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TC Ord. No. 23-01 Amending Titles 7 and 15 of the Avon Municipal Code Concerning Landscaping RegulationsAvo n C01. QRAnO ORDINANCE 23-01 AMENDING TITLES 7 AND 15 OF THE AVON MUNICIPAL CODE CONCERNING LANDSCAPING REGULATIONS WHEREAS, the Town of Avon ("Town") is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority, and privileges to which it is entitled under Colorado law; and WHEREAS, The Town Council of the Town of Avon ("Applicant" or "Council") has submitted a Code Text Amendment ("CTA") application to modify applicable Landscaping requirements and standards of Titles 7 and 15; and WHEREAS, the Town of Avon Planning & Zoning Commission ("PZC"), after publishing and posting notice as required by law, held a public hearing on November 151h, December 61h, and finally, December 201h of 2022, prior to formulating a recommendation to the Town Council considered all comments, testimony, evidence, and Town Staff reports, and then took action to adopt Findings of Fact and made a recommendation to the Town Council to approve the Application; and WHEREAS, in accordance with AMC §7.12.020, Council and in addition to other authority granted by the Town Charter, its ordinances, and State of Colorado law, has review and decision - making authority to approve, approve with conditions or deny the Application; and WHEREAS, after publishing and posting notice in accordance with the requirements of AMC Section 7.16.020(d), Step 4: Notice, Council held a public hearing for First Reading of Ordinance 23-01 on January 101h and January 241h, 2023, and prior to taking final action considering all comments, testimony, evidence, and Town Staff reports; and then took action by approving Second Reading of this Ordinance; and WHEREAS, pursuant to AMC §7.16.040, Code Text Amendments, the Town Council has considered the applicable review criteria for a Code Text Amendment application; and WHEREAS, the Application complies with AMC §7.16.010, General Criteria, and is consistent with the Comprehensive Plan community goals by affecting Avon's various Landscaping Standards in reducing exterior water use, increasing wildfire mitigation, and in adding general best practices for landscaping practices specific to Avon; and WHEREAS, the text amendments also promote the health, safety, and general welfare of the Avon community by focusing on exterior water conservation while also increasing efforts to protect homes from the potential threat of wildfires; and Ord 23-01 Code Text Amendment: Landscaping Standards Page 1 of 4 WHEREAS, this amendment will work together in conjunction with a more fluid Landscaping Design Guide that will have examples of plantings, a recommended plant list, pictures of recommended planting styles, and other helpful information for the public. This document will be updated administratively, incorporated for use in Avon under separate action by Town Council; and WHEREAS, a new Water Efficient Landscape Worksheet for calculating irrigated water use is to be added as Appendix 7-13 to Title 7; and WHEREAS, the health, safety, and welfare of the citizens of the Avon community would be enhanced and promoted by the adoption of this Ordinance; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a Public Hearing to provide the public an opportunity to present testimony and evidence regarding the Applination, and, that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance prior to any final action prior to concluding the public hearing on second reading. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Code Text Amendments. AMC §7.28.050, AMC §7.28.060, AMC §7.28.070, AMC §7.28.080, AMC §7.28.100, AMC § 15.08.070, and AMC § 15.10.080, are hereby amended as depicted in "Exhibit A — Code Text Amendments" with strike out depicting language to be deleted and underline depicting language to be added. Section 3. Addition of Title 7 Appendix. The Water Efficient Landscaping Worksheet is hereby incorporated into the Avon Municipal Code as Appendix 7-13. Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it has passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision' means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application' means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Ord 23-01 Code Text Amendment: Landscaping Standards Page 2 of 4 Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public and this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or prevision thereof so amended, repealed, or superseded by thig Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 8. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 9. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on HEARING by the Avon Town Council on January 241h, 2023 and setting such public hearing for February 281h, 2023 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. ATTEST: SOWN p�q Got s, Mayor Miguel Jauregui Casa ev , Tow Clerk �A L. 0 ADO Ord 23-01 Code Text Amendment: Landscaping Standards ` Page 3 of 4 ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on February 281h, 2023. BY• t ATTEST: ZA y P lips, Mayor Miguel Jan APPROV AS TO ORM: C Karl H , Town Attorney Ord 23-01 Code Text Amendment: Landscaping Standards Page 4 of 4 7.28.050 - Landscaping. (a) Purpose. The purpose of the landscaping standards is to ensure that landscaping in the Town: (1) Integrates building sites with natural topography and existing vegetation; (2) Minimizes disturbed areas; (3) Conserves limited water resources by prescribing acceptable water irrigation design budgets; (4) Reduces water use and off -site impacts which can affect the Eagle River; (5) Reduces the amount of reflected glare and heat absorbed in and around developments; (6) Breaks up large expanses of parking lots; and (7) Preserves residential neighborhoods by lessening the impacts of potentially incompatible uses. (b) Applicability. This landscaping Section shall apply to all new development and redevelopment as provided in Subsection 7.28.010(b). Shall be ae indinated in Tahln 7 7S!_G2 WPM (1) Landscape plans for multi -family and commercial properties shall be designed by a licensed landscape architect, QWEL certified professional, or a professional landscape designer, unless otherwise specified. Inspection and compliance with approved landscape plan must be obtained prior to issuance of a certificate of occupancy. (2) Modifications, expansions, or the addition of new irrigated area(s) being added to a property with an existing irrigation system, may require a combined assessment of the total irrigated area and water use as part of the development permit review. (G) RequiFed LandGGaped AFea. Maximum OFFigated- -area fie—re-ap-A zoning d'StF'Gt shall be as 'Rd'E;ated iA T�hln 7 7S2_R hnlnw. . NZ WN I IN CTA22004 Exhibit A Page 1 (c) Landscape Design Irrigation Budget. (1) All irrigated landscaped areas must be included in the calculation (Appendix 7B). The total irrigation water cannot exceed a maximum applied landscape design irrigation budget of 7.5 gallons/season/square foot of irrigated landscape area (12 inches/season). At the discretion of the Director of Community Development, an increase in the landscape design irrigation budget to 8 gallons/season /square foot (12,8 inches season) may be permitted if implementing one or more of the following landscaping design elements to incentivize health landscapes: (i) Non irrigated protected native vegetation. (ii) Ecological restoration areas. (iii)Non-irrigated permeable areas. (iv)Stormwater conveyance infrastructure. (d) Pla4Material and Water Need (1) Aside from the use of invasive and/or noxious plant species, any plant can be utilized in a landscape plan. The Landscape Design Irrigation Budget (Appendix 7-B) requires each plant to be classified as low water, medium water, or high-water use. These categories are necessary for calculating the plant water need. An estimate of the plant water needs in gallons per square foot per season, must be provided for any proposed vegetation in the proposed landscaping design. (2) Each hydrozone shall plant materials with similar water use. (3) Plants shall be selected and planted appropriately based upon their combatibility factor and adaptability to the climatic, soils, ignition potential, elevation, and topographical conditions of the_proiect site. To encourage efficient use of water, the following are highly recommended: (i) Protection and preservation of native species and natural vegetation to the greatest extent practicable. (ii) Selection of plants based on water need, disease, wildfire potential, and pest resistance. (iii)Recognition of horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure. (iv)Consideration of the solar orientation and type of plant with plant placement to maximize summer shade and winter solar pain. (v) Consideration of wildlife. The Town of Avon does not recommend use of fruit -bearing vegetation that may increase human -wildlife conflicts. Any damage resulting from wildlife foraging on fruit -bearing landscaping material is the responsibility of the property owner. CTA22004 Exhibit A Page 2 (4) Protected native vegetation areas without irrigation are incentivized through the landscape design irrigation budget calculation. (5) Invasive and/or noxious plant species are prohibited. (6) Turf is not allowed on slopes greater than 4:1. Use of best practices for erosion control will be implemented on steep slopes. (7) Irrigation work performed within the drip line of existing trees requires hand grubbing no deeper than 6 inches (6") and must be as far from tree trunk as practically possible. Do not cut roots larger than four inches (4") in diameter (dig under or around). (8) Stormwater management practices minimizes runoff and increases infiltration which recharges groundwater and improves water quality. The implementation of stormwater best management practices like use of bioswales in landscape and site plans is encouraged. a drainage report will have the following hydro zone values: (i) Non -irrigated permeable surfaces without plants are incentivized through the landscape design irrigation budget calculation. (ii) For purposes of the calculation, stormwater conveyance infrastructure such as vegetated bioswales shall apply a plant factor value representing the plantings with an efficiency value based on the irrigation method. These areas are incentivized through the landscape design irrigation budget calculation. (10) Project applicants shall refer to the Town of Avon Engineering Department for information on any applicable stormwater ordinances and stormwater management plans. (4) (e) Landscape Buffer. The following regulations apply to properties where a nonresidential district or use abuts a residential district or use: (1) A minimum fifteen -foot -wide buffer space shall be provided. (2) The buffer shall be designed with adequate landscaping or screening to properly separate the differing uses. (3) (4) A solid maenn y Wwalls, boulders, fencing, or a combination of design elements that support the intention of creating a buffer, minimum six (6) foot in height may be substituted for required shrubs. (5) Where a natural buffer exists, as determined by the Director, it shall remain undisturbed, M." CTA22004 Exhibit A Page 3 Planted OR the residenfial side of the fenne (7) Mechanical equipment, permanent detention and temporary erosion and sedimentation control basins are prohibited in the buffer area. (8) Utility easements should avoid being placed in the long dimension of a buffer yard. (9) Wherever practical, pedestrian access shall be placed through the buffer yard. (f) Wildland Urban Interface. All landscaping improvements installed after the effective date of these regulations must comply with any WUI policies, plans, or codes, as adopted and amended by the Avon Town Council. (1) Avoid fire -prone plant materials and highly flammable mulches and design landscaping per its wildfire hazard potential. Landscaping design plans for projects in fire -prone areas shall address fire safety and prevention. Further, all landscape plantings for properties in a best wildfire (i) 0-5 feet from a residence. Highly flammable vegetation such as trees or shrubs shall not be planted within the first five feet of any structure. Landscaping in this zone may include hardscaping such as on -grade patios, walkways, driveways, or similar; non-combustible mulch such as pea gravel, cobble and stone; or perennial flower beds or low ground cover. (ii) Trees planted immediately adjacent to the five-foot zone that encroach within five feet of a residence should be limbed up to a height of six feet or one-third the total height whichever is less and should be trimmed or pruned to leave at least a two -foot gap between the nearest branch and the building. (2) Wildfire mitigation is permitted within areas classified or restricted as non -developable. Proposed mitigation in these areas must be approved by the Town of Avon, (g) Road Right -of -Way. Landscaping outside of necessary revegetation materials used for erosion control or that landscaping as installed and maintained by the Town of Avon shall not be permitted in any right-of-way. (1) Landscaping placed adjacent to road -right-of-way may not encroach into actual road -right-of- way. Encroaching landscaping may be removed by Town of Avon. (2) Approved address markers may be placed in road -right-of-way with permission. CTA22004 Exhibit A Page 4 (i) Landscaping Requirements, All hydrozones shall contain a combination of vegetation or vegetation and non -vegetative alternatives (e.g., boulders) to create creative installations with varying heights. Table 7.28-7 Landscape Units AwaFded Materials - Size and Area Requirements Landscape Material Landseape Ne 1, L4eta11 J C*ting D., Evergreen Tree minimum 1.5" Caliper EVGF,.reeR tFe > 19' high €VercgeeA tTehigh C . R tFe 6 ❑' high €vergreeR Fee, 6' high 44 4 ral t} 4 2 Deciduous Tree minimum 1.5" Caliper " calow �lesideoae tree, >4 °�- GalipeF Besiawews4ree, 1.5 2.6"Galipere; FRURI stern 48 44 8 44 7- S 4 4 Shrubs, minimum 5-gallon 4 4.2 ShFubs;-2-gallee Perennials / ground cover, minimum 2.5 Qt or 1-gallon Annual flower bed — No minimum plant size (Calculated by area) 1 per nnn 4 per180 sp-ft. erissape Low-water or'Mountainscape' ground cover — No minimum lant size Calculated by area using mature width of planisl 2 r9F 209 0.2 PeF basket A.9a-peF 4iReaFfeet 1 Was4w4awee� i Ci,,weF basket suppeO � Earthen berm, minimum 18" high —_..-.--._ .. ___ ___..__ ___. __.._._ _..___.._ HaFdssape M@terlal 9p4it- Fall -fease CTA22004 Exhibit A Page 5 Shredded bark or 2"- rock mulch such as river rock Ornamental pavers — not to exceed 50% (Calculated by area) Permeable Pavement — not to exceed 50% (Calculated by area) Landscape boulders, 3' or greater in height 1 Rockery — No minimum plant size (Calculated by area) Crevice Garden — No minimum plant size (Calculated by area) 1 peF 600-sq-A 1 peF 250 "^ 2 PeF bGW� Seating — No minimum (Calculated by area) Landscape lighting, sculpture, art, and/or sheltering structure/landmark, 0.40 PeF ii. eaF feet As det^'ffliRed by DiFeGt4gF rain garden, bioswale„ use of recycled and/or repurposed materials — No minimum plant size Calculated by area) Low-water native vegetation as defined by CO Native Plant Society L(CoNPS) — No minimum plant size (Calculated by area) CoNPS Certified Native Garden "Bronze" — No minimum plant size Calculated by area CoNPS Certified Native Garden "Silver"— No minimum plant size (Calculated by area CoNPS Certified Native Garden "Gold" — No minimum plant size (Calculated by areal ° a8°6 (j) Plant selection shall emphasize low-water native mountain region vegetation ('Mountainscape') and shall limit the use of high-water use plant species. All required landscapes, except for dry landscapes, shall include a designed irrigation system. (k) Non -Native Turf Grass, Irrigated turf may be used for essential uses including parks, sports fields, Play —grounds, and in reasonable portions of residential yards. Use of Kentucky Bluegrass is prohibited in nonessential areas. Nonessential irrigated turf is to be replaced with water -wise landscapinq as much as practicably possible without impactina aualitv of life or landscape functionality. Examples of nonessential turf areas include but are not limited to: medians; areas adjacent to open spaces or transportation corridors; areas sloped with more than a twenty-five percent grade; storm water drainage and detention basins; commercial, institutional, or industrial properties; areas that are neither designed nor used for passive or active uses. (1) Rockeries. (1) Purpose. The general intent of the planted rockery standards is to reduce the necessity for excessive grading and encouraqe stepping of driveways and buildings with a natural landscape feature mimicking a talus slope (1:1 slope consisting of naturally occurring fallen rock with vegetation) common in alpine environments. CTA22004 Exhibit A Page 6 (2) Standards for Planted Rockeries. (i) Rockeries may be utilized wherever finished grades cannot meet the recommended standards of this Development Code due to naturally occurring topography and other site development constraints. (ii) Rockeries shall be constructed with soil infill between stones for tree, shrub, perennial, or grass plantings. (iii) A rockery shall not exceed seven (7) feet in height unless approved by the PZC. (iv) The design of rockeries shall be constructed of materials compatible with the site local eog logy• (v) Rockeries over four (4) feet in height shall be structurally designed and certified by Colorado licensed professional engineer or architect. {#) m) Parking Lot Landscaping. The following landscaping requirements shall be met for all off-street surface parking lots. (1) Parking Lot Perimeter Landscaping: (i) Perimeter parking lot landscaping a minimum width of six (6) feet shall be required for all parking lots having more than ten (10) spaces. (ii) A minimum of eighty percent (80%) of the length of the planting strip shall be used to screen the parking area from the street. The screen shall be a minimum of thirty (30) inches in height and may consist of a berm, wall, plant material, dryscape materials, or combination thereof. (iii) Where lots are being developed in a mixed -use district, the parking lot perimeter landscaping requirement may be reduced along an interior lot line, at the discretion of the Director, provided that interior parking lot landscaping applies to both parking lots. (2) Internal Landscaping: (i) Landscape strips shall be installed between the parking rows of every other double row of parking when parking rows exceed fifty (50) parking spaces. (ii) Landscape islands shall be installed for every ten (10) parking spaces contained in a parking row, either within the parking row or at the end of the parking row. (3) Curbs. Landscaped areas within parking lots or the along perimeter of the property must be protected from vehicular traffic through the use of continuous concrete curbs. At least one (1) break per thirty (30) lineal feet of curb is required to allow for runoff inflows into the landscaped areas. (4) Internal Landscaping Island Design. The intent of internal landscape islands are to separate CTA22004 Exhibit A Page 7 pedestrians from vehicles. Internal landscape islands shall: (i) Be a minimum of six (6) feet in width. (ii) Be at least two hundred (200) square feet. (iii) Be sunken below the level of the parking lot surface to allow for runoff capture within bioswales or similar. (iv) Incorporate low-water deciduous shrubs, deciduous trees, perennials, and or ornamental grasses in each island. (v) Contain a minimum of fifty percent (50%) living landscaping material, with a maximum of fifty percent (50%) nonliving landscaping material. Aeyed-Ssidewalks or pathways may be afe-Rot ounted toward the nonliving landscape material percentage. (5) Internal Landscaping Strip Design. The intent of internal landscape strips are to separate pedestrians from vehicles. Internal landscape strips shall: (i) Be a minimum of ten (10) feet in width and shall extend the length of the parking row. (ii) Include a four -foot -wide sidewalk and a six -foot -wide fflee-striff area for installing landscaping. (iii) Meet ff4aetiRg requirements for interior landscape islands, as outlined above. (6) Sight Distance Triangle. A sight distance triangle within the off-street parking area must be established at street intersections by maintaining a maximum height for shrubs and ground cover of thirty (30) inches as measured from the driveway surface. No obstructions are permitted in the sight distance triangle, including tree branches that must be trimmed within eight (8) feet of the ground. All applicable sight distance requirements must be met for parking lot internal circulation and access points to the public right-of-way. (#} (n) Landscaping Standards. All landscaping elements, including but not limited to planters, retaining walls and berms, must be specifically approved and shall conform to the following standards: (1) Preservation of Existing Vegetation. Landscaping plans should be designed to preserve and protect existing native vegetation and mature trees, unless wildfire mitigation is necessary. Landscape credit shall be awarded for preserved vegetation as indicated in Table 7.28-7, Landscape Units Awarded, above, where the Director accepts the existing vegetation as being in good health and meets the intent of the landscaping requirements of this Chapter. (i) No trees or vegetation shall be removed except as specifically allowed in this Section. (ii) No trees or vegetation except for noxious, non-native vegetation or vegetation found by the Director to be imminently threatening property, at risk of disease due to overcrowding, posing high fire danger, or potentially encroaching into easements shall be removed. CTA22004 Exhibit A Page 8 (iii) All native landscaping shall be kept in its native state, to the greatest extent practicable. (iv) Significant trees and vegetation that are removed from a site shall be replaced as set forth in this Section. a. Significant Trees. Significant trees, as defined by this Section, shall be preserved to the maximum extent feasible. (1) A significant tree means a tree of at least eighteen (18) inches in diameter for a deciduous tree and twelve (12) inches for evergreens, measured at a height of fifty-four (54) inches above the ground, (2) When a significant tree is removed, it shall be replaced on the lot or offsite on an approved location with a minimum of two trees a minimum height of eight (8) feet or a minimum caliper of two and one-half (2.5) inches. Alternative landscaping in the way of art installations or similar non -irrigated materials may be considered in lieu of vegetation. (3) Replacement trees shall be maintained through an establishment period of at least three (3) years, except that single-family and duplex dwellings shall have an applicable establishment period of one (1) year. (4) It is the responsibility of the property owner to preserve and maintain any established significant tree. Maintenance shall include wildfire mitigation. (5) Alternative tree removal guidelines are at the discretion of the Director (2) Protective Fencing During Construction. All vegetation, significant trees anti Fees intended inter Bede shall be fenced in accordance with this subsection before grading or other land - disturbing activity begins, The Director shall consider existing site conditions in determining the exact location of any tree protection fencing. (i) Type of Fencing. The developer shall erect a plastic mesh fence, straw bale or equivalent method of fencing at the perimeter of the designated building envelope and a minimum of four (4) feet in height at the drip line around each tree or group of trees within the building envelope to prevent the placement of debris or fill on vegetation to be preserved or within the drip line of any tree. (ii) Inspection. All tree and vegetation protection measures shall be inspected and approved by the Director prior to start of any land disturbing activities. Failure to have protection measures inspected prior to the commencement of construction is a violation of this Development Code. (3) Allowed Plant Materials, Proposed materials must be specified on development plans. A list of permissible plant species that are compatible with various climate zones specifically found in CTA22004 Exhibit A Page 9 the Town and that promote water conservation shall be adopted by the Planning and Zoning Commission and may be amended from time to time. The use of native plants as defined by the CO Native Plant Society is recommended. Materials not on the list may be approved if the Director determines that they are equally or more suitable for local soil conditions, climate and water conservation goals and would provide the same or better level of visual benefits, and have desired growth habits. No noxious weeds, as defined by Chapter 8.36, are permitted for use in the Town. (4) Noxious Vegetation and Diseased Trees. The identification and removal of noxious, non- native, or diseased vegetation is required and shall be in compliance with Chapter 8.36. (5) Dead Landscaping. Replacement may be permitted within a reasonable proximity to the original location. It may not be possible to remove the dead vegetation in its entirety due to erosion or similar concerns. Dead vegetation may be replaced with non -vegetative materials (e.g., a boulder, art/sculpture, etc.), upon approval of the Director. (6) Landscape Plan Required. All -landscape plans must note and delineate: (i) All planting areas (ii) Hydrozones with similar microclimate, soil conditions, slope, and plant materials with similar water demand. Individual hydrozones that mix high and low-water use plants shall not be permitted. Hydrozone areas shall be designated by water use intensity and identified by number, letter, or other designation on the landscape design plan and irrigation design plan. (iii) Type of mulch and application depth. (iv) Identify soil amendments, type, and quantity. (v) Quantify areas of both pervious and impervious hardscapes. (vi) Location and installation details of applicable stormwater features including infiltration beds, swales, and basins that allow water to collect and soak into the ground. (vii) Detail any applicable rain harvesting, or catchment technologies as permitted by the State of Colorado. (7) Irrigation Plan Required. i. Irrigation Plans shall demonstrate the following: (A) Backflow prevention devices that protect the potable water supply from contamination by the irrigation system and comply with local plumbing codes. (B) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve), near the point of connection of the water supply. CTA22004 Exhibit A Page 10 (C) Master shut-off valves and flow meters integrated with the automatic irrigation controller on all projects except irrigation systems that make use of technologies that allow for the control of sprinklers that are individually pressurized. (D) Dedicated landscape water meters or sub meters for all non-residential irrigated landscapes five thousand (5,000) sq. ft. or more. (E) For all nonresidential properties, smart irrigation controllers labeled by U.S. Environmental Protection Agency's WaterSense Program or with published reports from Smart Water Application Technologies are required. If a flow meter is used, then the controller shall be able to use inputs from the flow meter/sensor to control irrigation if flows are abnormal. (F) Sensors (rain, freeze, wind, soil moisture etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions or when sufficient soil moisture is present. (G) The following table shall be provided on all irrigation plans: Landscape Area Provided Total irrigated area Spray area Drip area % of Lot/ Square Footage % of landscaped area/ square footage % of irrigated area/ square footage % of irrigated area/ square footage (measured as three (3) square feet per sprinkler head, unless otherwise shown) ii. The irrigation system design shall: (A) Prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non -targeted areas, such as adjacent property, non - irrigated areas, hardscapes, roadways, or structures. Restrictions regarding overspray and runoff may be modified if the landscape area is adjacent to permeable surfacing and no runoff occurs or if the adjacent non- permeable surfaces are designed and constructed to drain entirely to landscaping. (B) Conform to the hydrozones of the landscape design plan. (C) Have matched precipitation rates within a hydrozone, unless otherwise directed by the manufacturer's recommendations. (D) Meet the required operating pressure of the emission devices using valve pressure regulators, sprinkler head pressure regulators, inline pressure regulators, booster pumps, or other devices. The pressure and flow measurements identified at the design stage will be verified prior to the installation of the system. (E) Meet the requirements set in the American National Standards Institute (ANSI) standard, ASABE/ICC 802-2014 "Landscape Irrigation Sprinkler and Emitter Standard CTA22004 Exhibit A Page 11 authored by the American Society of Agricultural and Biological Engineers and the International Code Council and verified by an independent third -party. (F) Achieve the highest possible sprinkler spacing distribution uniformity using the manufacturer's recommendations. All sprinkler head installed in the turfgrass areas shall have a distribution uniformity of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014 standard. (G) Minimum pop-up height for sprinklers in turf -grass areas is 6". iii. All irrigation shall be designed and operated according to the watering schedule as imposed by the Eagle River Water and Sanitation District (ERWSD). iv. Above ground temporary sprinkler irrigation may be used to establish vegetation on otherwise non -irrigated portions of the landscaped areas; however, such temporary systems must be removed upon sufficient vegetation establishment as determined by the Director, which shall not exceed one (1) year for ground cover, two (2) years for shrubs or three (3) years for trees. v. Irrigation Management. (A) Irrigation management includes planning water use, monitorinq water use, and verifying that the equipment is maintained and properly adjusted for optimal performance. (B) Add landscape materials adjustments to the system should be in harmonv with the original intent of the irrigation design. (C) Scheduling of irrigation events should match the needs of the plants to maintain health, appearance, and meet the function of a landscape. vi. Irrigation Audit (A) All multi -family and commercial projects must undergo an irrigation audit prior to Certificate of Occupancy. For single-family projects, the Town may require an irrigation audit for the proposed landscaping depending on the size and or nature of the proposed irrigation system or water demand for landscaping. (B) All landscape irrigation audits shall be conducted by a third -party certified landscape irrigation auditor. Irrigation audits shall not be conducted by the person or company who installed the irrigation system. (C) The irrigation audit report shall include, but is not limited to: a. System test with distribution uniformity for all turf areas and at least 10% of remaining zones for a well -represented collection of zones; b. Reporting overspray or runoff that causes overland flow; CTA22004 Exhibit A Page 12 c. Examination of an irrigation schedule, or preparation of one if necessary, including irrigation controller's configuration with application rate, soil types, plant factors, slope, exposure, and any other factors necessary for accurate programming; and d. System tune-up recommendation. Applicant will work with auditor to reconcile recommendations & off the punch list to meet the standards. vii. Soil Amendment. (A) Topsoil of irrigated grasses (including turf), shrubs, perennials, and annuals shall consist of material best suited for the subject property. Depth of topsoil shall reflect the surrounding environmental conditions including annual rainfall and elevation. (B) Amended tree soil should have a minimum planting hole diameter of two (2) times as large as the root ball diameter. Both topsoil and subsoil lavers shall consist of material best suited for the subject property. The percent of organic matter for the topsoil and subsoil shall be measured by weight in accordance with best planting practices. Depth of topsoil shall reflect the surrounding environmental conditions including annual rainfall and elevation. (C) The soil shall have no herbicides, heavy metals, biological toxins or hydrocarbons that impact plant growth or exceed the Environmental Protection Agency's standards for soil containment. (D) All applicable soil criteria and standards shall be noted on the landscape design plan. (1) Mulch Criteria. a. Organic mulch material, depth, and coverage, shall be applied as appropriate to each species and mulch type. It shall be applied to the soil surface and not against the plant stem or high against the base of the trunk to minimize disease. b. Organic mulch material includes bark and wood chips. Mulch consisting of construction debris such as pallets is prohibited. c. Inorganic mulch includes rock, gravel, or pebbles. Mulch rock shall have a minimum depth of two inches (2"). Inorganic mulch is recommended where practicable as it does not hold or absorb water. (8) Revegetation Required. (i) All disturbed areas must be adequately reseeded and restored on all projects. (ii) In all disturbed areas, soil must be prepared with tilling and the addition of decomposed organic matter such as, but not limited to, compost, composted horse manure or composted chopped straw or hay. Straw tackifier or matting on steep slopes is required to prevent soil erosion. The addition of decomposed organic matter is also required prior CTA22004 Exhibit A Page 13 to turf installation. (9) Guarantee of Installation. Required landscape improvements shall be installed prior to issuance of a certificate of occupancy for all structures. (10) Maintenance. All landscape improvements shall be maintained and replaced by the property owner. (11) Dry Landscape Substitutions (i) The following table identifies materials that may be used for landscaping purposes: Table 7,28-8 Boulders 124" x 30" Dry creek bed or other significant landscape Shade structure or other structure. Small bridge, pavilion, etc. I Fine art/sculpture _ Small garden ornaments are not included. _ Low-water Shrubs: density to attain fifty Two (2) gallon container (50) percent bed I size coverage after three (3) — years Other installations Play equipment, monuments, etc. Value Maxim m Use u _ Six (6) shrubs per Twenty-five (25) percent boulder One (1) shrub pertwelve Fifty (50) percent (12) square feet I One (1) shrub per twelve 12 s uare feet One (1) shrub pertwelve . Twenty-five (25) percent (12) square feet I No limitation i As determined by As determined by Director Director (o) Hydrant Clearance and Landscaping. In addition to the provisions of 13.04.100, no landscapinq is permitted 20 feet above a hydrant. 7.28.060 - Screening. (a) Purpose. Certain site features are required to be screened from public view or adjacent properties, as indicated in this Section. The purpose of buffers and screening is to mitigate the view, lighting, noise, heat, and odor impacts of vehicles, pavement or other more intense or high intensity uses. All fences, walls and plant materials used to meet the screening requirements of this Section shall meet the related standards of this Chapter. (b) Screening Required. The following shall be screened on all properties: CTA22004 Exhibit A Page 14 (1) All outdoor refuse facilities and recycling receptacles. (2) All antennas shall be located so that they are screened from view from any public right-of-way or neighboring property. Screening may be accomplished by or through the use of landscaping materials, existing structures, sub -grade placements or other means that both screen the antennas and appear natural to the site. (3) Satellite dishes shall be screened from neighboring properties. Screening must be accomplished through the placement of the satellite dish on the building. A separately built fence may not be used. If this standard cannot be met in a manner that achieves an operable satellite dish on the property, then the Town will work with the property owner to select the least visually intrusive placement where the satellite dish is operable. (4) Temporary installations of oil, gasoline or liquid petroleum gas tanks, if approved, shall be fully screened from view from all public rights -of -way and all neighboring properties. (c) Mechanical Equipment. The standards of this Section shall apply to all of the following: (1) Electrical and gas -powered mechanical equipment; (2) Ductwork and major plumbing lines used to heat, cool or ventilate; and (3) Power systems for the building or site upon which the equipment is located. (4) Roof and/or wall -mounted antennas and vent openings shall not be considered mechanical equipment for purposes of these screening standards. The standards of this Section are not intended to apply to solar arrays, solar energy collection systems or small wind energy systems, if such systems are otherwise in compliance with applicable building codes and development standards requirements. (d) Screening Standards (1) Roof -Mounted Mechanical Equipment. Roof -mounted mechanical equipment shall be screened by a parapet wall or similar feature that is an integral part of the building's architectural design. The parapet wall or similar feature shall be of a height equal to or greater than the height of the mechanical equipment being screened. Roof -mounted mechanical equipment, except solar energy collection systems, is prohibited on single-family residential dwellings. (2) Wall -Mounted Mechanical Equipment. Wall -mounted mechanical equipment, except air conditioning equipment (e.g., window AC units), that protrudes more than six (6) inches from the outer building wall shall be screened from view by structural features that are compatible with the architecture of the subject building. Wall -mounted mechanical equipment that protrudes six (6) inches or less from the outer building wall shall be designed to blend with the color and architectural design of the subject building. (3) Ground -Mounted Mechanical Equipment. Ground -mounted mechanical equipment shall be screened from view by landscaping, a fence or a decorative wall that is integrated into the architecture of the structure. The fence or wall shall be of a height equal to or greater than the CTA22004 Exhibit A Page 15 height of the mechanical equipment being screened. Integrating plantings into the architectural theme of buildings and their outdoor spaces to lessen differences in architecture, to mitigate building scale, or to integrate the mechanical equipment into the overall look of the site is highly encouraged. (4) Alternate Screening. Mechanical equipment that is not screened in full compliance with the screening standards of this Section shall be reviewed in accordance with Section 7.16.080, Development plan. Alternate screening methods may include, but shall not be limited to, increased setbacks, increased landscaping, grouping the equipment on specific portions of a site, architectural features and painting. (e) Loading and Service Areas. (1) All service areas shall be placed at the rear, on the side of or inside buildings. (2) No service area shall be visible from a public right-of-way or from adjacent residential areas. (3) Service areas and access drives shall be located so they do not interfere with the normal activities of building occupants or visitors on driveways, walkways, in parking areas or at entries. (4) Screening shall be a minimum height of eight (8) feet to screen truck berths, loading docks, areas designated for permanent parking or storage of heavy vehicles and equipment or materials. (5) Screening shall be long enough to screen the maximum size trailer that can be accommodated on site. (f) Outside Storage Areas. An opaque screen consisting of one (1) or a combination of the following shall be used to screen outdoor storage areas from adjacent properties and ROWs: (1) Freestanding walls, wing walls or fences; (2) Earthen berms in conjunction with trees and other landscaping; or (3) Landscaping, that must be opaque and eight (8) feet in height at maturation. (g) Shopping Cart Storage. All shopping carts shall be stored inside the building they serve. Shopping cart corrals shall be made of a material suitable for withstanding weathering and rusting. Plastic corrals are prohibited. (h) Refuse FacilitylDumpsters (1) All refuse facilities, including new refuse facilities placed on an existing development, shall be completely screened from the public right-of-way and adjacent nonindustrial zoned properties. (2) Screening shall be achieved by a six-foot masonry wall or wooden fence. A gate opening to the CTA22004 Exhibit A Page 16 facility shall be situated so that the container is not visible from adjacent properties or public ROW. Chain -link gates are not permitted. Gates must have tie -backs to secure in the open position. (i) Screening Materials and Design. (1) Unless otherwise provided in this Section, screening may be accomplished by fencing, plant materials or both fencing and plant materials. Screening with plant materials shall achieve opacity by maturity. Masonry walls maybe allowed for screening only if they are designed as an integral component of the building architecture. In all cases, plant materials must be used to screen utility boxes. (2) No front, side or rear fence, wall or hedge may be more than six (6) feet in height, unless required in other subsections of Section 7.28.060. (3) Berms (i) Minimum Requirements: (A) Maximum slope of 4:1 for grassed areas and 3:1 for shrub beds; and (B) Berms must be stabilized with vegetation consistent with the requirements of the landscape area. (C) Berm may not be installed as a means to block views of neighboring properties or interfere with drainage systems. 7.28.070 - Retaining walls. (a) Purpose. The general intent of the retaining wall standards are to reduce the necessity for excessive grading and encourage stepping of driveways and buildings with the natural grade. (b) Standards. (1) Retaining walls may be utilized only where finished grades cannot meet the recommended standards of this Development Code due to naturally occurring topography and other site development constraints. (2) Retaining walls over four (4) feet in height shall be designed with a series of retaining walls with landscaped terraced steps. The width of the terrace between any two (2) four -foot vertical retaining walls shall be at least three (3) feet. Retaining walls higher than four (4) feet shall be separated from any other retaining walls by a minimum of five (5) horizontal feet. Terraces created between retaining walls shall be permanently landscaped. (3) A retaining wall shall not exceed seven (7) feet in height unless approved by the PZC and it is demonstrated that no alternative site layout is functional. CTA22004 Exhibit A Page 17 (4) The design of retaining walls shall be constructed of materials compatible with the site and materials of the structures on the site. Retaining walls and cribbing should utilize natural materials, such as boulders, cut rocks, stone -veneer or textured, color -tinted concrete. Timbers and railroad ties are prohibited as retaining wall materials. Where two (2) alternatively designed retaining walls meet, a cohesive transition between walls must be demonstrated. (5) Walls evef four (4) feet in height or taller or any wall supporting a vehicle load or structure shall be structurally designed and certified by a Colorado licensed professional engineer or architect. (6) Maintenance, All walls shall be maintained in good repair. Walls shall be regularly inspected to ensure stability and safety, and for aesthetic values. 7.28.080 - Fences. (a) Purpose. The purpose of these regulations is to maintain adequate visibility on private property and in public rights -of -way, to maintain the openness of properties to protect the light and air to abutting properties, to provide adequate screening by regulating the height, location and design and to promote the movement of wildlife through portions of Town. (b) Fence Design Standards. (1) Within the Wildridge Subdivision and RLD Zone Districts. All fences require approval from the Avon Planning and Zoning Commission. Although discouraged in Wildridge and Wildwood, fences should complement the property and landscape rather than contain the property. The following review criteria apply for the review of fence applications: Fence material shall be wood and no more than four (4) feet in height. Fences height shall be measured from finished arade. Grade shall not be altered for the purpose of increasing fence height. (ii) Fences shall be constructed using a split rail design with no more than two (2) horizontal rails; (iii) Fences shall not be located closer than seven and one-half (7.5) feet from the property lines; (iv) Fencesing, either partially attached to a building or free standing, shall not enclose an area of one thousand two hundred (1,200) square feet or more; (v) Fences shall ensure that wildlife migration is not negatively affected with the proposed fence design; (vi) If a fence is part of a multi -family project, approval shall be received from the association and the fence design shall be integrated with the overall landscape design of the property; and (vii) If a fence is located on a duplex property, written approval shall be received from the CTA22004 Exhibit A Page 18 adjoining property owner and the fence design must be integrated with the overall landscape design, (viii) If a fence is intended to enclose an area containing more than fifty percent (50%) edible food crops, the design must be consistent with the following criteria: (A) Have a maximum height of six (6) feet; (B) Have a maximum area of two hundred (200) square feet; (C) Be at least fifty percent (50%) open; (D) Fences with wire mesh are encouraged over solid wood; and (E) Fences enclosed on the top and greenhouses are considered accessory structures. (2) All other zone districts: (i) Compatibility. Walls and fences shall be architecturally compatible with the style, materials and colors of the principal buildings on the same lot, If used along collector or arterial streets, such features shall be made visually interesting by integrating architectural elements, such as brick or stone columns, varying the alignment or setback of the fence, softening the appearance of fence lines with plantings or through similar techniques. A fence or wall may not consist of a solid, unbroken expanse length of more than fifty (50) feet. (ii) Materials: (A) Stone walls or brick walls with a stone or cast stone cap, treated wood fences, decorative metal, cast iron fences, stucco walls and stone piers are encouraged. Solid walls and fences are permitted only in rear and side yards. Retaining walls are permitted where required for grading purposes. Hedges may be used in the same manner and for the same purposes as a fence or wall. (B) Fences used in front yards shall be at least fifty percent (50%) open. Allowable fences are split rail, wrought iron, picket or other standards residential fences of a similar nature approved by the Director. (C) Solid fences shall be constructed to meet the wind design criteria of the adopted International Building Code, using a basic wind speed of ninety (90) miles per hour. (D) Other materials may be incorporated in fences and walls and may be approved by the Director. (iii) Prohibited Materials. Contemporary security fencing such as razor wire or barbed wire or electrically charged fences are prohibited. Chain -link fencing with or without slats shall not be used as a fencing material for screening purposes. CTA22004 Exhibit A Page 19 (iv) Height Limitations. (A) No more than forty-two (42) inches high between the front building line and the front property line. For corner lots, front yard fence regulations shall apply to both street sides of lot. (B) No more than forty-two (42) inches high if located on a side yard line in the front yard, except if required for demonstrated unique security purposes. (C) No more than five (5) feet high for an opaque privacy fence located on a rear property line or on a side yard line in the rear yard. (D) No more than six (6) feet high for opaque privacy fences that are located directly adjacent to and integrated with the architecture of the house or connected to a courtyard. (E) No more than thirty (30) inches high when located within the sight distance triangle. Fences within this sight distance triangle shall not be solid. (F) In the Light Industrial and Commercial (IC) zone district, a chain -link fence is permitted so long as it is not higher than six (6) feet anywhere on the premises and not visible at the intersection, (v) Maintenance. All fences shall be maintained in good repair. Fences shall be inspected regularly to ensure stability and safety, and for aesthetic values. 7.28.100 - Natural resource protection. (a) Steep Slopes. (1) Purpose. The purpose of this Subsection is to: (i) Prevent soil erosion and landslides; (ii) Protect the public by preventing or regulating development in locations with steep slopes; (iii) Provide safe circulation of vehicular and pedestrian traffic to and within hillside areas and provide access for emergency vehicles necessary to serve the hillside areas; (iv) Encourage only minimal grading that relates to the natural contour of the land and reduce necessity of retaining walls; (v) Discourage mass grading of large pads and excessive terracing; and (vi) Require revegetation and reclamation of slopes disturbed during development. CTA22004 Exhibit A Page 20 (2) Applicability. The standards in this Section shall apply to all new development, with the exception of administrative and minor subdivisions and all other subdivision, PUD and rezoning processes that do not result in an increase in density. (3) Standards. Development subject to these standards shall comply with the following standards: (i) Development on natural slopes of forty percent (40%) or greater is prohibited. (ii) Grading Permits. No grading, excavation or tree/vegetation removal shall be permitted, whether to provide for a building site, for on -site utilities or services or for any roads or driveways, prior to issuance of a building permit in accordance with a grading and excavation plan and report for the site approved by the Town Engineer. (iii) Open Space. One hundred percent (100%) of areas with a slope greater than forty percent (40%) shall remain in natural private or public open space, except as expressly allowed in this Section. This area may be credited toward open space requirements and minimum lot area requirements. (iv) Minimum Lot Size. Where a lot contains a natural slope area of greater than thirty percent (30%) that is larger than two thousand five hundred (2,500) square feet, the lot shall be a minimum of one (1) acre in size with a minimum street frontage of one hundred fifty (150) linear feet. Lots shall not be mass -graded to avoid this provision. (v) Limits on Graded or Filled Manmade or Constructed Slopes. (A) Grading of slopes to twenty-five percent (25%) or less is greatly encouraged wherever possible. (B) Graded or filled manmade or constructed slopes shall not exceed a slope of fifty percent (50%). (C) Cut man-made surfaces or slopes shall not exceed a slope between twenty-five percent (25%) and fifty percent (50%) unless it is substantiated, on the basis of a site investigation and submittal of a soils engineering or geotechnical report prepared and approved by the Town Engineer, that a cut at a steeper slope will be stable and will not create a hazard to public or private property. (D) Bedrock which is exposed in a cut slope may exceed the maximum cut slope. The cut surface of the bedrock should be "sculptured" to create an irregular profile which approximates natural rock outcroppings on the site. Planting pockets may be created in the sculptured rock for grasses and forbs. (E) All cut, filled and graded slopes shall be re -contoured to the natural, varied contour of the surrounding terrain pursuant to Paragraph (xii)(F) below and Section 7.28.050, Landscaping. (vi) Natural Design: CTA22004 Exhibit A Page 21 (A) Sharp angles shall be rounded off, in a natural manner, at the top and ends of cut and fill slopes (within approximately five [51 feet of the sharp angle). Where this would damage tree root systems, the amount of rounding off may be reduced and shrubs used instead to hide the transition. (B) Slopes providing a transition from graded areas into natural areas should be varied in percent grade both up -slope and across the slope, in the undulating pattern of surrounding natural slopes, so that the top or the toe (or both) of the cut or fill slope will vary from a straight line in plain view. (C) Natural grade at the lot lines shall be maintained. (vii) Separate Pads: (A) Cutting and grading to create benches or pads for buildings or structures shall be avoided to the maximum extent feasible. (B) Separate building pads for accessory buildings and structures other than garages, such as tennis courts, swimming pools, outbuildings and similar facilities, shall not be allowed except where the natural slope is twenty percent (20%) or less. (viii)Parking Areas. Parking areas should be constructed on multiple levels and follow natural contours as necessary to minimize cut and fill. (ix) Retaining Walls. Retaining walls may be used to minimize cut and fill. Retaining walls shall comply with the standards of Section 7.28.070, Retaining walls. (x) Natural Drainage Patterns: (A) Site design shall not change natural drainage patterns. (B) To the maximum extent feasible, development shall preserve the natural surface drainage pattern unique to each site as a result of topography and vegetation. Grading shall ensure that drainage flows away from all structures, especially structures that are cut into hillsides. Natural drainage patterns may be modified on -site only if the applicant shows that there will be no significant adverse environmental impacts on -site or on adjacent properties. If natural drainage patterns are modified, appropriate stabilization techniques shall be employed. (C) Development shall mitigate all negative or adverse drainage impacts on adjacent and surrounding sites. (D) Standard erosion control methods shall be used during construction to protect water quality, control drainage and reduce soil erosion. Sediment traps, small dams or barriers of straw bales shall be located wherever there are grade changes to slow the velocity of runoff. (xi) Revegetation Required. Any area exposed in new development shall be landscaped or CTA22004 Exhibit A Page 22 revegetated pursuant to the standards and provisions of Paragraph 7.28.100(c)(6), Revegetation plan. (xii) Streets, Roads and General Site Access: (A) Access to a building or development site shall be by road, street or private access road only. (B) Streets, roads, private access roads and other vehicular routes shall comply with all requirements of this Code and design specifications. (C) Streets, roads, private access roads and other vehicular routes shall not be allowed to cross slopes between thirty percent (30%) and fifty percent (50%) unless specifically authorized by the PZC after finding that all of the following conditions and constraints are applicable: 1) No alternate location for access is available; and 2) No significant adverse visual, environmental or safety impacts will result from the crossing, either by virtue of the design and construction of the street, road, private access road or other vehicular route as originally proposed or as a result of incorporation of remedial improvements provided by the developer to mitigate such impacts. (D) Under no circumstances shall any street, road, private access road or other vehicular route cross slopes greater than fifty percent (50%), (E) Streets, roads, private access roads and other vehicular routes shall, to the maximum extent feasible, follow natural contour lines. (F) Grading for streets, roads, private access roads and other vehicular routes shall be limited to the asphalt portion of the right-of-way, plus up to an additional ten (10) feet on either side of the asphalt as needed, except that when developing access on slopes in excess of twenty percent (25%), only the asphalt portion of the right-of-way shall be graded plus the minimum area required for any necessary curb, gutter or sidewalk improvements. The remainder of the access right-of-way shall be left undisturbed to the maximum extent feasible. (G) Roads, other vehicular routes or trails may be required to provide access or maintain existing access lands for vehicles, pedestrians, emergency services and essential services and maintenance equipment. (b) Stream, River, Waterbody and Wetlands. (1) Purpose. This Subsection is intended to minimize erosion, stabilize stream banks, protect and improve water quality, preserve fish and wildlife habitat and preserve the natural aesthetic value of streams, rivers, water bodies and wetland areas of the Town. CTA22004 Exhibit A Page 23 (2) Applicability. This Subsection shall apply to all new development, except for the following development or activities: (i) Agricultural activities, such as soil preparation, irrigation, grazing, planting and harvesting; tee; (iii) Maintenance and repair of existing public roads, utilities and other public facilities within an existing right-of-way or easement; (iv) Maintenance and repair of flood control structures and activities in response to a flood emergency; and (v) Wetland and wildlife habitat restoration, construction or enhancement that improves or restores the wetland or stream corridor functions, provided that the proposed activity is approved by the appropriate agency such as the U.S. Army Corps of Engineers. -Land (vi) For the purposes of wildfire mitigation in the Wildland Urban Interface (WUI) as determined necessary by a professional wildfire assessment and as approved by the Town of Avon. The standards of this Section shall apply in addition to the standards of Subsection 7.28.100(d), Flood Damage Prevention. In the event that there is any conflict between the two (2), the more restrictive provision shall apply. 15.08.070 Section 111.21 is amended by the addition of the followina lanauaae; "Conditions of the Certificate of Occupancy. The Certificate of Occupancy shall not be issued until all construction has been completed, including building, electrical, plumbing, mechanical, fire systems, landscaping, paving, final grading, drainage and all other construction. All multi -family and commercial projects must undergo an irrigation audit prior to a Certificate of Occupancy. All signs of construction must be removed from the property, including excess dirt, building materials, trash containers, rubbish, trash and related items, before the Certificate of Occupancy will be issued" 15.10.080 Section R110, Certificate of Occupancv, is amended by the addition of the followina lanauaae: "The Certificate of Occupancy shall not be issued until all construction has been completed, including building, electrical, plumbing, mechanical, fire systems, landscaping paving, final grading, drainage and all other construction. All signs of construction must be removed from the property, including excess dirt CTA22004 Exhibit A Page 24 building materials, trash containers, rubbish, trash and related items, before the Certificate of Occupancy will be issued. For single-family projects, the Town may require an irrigation audit for the proposed landscaping depending on the size and or nature of the proposed irrigation system or water demand for landscaping. Issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of the provisions of this code or other ordinances of the jurisdiction, CTA22004 Exhibit A Page 25 Avon Municipal Code Appendix 7-B: Water Efficient Landscape Design Budget Calculator Town of Avon requires proposed landscape designs to not exceed 7.5 gallons of water per square foot of area per season* (Gal/Sf/Season) allocation. The Water Efficient Landscape Design Budget Calculation is rooted in the formula: Total Landscape Area / Water Needed to Support Landscaping. In order to determine the Water Needed to Support Landscaping, all areas within any landscaping plans are assigned one of the following Hydrozone Water Use Categories: 1. No Water 2. Very Low 3. Low 4, Medium 5. High 6. Cool Season I Turf Grass 7. Water Feature Each Hydrozone Category represents an estimated Water Allocation needed to support its flora (See Table 1:1). Very Low, Low, Medium, and High Hydrozone categories also contain the potential to be Drip Irrigated or Spray Irrigated (Drip being less water -intensive than Spray). Table 1:1 - Water Allocation per 1000 sq ft per season by Hydrozone Type Hydrozone Water Use Category(gallons) Water Allocation for DRIP Irrigation per 1000 sq ft Water Allocation for SPRAY Irrigation(gallons) per 1000 sq ft No Water 0 Very Low 35 42 Low 2,900 3,500 Medium 7,600 9,150 High 10,500 12,500 Cool Season / Turf Grass 15000 Water Feature 15000 Water Use Subtotal (gallons per season) Water Use Total (gallons per season) Total Irrigated Area (sq. ft) Total Project Area (sq. ft) GaUSYSeason The calculation requires the replacement of these numbers with the square footages of the hydrozones being proposed. Please see calculation examples for clarification. *Season can be approximated as the period of time between the average date of the last killing frost in the spring to the average date of the first killing frost in the fall. CALCULATION EXAMPLES — Next Page WATER EFFICIENT LANDSCAPE DESIGN BUDGET CALCULATION EXAMPLES Using these inputs relative to the size of each hydrozone in a single landscape plan, a person can assess the estimated water use for the entire landscaping plan. The following scenarios showcase the variety of landscaping plans possible, their estimated water use, and potential for approval under the 7.5 gallon per sf. per season limit. Scenario One: A landscape plan that is equally split between areas that require no water, and turf grass areas: Scenario 1: Half Turf Grass Hydrozone Water Use Category Drip Irrigated Area (sq. ft) Spray Irrigated Area (sq. ft) No Water 1500 Very Low 0 0 Low 0 0 Medium 0 0 High 0 0 Cool Season / Turf Grass 1500 Water Feature Water Use Subtotal (gallons per season) 0 0 22500 Water Use Total (gallons per season) 22500 Total Irrigated Area (sq. ft) 1500 Total Project Area (sq. ft) 3000 GaIISPSeason 7.5 Takeaways: • This plan's water budget is exactly the maximum potential water allocated. • Any landscaping plan that exceeds 50% turf grass will likely not be approved Scenario Two: A drip -irrigated landscape plan that is equally split between Low, Medium, and High Scenario 2: Low/Med/High Mix - DRIP Hydrozone Water Use Category Drip Irrigated Area (sq. ft) Spray Irrigated Area (sq. ft) No Water 0 Very Low 0 0 Low 1000 0 Medium 1000 0 High 1000 0 Cool Season / Turf Grass 0 Water Feature Water Use Subtotal (gallons per season) 0 21000 0 Water Use Total (gallons per season) 21000 Total Irrigated Area (sq. ft) 3000 Total Project Area (sq. ft) 3000 GaUSVSeason 7 Takeaways: This plan's water budget is below the maximum potential water allocated. Scenario Two is less water -intensive than Scenario One, despite 50% of the landscaping in Scenario One not requiring any water. • 3000 sq ft of equally mixed Low, Medium, and High hydrozones is less water -intensive that 1,500 sq ft of grass Scenario Three: A drip -irrigated landscape plan that is equally split between Low and High hydrozones Scenario 3: Low/High Mix- DRIP Hydrozone Water Use Category Drip Irrigated Area (sq. ft) Spray Irrigated Area (sq. ft) No Water 0 Very Low 0 0 Low 1500 0 Medium 0 0 High 1500 0 Cool Season / Turf Grass 0 Feature a Water Use Subtotal (gallons per season) 0 20100 0 Water Use Total (gallons per season) 20100 Total Irrigated Area (sq. ft) 3000 Total Project Area (sq. ft) 3000 GaIISPSeason 6.7 Takeaways: This plan's water budget is below the maximum potential water allocated. Scenario Three is less water -intensive than Scenario Two • A medium water hydrozone does not represent the median between the low and high hydrozones Scenario Four: A spray -irrigated landscape plan that is equally split between Low and High hydrozones Scenario 4: Low/High Mix SPRAY Hydrozone Water Use Category Drip Irrigated Area (sq. ft) Spray Irrigated Area (sq. ft) No Water 0 Very Low 0 0 Low 0 1500 Medium 0 0 High 0 1500 Cool Season / Turf Grass 0 Water Feature Water Use Subtotal (gallons per season) 0 0 24000 Water Use Total (gallons per season) 24000 Total Irrigated Area (sq. ft) 3000 Total Proiect Area (so. ft) 1 3000 Gal/SPSeason Takeaways: This plan's water budget is above the maximum potential water allocated. Scenario Four is more water -intensive than Scenario Three, despite the hydrozone area sizes remaining the same in both • Spray irrigation is more water -intensive than drip irrigation, and could be the difference between approval / denial of a landscaping plan Scenario Five: An equal mix of drip irrigated, Very Low and Low hydrozones, and Turf Grass Scenario 5: Very Low / Low / Turf Mix Hydrozone Water Use Category Drip Irrigated Area (sq. ft) Spray Irrigated Area (sq. ft) No Water 0 Very Low 1000 0 Low 1000 0 Medium 0 0 High 0 0 Cool Season / Turf Grass 1000 Water Feature Water Use Subtotal (gallons per season) 0 2935 1 15000 Water Use Total (gallons per season) 17935 Total Irrigated Area (sq. ft) 3000 Total Project Area (sq. ft) 3000 Gal/SUSeason 6.0 Takeaways: • Very Low and Low hydrozones can be adequate off -sets for turf grass area Scenario Six: An equal mix of all hydrozones AND an additional water feature Scenario 6: Mix All Hydrozone Water Use Category Drip Irrigated Area (sq. ft) Spray Irrigated Area (sq. ft) No Water 1000 Very Low 1000 0 Low 1000 0 Medium 0 1000 High 0 1000 Cool Season / Turf Grass 1000 Water Feature1 500 Water Use Subtotal (gallons per season) 2935 1 44150 Water Use Total (gallons per season) 47085 Total Irrigated Area (sq. ft) 5500 Total Project Area (sq. ft) 6500 GaUSPSeason 7.2 Takeaways: • Equally mixed hydrozones have the potential for approval, even when water -intensive water features are included. • A 1,000 sq ft water feature would exceed the 7.5-gallon allocation