most reasonable application.
"Area of special flood hazard" means the land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year.
"Base flood" means the flood having a one percent (1%) chance of being equaled or exceeded in any given year.
"Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.
"Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or
- The unusual and rapid accumulation or runoff of surface waters from any source.
- "Flood Hazard Boundary Map 11 (FHBM) means the official map issued by the Federal Insurance Administration where the areas of special flood hazard have been designated Zone A.
"Habitable floor" means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor.”
"Mobile Home" means a structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.
Structure means a walled and roofed building or mobile home that is principally above ground.
"Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent (50%) of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
261.4 Lands to Which this Section Applies
This Section shall apply to all areas of special flood hazards (mapped floodplains) and all floodways, including obvious dry arroyos, within the jurisdiction of Town of Rangely. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled “The Flood Insurance Study” for the Town of Rangely, effective September 28, 1990, with an accompanying flood insurance rate map is adopted by reference and declared to be a part of this Section and is on file at the Town Hall, Rangely, Colorado.
No structure or land development feature (road, pond, etc) or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of these standards and other applicable regulations.
261.6 Abrogation and Greater Restrictions
These standards are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where these standards and another resolution, ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
In the interpretation and application of these standards, all provisions shall be:
- Considered as minimum requirements;
- Liberally construed in favor of the governing body, and;
- Deemed neither to limit nor repeal any other powers granted under state statutes.
261.8 Warning and Disclaimer of Liability
The degree of flood protection required by these standards is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. These standards do not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. These standards shall not create liability on the part of the Town.
261.9 Establishment of Development Permit
For purposes of development in the floodplain an approval shall be obtained before construction or development begins within any area of special flood hazard as established. Application for an approval shall be made on forms furnished by the Town and approval is subject to the information and submittal requirements of this LUC as applicable. The receipt of an approval under this LUC is regarded as the appropriate permit for compliance with this Section. Specifically, the following information is required:
- Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;
- Elevation in relation to mean sea level to which any structure has been flood-proofed;
- Certification by a registered professional engineer or architect that the flood-proofing methods for any non -residential structure meet the flood-proofing criteria and,
- Description (and engineering) providing information of the extent to which any watercourse will be altered or relocated as a result of proposed development and evidence that the development has mitigated potential impacts to surrounding uses and property.
261.10 General Standards
In all areas of special flood hazards the following standards shall apply:
- All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
- All mobile homes shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties or ground anchors. Specific requirements shall be that:
- over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile homes less than 50 feet long requiring one additional tie per side;
- frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with mobile homes less than 50 feet long requiring four additional ties per side;
- all components of the anchoring system be capable of carrying a force of 4,800 pounds; and,
- any additions to the mobile home be similarly anchored.
261.10.2 Construction Materials and Methods
- All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
- All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
- All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
- New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and,
- On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
261.10.4 Subdivision Proposals
- All subdivision proposals shall be consistent with the need to minimize flood damage;
- All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
- All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and,
- Base flood elevation data shall be provided for subdivision proposals and other proposed development that contain 10 or more lots and/or 5 or more acres.
Any proposed development shall be analyzed to determine effects on the flood carrying capacity of the area of special flood hazard.
261.11 Specific Standards
261.11.1 Residential Construction
New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.
261.11.2 Nonresidential Construction
New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall have either the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall:
- be flood-proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
- have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and be certified by a registered professional engineer or architect that the standards of this Subsection are satisfied.
261.11.3 Manufactured Homes
Manufactured homes shall be anchored in accordance with this standard. All manufactured homes or those to be substantially improved shall conform to the following requirement:
A manufactured home that is newly installed or has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and shall be securely anchored to an adequately anchored foundation system to resist floatation, collapse and lateral movement.
Development located within areas that are or could be designated as floodways are an extreme risk due to the velocity of flood waters which carry debris, potential projectiles and erosion potential. The following provision shall apply to all areas that could be considered floodways and flash flood channels:
It is prohibited to encroach, fill, construct new or substantial improvements, and other development unless certification by a registered professional engineer is provided demonstrating that encroachments (as defined by any of the above) shall not result in any increase in flood levels during the occurrence of the base flood discharge and/or that the development will not present undue hazard to surrounding uses and/or properties.
- Section 262: Standards for Fire Protection and Emergency Medical Service
The intent of this Section is to establish minimum regulations consistent with nationally recognized good practice for the safeguarding of life and property from the effects of fire, wildfire, and to provide for an orderly response to emergencies. Regulations in this Section of this Code are intended to mitigate the risk to life and structures from intrusion of fire, from wildland fire exposures, fire exposures from adjacent structures and to mitigate structure fires from spreading to wildland fuels. The extent of this regulation is intended to be tiered commensurate with the relative level of hazard present. The unrestricted use of property in wild-land fire hazard areas is a potential threat to life and property from fire and resulting erosion. Safeguards to prevent the occurrence of fires and to provide adequate fire-protection facilities to control the spread of fire throughout the Town and into the County and particularly in urban-wildland interface areas, shall be in accordance with this LUC. This standard is intended to supplement the Fire Districts’ jurisdictions to provide for consistency in application and to mitigate the fire and life-safety hazards in the Town.
262.2 Level of Service and Access
Proximity to Fire/EMS Station: Development shall provide access roads capable of supporting emergency equipment year-round. Compliance with this part shall be determined in conjunction with the Standards for Transportation and Location Systems in the Conditions of the Roads/Streets section of that standard.
At a minimum, access shall consist of all-weather roads with a minimum width of 20 feet and a clear height of 13 feet 6 inches and shall be designed to accommodate the loads and turning radii for fire apparatus. They should have a gradient negotiable by the specific fire apparatus normally used at that location within the jurisdiction. Dead-end roads in excess of 150 feet (45,720 mm) in length shall be provided with turnarounds, as applicable, as determined by the Fire District of jurisdiction. All-weather road surface shall be any surface material acceptable to the administrators and fire districts that will normally allow the passage of emergency service vehicles typically used to respond to that location within the jurisdiction. The gradient for access roads and driveways shall not exceed the maximum approved by the Town and Fire Districts, generally not in excess of 10%.
Access to all water sources, required by the Fire District and/or this LUC shall be unobstructed at all times. The administrators and emergency equipment shall not be deterred or hindered from gaining immediate access to water source equipment, fire-protection equipment or hydrants
262.3 Location Systems
Marking of roads with approved signs or other approved notices shall be provided and maintained for access roads and driveways to identify such roads and prohibit the obstruction thereof or both. All road identification signs and supports shall be of noncombustible materials. Signs shall in general have 4-inch-high reflective letters with ½-inch stroke on a contrasting 6-inch-high sign. Road identification signage shall in general be mounted at a height of 7 feet (2134 mm) from the road surface to the bottom of the sign. Fire-Protection Equipment and fire hydrants shall be clearly marked in a manner approved by the administrators and Fire District. Existing roads and fire protection equipment shall be provided with address markers as noted above.
All buildings shall have a permanently posted address, which shall be placed in a visible location such as but not limited to driveway entrance, home front, garage so that it is visible from both directions of travel along the road. In all cases, the address shall be posted at the beginning of construction and shall be maintained thereafter, and the address shall be visible and legible from the road on which the address is located. Address signs along one-way roads shall be visible from both directions.
Where multiple addresses are required at a single driveway, they shall be mounted on a single post, and additional signs shall be posted at locations where driveways divide. Where a roadway provides access solely to a single commercial or industrial business, the address sign shall be placed at the nearest road intersection providing access to that site.
Identification of water sites, draft sites, hydrants and fire-protection equipment and hydrants shall be clearly identified in a manner approved by the administrators to identify location and to prevent obstruction by parking and other obstructions.
262.4 Central Water Distribution Supply
All development that utilizes a central water system shall conform to the requirements of the Fire District in which it is located. In general, where a central water system is provided, fire hydrants shall be provided in all developments and shall be separated by no more than 600 feet. No dwelling shall be more than 300 feet from the nearest hydrant. Fire-fighting water sources for the proposed development should meet the requirements set forth in the National Fire Protection Association, National Fire Code, Standard 1231 'Standard On Water Supplies For Suburban And Rural Fire Fighting' or the specific fire regulations agreed upon with the Fire Protection District of jurisdiction.
262.5 Other Standards
Individual fire protection districts may have adopted or may use higher standards than those specified in this Section. If so, those higher standards will apply.
262.6 Submittal Requirements
When required by the administrators and/or fire districts, applicants shall provide a plan with a narrative describing the fire protection situation. The plan shall include a vicinity map showing the location of fire stations, route used for calculating the proximity-to-fire-station criteria, information on road design and provisions for complying with this standard.
- Section 263: Standards for Airport Impact Areas
The intent of this Section is to ensure that new construction does not impact the area around and/or the navigatable air space of the airport within the Town of Rangely.
All development that is within the airport impact area as defined in the most recent airport plan categorizing the airspace and impact area shall mitigate any potential impact and comply with Federal Aviation Regulation Part 77-Objects Affecting Navigable Airspace and any others that may apply including FAA form 7460 (reporting of structures above 1:100 foot relationship from the centerline of the main runway) or over 200 feet if further than 20,000 feet. In addition the following provisions shall apply:
263.2.1 Light sources shall be controlled or hooded so that light is directed away from the flight patterns around the airport and from any adjoining residentially zoned property or public streets.
263.2.2 No activity shall be permitted that creates any off-site electrical disturbance (especially radio transmissions to or from any aircraft).
263.2.3 No emission of air contaminants in the form of smoke or visual deterrent from any source within the boundaries of any lot or tract shall be allowed if it has the potential to impact the navigable airspace around an airport.
263.2.4 No material change shall be made in the use of land and no structure or tree shall be erected, planted, altered or otherwise established that would result in an obstruction into the airport hazard area of the Town of Rangely airport. This regulation shall not be construed to require the removal, lowering or other changes of any structure or tree not conforming to this regulation as of its adoption date.
- Section 264: Standards for Oil and Gas Operations
These standards are established to mitigate the dangers to the public health, safety, and welfare inherent in the management of oil and gas operations in proximity to public improvements and industrial, commercial, and especially residential uses.
These standards apply to all new and or substantially expanded (20%) residential, commercial, and industrial development; to residential, commercial, or industrial structures; to the construction of new public roads; and to the drilling of new oil and gas wells; siting of new storage tanks, heater/treaters, pipelines, water injection lines and other oil field improvements within the Town. The opening up or re-drilling of inactive wells shall not be subject to the setback requirements set down for the drilling of new wells. Where the requirements of the Colorado Oil and Gas Conservation Commission, the International Uniform Fire Code, or other federal, state, or local regulations are applicable; the more restrictive regulation shall take precedence. No permits shall hereafter be issued, nor approvals granted under this Code, without first complying with the terms of this Section on Oil and Gas Operations.
- High Pressure Gas Line. A gas line of 100 psi. (lbs./sq. inch) pressure or greater.
- High Pressure Water Injection Line. Any water line of 500 psi (lbs./sq. inch) pressure or greater, and intended for the purpose of assisted recovery of hydrocarbons.
- Inactive Oil, Gas, or Injection Well. For the purposes of these regulations, inactive wells are those wells not currently producing, and sealed off; the term "inactive" may be applied to a well temporarily shut-in but subject to the possibility of being rendered active in the future. "Inactive wells" are those wells which are presently non-producing, or which shall be abandoned subsequent to the passage of this regulation. Wells may be considered permanently abandoned if the waiver provisions of Section 19.34.050 Inactive Oil and Gas Improvements--Waivers have been met.
- Oil and Gas Improvements. For the purposes of these regulations the term “oil and gas improvements” shall include but not be limited to wells, pumps, pump jacks, tanks, batteries, oil and gas pipelines, water pipelines, water injection lines, water lines, heaters, treaters, LACT units, pump stations, compressor stations, and any and all other equipment pipelines, and material of any kind or type used, or to be used, in the drilling, fracking, producing, and marketing of any substances which now are, or which may be in the future be, produced from any mineral lease tract within the Town of Rangely.
- Producing Oil, Gas, or Injection Well. A well currently operational and under production, either in the extraction of oil or gas, or in the injection of water, steam, or gas for purposes of secondary or tertiary recovery.
- “Sour” Gas. Gas which contains one (1) grain or more or sixteen (16) parts per million or more of H2S per one hundred (100) scf. (standard cubic feet).
- Subordination Agreement. For purposes of this act, subordination agreement shall be defined as a written relinquishment of surface rights by an owner of mineral operating rights and allocation of liabilities between surface owners and owners.
- “Sweet” Gas. Gas which contains less than one (1) grain or sixteen 16 parts per million of H2S per 100 scf (standard cubic feet.)
- Well or Oil Well. A well or hole drilled into the earth for the purpose of exploring or extracting from the earth oil, gas, or other hydrocarbon substances, or a well or hole in the earth by means of and through which oil, gas and other hydrocarbon substances are extracted, produced, or capable of being produced from the earth, or a well or hole for the purpose of secondary or tertiary recovery or disposal thereof (i.e., water injection well, etc.).
264.4 Uniform Setbacks
Uniform setbacks between oil/gas improvements, and public rights-of-way, and residential, commercial, and industrial structural improvements are established as follows:
Improvement Setback (feet) 1. Setback of oil and Gas wells, active or inactive, from principal or accessory residential, from wellhead commercial or industrial structures, and vice-versa. 150’ radius 2. Setbacks or producing or inactive water injection well from principal or accessory residential, from wellhead commercial or industrial structures and vice-versa. 150’ radius 3. Setback of producing or inactive oil, gas, and water injection wells, from edge of a public right of way (ROW), from wellhead and vice-versa. 75’ radius 4. Setback of edge of perimeter berm of oil storage tanks from principal and accessory residential, commercial, or industrial structures, and vice-versa. 150’ 5. Setback of edge of perimeter berm of oil storage tanks from edge of public ROW’s, and vice-versa. 75’ 6. Setback of producing or inactive oil, gas, and water injection wells and edge of oil storage tank perimeter berm from places of assembly, schools and vice-versa. 300' 7. Setback of high-pressure water injection line from all principal and accessory residential, commercial, or industrial structures, and vice-versa. 35' 8. Setback of oil and gas flow, gathering and transmission lines containing “sour” gas, or potentially containing “sour” gas, from all principal and accessory residential , commercial. or industrial structures; places of assembly, schools, and vice-versa. 35' 9. Setback of any high pressure gas line, or any gas line without odorant, from all principal and accessory residential, commercial, or industrial structures, places of assembly, schools, and vice-versa. 35' 10. Setback of low-pressure odorized “sweet” gas lines, including main municipal service lines, from principal and accessory structures of any use and vice-versa. 15'
264.5 Waivers for Inactive Oil and Gas Improvements
Any applicant wishing to perform activities within the limits of setbacks as set down above may apply for a waiver of all or a portion of these requirements, as they might apply to any inactive oil or gas improvements. The Town Council, upon recommendation of the Planning Commission, may grant such waiver, if the following conditions have been met.
- Submission of a certification from a qualified professional engineer that the abandonment procedures of the Colorado Oil and Gas Conservation Commission have been adhered to in abandoning the well.
- Submission of a statement from the Colorado Oil and Gas Conservation Commission that its abandonment procedures have been complied with, provided that the commission has a record of such well.
- Proof that any surface rights of any mineral rights operator or lessee of record have been subordinated, or other proof acceptable to the Town Council, that any possibility of reutilization of the improvement has been precluded.
- Filing in the Rio Blanco County Clerk and Recorder’s office of a Surface Subordination Agreement between the owner(s) of the surface and the mineral rights lessee(s) and operator(s) and of a statement containing the legal description of the location of the oil or gas improvements (including lot and block numbers); information referencing the abandonment procedures utilized to abandon subject well, and containing official certifications of the Oil and Gas Conservation Commission and any professional engineers certifying such abandonment and containing a clause holding the Town and any applicable oil and gas lessee and operator harmless concerning any liability extending from approval of any structural improvements constructed closer than the minimum setbacks set down herein.
264.6 Aesthetic Considerations
Where new oil field improvements are being developed or installed near or within existing residential areas within the Town, those individuals or companies responsible for such improvements shall employ every practical means to mitigate aesthetic impacts, including but not limited to the following:
- Installation of low-profile tanks and/or use of berming to achieve low-profile effect.
- Use of landscaping or screening and site restoration techniques when not in conflict with International Fire Code or similar regulatory restrictions.
- Use of cellars to shield well equipment from view.
- Use of earth-tone colors, as specified by BLM regulations, on all new equipment visible from the surface.
- Prevention of mud and dust by permanent surfacing on access roads to new oil field improvements.
264.7 Surface Demarcation of Buried Oil Field Improvements
Surface "warning" markers shall be provided by any mineral rights lessee or operator delineating any subsurface oil field improvements in proximity to residential, commercial, or industrial developments at reasonable intervals, at all turning points, and adjacent to crossing of all public rights-of-way. Such signs shall identify the type of improvements so demarcated; the owner, operator, or lessee of the improvement, and a twenty-four (24) hour telephone number and address for informational purposes.
- Section 265-279