Table of Contents. Title 15 BUILDINGS, CONSTRUCTION AND PUBLIC IMPROVEMENTS

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1 Table of Contents Title 15 BUILDINGS, CONSTRUCTION AND PUBLIC IMPROVEMENTS Chapters: Article I General General Defined terms Development Services Fee Schedule Town Council reduction, waiver or deferral of payment of fees Article II Building and Construction Other Laws and Regulations Applicability of federal and state laws Certified Contractor Registration General requirement Responsibilities Validity Classification Expiration and renewal Qualified supervisors Denial, suspension, revocation or restriction of registration Violation; penalty International Building Code Adoption Application Amendments Violation; penalty International Residential Code Adoption Application Amendments Violation, penalty International Mechanical Code Adoption Application Amendments Violation; penalty International Plumbing Code Adoption Application Amendments Violation; penalty National Electric Code Adoption Amendments 15-1

2 Electrical permit fees Violation; penalty International Energy Conservation Code Adoption Application Amendments Violation; penalty International Fuel Gas Code Adoption Application Amendments Violation; penalty International Fire Code Adoption Application Amendments Violation; penalty National Fire Alarm Code Adoption Application Amendments (Reserved) Violation; penalty Uniform Code for the Abatement of Dangerous Buildings Adoption Application Amendments Violation; penalty International Existing Building Code Adoption Application Amendments Violation; penalty International Swimming Pool and Spa Code Adoption Application Amendments Violation; penalty Miscellaneous Codes Adoption Application Amendments (Reserved) Violation; penalty Construction Code General Administration Administration Applicability Permits Fees Building permit valuations 15-2

3 Permit fees Inspections Certificate of occupancy Board of Building Appeals Article III Town of Castle Rock Technical Manuals Technical Manuals General Defined terms Enforcement responsibility Intent of Technical Manuals Construction details Technical criteria variance process Grading, Erosion and Sediment Control (GESC) Manual Adoption Applicability Amendments (Reserved) Violation; penalty Storm Drainage Design and Technical Criteria Manual Adoption Applicability Amendments (Reserved) Violation; penalty Water System Design Criteria Manual Adoption Applicability Amendments (Reserved) Violation; penalty Wastewater Collection System Design Criteria Manual Adoption Applicability Amendments (Reserved) Violation; penalty Transportation Design Criteria Manual Adoption Applicability Amendments (Reserved) Violation; penalty Construction Methodology and Materials Manual Adoption Applicability Amendments (Reserved) Violation; penalty Development Procedures Manual Intent and purpose Administrative authority Applicability Landscaping and Irrigation Performance Standards and Criteria Manual Adoption Applicability 15-3

4 Amendments (Reserved) Violation; penalty Article IV Public Improvements Public Improvements Required Completion of Public/Private Improvements Construction Documents and permits Improvements agreement Regional facilities Restriction on development approvals Private improvements Construction Document Review and Approval Purpose and applicability Form of application and filing fees Preapplication conference Complete application Review process Review and approval criteria Construction Document approval, expiration and extension approval Modification to approved Construction Documents Construction Permitting and Inspection of Public Improvements Purpose and applicability Permits, general Application and filing fees Permit approval; preconstruction meeting Inspections, testing and corrections to work Work schedules Stop Work Order Developers with Franchise Agreements Construction Permit approval, expiration and extension approval Conveyance and Acceptance of Public Improvements Public Improvements conveyance and acceptance, general Public Improvements conveyance and initial acceptance Warranty period Final Public Improvements acceptance Construction Permit Fees and Surety Construction Permit fees and surety amounts Inspection fees Use tax Performance surety Release of performance surety Warranty surety Release of warranty surety Article V General II Moving of Buildings Permit required Permit application and fee Compliance with zoning regulations 15-4

5 Creation of Local or Special Improvement Districts Procedure Article VI Historic Preservation Historic Preservation Purpose and intent Definitions Historic Preservation Board established Reserved Economic incentives for historic restoration Town of Castle Rock Historic Landmarks National Register of Historic Places Landmark designation Demolition or relocation of non-landmarked structures Amendment or removal of Landmark designation Correction of unsafe or dangerous conditions on Landmarks Property maintenance required for Landmarks Construction on proposed Landmark properties Alteration of a Landmark Minor alteration of a Landmark Relocation of a Landmark Historic District designation for the Craig and Gould neighborhood Amendment of District designation Design review, Craig and Gould neighborhood Approval for new construction and alterations to non-landmarked Properties, Craig and Gould neighborhood Violation and penalties Article VII Public Works Regulations Public Works Regulations Code adoption, limited purpose Copies available for purchase Application Violation; penalty Amendments Construction plan approval, expiration and extension approval Extension approval for recently approved construction plans Construction permit approval, expiration and extension approval Extension approval for recently approved construction permits 15-5

6 Article I General Chapter General Defined terms Development Services Fee Schedule Town Council reduction, waiver or deferral of payment of fees Defined terms. For the purpose of this Title, certain words or phrases are defined as set forth below. Certain other terms are defined within the other Chapters of this Title. Chief Building Official means the officer or other designated authority charged with the administration and enforcement of this Title, or duly authorized representative. Contractor means any person, firm, partnership, corporation or organization who undertakes to perform any of the operations governed by this Title. Agents, employees, workers or designers employed by the Contractor are also bound by the terms of a permit issued under this Title. CRA IC means the Castle Rock Municipal Code, as amended from time to time. Development Services Fee Schedule means the fee schedule as set forth in , CRMC. Fire Code Official means the Fire Chief or other designated authority charged with the administration and enforcement of this Title, or duly authorized representative. Title means Title 15 of this CRMC and all primary and secondary codes adopted therein. Town Council means the Town Council of the Town of Castle Rock, Colorado. Town Manager means the Town Manager of the Town of Castle Rock or his or her designee. (Ord ,2012) Development Services Fee Schedule. A. The Development Services Fee Schedule is the fee schedule published by the Development Services Department for all land use fees, including but not limited to land use application fees, plan review fees, building permit fees, electrical permit fees, inspection fees and public works permit fees. The schedule shall also include the timing for collection of such fees. B. The Development Services Fee Schedule is approved by and may be amended by the Manager. C. Any portion of any fees not previously collected shall be collected at, and as a condition to, the issuance of a certificate of occupancy for a structure. (Ord , 2012) 15-6

7 Town Council reduction, waiver or deferral of payment of fees. The Town Council is authorized to waive, reduce or defer payment of any fee or charge imposed under this Title if it determines, in its sole and exclusive discretion, that there are unique and compelling circumstances that render the imposition of such fees in strict accordance with this Chapter inequitable with respect to a particular application, site or building. (Ord , 2012) Applicability of federal and state laws Article II Building and Construction Chapter Other Laws and Regulations Applicability of federal and state laws. A. No approval, license, permit or other privilege or entitlement shall be granted under this Title or under any administrative regulation or process under this Title ( Title 15 authorization ) for any activity or conduct that is proscribed by state or federal law, irrespective of any other provision of this Title. Any Title 15 authorization shall be conditioned on the ongoing compliance by the beneficiary of the Title 15 authorization with all state and federal laws and regulations, as the same may be amended from time to time, applicable to the activity or conduct subject to the Title 15 authorization. Any Title 15 authorization that permits or allows an activity or conduct proscribed under state or federal law or regulation shall be subject to immediate revocation or revision, subject to any hearing or other due process requirement expressly granted under the provision of the Code under which the Title 15 authorization was made. Accordingly, applicants seeking approval from the Town for development, building permit, variance or any other matter regulated by the Town are responsible for complying with all laws, including federal and state laws and regulations, and the issuance of a building or development permit or other approval by the Town does not constitute approval or authorization with respect to such other regulations. B. Development within and around the Town is specifically subject to the Endangered Species Act, 16 U.S.C. 1531, et seq. Species protected under the Endangered Species Act, including the Preble s Meadow Jumping Mouse, and their habitat may occur in the vicinity of proposed development activities. The Endangered Species Act prohibits the unauthorized take of such species, whether directly or indirectly, such as through habitat alteration. Such development activities may, therefore, require a permit or other approval from the U.S. Fish and Wildlife Service, which the applicant is solely responsible for obtaining. C. Permits and inspections shall not be required for any property within the municipal limits of the Town owned and occupied by a county, state or federal agency. Property owned but not occupied by a county, state or federal agency is subject to all permit and inspection requirements set forth in this Title. (Ord , 2012) 15-7

8 Chapter Certified Contractor Registration General requirement Responsibilities Validity Classification Expiration and renewal Qualified supervisors Denial, suspension, revocation or restriction of registration Violation; penalty General requirement. A. Registration required. As of January 2, 2003, no contractor shall perform any work or services in the construction, erection, addition, alteration, repair, equipping, moving, removal, conversion or demolition of any building or structure governed by this Title in the Town unless such contractor shall have first applied for, paid the required fee and registered with the Town with the exception of: 1. Public utility companies and water and sanitation districts when engaged in the installation, operation and maintenance of equipment that will be used for the production, generation or distribution of the utility, product or service from their source through the facilities owned or operated by such utility company to the point of the customer service. 2. Any person or subcontractor performing work governed by this Title for wages under the direction of or for another entity appropriately registered. 3. Any homeowner performing work or supervising work performed in his or her own home. Contractors shall maintain a current and valid registration while performing any work governed by this Title. B. Investigation fee; work without a registration or with an expired registration. Whenever any work for which a registration is required by this Chapter is commenced without first obtaining registration, or when work is done and the registration is expired, a special investigation shall be made before the registration may be issued or renewed for such work, and an investigation fee, in an amount equal to the registration fee, shall be collected. The investigation fee shall be in addition to the registration fee required by this Code. C. Registration qualification. Except for plumbing and electrical contractors, to be qualified for registration as a contractor, an applicant must hold a valid contractors license issued by any municipality that requires a test comparable to the ICC (International Code Council) competency program for contractors testing for this issuance of the license, hold a current certificate of completion from the ICC competency program for contractors or a certified letter confirming a passing score from a testing jurisdiction. It shall be the responsibility of the applicant to provide evidence of an applicable municipalitys license or ICC certificate to the Town. Licenses submitted shall be in the name of the applicant who tested for the license. Licenses referencing the company only will not be 15-8

9 acceptable. A valid license shall be maintained with the registration. If such license has been renewed, an original shall be presented within 30 days to the designated official in the Building Division. Provisional Exception: The Chief Building Official may administratively waive the requirement for testing for commercial tenant finishes for commercial projects which are permitted from master plans used nationally, provided that a notarized affidavit of experience is submitted. D. Application form. Applications for contractors registration shall be on forms designated by the Town for such purpose, and each application shall be accompanied by a fee equal to the registration fee applicable to the type of registration applied for. A final review and appropriate action shall be taken on such registration applications, and the applicant shall be notified accordingly. Non-issuance of registrations shall entitle an applicant to a refund of the application fee. B. Workmanship. The registrant shall be held responsible for performing the activity authorized by the registration in a proficient, workmanlike manner consistent with acceptable building practice. Failure to comply with this requirement shall be cause for the denial, suspension, revocation or restriction of the registration or future registration. F. Liability for subcontractors. The registrant shall be responsible for all work included in the registrant s contract and authorized in the registrant s permit whether or not such work is done by the registrant, registrant s employee or agent or a subcontractor of the registrant. G. Incomplete work. In the event a structure is not pursued to completion and work is stopped for any period exceeding 180 days, the registrant shall notify the building inspection division in written form of such stoppage and shall take reasonable steps to protect and to prevent the structure from deteriorating to the condition of a dangerous building as determined by the Chief Building Official. H. Insurance. Prior to a registration being issued, the contractor shall file with the Chief Building Official certificates of general liability insurance and workers compensation insurance. The insurance certificates must be signed by an agent of an insurance company stating that the policy or policies required by this Section have been issued to the registrant. The policy or policies shall state the name of the company, the effective date of such policies and the expiration date of such policies. Each policy of insurance shall contain an endorsement to the effect that the insurance carrier shall notify the Town Building Department 10 days in advance of the effective date of a reduction or cancellation of the policy. The cancellation or reduction of insurance below the required amount of coverage shall be cause for automatic suspension of the contractor registration until coverage is reinstated. All policies shall be kept in effect for the period of the registration. General liability insurance shall be required in the following coverage amounts: Class A $1,000,000 Class B 1,000,000 Class C 1,000,000 Class D 600,000 Class E (Electrical) Contractor 600,

10 Class P (Plumbing) Contractor 600,000 Class M (Mechanical) Contractor 600,000 Class S 600,000 (Ord ,2012) Responsibilities. All contractors shall be responsible for any work requiring a permit under the provisions of this Title, without limitation to the items as herein listed: A. To provide generally recognized safety measures and equipment to protect laborers and the public in general. B. To present the required Castle Rock registration card when required by the Building Official or the Building Officials authorized representative. C. To obtain a permit when the same is required. D. To construct without substantial departure from or disregard of drawings and specifications when such drawings and specifications have been filed and approved by the building inspection division and a permit issued for the same, unless changes are approved by the building inspection division. E. To complete all work authorized by the permit issued under the authority of this Title unless good cause is proved. F. To obtain inspection services when the same are required by this Title. C. To pay all fees assessed under authority of this Title and other Town regulations and to accurately inform the customer of the exact permit fee and other costs associated with obtaining a permit. H. To obey any order issued under authority of this Title. I. To provide correct and honest factual information on all applications for permits. J. To obtain a certificate of occupancy or a certificate of compliance when required, upon completion of the work authorized by the registrants permit. K. To inform the building inspection division promptly of any change in the registrants address or telephone number. L. To keep streets and sidewalks that are adjacent to construction sites and open to public traffic free of obstructions, construction materials, equipment, debris, mud, dirt or any other material that may be a hindrance or hazard to vehicular or pedestrian traffic

11 M. To observe and conform to all of the rules and regulations governing construction and land use in the Town. (Ord , 2012) Validity. A. Change in ownership. A change in name or ownership of a registered entity shall have the legal effect of terminating the registration. Therefore, all such changes shall be reported by the contractor to the building inspection division, a new registration obtained and a new registration paid prior to any new construction work or before continuing any construction work. B. Incorporation. Incorporation or dissolution of a corporation and creation of a new legal entity that requires a registration, even though one or more stockholders or directors have a registration, shall terminate the registration. All such changes shall be reported to the building inspection division, a new registration obtained and a new registration fee paid prior to any new construction work or before continuing any construction work. C. Change in partnership. The creation of a partnership or a change in any general or managing partner requires that a new registration be obtained and a new registration fee paid, even though one or more of the partners are registered. D. Dissolution of entity. The dissolution of a corporation or partnership that has been registered terminates the registration, and no individual or firm may operate under such registration. B. Change of name. In the case where it is desired to change the name of a presently registered firm, partnership or corporation where there is no change in ownership, a new registration shall be issued under the new name, without charge, upon surrender of the previously issued registration. F. Registrations not transferable. Registrations are not transferable, and the use of one contractor s registration by any other contractor shall be a violation of this Chapter. G. Upgrade of registration classification. When a contractor requires an upgrade to a higher registration classification, and upon verification of his or her ability to perform satisfactorily in that classification, a new registration shall be issued and a new fee shall be charged, if the current registration will expire less than six months of the date of the request. If the registration will expire six or more months after the date of the request, the difference in the registration fees shall be charged. (Ord , 2012) Classification. There shall be various classes of contractors registration, and the holder of each registration shall be authorized to do the following: A. Class A. This registration shall be required to construct, erect, alter, repair or demolish any structural type or occupancy group. B. Class B. This registration shall be required to construct, alter, repair or demolish single-family dwellings, two-family dwellings, townhouses, condominiums and apartment buildings not exceeding three stories in height, not having more than seven dwelling units and not involving reinforced 15-11

12 concrete above grade. type of building. The contractor may complete nonstructural interior finish or remodel of any C. Class C. This registration shall be required to construct, alter or repair basements, remodels, decks and other nonstructural work in single-family dwellings, two-family dwellings, townhouses and condominiums. D. Class D. This registration shall be required of those engaged in contracting for labor or for labor and material involving only one trade, such as, but not limited to: masonry, framing, irrigation systems, burglar alarms, moving of buildings, demolition, excavating, swimming pools, spas, roofing, retaining walls and backflow prevention testing, but shall not authorize any electrical, plumbing or mechanical work. Contractors doing minor installation of prefabricated or manufactured units, such as cabinets, countertops, storm windows, gutters and downspouts or carpet, shall not be required to register. E. Class E. This registration shall be required to contract for and perform all work involving the installation of wiring apparatus and equipment for electrical light, heat and power. To be qualified as an electrical contractor, the person, firm, partnership, corporation, association or other organization must hold a valid electrical contractor s license issued by the State according to Title 12, Article 23, C.R.S. It shall be the responsibility of the applicant to provide evidence of the state license to the Town. F. Class P. This registration shall be required to contract for and perform all work involving sanitary plumbing, potable water piping, the installation of plumbing appliances and apparatus and related plumbing work. To be qualified as a plumbing contractor, the person, firm, partnership, corporation, association or other organization must either be or employ full time a master plumber licensed by the State according to Title 12, Article 58, C.R.S. It shall be the responsibility of the applicant to provide evidence of the state license to the Town. G. Class M. This registration shall be required to erect, install or construct all mechanical systems, including hot water heating systems, air conditioning systems, refrigeration and sheet metal work. This registration shall entitle the holder to replace existing domestic water heaters and all connections thereto. Any connections to the potable water system must be performed by a Townregistered plumbing contractor. Line voltage electrical work must be done by a Town-registered electrical contractor. H. Class S. This registration shall be required to perform any work requiring a state license such as but not limited to: elevators, fire suppression, and mobile home/manufactured homes installers. Provisional Exception: The Chief Building Official may administratively waive the requirement for testing for commercial tenant finishes for commercial projects which are permitted from master plans used nationally, provided that a notarized affidavit of experience is submitted. (Ord ,2012) Expiration and renewal. A. Expiration. All registrations shall expire one year from date of issue. Expired registrations shall be renewed and a new registration fee paid prior to continuation or completion of work. After 15-12

13 90 days, all registrations lapsed will be removed from the Town database and are subject to reapplication, possible retesting to current building code and evaluation by the Chief Building Official. B. Renewal registration fee. The fee for the renewal of a registration shall be as set forth in the Development Services Fee Schedule, as amended from time to time. (Ord , 2012) Qualified supervisors. A. When required. The respective registrants, whether individuals, firms or corporations, shall not be required to possess those skills and qualifying experience records required for the work they are permitted to do under the terms and provisions of their respective registration, provided that they retain in their business a supervisor whose skills and qualifying experience records are such that they would be qualified to supervise all work in their principal registration category. The respective registrants rights to do business shall be dependent upon the continued retention of the designated supervisors in an active, full-time capacity. B. Termination of supervisor. Whenever a designated supervisor terminates his or her association with a registrant or otherwise becomes inactive, the registrant shall immediately notify the building inspection division. In such event, the registration shall be deemed to be suspended and there shall be a 30-day grace period from the date of termination of the supervisor in order to acquire a proper supervisor before complete termination of the registration. Should the supervisor be replaced, such fact shall be made known to the building inspection division. If the proposed replacement is found to meet the required qualifications, the registration shall again be deemed in full force and effect without imposition of an additional registration fee for the registration period. C. Qualifications of supervisor. Each individual who is to act as a supervisor shall be reviewed in accordance with the provisions of the building inspection division for the work proposed to be done. Each individual who is to act as a supervisor shall be designated as such in each application for a registration. (Ord , 2012) Denial, suspension, revocation or restriction of registration. A. Authority. The Chief Building Official shall have the authority to deny, suspend, revoke or place restrictions on a registration when the applicant or registrant commits one or more of the following acts or omissions: I. Provides false or misleading information on the registration application. 2. Fails to provide reasonable information or documentation of knowledge and experience required by the registration classification applied for. 3. Provides false or misleading information on building permit applications. 4. Fails to comply with any of the registrant s responsibilities as outlined in this Chapter. 5. Knowingly combines or conspires with any other person, firm or corporation to permit or allow the registrant s registration to be used by such person, firm or corporation

14 6. Acts as agent, partner, associate or in any other capacity with persons, firms or corporations to evade any provisions of this Chapter. 7. Violates any of the provisions of this Title. 8. Commits any conduct constituting fraud in or connected with any activity relating to construction which is governed by this Title. 9. Fails or refuses to correct or remove work, material, equipment or appliances that are in violation of this Title. 10. Provides false or misleading permit fee charges to a customer. B. Procedure. When any of the acts or omissions as herein enumerated are committed and the Chief Building Official deems that such registration shall be denied, suspended, revoked or restricted for reasons set forth in Subsection A above, the procedures shall be as follows: 1. The applicant or registrant shall be notified in writing, by certified mail, addressed to the applicant s or registrant s address of record with the building inspection division, at least seven calendar days prior to the denial, suspension, revocation or restriction, along with the reason under Subsection A for the action. 2. Upon receipt of the notice, the applicant or registrant may request a hearing. Such request shall be in writing delivered to the Chief Building Official within 14 calendar days of the receipt of the notice. 3. If a hearing is requested in writing, within the time limited above, the Chief Building Official shall set a time, date and place of the hearing and so notify the applicant or registrant to contest the reason set forth by the Chief Building Official for the action. 4. When a hearing is conducted, the applicant or registrant and other interested parties may be in attendance and give testimony. Upon completion of the hearing, the Chief Building Official shall notify the applicant or registrant of his or her findings and ruling in writing, by certified mail, within 15 business days after the completion of the hearing. 5. If the decision rendered by the Chief Building Official is adverse, the applicant or registrant may appeal to the advisory board as an aggrieved person. The board s review shall be limited to determining whether the Chief Building Official had sufficient evidence to determine the violation under Subsection A of this Section. The appeal shall follow the procedures set forth in the advisory board s bylaws. Any decision rendered by the Chief Building Official shall take effect upon expiration of the applicant s or registrant s time within which to appeal the decision, or upon a final determination by the advisory board. C. Emergency suspension. If the Chief Building Official finds that an emergency cause exists for suspension or revocation of a registration, he or she may enter an order for immediate suspension of such registration, pending further investigation and proceedings for suspension or revocation as provided for herein. The registrant, upon notice of such suspension, may request an immediate hearing before the Chief Building Official

15 D. Period of suspension. The suspension of a registration shall be for the period stated in the suspension, but in no event more than six months. E. Effect of revocation. If a registration is revoked, the applicant shall not be eligible to register with the Town for a period of six months after the revocation or any final decision from an appeal thereof. F. Provisions covering work in progress. The suspension or revocation of a registration may include reasonable orders or conditions with which the contract must comply to protect the work in progress as well as the public health, safety and welfare. (Ord , 2012) Violation; penalty. A. Any person who violates any of the provisions of this Chapter shall be punished by a fine of not more than $1, or by imprisonment not to exceed one year, or by both such fine and imprisonment. B. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by such person. (Ord ,2012) Adoption Application Amendments Violation; penalty Adoption. Chapter International Building Code A. The Town adopts by reference the following code: International Building Code, 2012 Edition, for regulating and governing conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure the structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures, as hereafter set out (published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL ). B. The subject matter of the code concerns regulations to provide minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built environment; and to provide safety to firefighters and emergency responders during emergency operations

16 C. Three copies of the above-referenced code shall be maintained on file at the Development Services Department, and may be inspected during regular business hours, the same being adopted as if set out at length herein. (Ord , 2012) Application. The provisions of the adopted code shall apply to the construction, alteration, moving of buildings, demolition, repair and use of any building or structure within the Town, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated by code and hydraulic flood control structures. Applicants may submit permit applications and plan reviews in compliance with these adopted codes prior to January 2, Master Production Plans, those submitted to the Town for reuse on a minimum of four structures, should comply with the provisions in these adopted codes by April 1, One copy of an engineerstamped truss design, one engineer-stamped plan set along with one electronic CD of each is required for all Master Production Plans. (Ord , 2012) Amendments. The following amendments, additions and deletions are made to the International Building Code: A. Section Title is amended to read as follows: These regulations shall be known as the Building Code of the Town of Castle Rock and shall be cited as such and will be referred to herein as this code. B. Section Existing Structures is amended to read as follows: The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the Uniform Code for the Abatement of Dangerous Buildings, the International Existing Building Code, or the International Fire Code, or as is deemed necessary by the Chief Building Official for the general safety and welfare of the occupants and the public. C. The following definitions are hereby added to Section 202, Definitions: ARCHITECT is a person licensed under the provisions of Title 12, Article 4, C.R.S. BUILDING SITE is all that area, or those areas, encompassed by horizontal radii of 150 feet measured outwardly from exterior structural walls, water wells, of the limits of artificial grading, on-site sewage disposal systems or slope retaining devices, except where limited by the parcel. CIVIL ENGINEER is a person licensed under the provisions of Title 12, Article 25, Part I, C.R.S., and who is experienced and knowledgeable in the practice of civil engineering. CIVIL ENGINEERING is the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works for the beneficial uses of mankind

17 ROOFS, C.R.S. is the Colorado Revised Statutes. ENGINEERING GEOLOGIST is a professional geologist as defined in Section , C.R.S., and who is experienced and knowledgeable in the practice of engineering geology. ENGINEERING GEOLOGY is the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works for the purpose of assuring that geological features and processes affecting the planning, location, design, construction, operation and maintenance of civil works are recognized and adequately interpreted. LAND SURVEYOR is a person licensed under the provisions of Title 12, Article 25, Part 2, C.R.S. SOIL ENGINEER is a person licensed under the provisions of Title 12, Article 25, Part 2, CRS., and who is experienced and knowledgeable in the practice of soil engineering. SOIL ENGINEERING is the application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof. D. Add a new Section 723 to read in its entirety as follows: SECTION DETERMINING FACTORS OF FIRE-RESISTIVE MATERIALS AND CONSTRUCTION General. Unless other requirements such as site plan review or other more restrictive conditions apply, this section shall be applicable to all new buildings, additions and repairs. (See Section ) Centerlines of streets. For the purposes of this Chapter, the centerline of an adjoining street or alley may be considered an adjacent property line. Distance shall be measured at right angles to the street or alley Roof coverings. Except where Section 1505 and Table of the International Building Code require greater protection, roof coverings for new buildings or structures or additions thereto or roof coverings utilized for re-roofing shall be Class A, Class B or Class C in accordance with Section Fire-retardant shakes and shingles as determined by Section may be used if installed per Section special purpose roofs in the International Building Code. E. Add a new Section 1512 to read in its entirety as follows: SECTION ASSEMBLIES AND ROOFTOP STRUCTURES Roof drains. Unless roofs are sloped to drain over roof edges, roof drains shall be installed at each low point of the roof

18 FOOTINGS Exception. R-3 dwellings on bump-out protrusions of 30 square feet or less Overflow drains and scuppers. Where roof drains are required, overflow drains having the same size as the roof drains shall be installed with the inlet flow line located two inches above the low point of the roof, or overflow scuppers having three times the size of the roof drains and having a minimum opening height of four inches may be installed in the adjacent parapet walls with the inlet flow line located two inches above the low point of the roof. Overflow drains shall discharge to an approved location a minimum of five feet from the foundation and shall not be connected to roof drain lines. F. Amend Section to read in its entirety as follows: SECTION SNOW LOADS General. Design snow loads shall be determined in accordance with Section 7 of ASCE 7, but the design roof load shall not be less than that determined by Section The snow load within the Town of Castle Rock shall be a minimum of 30 pounds per square foot and shall not be reducible. H. Amend subsection to include the following: Design water table. The design water table shall be the measurement or prediction of the highest potential elevation of the water table at the building site where such measurement or prediction is based upon a report by a soils engineer or other qualified professional and where the accuracy of such measurement or prediction considers the average annual rainfall or other sources or factors which may influence fluctuations in the water table for the area in which the subject building site is located. In cases where the water table may be artificially lowered, the design water table must be determined subsequent to the completion of the sub drain system. Provisions must be made for maintenance of the sub drain system, funds for maintenances and individual or group responsibility for ongoing maintenance. I. Add a new Section as follows: SECTION AND FOUNDATIONS Slabs below grade. Building permits for structures with slabs below grade shall not be issued unless the finished slab elevation is 6 inches or more above the design water table. 1. Peripheral sub drain required. Structures with slabs below grade shall be provided with a peripheral sub drain which slopes to a sump or sumps, daylight or other approved point. In each case, the ultimate discharge points for peripheral sub drains shall be approved during building permit application review. 2. Crawl spaces. Crawl spaces shall be permitted only where the design water table is a minimum of 36 inches below the interior finished crawl space grade

19 3. Alternative designs. Alternate designs and construction practices may be permitted where it is demonstrated to the reasonable satisfaction of the Chief Building Official that they are in compliance with the intent of the criteria listed above. J. Section 3109 is deleted in its entirety. K. Add footnote H to Table Minimum Number of Required Plumbing Fixtures. H. Modifications to Drinking Fountains and Service Sinks may be made by the Chief Building Official pursuant to Section , International Building Code. L. Chapter 34 is deleted in its entirety. (Ord , 2012) Violation; penalty. A. The Chief Building Official, Fire Code Official or any other designated Town official shall be empowered to issue citations, stop work orders, cease and desist orders or closure orders to any person found in violation of this Chapter. B. Any person who violates any of the provisions of this Chapter shall be punished by a fine of not more $i or by imprisonment not to exceed one year, or by both such fine and imprisonment. C. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by such person. (Ord ,2012) Adoption Application Amendments Violation; penalty Adoption. Chapter International Residential Code A. The Town adopts by reference the following code: International Residential Code for Oneand Two-Family Dwellings, 2012 Edition, including Appendices G, H, J and M, for regulating and governing the construction, alteration, movement, enlargement, replacement, repair, equipment, location. removal and demolition of detached one- and two-family dwellings and multiple single family dwellings (townhouses) not more than three stories in height with separate means of egress, as hereafter set out (published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL ). B. The subject matter of the code concerns regulations to provide ininirnum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress 15-19

20 facilities, stability, sanitation, adequate light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built environment; and to provide safety to firefighters and emergency responders during emergency operations. C. Three copies of the above-referenced code shall be maintained on file at the Development Services Department and may be inspected during regular business hours, the same being adopted as if set out at length herein. (Ord , 2012) Application. The provisions of the adopted code shall apply to the construction, alteration, moving of buildings, demolition, repair and use of any building or structure within the Town, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated by code and hydraulic flood control structures. Applicants may submit permit applications and plan reviews in compliance with these adopted codes prior to January 2, Master Production Plans, those submitted to the Town for reuse on a minimum of four structures, should comply with the provisions in these adopted codes by April 1, One copy of an engineerstamped truss design, one engineer-stamped plan set along with one electronic CD of each is required for all Master Production Plans. (Ord , 2012) Amendments. The following amendments, additions and deletions are made to the International Residential Code: A. Section RIO 1.1 Title is amended to read in its entirety as follows: R101.1 Title. These provisions shall be known as the Residential Code for one- and twofamily dwellings of the Town of Castle Rock and shall be cited as such and will be referred to herein as this residential code. B. Section R105.2, Item 2, is amended to read as follows: Fences not over 6-feet (1829 mm) high. C. Section R202 Definitions. The following definition is hereby added to Section 202, Definitions: DECORATIVE COATINGS. A single coat of plaster, cernentious or other approved material applied to a concrete or masonry surface for aesthetic purposes only. D. Section R3OI.2 Climatic and Geographic Design Criteria. Table R301.2 (1) is amended to read as follows: 15-20

21 < Table R301.2(1) Climatic and Geographic Design Criteria Subject to Damage From Ground Wind Seismic Frost Winter Ice Air Mean Snow Speed Design Line Design Shield Flood Freezing Annual Load ( Inphl catego,y Weathering Depth Termite Decay Temp Required Hazards Index Temp 30 lbs. B Severe 36 Slight to None Per No Per F psf moderate to IPC zoning slight Table DIOl Appx D 3- second gust (V3s) 90 Fastest mile (V1) 76 E. Section R302 Fire Resistant Construction. Table R3O2.1() is amended to read as follows: Table R302.1(1) Exterior Walls Minimum Fire-Resistance Minimum Fire Separation Exterior Wall Element Rating Distance Walls (Fire-resistance rated) 1 hour tested in accordance < 5 feet with ASTM E 119 or UL 263 with exposure from both sides Projections (Not fire-resistance rated) 0 hours 5 feet (Fire-resistance rated) 1 hour on the underside 2 (Not fire-resistance rated 0 hours 5 feet 2 Not allowed N/A < 3 feet 5 feet Openings 25% Maximum of Wall Area 0 hours 3 feet and < 5 feet Unlimited 0 hours > 5 feet All Comply with Section R302.4 < 5 feet Penetrations None required feet N/A = Not Applicable. I. Fire separation distance of 3 feet can be used if the exterior wall cladding and trim is of noncombustible material (refer to Section R202 for definition of noncombustible). EXCEPTION: Combustible exterior wall cladding may be used where zoning requires 10 ft. building separation. 2. Fire separation distance of 3 feet can be used if the soffit cladding and fascia board is of non-combustible material (refer to Section R202 for definition of noncombustible)

22 where 3. Distances based on property lot line to foundation of the structure or pop-out walls. F. Section R303 LIGHT, VENTILATION, HEATING is amended as follows: R303.1 Habitable rooms, is amended to add a new Exception 4 to read as follows: 4. The natural light requirement in basements of dwelling units or congregate residences may be reduced by 50%, except that sleeping rooms must meet the requirements of Section R G. Section R313.1, is amended to read as follows: R313.1 Design and Installation. Automatic residential fire sprinkler systems shall be designed in accordance with Section P2904 or NFPA 13D. H. Sections R313.2 and R313.2.l are deleted in their entirety. I. Section R302.2, amend Townhouses Exception to read: A common 2-hour fire resistant-rated wall assembly tested in accordance with ASTM Ei 19 or UL263 is permitted for townhouses, if such walls do not contain plumbing or mechanical equipment, ducts or vents to the cavity of the common wall. (Remainder of section to read the same.) J. Section R315.1, amend Carbon monoxide alarms to read: For new construction, an approved carbon monoxide alarm shall be installed within fifteen feet of the entrance to each bedroom in dwelling units within which fuel-fired appliances are installed and in dwelling units that have attached garages, K. Section R315.l.2, add an exception required in existing dwellings to read: Exception: Work involving exterior surfaces of dwellings, such as the replacement of roofing or siding, or the addition or replacement of windows or doors, or the addition of a porch or deck, are exempt from the requirements of this section. L. Section R408.I Ventilation is amended to read as follows: R408.1 Ventilation. The under-floor space between the bottom of the floor joists and the earth under any building (except space occupied by a basement) shall have ventilation openings through foundation walls or exterior walls. The minimum net area of ventilation openings shall not be less than I square foot ( m2) for each 150 square feet (14 m2) of under-floor space area, unless the ground surface is covered by a Class 1 vapor retarder material (minimum 6 mills in thickness). When a Class 1 vapor retarder material (minimum 6 mills in thickness) is used, the minimum net area of ventilation openings shall not be less than 1 square foot ( m2) for each 1,500 square feet (140 m2) of under-floor space area. One such ventilating opening shall be within 3 feet (914 mm) of each corner of the building

23 M. Section R is amended to read: 1. Exposed earth is covered with a continuous Class I vapor retarder (minimum 6-mill, in thickness). Joints of the vapor retarder shall overlap by 6 inches (152 mm) and shall be sealed or taped. The edges of the vapor retarder shall extend at least 6 inches (152 mm) up the stern wall and shall be attached and sealed to the stem wall or insulation; and N. Section R501.3 is deleted in its entirety. 0. Table R and Figures (1) are deleted in their entirety. P. Section R Placement of lag screws or bolts in deck ledgers and band joists is amended to read as follows: Section R Placement of lag screws or bolts in deck ledgers and band joists. The lag screws or bolts shall be placed 2 inches (5 1mm) in from the bottom or top of the deck ledgers and between 2 and 5 inches (51mm and 127mm) in from the ends. The lag screws or bolts shall be staggered from the top to the bottom along the horizontal run of the deck ledger. Q. Section R905. Requirements For Roof Coverings, is amended by adding a new Section R Wood shingle application, to read in its entirety as follows: R Wood shingle application. All Class C and wood shingles shall be installed per Section , Special purpose roofs, in the International Building Code. R. Section NllOl.3, Exception 2 is amended to read as follows: 2. Window replacements in existing structures where the framed opening size does not change. S. Section NI is amended to read as follows: N (R ) Sealing (Mandatory). Ducts, air handlers, and filter boxes shall be sealed. Section Ml ofthis code. Joints and seams shall comply with Exceptions: 1. Air-impermeable spray foam products shall be permitted to be applied without additional joint seals. 2. Where a duct connection is made that is partially inaccessible, three screws or rivets shall be equally spaced on the exposed portion of the joint so as to prevent a hinge effect. 3. Continuously welded and locking-type longitudinal joints and seams in ducts operating at static pressures less than 2-inches of water column (500 Pa) pressure classification shall not require additional closures systems

24 N (R ) Sealed air handler. Air handlers shall have a manufacturer s designation for an air leakage of no more than 2% of the design air flow rate when tested in accordance with ASHRAE 193. T. Add a new Section N (R ) System Commissioning. N (R ) System Commissioning. All forced air systems shall be tested in accordance with this section. 1. At rough prior to concealment of any ductwork or equipment Total leakage shall be less than or equal to 4 cfm (113.3 L/min) per 100 square feet (9.29 m2) of conditioned floor area when tested at a pressure differential of 0.1 inches w.g. (25 Pa) across the entire system, including the manufacturer s air handler enclosure. 1.2 Flows to each supply register shall be measured and shall be within ± 20% of the design flows. (The highest design air flow shall be used for measurement.) 1.3 Total static pressure shall not be more than the Manual D design. Exception: On homes where the same plan is built multiple times, only the first time the plan is built is rough commissioning required. 2. At final and prior to the issuance of a certificate of occupancy. 2.1 Flows to each supply register shall be measured and shall be within ± 20% of the design flows. (The highest design air flow shall be used for measurement). 2.2 Total static pressure shall not be more than the Manual D design. 2.3 Room to core pressures shall not be more than ±3 pa. (pascals). 2.4 Temperature rise shall be within manufacturer s specifications. Exception: On homes where the same plan is built multiple times, only the first time the plan is built is final commissioning required. U. Add subparagraph #8 to M160l.l.1, to read: 8. Approved flexible air duct connectors shall be used for residential toilet room and bathroom exhaust only. V. Section G2407.6, Outdoor combustion air, is amended to read in its entirety as follows: G Outdoor combustion air. Outdoor combustion air shall be provided through openings to the outdoors in accordance with Section G or G and shall be done 15-24

25 in a manner which is approved. The minimum dimension of air openings shall be not less than 3 inches (76 mm). W. Section G , Minimum burial depth, is amended to read in its entirety as follows: G Minimum burial depth. Horizontal metallic piping shall have at least 12 inches of earth cover or equivalent protection. Plastic gas piping shall have at least 18 inches of earth cover or equivalent protection. X. Section G24l7.4.1, Test pressure, is amended to read in its entirety as follows: G Test pressure. The test pressure to be used shall be no less than 1Y2 times the proposed maximum working pressure but not less than 10 psi. Y. Section G2432, Decorative Appliances for Installation in Fireplaces, is amended to add a new Section G l, Vented fireplace, to read as follows: G Vented fireplace. Within the vented fireplace, the damper must be removed or welded open and a glass door installed over the fireplace opening. Z. Section E Arc-fault circuit interrupter protection for branch circuit extensions or modifications. Item I is amended to read as follows: 1. A combination-type AFCI located at the origin of the branch circuit (if there is room in the panel). AA. Appendix J, Section AJ1O2.4 Replacement Windows is amended to read as follows: AJ1O2.4 Replacement Windows. Windows that are being replaced that do not alter the framing are exempt from a building permit. AB. Appendix J, Section AJ5OI.5.3 Additional Electrical Requirements is amended by the addition of a new section AJ5OI to read as follows: AJ5O Number of openings. General purpose and lighting outlet openings on an existing residence shall not be limited to 4 receptacles on a kitchen appliance circuit or 10 on a 15-amp circuit or 13 on a 20-amp circuit. Rather, the number of openings shall be governed by the calculations in the NEC. Exception: Full or partial basement finishes. (Ord ,2012) Violation; penalty. A. The Chief Building Official, Fire Code Official or any other designated Town official shall be empowered to issue citations, stop work orders, cease and desist orders or closure orders to any person found in violation of this Chapter

26 I B. Any person who violates any of the provisions of this Chapter shall be punished by a fine of not more $1, or by imprisonment not to exceed one year, or by both such fine and imprisonment. C. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by such person. (Ord , 2012) Adoption Application Amendments Violation; penalty Adoption. Chapter International Mechanical Code A. The Town adopts by reference the following code: International Mechanical Code, 2012 Edition, regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement and addition to, use or maintenance of mechanical systems in Castle Rock, as hereafter set out (published by the International Code Council, Inc., 4051 West Flossrnoor Road, Country Club Hills, IL ). B. The subject matter of the code concerns regulations to provide minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built environment; and to provide safety to firefighters and emergency responders during emergency operations. C. Three copies of the above-referenced code shall be maintained on file at the Development Services Department, and may be inspected during regular business hours, the same being adopted as if set out at length herein. (Ord ,2012) Application. The provisions of the adopted code shall apply to the construction, alteration, moving of buildings, demolition, repair and use of any building or structure within the Town, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated by code and hydraulic flood control structures. Applicants may submit permit applications and plan reviews in compliance with these adopted codes prior to January 2, Master Production Plans, those submitted to the Town for reuse on a minimum of four structures, should comply with the provisions in these adopted codes by April 1, One copy of an engineer stamped truss design, one engineer-stamped plan set along with one electronic CD of each is required for all Master Production Plans. (Ord , 2012) 15-26

27 SOLID-FUEL-BURNING GAS Amendments. The following amendments, additions and deletions are made to the International Mechanical Code: A. Section R1O1.l, Title, is amended to read in its entirety as follows: Title. These regulations shall be known as the Mechanical Code of The Town of Castle Rock, hereinafter referred to as this code. B. Section 901, General, is amended to add a new Section 901.5, Solid-fuel-burning equipment, to read as follows: SECTION EQUIPMENT Solid-fuel-burning equipment. No permit shall be issued for the installation of a solid-fuel-burning fireplace stove, fireplace insert or wood stove appliance unless the appliance fully conforms with the requirements for emissions testing, certification and labeling found under Title 30, Article 28, Sections , Colorado Revised Statutes. All such appliances to be installed must be certified by the Air Pollution Control Division of the Colorado Department of Health to meet the emissions standards set forth in Section IV of Regulation No. 4 of Volume I of the Colorado Air Quality Control Commission as EPA Phase II or Colorado Phase III solid-fuel-burning devices. C. Section 903, Factory built fireplaces, is amended to add a new Section 903.4, Gas logs in fireplaces, to read as follows: SECTION LOGS IN FIREPLACES Gas logs in fireplaces. In addition to the general requirements specified in Section 602 of the International Fuel Gas Code, gas logs in tailed in fireplaces shall comply with the requirements specified for heating equipment and heating appliances in this Code. Approved gas-fired decorative log sets may be installed only in solid-fuel-burning fireplaces, provided that: 1. The gas log is a listed appliance and is installed only in accordance with the manufacturer s instructions. 2. If the fireplace is equipped with a damper, the damper must be removed or welded open and glass door installed over the fireplace opening. Exception: Damper clamps that are an integral part of a listed gas log assembly and are installed in accordance with the manufacturer s instructions are permitted. 3. The fireplace chimney shall comply with Sections and 2111 of the Building Code. The cross-sectional area of the flue passageway shall be in accordance with Figure for masonry chimneys and Section 805 of the International Mechanical Code for factory-built chimneys

28 4. Gas logs shall be equipped with a pilot and listed safety shutoff valve. 5. Gas logs may be installed in factory-built fireplaces only if the factory-built fireplace is listed for the installation of a gas log and provided with a means for installation of the gas piping. 6. Permanent combustion air openings, communicating directly with outside air, shall be provided in the firebox or in an area directly communicating with the room in which the fireplace is located when Chapter 7 requires additional combustion air or if the gas log is installed in a bedroom. (Ord ,2012) Violation; penalty. A. The Chief Building Official, Fire Code Official or any other designated Town official shall be empowered to issue citations, stop work orders, cease and desist orders or closure orders to any person found in violation of this Chapter. B. Any person who violates any of the provisions of this Chapter shall be punished by a fine of not more than l, or by imprisonment not to exceed one year, or by both such fine and imprisonment. C. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by such person. (Ord , 2012) Adoption Application Amendments Violation; penalty Adoption. Chapter International Plumbing Code A. The Town adopts by reference the following code: International Plumbing Code, 2012 Edition, including Appendices B, D, E and F, regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems, as hereafter set out (published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL ) B. The subject matter of the code concerns regulations to provide minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation and safety to life

29 and property from fire and other hazards attributed to the built environment; and to provide safety to firefighters and emergency responders during emergency operations. C. Three copies of the above-referenced code shall be maintained on file at the Development Services Department, and may be inspected during regular business hours, the same being adopted as if set out at length herein. (Ord , 2012) Application. The provisions of the adopted code shall apply to the construction, alteration, moving of buildings, demolition, repair and use of any building or structure within the Town, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated by code and hydraulic flood control structures. Applicants may submit permit applications and plan reviews in compliance with these adopted codes prior to January 2, Master Production Plans, those submitted to the Town for reuse on a minimum of four structures, should comply with the provisions in these adopted codes by April 1, One copy of an engineerstamped truss design, one engineer-stamped plan set along with one electronic CD of each is required for all Master Production Plans. (Ord , 2012) Amendments. The following amendments, additions and deletions are made to the International Plumbing Code: A. Section 101.1, Title, is amended to read in its entirety as: Title. These regulations shall be known as the International Plumbing Code of The Town of Castle Rock, hereinafter referred to as this code. B. Section 305.4, Freezing, is amended to read in its entirety as follows: Freezing. Water, soil and waste pipes shall not be installed outside of a building, in attics or crawl spaces, concealed in outside walls or in any other place subjected to freezing temperature unless adequate provision is made to protect such pipes from freezing by insulation or heat or both. Exterior water supply system piping shall be installed not less than 24 inches below frost line and not less than 36 inches below grade. C. Section , Sewer depth, amend to read in its entirety as follows: Sewer depth. Building sewers that connect to private sewage disposal systems shall be permitted, inspected and approved by the Tn-County Health Department. D. Table 403.1, Minimum number of Required Plumbing Fixtures, is amended as: Table Minimum Number of Required Plumbing Fixtures. Add footnote e to both Drinking Fountain and Other columns (service sinks) and amend it to read as follows: e. See modifications per Section , International Building Code. E. Section 904.1, Roof extension, is amended to read in its entirety as: 15-29

30 904.1 Roof extension. All open vent pipes that extend through a roof shall be terminated at least 12 inches above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet above the roof. (Ord ,2012) Violation; penalty. A. The Chief Building Official, Fire Code Official or any other designated Town official shall be empowered to issue citations, stop work orders, cease and desist orders or closure orders to any person found in violation of this Chapter. B. Any person who violates any of the provisions of this Chapter shall be punished by a fine of not more than $1, or by imprisonment not to exceed one year, or by both such fine and imprisonment. C. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by such person. (Ord , 2012) Adoption Amendments Electrical permit fees Violation; penalty Adoption. Chapter National Electric Code A. The Town adopts by reference the following code: The National Electrical Code, 2011 Edition, as published by the National Fire Protection Association, One Batterymarch Park, Quincy, Massachusetts ; and the corresponding National Electrical Code Handbook, Library of Congress. The subject matter of said code concerns are adopted as the minimum standards governing the planning, laying out and installing or the making of additions, alterations and repairs in the installation of wiring apparatus and equipment for electric light and power in the Town. These standards are also adopted to provide minimum standards to safeguard life or limb, property and public welfare. Plans, engineering calculations, diagrams and other data shall be submitted with each permit application, to include the load calculation, if required by the Building Official. This adoption shall be in compliance with Title 12, Article 23, C.R.S. B. Except for temporary construction purposes, electrical permits shall not be issued on a new structure until a building permit has been issued. Electrical permits may be issued when a building permit is not necessary. The name and number of the Colorado-licensed Master Electrician is required on the permit application prior to issuance of the electrical permit

31 C. The submitting of an electrical permit application and fee does not constitute a permit. It simply means that a permit has been applied for and, if the plans are approved, a permit will be forthcoming. No work shall commence until the permit has been issued. D. All buildings shall require, at a minimum, one permit per meter and one address per meter. The meter or panel shall be permanently marked before the meter can be set and energized. Any and all work started without a permit will be subject to additional fees. NO EXCEPTIONS. (Ord , 2012) Amendments. The following amendments, additions and deletions are made to the 2011 Edition of the National Electric Code: A. The 2011 Edition of the National Electric Code is amended by the addition of the following language: Penalties. Any person who fails to comply with the provisions of this Code or who fails to carry out an order made pursuant to this Code or violates any condition attached to a permit, approval or certificate shall be subject to the penalties established by this jurisdiction and incorporated herein at Section of the Castle Rock Municipal Code. B. Article 2l0.52(B)(3), Kitchen Receptacle Requirements, of the 2011 Edition of the National Electric Code is amended by the addition of a new subparagraph (a) to read as follows: (a) These shall be no more than four (4) outlet openings on a residential kitchen small appliance branch circuit. C. Article (I), Receptacle Outlets, of the 2011 Edition of the National Electric Code, is amended by the addition of a new subparagraph (1) to read as follows: (I) For dwellings, general purpose outlets, the number of outlets per circuit shall not exceed 10 on a 15-ampere circuit or 13 on a 20-ampere circuit. (Ord ,2012) Electrical permit fees. A. Residential. This Subsection includes modular homes, travel trailers, duplexes, apartments and condominiums. The permit fees for construction, extensive remodeling and additions shall be based on the enclosed living area. Subject to Subsection A of this Code, permit fees shall be assessed and collected in the amounts and at the times set forth in the Development Services Fee Schedule as defined in Section of this Code. Any fees not previously collected shall be collected at, and as a condition to, the issuance of a certificate of occupancy for the structure. B. Commercial and all other fees. These fees shall be computed on the dollar value of the electrical installation, including fixtures and installation costs, etc. Subject to Subsection A of this Code, permit fees for electrical inspections separate from inspections through building permits shall be assessed and collected in the amounts and at the times set forth in the Development Services 15-31

32 Fee Schedule, as defined in Section of this Code. Any fees not previously collected shall be collected at, and as a condition to, the issuance of a certificate of occupancy for the structure. (Ord ,2012) Violation; penalty. A. The Fire Code Official, Chief Building Official, code enforcement officer or other designated Town official shall be empowered to issue citations, stop-work orders, cease and desist orders or closure orders to any person found in violation of the National Electrical Code. B. Every person convicted by citation of a violation of any provision of the 2011 Edition of the National Electrical Code shall be punished by a fine not exceeding $1, or by imprisonment not to exceed one year, or by both such fine and imprisonment. C. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by any such person. (Ord ,2012) Adoption Application Amendments Violation; penalty Adoption. Chapter International Energy Conservation Code A. The Town adopts by referenced the following code: International Energy Conservation Code, 2012 Edition, regulating and governing energy efficient building envelopes and installation of energy efficient mechanical, lighting and power systems, as hereafter set out (published by the International Code Council, Inc., 4051 West Flossrnoor Road, Country Club Hills, IL ). B. The subject matter of the code concerns regulations to provide minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built environment; and to provide safety to firefighters and emergency responders during emergency operations. C. Three copies of the above-referenced code shall be maintained on file at the Development Services Department, and may be inspected during regular business hours, the same being adopted as if set out at length herein. (Ord , 2012) Application. The provisions of the adopted code shall apply to the construction, alteration, moving of buildings, demolition, repair and use of any building or structure within the Town, except work located

33 primarily in a public way, public utility towers and poles, mechanic al equipment not specifically regulated by code and hydraulic flood control structures. Applicants may submit permit applications and plan reviews in compliance with these adopted codes prior to January 2, Master Production Plans, those submitted to the Town for reuse on a minimum of four structures, should comply with the provisions in these adopted codes by April 1, One copy of an engineerstamped truss design, one engineer-stamped plan set along with one electronic CD of each is required for all Master Production Plans. (Ord , 2012) Amendments. The following amendments, additions and deletions are made to the International Energy Conservation Code: A. Section 101.1, Title, is amended to read in its entirety as: Title. These regulations shall be known as the International Energy Conservation Code of The Town of Castle Rock hereinafter referred to as this code. B. Section , amend Exception 2 to read as follows: Exceptions: 2. Window replacements in existing structures where the framed opening size does not change. C. Section , amend to read as follows: R Replacement fenestration. Where some or all of an existing fenestration unit is replaced with a new fenestration product that changes the size of the framed wall opening, the replacement fenestration unit shall meet the applicable requirements for U-factor. D. Section C406, Additional Efficiency Package Options, is deleted in its entirety. (Ord ,2012) Violation; penalty. A. The Chief Building Official, Fire Code Official or any other designated Town official shall be empowered to issue citations, stop work orders, cease and desist orders or closure orders to any person found in violation of this Chapter. B. Any person who violates any of the provisions of this Chapter shall be punished by a fine of not more than $1, or by imprisonment not to exceed one year, or by both such fine and imprisonment. C. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by such person. (Ord ,2012)

34 Chapter International Fuel Gas Code Adoption Application Amendments Violation; penalty Adoption. A. The Town adopts by reference the following code: International Fuel Gas Code, 2012 Edition, regulating and governing fuel gas systems and gas-fired appliances, as hereafter set out (published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL ). B. The subject matter of the code concerns regulations to provide minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built environment; and to provide safety to firefighters and emergency responders during emergency operations. C. Three copies of the above-referenced code shall be maintained on file at the Development Services Department, and may be inspected during regular business hours, the same being adopted as if set out at length herein. (Ord , 2012) Application. The provisions of the adopted code shall apply to the construction, alteration, moving of buildings, demolition, repair and use of any building or structure within the Town, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated by code and hydraulic flood control structures. Applicants may submit permit applications and plan reviews in compliance with these adopted codes prior to January 2, Master Production Plans, those submitted to the Town for reuse on a minimum of four structures, should comply with the provisions in these adopted codes by April 1, One copy of an engineerstamped truss design, one engineer-stamped plan set along with one electronic CD of each is required for all Master Production Plans. (Ord , 2012) Amendments. The following amendments, additions and deletions are made to the International Fuel Gas Code: A. Section 101.1, Title, is amended to read in its entirety as: Title. These regulations shall be known as the Fuel Gas Code of The Town of Castle Rock, hereinafter referred to as this code. B. Section is amended to read as follows: 15-34

35 Exception: CSST that is not required to be bonded per the manufacturer s installation instructions. C. Amend Section 404.9, Minimum burial depth, to read in its entirety as follows: Minimum burial depth. Horizontal metallic piping shall have at least 12 inches of earth cover or equivalent protection. Plastic gas piping shall have at least 18 inches of earth cover or equivalent protection. D. Amend Section , Test pressure, to read in its entirety as follows: Test pressure. The test pressure to be used shall be no less than I V2 times the proposed maximum working pressure but not less than 10 psi. (Ord ,2012) Violation; penalty. A. The Chief Building Official, Fire Code Official or any other designated Town official shall be empowered to issue citations, stop work orders, cease and desist orders or closure orders to any person found in violation of this Chapter. B. Any person who violates any of the provisions of this Chapter shall be punished by a fine of not more than $1, or by imprisonment not to exceed one year, or by both such fine and imprisonment. C. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by such person. (Ord , 2012) Adoption Application Amendments Violation; penalty Adoption. Chapter International Fire Code A. The following code is adopted by reference: International Fire Code, 2012 Edition, including Appendices B, C, D, E, F and I, as hereafter set out (published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL ). B. The subject matter of the code concerns regulations to provide minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation and safety to life

36 and property from fire and other hazards attributed to the built environment; and to provide safety to firefighters and emergency responders during emergency operations. C. Three copies of the above-referenced code shall be maintained on file at the Development Services Department, and may be inspected during regular business hours, the same being adopted as if set out at length herein. (Ord , 2012) Application. A. The provisions of the adopted codes shall apply to the construction, alteration, moving of buildings, demolition, repair and use of any building or structure within the Town, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated by code and hydraulic flood control structures. Applicants may submit permit applications and plan reviews in compliance with these adopted codes prior to January 2, Master Production Plans, those submitted to the Town for reuse on a minimum of four structures, should comply with the provisions in these adopted codes by April 1, One copy of an engineerstamped truss design, one engineer-stamped plan set along with one electronic CD of each is required for all Master Production Plans. 13. Where, in any specific case, there is a conflict between different sections of the International Fire Code or between the International Fire Code or other Town regulation, the most restrictive provision shall apply. (Ord , 2012) Amendments. The following amendments, additions, and deletions are made to the 2012 International Fire Code (IFC): A. Section is amended as follows: Title. When used in the IFC, the word jurisdiction shall mean the area within the municipal boundaries of the Town of Castle Rock and the boundaries of the Castle Rock Fire Protection District. B. Section is amended to read as follows: Appendices. Adopt specifically, Appendices B, C, D, E, F and I listed in the 2012 IFC. Where conflicts occur between the Town of Castle Rock Transportation Design Criteria Manual and Appendix D, the Town of Castle Rock Transportation Design Criteria Manual shall apply, when the Town of Castle Rock Transportation Design Criteria Manual is silent, the provisions of Appendix D shall apply. C. Section is amended to read as follows: [A] Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 80 and such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections and Where this Chapter states the

37 effective date and title of the referenced standards, it is understood that the Castle Rock Fire and Rescue Department will use the most recent version of all standards. D. Section is amended to read as follows: Violation penalties. Persons who are found guilty of a violation of a provision of this code or fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Code Official, or of a permit or certificate used under provisions of this code shall be punished by a fine of not more than $1000 or by imprisonment not exceeding one year, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense, with the exception of Sections and , which shall be classified as parking violations and subject to a minimum fine of $100. In addition, mail-in summons and complaints, as authorized by the Municipal Court of the Town, may be issued to any owner or operator of any vehicle found in violation of the IFC, Section and/or Section and Section 1204(2)(b) of the Model Traffic Code for Colorado. In the event no response is made to said summons and complaint within fifteen (15) days of issuance thereof, the Court may inquire of the State Department of Revenue, Motor Vehicle Division, to determine the registered owner of the vehicle, and it shall be presumed that the registered owner caused the vehicle to be in violation of said sections of this code. E. Section is amended to read as follows: Failure to comply. Any person who continues any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be punished by a fine of not more than $1000 or by imprisonment not exceeding one year, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. F. Chapter 2, Definitions, is amended to add the following definitions: EMERGENCY VEHICLE ACCESS ROAD (EVA) is designed and designated as a secondary fire apparatus access road. FLAG LOT is a lot where a dwelling unit does not front a fire apparatus access road. LOOP WATER DISTRIBUTION SYSTEM is described as a water main arranged in a complete circuit so that water will be supplied to a given point from more than one direction. (Essentials of Fire Fighting and Fire Department Operations, International Fire Service Training Association [IFSTA], 5th Edition). G. Section is amended to read as follows: Bonfires. A bonfire shall not be conducted or permitted within the municipal limits of the Town of Castle Rock or anywhere within the Castle Rock Fire Protection District. H. Section is amended to read as follows: 15-37

38 Dead ends and cul-de-sacs. Fire apparatus access roads that are dead-end in excess of 150-feet (45720 mm) in length shall be provided with an approved area for turning around fire apparatus. Fire apparatus access roads that are dead-end or cul-de-sacs in excess of 600-feet ( mm) in length shall require an approved automatic sprinkler system to be installed in all structures in accordance with the requirements of Sections , or Exception: The Fire Code Official may waive the requirement of automatic sprinkler system if all of the following requirements are met: 1. Fire hydrant is on a looped water distribution system; and 2. Access road meets Section of the Castle Rock Transportation Design Criteria Manual; and 3. Structures that are 5,000 total square feet footprint; and 4. Within the Standard of Cover benchmark response time. I. Section is amended to add a new subparagraph Flag Lots to read as follows: Flag Lots. Fire apparatus access roads to flag lots will be installed in accordance with Section 503. Exception: An approved driveway surface and an approved automatic sprinkler system installed in all structures on the flag lots in accordance with Sections , , or All approvals are pursuant to the requirements of the Fire Code Official. J. Section is amended to read as follows: Marking. Where required by the Fire Code Official, approved signs or other approved notices or markings that include the words NO PARKING FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. Signage and placement shall be pursuant to the requirements of the Fire Code Official. K. Section is amended to read as follows: Address identification. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the Fire Code Official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers for one- and two-family dwellings shall be Arabic numbers or alphabetic letters and be a minimum of 4-inches (101.6 mm) high with a minimum stroke width of 0.5-inch (

39 mm). Address numbers for commercial occupancies shall be Arabic numbers and shall be a minimum of 6-inches (152.4 mm) high with a minimum stroke width of 1.0 inch (25.4 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. Emergency response letters/numbers of all exterior building doors shall be pursuant to the requirements of the Fire Code Official. L. The 2012 International Fire Code is amended to add a new subsection to read as follows: Relocations and additions to existing commercial automatic sprinkler systems. Relocation/additions to existing commercial automatic sprinkler systems of less than 20 sprinkler heads shall be pursuant to the requirements of the Fire Code Official. M. Section is amended to read as follows: Records. Records of all system inspections, tests and maintenance required by the referenced standards shall be maintained on the premises for a minimum of three years and shall be copied to the Fire Code Official. N. The 2012 International Fire Code is amended to add a new subsection to read as follows: False or nuisance alarms. False Alarms. Following a response to a false alarm from a fire protection system, the Fire Code Official may issue a summons in accordance with Section and , CR5. Nuisance Alarms. Response to three nuisance alarms from a fire protection system in any consecutive 90-day period, the Fire Code Official may issue a summons in accordance with Section Section is amended to read as follows: Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections through Refer to Section Dead-ends and cul-de-sacs for automatic sprinkler system requirements. P. Section is amended to read as follows: NFPA 13D sprinkler systems. Automatic sprinkler systems installed in one- and two-family dwellings, Group R-3 and R-4 congregate living facilities and townhouses shall be permitted to be installed throughout in accordance with NFPA 1 3D. Sprinkler coverage shall be above all doors in the garage adjoining the living space. Q. Section is amended by the deletion of Exception #

40 R. Section is amended to read as follows: Alarms. An approved audible and visual device(s) located on the exterior of the building in an approved location shall be connected to each automatic sprinkler system. Such sprinkler water-flow alarm device(s) shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. S. Section is amended by the addition of a new subsection 10, to read as follows: 10. All businesses shall report their chemicals to the following website: T. Section is amended to include the following Exception #5: 5. Fireworks shall be regulated by Title 12, Article 28, C.R.S. and Chapter 8.24, CRMC. The established time for the use of permissible fireworks is between the hours of 08:00 AM and 10:00 PM on July 4th. U. Section is amended to read as follows: Sales and retail display. No person shall construct a retail display nor offer for sale explosives, explosive material or fireworks upon highways, sidewalks, public property, or in Group A, B, E, F, H, I, M, R, 5, or U occupancies. All retail display or offer for sale shall be pursuant to the requirements of the Fire Code Official. V. The 2012 International Fire Code is amended by the addition of a new subsection to read as follows: Pre-blast survey. Prior to any blasting, the blasting company shall have a third party company perform pre-blast surveys on all structures within 500 feet of the blast site upon approval of the property owner. Should the owner, operator, occupant, or other person responsible for the property refuse the survey, the blasting company shall provide written documentation of refusal to the blasting company, owner, operator, occupant or other person responsible for the property and the Fire Code Official. W. The 2012 International Fire Code is amended by the addition of a new subsection to read as follows: Pre-blast notifications. Prior to any blasting or pre-blast surveys, the blasting company shall notify all occupied structures within 1,000 feet of the property lines of the site upon which any blasting operations are to occur by certified mail or direct delivery, that the blasting occurring and that a third party company will be conducting pre-blast surveys within 500 feet of the blast site, as required by Section The blasting company shall provide a copy of the written documentation and documentation of which owner, operator, occupant or other person responsible for the property was notified to the Fire Code Official. The Fire Code 15-40

41 Official reserves the right to require notifications beyond 1,000 feet, depending on the site conditions and proximity to existing residential and/or commercial areas. (Ord ,2012) Violation; penalty. A. The Chief Building Official, Fire Code Official or any other designated Town official shall be empowered to issue citations, stop work orders, cease and desist orders or closure orders to any person found in violation of this Chapter. B. Any person who violates any of the provisions of this Chapter shall be punished by a fine of not more than $1, or by imprisonment not to exceed one year, or by both such fine and imprisonment. C. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by such person. (Ord , 2012) Adoption Application Amendments (Reserved) Violation; penalty Adoption. Chapter National Fire Alarm Code A. The following is code is adopted by reference: National Fire Alarm Code, 2010 Edition, published by the National Fire Protection Association, One Batteryrnarch Park, Quincy, MA B. The subject matter of the code concerns regulations to provide minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built environment; and to provide safety to firefighters and emergency responders during emergency operations. C. Three copies of the above-referenced code shall be maintained on file at the Development Services Department, and may be inspected during regular business hours, the same being adopted as if set out at length herein. (Ord , 2012) Application. The provisions of the adopted code shall apply to the construction, alteration, moving of buildings, demolition, repair and use of any building or structure within the Town, except work located 15-41

42 primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated by code and hydraulic flood control structures. Applicants may submit permit applications and plan reviews in compliance with these adopted codes prior to January 2, Master Production Plans, those submitted to the Town for reuse on a minimum of four structures, should comply with the provisions in these adopted codes by April 1, One copy of an engineerstamped truss design, one engineer-stamped plan set along with one electronic CD of each is required for all Master Production Plans. (Ord , 2012) Amendments (Reserved) Violation; penalty. A. The Chief Building Official, Fire Code Official or any other designated Town official shall be empowered to issue citations, stop work orders, cease and desist orders or closure orders to any person found in violation of this Chapter. B. Any person who violates any of the provisions of this Chapter shall be punished by a fine of not more than $1, or by imprisonment not to exceed one year, or by both such fine and imprisonment. C. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by such person. (Ord ,2012) Adoption Application Amendments Violation; penalty Adoption. Chapter Uniform Code for the Abatement of Dangerous Buildings A. The following code is adopted by reference: Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, as hereafter set out (published by the International Code Council, Inc., 4051 West Flossrnoor Road, Country Club Hills, IL, ). B. The subject matter of the code concerns regulations to provide minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built environment; and to provide safety to firefighters and emergency responders during emergency operations. C. Three copies of the above-referenced code shall be maintained on file at the Development Services Department, and may be inspected during regular business hours, the same being adopted as if set out at length herein. (Ord ,2012) 15-42

43 Application. The provisions of the adopted code shall apply to the construction, alteration, moving of buildings, demolition, repair and use of any building or structure within the Town, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated by code and hydraulic flood control structures. (Ord , 2012) Amendments. The following amendments, additions and deletions are made to the Uniform Code for the Abatement of Dangerous Buildings: A. Section 103, amend Alterations, additions and repairs to read: All buildings or structures which are required to be repaired under the provisions of this code shall be subject to the provisions of the International Existing Building Code. B. Section 301, amend definition of Building Code to read as follows: BUILDING CODE is the International Residential Code for one- and two-family dwellings or the International Building Code for other occupancies. C. Section 301, repeal the definition of Housing Code. D. Section 302, amend Dangerous Building, Item #1 to read as follows: 1. Whenever any required exit door, aisle, passageway, stairway or other means of exit has become an insufficient width or size, or has become so arranged as to provide an unsafe and inadequate means of exit in case of fire or panic. E. Section 302, amend Dangerous Building Item #13 to read as follows: 13. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure, provided by the building regulations of this jurisdiction, as specified in Building Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. (Ord ,2012) Violation; penalty. A. The Chief Building Official, Fire Code Official or any other designated Town official shall be empowered to issue citations, stop work orders, cease and desist orders or closure orders to any person found in violation of this Chapter. B. Any person who violates any of the provisions of this Chapter shall be punished by a fine of not more than S1, or by imprisonment not to exceed one year, or by both such fine and imprisonment

44 C. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by such person. (Ord , 2012) Adoption Applicability Amendments Violation; penalty Adoption. Chapter International Existing Building Code A. The following code is adopted by reference: International Existing Building Code, 2012 Edition, regulating and governing the use and reuse of existing buildings, as hereafter set out (published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL ). B. The subject matter of the code concerns regulations to provide minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built environment; and to provide safety to firefighters and emergency responders during emergency operations. C. Three copies of the above-referenced code shall be maintained on file at the Development Services Department, and may be inspected during regular business hours, the same being adopted as if set out at length herein. (Ord , 2012) Application. The provisions of the adopted code shall apply to the construction, alteration, moving of buildings, demolition, repair and use of any building or structure within the Town, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated by code and hydraulic flood control structures. (Ord , 2012) Amendments. The following amendments, additions and deletions are made to the International Existing Building Code: A. Section Title is amended to read as follows: Title. These regulations shall be known as the International Existing Building Code of the Town of Castle Rock, hereinafter referred to as this code. B. Section Additional codes is amended to read as follows: 15-44

45 MOVED Additional codes. Alterations, repairs, additions and changes of occupancy to, or relocation of, existing buildings and structures shall comply with the provisions for alterations, repairs, additions, and changes of occupancy or relocation, respectively, in this code and the International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code, International Residential Code, International Swimming Pool and Spa Code and NFPA 70. C. Section 409 Moved Structures is amended to read as follows: SECTION STRUCTURES Conformance. Structures moved into or within the jurisdiction shall comply with the provisions of this Code for new buildings and structures. Exception: Manufactured homes which are not certified by the Colorado Division of Housing or are not otherwise approved as meeting the minimum requirements of the International Building Code, International Plumbing Code, International Mechanical Code, and National Electric Code, shall be installed and used in accordance with Section and other pertinent laws and regulations Manufactured housing General. No manufactured home shall be installed or placed upon a site or manufactured home space unless a permit has first been obtained from the Chief Building Official and the manufactured home bears a label or has other approved documentation certifying that the manufactured home was constructed in accordance with NFPA 501B/ANSI A 119.1(1973, 1974 and 1975 Editions) or the Federal Manufactured Home Construction and Safety Standards Act (42 U.S.C , et seq., as amended). Exception: When inspected and approved on an individual basis by the Chief Building Official, manufactured housing constructed prior to 1973 and not certified to meet the standards listed in Section above may be installed on manufactured home spaces in a manufactured home park, subject to the following requirements: 1. Structural condition. The manufactured home is, as best as can be determined by inspection, structural observation by an approved special inspector, or other reasonable means, in a safe, sound, physical and structural condition. 2. Exit facilities. The manufactured home shall be equipped with two operational exit doors. 3. Smoke detectors. The manufactured home shall have operable, approved smoke detectors installed in accordance with the requirements of Section R of the International Residential Code for alterations to buildings. 4. Electrical. All electrical wiring and distribution equipment within the manufactured home shall be, as best as can be determined by inspection, in safe working 15-45

46 condition and, at a minimum, in conformance with nationally recognized standards in effect at the time of construction of the manufactured home. 5. Mechanical. All fuel-burning appliances within the manufactured home, including furnaces, water heaters and solid-fuel burning fireplaces or fireplace stoves, shall be, as best can be determined by inspection, in safe working condition, including the provision of or the condition of shutoff valves, flexible connectors, combustion air, clearances to combustible materials, vents and chimneys. 6. Plumbing. All plumbing fixtures, drainage piping and water piping within the manufactured home shall be, as best as can be determined by inspection, in safe operating condition Installation standards. Manufactured homes shall be installed in accordance with Resolution 20 of the State Housing Board, The Colorado Installation and Set-up Standards for Manufactured Housing, which resolution adopts by reference with amendments, NCSBCS A225.1 (ANSI A225.l-1987), the NCSBCS Standard for Manufactured Home Installations. Wind anchoring equipment (ties) shall be in accordance with the installation standards, including wind load requirements of the Town of Castle Rock Manufactured homes on permanent foundations. Manufactured homes which are not less than 24-feet in width and 36-feet in length, and which have a brick, wood or cosmetically equivalent exterior siding and a pitched roof and are not otherwise in accordance with (3)(a), C.R.S., as amended, may be installed outside of manufactured home parks if installed on engineering permanent foundations and if the installation is otherwise in accordance with all applicable site installation requirements of this Code for dwellings. In addition, such homes shall be certified as having roof structures sufficient to support snow loads of the Town of Castle Rock at the building site and shall also be certified as meeting the minimum requirements of the Energy Code Accessory buildings and structures. Accessory structures, including porches, stairways, landings, storage structures, awnings, carports, cabanas, ramnadas and similar structures shall be constructed in accordance with the Building Code and the applicable requirements of the Colorado Installation and Set-up Standards for Manufactured Housing Replacement furnaces, water heaters and wood stoves. The installation or replacement of furnaces, unit heaters, water heaters and solid fuel-burning appliances shall be in accordance with the federal Manufactured Home Construction and Safety Standards Act. (Ord ,2012) Violation; penalty. A. The Chief Building Official, Fire Code Official or any other designated Town official shall be empowered to issue citations, stop work orders, cease and desist orders or closure orders to any person found in violation of this Chapter

47 B. Any person who violates any of the provisions of this Chapter shall be punished by a fine of not more than 1, or by imprisonment not to exceed one year, or by both such fine and imprisonment. C. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by such person. (Ord ,2012) Adoption Application Amendments Violation; penalty Adoption. Chapter International Swimming Pool and Spa Code A. The following code is adopted by reference: International Swimming Pool and Spa Code, 2012 Edition, regulating and governing swimming poois, spas, hot tubs, aquatic facilities, as hereafter set out (published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL ). B. The subject matter of the code concerns regulations to provide minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built environment; and to provide safety to firefighters and emergency responders during emergency operations. C. Three copies of the above-referenced code shall be maintained on file at the Development Services Department, and may be inspected during regular business hours, the same being adopted as if set out at length herein. (Ord , 2012) Application. The provisions of the adopted code shall apply to the construction, alteration, moving of buildings, demolition, repair and use of any building or structure within the Town, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated by code and hydraulic flood control structures. Applicants may submit permit applications and plan reviews in compliance with these adopted codes prior to January 2, Master Production Plans, those submitted to the Town for reuse on a minimum of four structures, should comply with the provisions in these adopted codes by April 1, One copy of an engineer stamped truss design, one engineer-stamped plan set along with one electronic CD of each is required for all Master Production Plans. (Ord , 2012) 15-47

48 Accessible Amendments. The following amendments, additions and deletions are made to the International Swimming Pool and Spa Code: A. Section Title is amended to read as follows: Title. These regulations shall be known as the International Pool and Spa Code of the Town of Castle Rock hereinafter referred to as this code. (Ord ,2012) Violation; penalty. A. The Chief Building Official, Fire Code Official or any other designated Town official shall be empowered to issue citations, stop work orders, cease and desist orders or closure orders to any person found in violation of this Chapter. B. Any person who violates any of the provisions of this Chapter shall be punished by a fine of not more than S1, or by imprisonment not to exceed one year, or by both such fine and imprisonment. C. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by such person. (Ord , 2012) Adoption Application Amendments (Reserved) Violation; penalty Adoption. Chapter Miscellaneous Codes A. The Town adopts by reference the following codes: 1. ICC A American National Standard and Usable Buildings and Facilities (published by the International Code Council, 4051 W. Flossmoor Road, Country Club Hills, IL ; 2. ASME A and ASME A17.3, 2005 Edition, and A Elevator Codes (published by the American Society of Mechanical Engineers, 3 Park Avenue, New York, NY )

49 The subject matter of the codes concerns regulations to provide minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built environment; and to provide safety to firefighters and emergency responders during emergency operations. B. Three copies of the above-referenced codes shall be maintained on file at the Development Services Department offices, and may be inspected during regular business hours, the same being adopted as if set out at length herein. (Ord , 2012) Application. The provisions of the adopted codes shall apply to the construction, alteration, moving of buildings, demolition, repair and use of any building or structure within the Town, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated by code and hydraulic flood control structures. Applicants may submit permit applications and plan reviews in compliance with these adopted codes prior to January 2, Master Production Plans, those submitted to the Town for reuse on a minimum of four structures, should comply with the provisions in these adopted codes by April 1, One copy of an engineerstamped truss design, one engineer-stamped plan set along with one electronic CD of each is required for all Master Production Plans. (Ord , 2012) Amendments (Reserved) Violation; penalty. A. The Chief Building Official, Fire Code Official or any other designated Town official shall be empowered to issue citations, stop work orders, cease and desist orders or closure orders to any person found in violation of this Chapter. B. Any person who violates any of the provisions of this Chapter shall be punished by a fine of not more than $1, or by imprisonment not to exceed one year, or by both such fine and imprisonment. C. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by such person. (Ord , 2012) 15-49

50 Administration Applicability Permits Fees Building permit valuations Permit fees Inspections Certificate of occupancy Board of Building Appeals Administration. Chapter Construction Code General Administration The following administration section shall supplement the Administration section in each of the following codes: International Building Code (see Chapter 15.04), International Residential Code for One- and Two-Family Dwellings (hereafter referred to as the International Residential Code ) (see Chapter 15.06), International Mechanical Code (see Chapter 15.08), International Plumbing Code (see Chapter 15.10), International Energy Conservation Code (see Chapter 15.14), International Fire Code (see Chapter 15.18), and the International Fuel Gas Code (see Chapter 15.16) the International Existing Building Code (see Chapter 15.24) and the International Swimming Pool and Spa Code (see Chapter 15.26). A. General. 1. Title. The regulations contained herein and contained in the codes adopted under this Title, Chapters through Chapter shall be known as the Town of Castle Rock Building Code, and may be cited as such and are referred to herein as the code. 2. Referenced Codes and Standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. The provisions of the International Plumbing Code and the International Mechanical Code shall apply to the installation of the plumbing and mechanical systems and shall be considered as the specific code. Plumbing Chapters 25 through 32 and Mechanical Chapters 12 through 24 of the International Residential Code shall be considered as general requirements. To the extent a conflict exists between the chapters in the International Residential Code and the International Plumbing Code, the International Mechanical Code and the International Fuel Gas Code, the International Residential Code as amended by the Town shall apply. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer s instructions shall apply. 3. Electrical. The provisions of the National Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. Provisions of Chapter 34 through Chapter 42 of the International Residential Code shall be considered as general requirements. To the extent a 15-50

51 conflict exists between Chapter 34 through Chapter 42 of the International Residential Code and the National Electrical Code, the National Electrical Code as adopted and amended by the Town shall apply, except in Sections Z and AB. 4. Plumbing. Private sewage disposal shall be administered by the Tn-County Health Department and a building certificate of occupancy shall not be issued without approvals from Tn- County Health. 5. Existing Buildings. The provisions of the International Existing Building Code and Appendix J of the International Residential Code shall apply to all matters governing the design, construction and repair of existing buildings. 6. Historic Buildings. Any building or structure that is listed in the State or National Register of Historic Places; designated as a historic property under local or state designation law or survey; certified as a contributing resource with a National Register listed or locally designated historic district; or with an opinion or certification that the property is eligible to be listed on the National or State Registers of Historic Places either individually or as a contributing building to a historic district by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, are exempt from this code unless judged by the Chief Building Official to constitute a distinct life safety hazard. (Ord , 2012) Applicability. Where, in any specific case, different sections of this Building Code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. The Chief Building Official is authorized and directed to enforce the provisions of this Code, render interpretations and adopt policies and procedures in order to clarify the application of the Codes provisions. Such interpretations and policies shall not have the effect of waiving requirements specifically provided for in this Building Code. (Ord , 2012) Permits. A. Time limitation of application. An application for a permit for any proposed work shah be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Chief Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. B. Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any provisions of this Code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this Code or other ordinance of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the Chief Building Official from requiring the correction of errors in the construction documents and other data. The Chief Building Official is also authorized to prevent occupancy or use of the structure when in violation of this Code or of any other ordinances or codes of this jurisdiction

52 C. Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 consecutive days. Work shall be deemed suspended or abandoned if no inspections for work completed have occurred within such 180-day period. The Chief Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Upon expiration of such extended periods, the applicant shall not proceed with any work on the site until such time as applicant receives a reinstated building permit, which will require the applicant to first have any project plans submitted for approval to the current adopted code and make payment of all necessary fees based on the value of the work remaining on the permit. Any fee refund for the fees paid under the expired building permit shall be made pursuant to Section E. (Ord ,2012) Fees. A. Payment of fees. A permit shall not be valid until the fees described by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. Any payment returned as insufficient funds or cancelled credit card transaction shall be considered unpaid and the applicant shall repay the fees in cash or certified funds prior to any work commencing. B. Schedule of permit fees. On buildings, structures, electrical, gas. mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as set forth and published in the Development Sei-vices Fee Schedule. C. Plan review fees. When submittal documents are required by this Code, a nonrefundable plan review fee deposit shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be 65% of the building permit fee as set forth and published in the Development Services Fee Schedule. After plan review is completed, a credit or debit shall be applied to the building permit as required. 1. The plan review fees specified in this section are separate fees from the permit fees specified in the Development Services Fee Schedule and are in addition to the permit fees. 2. When submittal documents are incomplete or changed to require additional plan reviews or when the project involves deferred submittal items, an additional plan review fee shall be charged at the rate set forth and published in the Development Services Fee Schedule title additional plan reviews, as it is amended from time to time. D. Investigation fees. Work without a permit. 1. Investigation. Whenever any work for which a permit is required by this Code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. 2. Fee. An investigation fee, in addition to the permit fee, may be collected whether or not a permit is then or subsequently isslied at the discretion of the Chief Building Official. The investigation fee shall be equal to the amount of the permit fee required by this Code. The

53 minimum investigation fee shall be the same as the minimum fee set forth and published in the Development Services Fee Schedule. 3. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this Code or from any penalty prescribed by law. E. Fee refunds. The Chief Building Official may authorize refunding 100% of any fee which was erroneously paid or collected. 1. The Chief Building Official may authorize refunding of not more than 80% of the building permit fee paid when no work has been done under a permit issued in accordance with this Code, or when the building permit has expired pursuant to Section C, CRMC. 2. The Chief Building Official may authorize refunding of not more than 80% of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done. 3. The Chief Building Official shall not authorize refunding of any fee paid except on written application filed by the original Developer not later than 180-days after the date of fee payment. (Ord ,2012) Building permit valuations. The building permit valuation shall be determined by the Chief Building Official based upon the 2009 Town of Castle Rock Building Valuation Data Table. (Ord , 2012) Permit fees. A. Subject to Subsection A of this Code, every person applying for a permit shall pay fees in the amount and at the time as required and as set forth in the Development Services Fee Schedule, as defined in Section Any fees not previously collected shall be collected at, and as a condition to, the issuance of a certificate of occupancy for the structure. B. A Cherry Creek Basin building permit fee shall also be assessed to all new construction located within that portion of the Town which is within the boundary of the Cherry Creek Basin Water Quality Authority, as recorded with the Douglas County Assessor s office. The building permit fees will be those set forth and published in the Development Services Fee Schedule. C. Fire/life safety compliance review and inspection fees. Fees imposed for construction plans review and inspection as described in the International Fire Code, 2012 Edition, shall be those fees set forth and published in the Development Services Fee Schedule. D. Other inspections and fees. The inspection fees shall be based upon the actual cost to the Town, but no less amount than those fees set forth and published in the Development Services Fee Schedule. (Ord , 2012) 15-53

54 underground Inspections. A. All construction or work for which a permit is required shall be subject to inspection by the Chief Building Official, and all such construction or work shall remain accessible and exposed for inspection purposes until approved by the Chief Building Official. In addition, certain types of construction shall have continuous inspection as specified in the International Building Code Chapter 17, Structural Tests and Special Inspections. B. Required inspections. 1. Rough inspections. a. Temporary electric construction meter. To be made after all wiring installations have been made as required in the National Electrical Code, Article 527, entitled Temporary Installations, including specific installation requirements of the Intermountain Rural Electric Association. 2. Zoning/Building Code setbacks. A location/elevation certification survey will be required prior to concrete placement. This wet stamp certification from a registered design professional must be available at rough inspections. 3. Trenches, footings, pads and caissons. To be made after trenches are excavated, forms erected, steel in place and prior to placement of concrete. The Town of Castle Rock, per direction of the Chief Building Official, shall perform all inspections required by this Code. In some cases, the Town of Castle Rock requires on-site observation and a stamped written report by a registered design professional when plans call for drilled piers ( caisson ) construction, or other specialty inspections as listed in the Code or by direction and prior to approval by the Chief Building Official. Observation of the preparation, reinforcement and placement shall be described in detail in the written report as prepared by a registered design professional and is not the responsibility of the Town of Castle Rock. 4. Third-party inspections. a. Foundation walls and/or grade beams steel reinforcement. To be made after all forms are erected, steel in place and prior to placement of concrete. The registered design professional of record with prior approval of the Chief Building Official may perform this inspection. b. Damp-proofing of footing and foundation and/or grade beams of basement walls. To be made prior to backfihling. The registered design professional of record with prior approval of the Chief Building Official may perform this inspection. c. Electrical Within the building, inspection to be made prior to backfilling and/or pouring concrete floor. This inspection may be made by the Chief Building Official s qualified designee. d. Water service line. Inspection is to be made prior to backfilling. Test and inspections shall be in accordance with the International Plumbing Code Section Water lines must 15-54

55 be inspected by the Town of Castle Rock or, with prior approval, third-party inspections on forms approved by Development Services. 5. Inspections in geologic hazard areas. At the completion of rough grading and/or foundation excavation, and prior to the construction of retaining walls, footings or bearing caissons, a soil engineer and/or an engineering geologist, within their respective fields of competency, shall inspect the site at the applicants expense and render opinions, in writing, to the Chief Building Official concerning the soil and geologic conditions actually encountered and that all known geologic hazards or constraints have been taken into account in the design of the facility. 6. Re-inspection. A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. a. This subsection is not to be interpreted as requiring re-inspection fees the first time ajob is rejected for failure to comply with the requirements of this Code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection. b. Re-inspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, for obvious lack of walking the job by the superintendent, or for deviating from plans requiring the approval of the Chief Building Official. c. To obtain a re-inspection, the applicant shall pay the inspection fee in person that is set forth and published in the Development Services Fee Schedule. d. In instances where re-inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. A receipt of payment must be posted or available before receiving additional inspections. (Ord , 2012) Certificate of occupancy. A. Use and occupancy. No building or structure shall be used or occupied, and no permitted change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Chief Building Official has issued a certificate of occupancy therefor as provided herein. B. Temporary certificate of occupancy. 1. Temporary occupancy. The Chief Building Official is hereby authorized and may elect to issue a temporary certificate of occupancy (ITCO) before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely and there will be no danger to the public. The Chief Building Official shall set a time period during which the temporary certificate of occupancy is valid. The full certificate of occupancy must be obtained prior to the expiration of the temporary certificate of occupancy. If the conditions of the TCO are not met and a CO obtained, the right to occupy immediately ceases and the premises must be vacated

56 2. Certificate of compliance. A certificate stating that materials and products meet specified standards or that work was done in compliance with approved construction documents. This certificate will be issued in lieu of certificates of occupancy when such work permitted is not designed for occupancy. (Ord , 2012) Board of Building Appeals. A. Authority. In order to hear and decide appeals of orders, decisions or determinations made by the Chief Building Official relative to the application and interpretation of the Town-adopted building codes and regulations, as well as the Towns contractor registration ordinances, there shall be and is hereby created a Board of Building Appeals (Board), also referred to as the Advisory Board in Paragraph B.5. The Chief Building Official shall be an ex officio member of and shall act as secretary to said Board but shall have no vote on any matter before the Board. The Board shall be appointed by the Town Council and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the applicant with a duplicate copy to the Chief Building Official. B. Membership. The Board shall consist of five qualified electors of the Town, who shall be appointed by the Town Council. To the extent practicable, four members shall be persons qualified by experience and training to pass on matters pertaining to building construction. C. Appointments and terms of office. Of those initially appointed, two shall be for a term of three years, two shall be for a term of two years, and one shall be for a term of one year. Thereafter, appointments shall be for a three-year term. Any member of the Board may be removed with or without cause by a majority vote of the Town Council. Any vacancy occurring on the Board shall be filled for the unexpired term by the Town Council. D. Attendance. To ensure the ordetly conduct of business, member attendance is vital. Except for emergency absences, medical condition absences and absences resulting from military leave of less than two continuous months, no Board member shall miss more than three meetings in any twelve-month period. Upon any fourth absence within 12 months, other than for an emergency, medical condition or military leave of less than two months, as determined by the chair, the Board member shall be deemed to have resigned from the Board, and the Town Council shall appoint a replacement. Nothing herein prohibits the Town Council from reappointing the resigning member under this Paragraph. E. Quorum and voting. Quorum shall consist of three members, and a decision of a majority of the members of the Board shall control. Any absent member may join in a decision of the Board after he or she has considered the evidence presented in any hearings conducted during his or her absence. All decisions are final, subject only to appeal to a court of competent jurisdiction. F. Officers. The Board shall annually elect a chair from its number who shall preside over all hearings and proceedings of the Board. A vice-chair elected annually by the Board shall assume the chair s duties in the chair s absence. G. Meetings. The Board shall hold meetings at regularly scheduled intervals, but shall meet at a minimum four times a year. Minutes shall be kept of all Board proceedings

57 H. Limitations of authority. The Board shall have no authority relative to interpretation of the administrative provisions of the Code, as adopted by the Town, nor shall the Board be empowered to waive requirements of the Code as adopted by the Town. (Ord , 2012) Defined terms Enforcement responsibility Intent of Technical Manuals Construction details Technical criteria variance process Defined terms. Article III Town of Castle Rock Technical Manuals Chapter Technical Manuals General For the purpose of this Chapter 15.32, certain words or phrases are defined below. Certain other terms are defined within the other Chapters of this Title. When not inconsistent with the content, words used in the present tense include the future, words in the singular number include the plural number, words in the plural number include the singular number, and the masculine includes the feminine. Applicant means the person, firm, representative or organization making application to the Town under this CRMC. Construction documents means the construction plans, reports, cost estimates and technical specifications prepared by a Colorado registered Professional Engineer for the construction of a site or of a development. Construction permit means the application thereof with subsequent issuance by the Town of a permit to construct public or private improvements for the project or within the right-of-way. Consultant engineer means the professional engineer appointed by the developer for the creation and submission of development and or infrastructure construction documents to the Town for approval. Contractor means the person, firm or organization to whom a construction contract is awarded by the developer or who has been issued a construction permit by the Town. Agents, employees, workers or designers employed by the contractor are also bound by the terms of the contract or permit. Developer means the party or parties securing all required approvals and permits from the Town and assuming full and complete responsibility for the project, including the construction of any public and private improvements required in connection with the project

58 Field change order means a written document showing the scope and details of any change desired from the approved construction documents after the plans have been approved by and filed with the Town. The developer must execute the written document by submitting to and receiving approval from the Town before it becomes a valid change in the approved Construction Documents. Final public improvement acceptance means the written notification from the Town that the Developer has fulfilled its obligations to warrant construction of the public improvements in compliance with these Regulations. Franchise agreement means an agreement between the Town and certain private utility companies specifying terms and conditions for use of the Towns public rights-of-way or other public-owned lands Improvement agreement means the subdivision improvements agreement (SIA) or public improvements agreement (PIA), both of which are written documents of terms and conditions related to a development of a specific project within the Towns jurisdiction. Such agreements are made between the Town and the developer to outline responsibilities and duties of each party. Improvements means the Public Improvements and the Private Improvements as authorized under a Construction permit or shown on the Construction Documents. Inspector means an authorized representative of the Town of Castle Rock assigned to provide oversight and observations for the construction of public or private improvements projects in order to verify and enforce compliance with these regulations, approved plans and other related Town codes. Opinion of cost means unit costs (based on those costs approved by the Town) assigned to labor, materials and related quantities. The opinion of cost shall be broken down by phase (when applicable) for each project and shall be submitted by the Consultant Engineer at the time of first Construction Document review by the Town. Private improvements means those improvements not identified as public improvements, which may be installed on private property, within the Town right-of-way or other Town-owned lands and requiring a construction permit. Project means the public or private improvements as designated in the approved Construction Documents to be constructed in conformance with these regulations. The Project is inclusive of any and all public or private improvement projects for or within the Town, whether development projects, private utility projects or capital improvement projects. Public improvements means the water, wastewater, storm water drainage, transportation, park and recreation facilities, and public area landscaping and any other infrastructure systems and facilities, whether on- or off-site, required to accommodate the proposed development, and which upon their completion by the developer, are to be dedicated to the Town for operation and maintenance. Public improvements conveyance and initial acceptance means the document by which the Town initially accepts for ownership and maintenance of the public improvements identified in the approved plans and improvement agreement for a specific project

59 Record drawings means the original design construction plans with information depicting the final disposition of constructed and installed Improvements. Regional significance means those elements of the planned infrastructure that may be necessary to provide functional phases of services. Examples would be the backbone system infrastructure that provides main trunk lines for storm water facilities to complete an outfall and provide a connection point for upstream users if so designed, storm water detention facilities which may be required to complete the system as designed, improvements to natural stream corridors that a functional development phase would require for storm water conveyance, main sewer trunk lines, main water distribution lines requiring looping to maintain adequate pressure flow as designed, streets classified as collectors or larger, that may be necessary to provide functional service levels for phased development within that region. Regulations means the CRMC, and Technical Manuals inclusive of all secondary/supplemental codes and any subsequent amendments thereof Right-of-way (ROW or public right-of-way) mean a public street, way, alley, sidewalk, easement, park, square, plaza, tract and Town-owned lands or any other public property owned and controlled by the Town or dedicated to public use. Stop work order (SWO) means a written instruction/notice from the Town revoking the developer s permit and subsequent rights to continue work on the project due to nonconformance with these Regulations Substantially completed means major completion of all work for the project prior to certain inspections or the creation of punch lists; includes having public infrastructure operational, such as sanitary sewer, water, paved streets, street lights and signage. Surely means a financial instrument, as approved by the Town, securing the developer s responsibility to complete construction of public or private improvements within an approved project. Surety shall also mean a financial instrument securing the developer s obligations throughout the warranty period. Technical Manuals means the Town of Castle Rock Transportation Design Criteria Manual; Water System Design Criteria Manual; Wastewater Collection System Design Criteria Manual; Storm Drainage Design and Technical Criteria Manual; Grading, Erosion and Sediment Control (GESC & DESC) Manual; Landscaping and Irrigation Performance Standards and Criteria Manual; Construction Methodology and Materials Manual. Warranty period means the period of time that the developer is responsible for material and workmanship defects to the public improvements until receipt of final acceptance of the Public improvements Work means all construction activity including materials, labor, supervision and use of tools and equipment necessary to complete the project in full compliance with these regulations, approved plans or improvement agreements. (Ord ,2012)

60 Enforcement responsibility. A. It shall be the duty of the Manager to enforce the regulations, policies and procedures set forth in the Technical Manuals and this Title. B. The rights granted under this Title are subject to the police powers of the Town, which include the power to adopt and enforce Ordinances, including amendments to these Regulations necessary to the safety, health, and welfare of the public. The Developer shall comply with all applicable laws and ordinances enacted, or hereafter enacted, by the Town or any other legally-constituted governmental unit having lawful jurisdiction over the subject matter herein. (Ord ,2012) Intent of Technical Manuals. A. The Technical Manuals, as defined in , shall govern over all Public and Private Improvements that are within, or are to be incorporated in, the corporate limits of the Town of Castle Rock. These Regulations are intended to apply to any and all Public and Private Improvements that may be outside of the Town s corporate limits but are integral to the planned infrastructure systems of the Town. These Regulations shall also define standardized requirements for the benefit of all parties in order to develop and construct safe, efficient and easily maintained infrastructure systems. It is the objective of the Regulations to address the following: 1. To ensure that public safety is maintained at all times and that public inconvenience is minimized to the extent possible; 2. To protect the Town s infrastructure investment by establishing standardized design, materials, construction and repair criteria for all Public Improvements; 3. To assure that the Town can continue to fairly and responsibly protect the public s health, safety and welfare; B. All Public Improvements designed and constructed pursuant the Technical Manuals and this Title shall also be in conformance with the most recent version of the Town s Master Plans and the Comprehensive Master Plan. C. Unless a variance is expressly approved by the Town, the Regulations shall apply and be enforceable despite the inadvertent approval of Construction Documents that are not in conformance with the Regulations. (Ord , 2012) Construction details. The Town maintains standard construction details that shall be used in the design and construction of transportation, pedestrian, utility and stormwater facilities or infrastructure. Details are also maintained for landscaping and irrigation constrllction. The applicable construction details shall be used in the Construction Document submittals for a specific project. The Manager shall be responsible for maintaining and updating the construction details on the Town s website. (Ord ,2012) 5-60

61 Technical criteria variance process. A. A technical criteria variance is a variance from any one of the provisions of the Technical Manuals. A variance to any provision in the Technical Manuals can be approved either administratively, by Town Council following applicant appeal of an administrative decision, or processed concurrently with a PD Plan or Site Development Plan (see Section ). Variance from the provisions of the Technical Manuals are considered on a case-by-case basis for specific applications only, and shall not establish a precedent for any other project or future development. B. The applicant for a variance may appeal the decision of the Manager regarding a technical criteria variance to the Town Council in accordance with C. The Manager, or the Town Council on an appeal, may approve a variance if one or more of the following review criteria are met: 1. The standards may be met by an alternative method that is demonstrated to have an equivalent or better function and meet the same objective. 2. Physical constraints exist, such as steep topography, existing infrastructure or other natural hazards, which limit the ability to install the improvements, would limit healthy plant growth, or could cause safety concerns. 3. Site conditions, including geology, topography, indigenous soils, or issues related to environmental impacts or wildlife habitat may be better addressed through the alternative proposal. (Ord , 2012) Adoption Applicability Amendments (Reserved) Violation; penalty Adoption. Chapter Grading, Erosion and Sediment Control (GESC) Manual The Town adopts by reference the following code: the 20]] Grading, Erosion and Sediment Control (GESC) Manual and Drainage, Erosion and Sediment Control (DESC) Manual, published March 2011 by the Town of Castle Rock, 100 Wilcox Street, Castle Rock, Colorado 80104, and all secondary codes referenced therein (collectively, GESC Manual ). Three copies of the GESC Manual shall be maintained on file in the office of the Town Clerk and may be inspected during regular business hours, the same being adopted as if set out at length herein. (Ord , 2012) Applicability. A. The provisions of the GESC Manual shall apply to all land within the incorporated areas of the Town of Castle Rock or served by the Town, including public lands. These criteria shall apply to all 15-61

62 systems and facilities constructed in or on the Town right-of-way, easements dedicated for utilities across public or private property, easements for public use, and to all privately owned and maintained system facilities. B. Where, in any specific case, there is a conflict between different sections of the GESC Manual or between the GESC Manual and any secondary code referenced therein or other Town regulation, the most restrictive provision shall apply. (Ord , 2012) Amendments (Reserved) Violation; penalty. A. Any person who violates any of the provisions of this Chapter shall be punished by a fine of not more than $1, or by imprisonment not to exceed one year, or by both such fine and imprisonment. B. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by such person. (Ord , 2012) Adoption Applicability Amendments (Reserved) Violation; penalty Adoption. Chapter Storm Drainage Design and Technical Criteria Manual The Town adopts by reference the following code: the Town of Castle Rock Storm Drainage Design and Technical Criteria Manual, published October 2012 by the Town of Castle Rock, 100 Wilcox Street, Castle Rock, Colorado 80104, and all secondary codes referenced therein. Three copies of the Storm Drainage Design and Technical Criteria Manual shall be maintained on file in the office of the Town Clerk and may be inspected during regular business hours, the same being adopted as if set out at length herein. (Ord , 2012; Ord , 2012) Applicability. A. The provisions of the Storm Drainage Design and Technical Criteria Manual shall apply to all land within the incorporated areas of the Town of Castle Rock or served by the Town, including public lands. These criteria shall apply to all systems and facilities constructed in or on the Town right-of-way, easements dedicated for utilities across public or private property, easements for public use, and to all privately owned and maintained system facilities

63 B. Where, in any specific case, there is a conflict between different sections of the Storm Drainage Design and Technical Criteria Manual or between the Storm Drainage Design and Technical Criteria Manual and any secondary code referenced therein or other Town regulation, the most restrictive provision shall apply ,2012; Ord ,2012) (Ord Amendments (Reserved) Violation; penalty. A. Any person who violates any of the provisions of this Chapter shall be punished by a fine of not more than $1, or by imprisonment not to exceed one year, or by both such fine and imprisonment. B. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by such person. (Ord ,2012; Ord ,2012) Adoption Applicability Amendments (Reserved) Violation; penalty Adoption. Chapter Water System Design Criteria Manual The Town adopts by reference the following code: the Water System Design Criteria Manual, published September 2012 by the Town of Castle Rock, Colorado, 100 Wilcox Street, Castle Rock, Colorado 80104, and all secondary codes referenced therein. Three copies of the Water System Design Criteria Manual shall be maintained on file in the office of the Town Clerk and may be inspected during regular business hours, the same being adopted as if set out at length herein. (Ord ,2012) Applicability. A. The provisions of the Water System Design Criteria Manual shall apply to all land within the incorporated area of the Town of Castle Rock, or served by the Town, including any public lands. This manual shall apply to all systems and facilities constructed in or on Town Rights-of-Way, easements dedicated for utilities across public or private property, easements for public use, and to all privately owned and maintained system facilities. B. Where, in any specific case, there is a conflict between any section of the Water System Design Criteria Manual or between the Water System Design Criteria Manual and any secondary 15-63

64 code referenced therein or other Town regulation, the most restrictive provision shall apply ,2012) (Ord Amendments (Reserved) Violation; penalty. A. Any person who violates any of the provisions of this Chapter shall be punished by a fine of not more than $1, or by imprisonment not to exceed one year, or by both such fine and impriment. B. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by such person. (Ord , 2012) Adoption Applicability Amendments (Reserved) Violation; penalty Adoption. Chapter Wastewater Collection System Design Criteria Manual The Town adopts by reference the following code: the Wastewater Collection System Design Criteria Manual published September 2012 by the Town of Castle Rock, Colorado, 100 Wilcox Street, Castle Rock, Colorado 80104, and all secondary codes referenced therein. Three copies of the Wastewater System Design Criteria Manual shall be maintained on file in the office of the Town Clerk and may be inspected during regular business hours, the same being adopted as if set out at length herein. (Ord , 2012) Applicability. A. The provisions of the Wastewater Collection System Design Criteria Manual shall apply to all land within the incorporated areas of the Town of Castle Rock, or served by the Town, including public lands. The manual shall apply to all systems and facilities constructed in or on the Town rightof-way, easements dedicated for utilities across public or private property, easements for public use, and to all privately owned and maintained system facilities. B. Where, in any specific case, there is a conflict between any section of the Wastewater Collection System Design Criteria Manual or between the Wastewater Collection Design Criteria Manual and any secondary code referenced therein or other Town regulation, the most restrictive provision shall apply. (Ord , 2012) 15-64

65 Amendments (Reserved) Violation; penalty. A. Any person who violates any of the provisions of this Chapter shall be punished by a fine of not more than $1, or by imprisonment not to exceed one year, or by both such fine and imprisonment. B. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by such person. (Ord , 2012) Adoption Applicability Amendments (Reserved) Violation; penalty Adoption. Chapter Transportation Design Criteria Manual The Town adopts by reference the following code: the Transportation Design Criteria Manual, published September 2012 by the Town of Castle Rock, Colorado, 100 Wilcox Street, Castle Rock, Colorado 80104, and all secondary codes referenced therein. Three copies of the Transportation Design Criteria Manual shall be maintained on file in the office of the Town Clerk and may be inspected during regular business hours, the same being adopted as if set out at length herein. (Ord ,2012) Applicability. A. The provisions of the Transportation Design Criteria Manual shall apply to all land within the incorporated areas of the Town of Castle Rock, or served by the Town, including public lands. The manual shall apply to all systems and facilities constructed in or on the Town right-of-way, easements dedicated for utilities across public or private property, easements for public use, and to all privately owned and maintained system facilities. B. Where, in any specific case there is a conflict between any section of the Transportation Design Criteria Manual or between the Transportation Design Criteria Manual and any secondary code referenced therein or other Town regulation, the most restrictive provision shall apply. (Ord ,2012) 15-65

66 Amendments (Reserved) Violation; penalty. A. Any person who violates any of the provisions of this Chapter shall be punished by a fine of not more than $1, or by imprisonment not to exceed one year, or by both such fine and imprisonment. B. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by such person. (Ord , 2012) Adoption Applicability Amendments (Reserved) Violation; penalty Adoption. Chapter Construction Methodology and Materials The Town adopts by reference the following code: the Construction Methodology and Materials Manual, published September 2012 by the Town of Castle Rock, Colorado, 100 Wilcox Street, Castle Rock, Colorado Three copies of the Construction Methodology and Materials Manual shall be maintained on file in the office of the Town Clerk and may be inspected during normal business hours, the same being adopted as if set out at length herein. (Ord , 2012) Applicability. A. The provisions of the Construction Methodology and Materials Manual shall apply to all land within the incorporated areas of the Town of Castle Rock, or served by the Town, including public lands. The manual shall apply to all systems and facilities constructed in or on the Town right-ofway, easements dedicated for utilities across public or private property, easements for public use, and to all privately owned and maintained system facilities. B. Where, in any specific case there is a conflict between any section of the Construction Methodology and Materials Manual or between the Construction Methodology and Materials Manual and any secondary code referenced therein or other Town regulation, the most restrictive provision shall apply. (Ord , 2012) 15-66

67 Amendments (Reserved) Violation; penalty. A. Any person who violates any of the provisions of this Chapter shall be punished by a fine of not more than $1, or by imprisonment not to exceed one year, or by both such fine and imprisonment. B. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by such person. (Ord , 2012) Intent and purpose Administrative authority Applicability Intent and purpose. Chapter Development Procedures Manual The Development Procedures Manual prescribes the submittal, review, permitting and inspection process in a comprehensive manner by outlining the steps and processes to be followed for each stage of the development, construction and land use process. (Ord ,2012) Administrative authority. The Manager is authorized to adopt, amend, implement and enforce the Development Procedures Manual and related submittal checklists, applications, permits, and handouts for the effective administration of development and construction matters. (Ord , 2012) Applicability. The procedures set forth in the Development Procedures Manual shall apply to all development activities within the incorporated areas of the Town of Castle Rock, or served by the Town, including public lands. Including, but not limited to annexation, zoning, platting and construction. (Ord , 2012) 15-67

68 Chapter Landscaping and Irrigation Performance Standards and Criteria Manual Adoption Applicability Amendments (Reserved) Violation; penalty Adoption. The Town adopts by reference the following code: the Landscaping and Irrigation Performance Standards and Criteria Manual, published September 2012 by the Town of Castle Rock, Colorado, 100 Wilcox Street, Castle Rock, Colorado and all secondary codes referenced therein (Landscape Manual ). Three copies of the Landscape Manual shall be maintained on file in the office of the Town Clerk and may be inspected during normal business hours, the same being adopted as if set out at length herein. (Ord , 2012) Applicability. A. The provisions of the Landscape Manual shall apply to all land within the incorporated areas of the Town of Castle rock, or served by the Town, including public lands. The Landscape Manual shall apply to all systems and facilities constructed in or on the Town right-of-way, easements dedicated for utilities across public or private property, easements for public use, and to all privately owned and maintained system facilities. B. Where, in any specific case, there is a conflict between any section of the Landscape Manual or between the Landscape Manual and any secondary code referenced therein or other Town regulation, the most restrictive provision shall apply. (Ord , 2012) Amendments (Reserved) Violation; penalty. A. Any person who violates any of the provisions of this Chapter shall be punished by a fine of not more than $1, or by imprisonment not to exceed one year, or by both such fine and imprisonment. B. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by such person. (Ord ,2012)

69 Article IV Public Improvements Chapter Public Improvements Required Completion of Public/Private Improvements Construction Documents and permits Improvements agreement Regional facilities Restriction on development approvals Private improvements Completion of Public/Private Improvements. The Developer is required to construct Public and Private Improvements necessary to serve the development. Although the Developer is required to furnish financial guarantees to secure such construction, the Town does not warrant that the required Public or Private Improvements will be completed, in the event of the Developer s default. The Town, in its discretion, will determine which, if any, Public Improvements are to be completed, considering the availability of funds from the financial guarantees, the status of completion and the need to mitigate public health and safety hazards. These Regulations do not require the posting of financial guarantee to secure construction of nonmunicipal facilities, such as those constructed by electrical, natural gas and telephone utilities. (Ord ,2012) Construction Documents and permits. Construction of Public Improvements shall not commence until the appropriate Construction Document approvals and Construction Permits have been obtained from the Development Services Department in accordance with the requirements of Chapters and (Ord , 2012) Improvements agreement. A. As a condition to Plat or Construction Document approval, the Developer may be required to enter into an improvement agreement with the Town. The agreement shall identify the Public Improvements (including regional facilities as defined in Section ) required to be constructed to support the provision of municipal and public utility services to the development, and shall provide assurances that the necessary Public or Private Improvements will be constructed to established standards in a timely manner. With its approval of a Plat or Construction Documents, the Manager may waive the Public Improvements security required by Chapter if it determines that only minimal Public Improvements are required. All mortgagees shall be required to subordinate their lien and interest in the property to the real covenants and restrictions of the agreement. B. The Improvements Agreement shall require the Developer to submit financial security for the applicable Public Improvements in accordance with the provisions of Chapter The security must be provided to the Town prior to and as a condition to Construction Permit issuance. (Ord ,2012) 15-69

70 Regional facilities. In the event the subdivision or Project will impact or utilize Public Improvements which benefit other developed or developing areas ( Regional Facilities ), the improvement agreement shall provide that: A. In the event the applicable Regional Facilities are constructed at the time of approval of the improvement agreement, or the Town has received a commitment from a third party securing construction of such facilities, the Developer may be required to pay a pro rata portion of the cost of the Regional Facilities; or B. In all other instances, the cost of the Regional Facilities is initially borne by the Developer, preserving the Developer s right to recoupment in accordance with applicable Town ordinances and applicable recoupment agreements. The Developer s obligation to construct or participate in the cost of development of Regional Facilities must be secured as provided in Chapter 15.58, or as otherwise provided in a regional facilities development agreement approved by the Town. (Ord , 2012) Restriction on development approvals. Unless otherwise stated in the improvement agreement with the Developer: A. The Town shall not be obligated to issue any residential building permit for private improvements within the subdivision until all Public Improvements are substantially completed. B. No certificate of occupancy for any residential structure shall be issued until all required Public Improvements have been completed, and formally accepted for initial public conveyance and acceptance by the Town, subject to the warranty obligations of the Developer. C. No certificate of occupancy for any non-residential structure shall be issued until the Public Improvements are substantially complete and operational. (Ord , 2012) Private improvements. In the event that the subdivision, development or associated Site Development Plan, is proposed to contain property or facilities to be held in common ownership for private use and maintenance, and where the Town has determined that a significant public interest in the facility s construction exists, the Town may exercise its option to review the private facility construction plans, inspect construction activities and require improvement guarantees as part of the required improvement agreement. Where deemed appropriate, the Town may require that the private facility conform to the specifications for the corresponding public facility as outlined in the Technical Manuals. Such private facilities may include landscape areas and associated irrigation systems, recreational facilities, access drives, roadways, stormwater detention, water quality facilities and other types of common-use improvements. (Ord , 2012) 15-70

71 Chapter Construction Document Review and Approval Purpose and applicability Form of application and filing fees Preapplication conference Complete application Review process Review and approval criteria Construction Document approval, expiration and extension approval Modification to approved Construction Documents Purpose and applicability. A. The Construction Documents are the detailed final engineering plans, reports, and opinions of costs that are necessary to describe the public and private improvements to serve a development. These are also the documents that the contractor uses to construct the necessary infrastructure for a development. Construction Documents shall be prepared in accordance with all Town design criteria, conform with the Technical Manuals, and any other applicable Town, state or federal regulations. The approved Construction Documents will serve as the final approved documents for the on-site or off-site improvements, until the project is completed and Record Drawings are submitted to the Town. B. Construction Documents shall be submitted with a Plat application, if the creation of the new lots require the installation or modification of public infrastructure. Construction Document may also be submitted if the Developer is proposing development which requires the installation or modification of public infrastructure. A developer of a site is eligible to apply for a Construction Document review if the site has an approved Site Development Plan; an active Site Development Plan under review; is submitting a Site Development Plan concurrently with their Construction Document Review; or the project only contains public infrastructure within the Town right of way or easements. The Construction Documents shall conform with the general elements and intent of the approved Site Development Plan or previous plan approval equivalent to a Site Development Plan. (Ord , 2012) Form of application and filing fees. The form of application for Construction Document review is prescribed in the Development Procedures Manual. Such applications shall be accompanied by all required fees in accordance with the Development Services Fee schedule (see ). Application fees are non-refundable, unless otherwise expressly stated. (Ord , 2012) Preapplication conference. Prior to the submission of any Construction Document review application, the applicant may be requested to attend one or more preapplication conferences with the Town staff in order to become familiar with the Town s technical design criteria and, in particular, the detailed submittal requirements applicable to the Construction Document review. At the time of the preapplication 15-71

72 conference, the applicant will be provided with an estimate of the time period for Construction Document review and action on the application. (Ord , 2012) Complete application. An application will be considered complete if submitted in the required form, includes all mandatory information, and is accompanied by the applicable fee as prescribed in the Development Procedures Manual. A determination of application completeness shall be made by the Director. If an application is determined to be incomplete, the Director shall provide written notice to the applicant describing the application s deficiencies. (Ord , 2012) Review process. A. Upon determination that the Construction Documents are a complete submittal, they shall be reviewed by appropriate Town staff and other referral agencies. All Construction Documents submitted to the Town shall be prepared by a licensed Professional Engineer in the State of Colorado. Based upon the comments provided to the applicant following such review, revised Construction Documents shall be submitted in accordance with the format prescribed in the Development Procedures Manual, if needed. B. The revised Construction Documents shall be approved, approved with conditions or denied in accordance with the criteria set forth in Section (Ord , 2012) Review and approval criteria. Construction Documents must adequately address the following criteria in a manner consistent with the general public interest, health, safety and welfare: A. The Construction Documents are consistent with the general elements and intent of the approved PD Plan or the approved Site Development Plan (or previous plan approval equivalent to a PD Plan or Site Development Plan). B. All final engineering reports, studies and plans meet the minimum design criteria as set forth in the Technical Manuals, or if applicable, have obtained a Technical Criteria Variance. C. The Construction Documents are consistent with the general design principles for land development (See Chapter 17.10, CRMC). (Ord , 2012) Construction Document approval, expiration and extension approval. A. Construction Documents that are ready for Town approval shall bear the signed and dated seal of the Consultant Engineer, who shall be a licensed Professional Engineer in the State of Colorado. Construction Documents shall be considered finally approved on the date as signed by the Town. Construction Documents shall expire one year from the date of approval unless: 1. A construction permit or other required permit for the work included in the Construction Documents has been issued by the Town; or 15-72

73 2. A Construction Document extension request is submitted prior to the expiration date as specified and approved by the Town. B. Not more than two one-year extensions for Construction Document approval may be granted administratively. Absent special circumstances, extensions will be granted with no additional review of the Construction Documents. However, if it is found that any federal, state or county requirements related to health, safety and welfare in effect at the time of application for a Construction Document extension as well as Town provisions related to lot-to-lot drainage and water meter locations have not been incorporated into the plans, the applicant will be required to submit modified plans that incorporate such changes as a condition of obtaining a Construction Document extension. A request for administrative extension of the Construction Document shall be submitted in writing to the Development Services Department no less than 30 days prior to the expiration of the Construction Documents. In no event shall the plans expire before the Town acts on the extension application. C. Applications for an extension shall be accompanied by the applicable fees required in accordance with the Development Services Fee schedule. D. In the event the Construction Documents expire before an application is submitted, the Construction Documents must be modified to conform to the current version of the Towns regulations, resubmitted to the Town and reviewed in accordance with the current Town process. including payment of all review fees at the current rates. Upon approval, the resubmitted Construction Documents shall be considered a new set of Construction Documents and subject to the expiration requirements and extension opportunities outlined in this Section. (Ord ,2012) Modifications to approved Construction Documents. If changes to the approved Construction Documents are proposed prior to issuance of a Construction Permit and prior to the expiration date of the Construction Documents, then the applicant shall submit a Field Change Order and all required information for Town approval as prescribed in the Development Procedures Manual. An approved Field Change Order is needed prior to construction of the proposed modification. (Ord , 2012) 15-73

74 Chapter Construction Permitting and Inspection of Public Improvements Purpose and applicability Permits, general Application and filing fees Permit approval; preconstruction meeting Inspection, testing and corrections to work Work schedules Stop Work Order Developers with Franchise Agreements Construction Permit approval, expiration and extension approval Purpose and applicability. A Construction Permit is required prior to any and all development within the corporate limits of the Town. A project is eligible for a Construction Permit if they have approved Construction Documents in place that have not yet expired. It shall be the responsibility of the Developer, before securing said Construction Permits, to determine any and all physical conditions or functional requirements of the Project that may result in a need to modify or add to the approved Plans. (Ord ,2012) Permits, general. A. The Developer shall be responsible to procure all municipal, state or federal permits, licenses, etc., necessary for the execution of the Work and shall be responsible to abide by any state or federal regulations or laws, which are not otherwise specifically designated on the Plans or mentioned in these Regulations. B. The Developer shall furnish all Site surveys, easements, permits, etc., necessary to support construction of any Public or Private Improvements related to the approved Project. The Developer shall also be responsible for necessary survey work to establish property limits in cases of conflict with any facility installation or in case of property line disputes. C. The Developer shall secure all easements or special permits that are required by any Municipal, State or Federal law, Rule or Regulation to be issued in the name of the Town. D. The Developer shall give all notices, pay all fees, and comply with all Federal, State and Municipal laws, ordinances, rules and regulations, and building and construction codes necessary for the execution of the Work. E. The Developer shall be responsible for securing all utility locates within the limits of the Project. (Ord , 2012) Application and filing fees. A Construction Permit application shall be submitted in the required form, signed by the applicant, and shall include all mandatory information as prescribed in the Development Procedures Manual

75 Construction Permits shall be accompanied by all necessary Inspection Fees, required in accordance with the Development Services Fee schedule; Use Tax as required in Chapter 3.04, CRMC and applicable Sureties as required in Section (Ord , 2012) Permit approval; preconstruction meeting. After receipt of a complete Construction Permit application and all applicable fees, the application shall be reviewed by appropriate Town staff and issued to the Town Inspector along with any required conditions to the Construction Permit. Detailed pre-construction meeting information is located in the Development Procedures Manual. A. The Inspector will notify the Developer and arrange for a pre-construction meeting to review the conditions of the permit, operating hours, start work date, general work requirements and the inspection process. The pre-construction meeting is required prior to the beginning of development construction. The Inspector will provide the approved Construction Permit to the Developer, or his or her Contractor, at the pre-construction meeting. B. The Construction Permit is valid for one year from date of Town approval, unless it is extended in accordance with , CRMC. C. Developer and Contractor agree to indemnify and hold the Town harmless from all claims resulting from the Developers or Contractor s actions or negligence, and other actions, demands, costs, expenses, damages and liability, arising from or related to Developer or Contractor s making of a street cut, excavation or lane closure in a public right-of-way or on private land, or the installation or maintenance of the facilities or equipment in such street cut, excavation or lane closure. In the event the Developer is a public entity, the indemnification requirements of this section shall be subject to the provisions of the Colorado Governmental Immunity Act. D. The Town or its employees shall assume no responsibilities or liabilities of any nature whatsoever to any contractor, subcontractor, labor force, the consultant engineer, Developer, equipment or material suppliers or any other parties pertinent to the Project. The Developer and Contractor shall hold harmless the Town for any accidents or legal suits arising from the Developer s or its contractor s actions related to the construction of the Project. E. Each Construction Permit obtained, along with associated documents, shall be maintained on the job site and available for inspection upon request by any officer or employee of the Town. F. The Developer shall be responsible for the performance of the Work identified in the approved Construction Permit, including any insurance and financial Surety as required, regardless of work being split out among sub-contractors. G. The Developer is responsible for protecting existing improvements, and those improvements that are being constructed, contacting adjacent property owners to inform them of the impending construction at least 24 hours prior to construction, and to provide alternative access points when the current access is blocked, in accordance with an approved Traffic Control Plan and Street/Lane Closure Application

76 H. The Developer shall coordinate construction with affected private utility companies and notify said utilities at least five working days prior to interruption of service or operation. Prior to construction, Developer shall be responsible to make special arrangements with private utilities for any relocation necessary within the approved Project and coordinate such relocation with adjacent property owners. The Developer shall be responsible to notify said utilities of any damage caused during construction. (Ord , 2012) Inspections, testing and corrections to work. Public and/or necessary private improvements are required to have inspections by the Town in order to assure that uniformity, proper construction techniques and acceptable materials are implemented during the construction process. A. Construction Work shall be in accordance with the Town approved Construction Documents and may only occur with the appropriate inspections and testing. The Developer shall contact the Inspector for all required field inspections of Public and private Improvements, and submit any third party testing as may be required. Material testing shall be done in accordance with the Construction Methodology and Materials Manual. B. The Inspector shall have access to all work and materials for a Project at all times. The Developer shall provide proper facilities for such access and for inspection. The Inspector shall have the right to reject materials, workmanship or methods of construction not in compliance with these Regulations. Rejected workmanship or construction methods shall be satisfactorily corrected by the Developer, and rejected materials shall be removed from the premises. If the Developer does not correct or remove such rejected items within a reasonable time, the Town may either remove materials from the Project and charge this expense to the Developer or may issue a Stop Work Order, as specified in C. If Work has been completed without proper Inspections and approval by Town Inspector, the Developer shall supply all labor, equipment and materials to complete the required inspections, including removal of completed Work to allow for necessary inspection. If such Work is found to be defective in any material or workmanship respect, the Developer shall remedy the Work to be in compliance with the approved Construction Documents and Town Regulations. D. If the Town requires additional tests or data beyond that identified in these Regulations or on the approved Construction Documents, the costs of such tests shall be borne by the Town. Should such tests or additional data show a failure to meet these Regulations or the approved Construction Documents, the Developer shall be responsible for the cost of such testing and data along with all costs associated with repair or replacement of said failure. E. If the Inspector identifies any neglects or disregard of the approved Construction Documents or these Regulations, such neglect or disregard shall be immediately remedied and any defective Work shall be discontinued at once. F. If the Work being done by the Developer violates any Regulation set forth in this CRMC or the Technical Manuals, terms specified in the improvement agreement or the approved Construction Documents, the Inspector shall notify the Developer of the violation in writing. Upon receipt of such written notice, the Developer shall immediately cease the violation and perform necessary corrective 15-76

77 work. If Developer does not proceed with corrective work in the tirneframe specified by the inspector a Stop Work Order may be issued. G. The observation of the Work by the Inspector is intended to aid the Developer in applying labor, materials, and workmanship in compliance with the approved Construction Documents and these Regulations. Such inspection and observations, however, shall not relieve the Developer from any obligations related to the requirements of the approved Construction Documents or these Regulations. Responsibility for damage from or replacement of work not in compliance with the terms of the Improvement Agreement, approved Construction Documents or these Regulations, shall rest entirely with the Developer for the full period of construction or Warranty Period, regardless of whether or not the Developer had been previously advised of any said non-compliance. H. If changes to the approved Construction Plans are required during construction, a Field Change Order shall be submitted for Town Approval as prescribed in the Development Procedures Manual. An approved Field Change Order is needed prior to construction of the proposed modification. (Ord , 2012) Work schedules. A. Public Improvement and site Construction Work related to permitted Projects is allowed Monday through Friday, 7:00 am. to 6:00 p.m. and on Saturdays, 8:00 a.m. to 5:00 p.m., with specific approval by the Town, irrespective of Chapter 9.16, CRMC. Normal workday inspection hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, and shall be scheduled through the Inspector. All required inspections that are scheduled on Saturdays shall be billed at a rate of one and one-half (1/2) times the normal assigned rate for an Inspector. No work shall be permitted on Sundays or holidays without written approval from the Manager. B. Work or inspection requests beyond normal working hours or on holidays must be submitted to the Town a minimum five working days prior to the requested date. If an emergency situation occurs on a Project, the Public Works Department shall be notified immediately. The Developer may be required to pay for Town staff time for emergencies if they occur outside of normal work hours. (Ord ,2012) Stop Work Order. A. A Stop Work Order (SWO) may be issued by an Inspector or other designated Town Official to the Developer or Contractor for any of the following circumstances: 1. Failure to obtain a Construction Permit for Work. 2. Failure to obtain a GESC Permit for Work that causes disturbance and is regulated by the Town s GESC Manual. 3. Failure to remedy an approved Project which has settled, failed or which has not been repaired or constructed in conformance with these Regulations or approved Construction Documents

78 4. The Project has been deemed to be an obvious public health or safety problem (i.e., but not limited to deficient traffic control, unsafe trenching operations, dangerous obstructions in the Public Right-of-Way, improper use of equipment, use of alcohol or drugs). B. Upon issuance of a SWO, the Developer shall, except for emergency repairs by same, immediately discontinue Work until such time as: 1. Proper Permits have been issued; 2. Mitigation of health or safety issues have been properly addressed and identified in a written Agreement between the Inspector and the Developer; 3. Mitigation of non-conformance items have been properly addressed and identified in a written Agreement between the Inspector and the Developer. C. If the Developer, or any assigned agent of the Developer, does not immediately discontinue Work upon issuance of an SWO, the Developer shall be subject to fines up to $1, and imprisonment up to one year. D. Additionally, until the appropriate aforementioned items have been addressed, the Town will not issue any additional Permits to the Developer for other Projects requiring a Construction Permit, as defined in these Regulations. E. In cases where the Town deems it necessary to affect a remedy or repair to mitigate any of the abovementioned circumstances (due to emergencies or untimely performance by the Developer), the Town shall bill the Developer for the following minimum charges: 1. Three-hundred-dollar administrative charge. 2. All labor costs (billed at Town rates or actual costs). 3. All material costs (billed at Town costs or actual costs). 4. All equipment cost (billed at Town costs or actual costs). Until such time as the Town receives full payment or other satisfactory financial arrangements have been made with the Developer, no subsequent Permits or additional Work will be allowed. (Ord ,2012) Developers with Franchise Agreements. For Developers having a Franchise Agreement with the Town, performance and warranty Surety, Plan Review, and Inspection may not be required as a condition of Construction Permit issuance. However, the following requirements shall apply: A. The application for a Construction Permit must be submitted at least five working days prior to the Work starting

79 B. Traffic Control Plans (TCP) shall be submitted with the application pursuant to the procedures set forth in the Development Procedures Manual. C. All Work within the Right-of-Way will require inspection by the Inspector. D. All Work shall be described on a plan and shall be drawn at a legible engineering scale. The minimum requirements to be annotated on this Plan submittal shall be as follows: 1. All affected platted Rights-of-Way with dimensions; 2. Existing facilities with dimensions (in close proximity to proposed improvements); 3. Easements with dimensions; 4. Location and description of Work with dimensions. (Ord ,2012) Construction Permit approval, expiration and extension approval. A. Construction permits shall expire one year from the date of permit approval. The date of approval shall be the date the Construction Permit application is signed by the Town. All work covered by the Construction Permit shall be completed one year from the date of permit approval. 1. The Construction Permit shall be void if work has not commenced within 180 days after approval of the permit. Once the permit is void, the Town will return the applicable performance surety to the applicant, along with all permit review and inspection fees and Use Taxes paid by the applicant, less a two-hundred-fifty-dollar administrative fee. 2. If work has commenced within 180 days after approval of the permit but cannot be completed within the one-year time frame, a construction permit extension request may be submitted to the Town prior to the expiration date of the permit in accordance with the Development Procedures Manual, for consideration by the Town. B. Not more than two one-year permit extensions may be granted administratively, subject to the following criteria: 1. The project site is in conformance with all grading and erosion control (GESC) requirements, traffic control requirements and plan requirements and construction notes; 2. The project site is in conformance with the Town Construction Methodology and Materials Manual; 3. The project site is in conformance with all improvement agreement provisions and no default thereunder has been declared by the Town; and 4. There are no health, safety or welfare issues related to the site impacting the general population or the immediate neighborhood. C. A Construction Permit extension application shall be submitted in the required form, signed by the applicant, and shall include all mandatory information as prescribed in the Development 15-79

80 Procedures Manual. A request for a Construction Permit extension shall be submitted to the Public Works Department no less than 30 days prior to the expiration of the construction permit. The request for a Construction Permit extension shall be accompanied by all necessary fees, in accordance with the Development Services Fee Schedule, and any performance Surety extensions if applicable. The permit shall not expire and work on the project may continue until the Town acts on the extension application. D. If the site is not in conformance with the above-listed criteria, the applicant may bring the site into conformance and reapply for a Construction Permit extension. However, the new application must be received at least 15 days prior to the expiration date of the existing Construction Permit. The Construction Permit shall not expire and work on the project may continue until the Town acts on the extension application. E. If, at the time of Construction Permit extension request, it is determined that any federal, state, county or Town requirements related to health, safety and welfare in effect at the time of application for a Construction Permit extension as well as Town provisions related to lot-to-lot drainage and/or water meter locations have not been incorporated into the Construction Documents, the applicant will be required to submit a Field Change Order to modify the Construction Documents that incorporate such changes as an additional condition of obtaining such Construction Permit extension. F. If the Construction Permit expires before an application is submitted, a new permit must be obtained from the Town, along with all applicable fees at the time of permit application. When approved, the new permit shall be subject to the expiration and extension requirements outlined in this Section. (Ord , 2012) Chapter Conveyance and Acceptance of Public Improvements Public Improvements conveyance and acceptance, general Public Improvements conveyance and initial acceptance Warranty period Final Public Improvements acceptance Public Improvements conveyance and acceptance, general. Ownership of the constructed Public Improvements remains with the Developer of the land until Initial Acceptance by the Town. The Developer shall be financially responsible to carry out all remedial Work necessary to receive the Initial and Final Acceptance by the Town of those Public or Private Improvements. (Ord , 2012) Public Improvements conveyance and initial acceptance. Developer shall obtain Public Improvements Conveyance and Initial Acceptance from the Town, in accordance with this Section, prior to entering the Warranty period. A. Developer shall request an inspection when it has Substantially Completed construction of all Public Improvements associated with the Project. Any improvements constructed which are 15-80

81 not in conformance with the approved Construction Documents, the Regulations and other related Town Codes will be identified in a written notification (initial punch list) to the Developer. The Town will not accept any Public Improvement related to the Project until such time as the Developer satisfactorily brings all non-conformance items into conformance with these Regulations, the approved Construction Documents and other related Town Codes. B. After the Developer has satisfactorily addressed all items not in conformance listed in the initial punch list, the Developer shall receive written notice from the Town requesting preparation of Project Record Drawings by the Consultant Engineer. C. Record drawings shall be submitted in accordance with the formatting and submittal requirements prescribed in the Development Procedures Manual and reviewed by the Inspector. Once Record Drawings are approved by the Town, the Developer shall be asked to execute the Town s Public Improvements Conveyance and Initial Acceptance document. Once executed, the Developer shall remit the document back to the Inspector, along with the required warranty instrument (as specified in Section ) and any remaining testing or certifications, as may be identified by the Inspector. D. The Town will sign the executed Public Improvements Conveyance and Initial Acceptance document and file with the Department of Public Works. The date that the Developer executes the Public Improvements Conveyance and Initial Acceptance document shall be the date that the Warranty Period begins. (Ord , 2012) Warranty period. The Warranty Period for all Public Improvements shall be two years, commencing on the date that the Public Improvements Conveyance and Initial Acceptance document is executed by the Developer. Upon issuance of the Construction Permit, the Developer expressly warrants and guarantees (the Warranty ): A. All Work shall be performed in strict compliance with these all regulations, codes and ordinance of the Town; and B. All defective or non-conforming Work (Defective Work) identified during the Warranty Period shall be repaired or replaced during the Warranty Period. Defective Work includes, but is not limited to: 1. Defects in workmanship or materials. 2. Settling of fill or other excavated areas. 3. Any unauthorized deviations from the approved Construction Documents or these Regulations. 4. Failure to barricade or provide necessary traffic control devices. 5. Failure to clean up after performance of the Work. 6. Any other violation of these Regulations or other related Town Codes

82 C. The Developer shall correct the Defective Work to the satisfaction of the Town within 24 hours if the Defective Work is determined by the Town to create an imminent danger to the public health, safety and welfare. Non-emergency correction shall be completed within 60 calendar days after notice by Town, unless otherwise approved by the Town. If the Developer fails to remedy required Work in a timely manner, then the Developer shall be in default of the Warranty Period and in default of any applicable Improvement Agreement and entitle the Town to call the Warranty Surety (see ) and/or enforce any contractual remedies under the Improvement Agreement. D. Work performed under Warranty need only be warranted until the end of the Warranty Period. E. In addition, if the Developer has not completed the correction of Defective Work within the time frame noted herein, the Town may invoice the Developer for all costs (billed at current Town rates) related to the Work, plus a three-hundred-dollar administrative fee. (Ord , 2012) Final Public Improvements acceptance. A. When the Developer has completed the Warranty Period and any required Warranty remedy work to the satisfaction of the Town, the Project is eligible to receive Final acceptance in writing for the Public Improvements from the Town. B. Acceptance by the Town will be final. This Final Public Improvements Acceptance represents the completion of the Developer s maintenance responsibility for the accepted Public Improvements and the start of the Town s responsibility. After the project has received Final Public Improvements Acceptance, the Town will return any remaining Warranty Surety. (Ord , 2012) Chapter Construction Permit Fees and Surety Construction Permit fees and surety amounts Inspection fees Use tax Performance surety Release of performance surety Warranty surety Release of warranty surety Construction Permit fees and surety amounts. Unless otherwise specified in the Development Services Fee Schedule, the approved Consultant Engineer s Opinion of Costs shall be the basis for determination of Fees and Surety amounts. The Opinion of Costs shall be developed by the Consultant Engineer and reviewed and approved by the Town during the Construction Document review process. For those projects requiring Construction Permits for Private Improvements within the Right-of-Way, a cost estimate prepared by the private entity shall be submitted as part of the Permit application process. (Ord , 2012) 15-82

83 Inspection fees. Unless otherwise specified by a Franchise Agreement with the Town, Inspection Fees shall be applied to all Public and Private Improvements to be Inspected, as identified in the Town approved Engineer s Opinion of Costs. Inspection Fees shall be calculated according to the Development Services Fee Schedule. Each Construction Permit issued shall have the Inspection Fee and Use Tax assessed and paid prior to issuance of the Construction Permit and prior to commencement of Work on the Project. (Ord , 2012) Use tax. Unless otherwise specified by a Franchise Agreement with the Town, Use Tax shall be charged to each Project based on requirements of Town Code Title 3, Article III. (Ord , 2012) Performance surety. A. Unless otherwise specified by a Franchise Agreement with the Town or superseded by an Improvement Agreement, a performance Surety securing the completion of all Public Improvements shall be provided to the Town. The performance Surety shall be a condition to receiving a Construction Permit. The performance Surety amount shall be based on the Public Improvements cost, as identified on the approved Construction Documents, signed and stamped by a licensed professional engineer in the state of Colorado. B. The amount of the performance Surety will vary with the type of security provided, as follows: Surety Type Public Improvements Amount of Opinion of Cost Bond 100% Letter of Credit 75% Cash/Escrow 65% C. If the Surety is provided as a Bond, Letter of Credit or Escrow account, the Town shall review, provide comments and approve all language, conditions and terms of the agreement prior to it being finalized. D. For Projects deemed by the Town to be of Regional Significance or elements of the Project deemed by the Town to be of Regional Significance, Surety in the amount of 100% of the costs for such work must be provided, irrespective of the type of performance Surety provided. E. Developer shall have the option of providing one performance Surety for all work, or two separate Performance Sureties for: 1. Below-ground work, including but not limited to over lot grading or earth excavation processes, storm drain facilities and related appurtenances, culverts, channels, water distribution or transmission facilities and related appurtenances, sanitary sewer collection facilities and related appurtenances, water and wastewater treatment facilities or any other facilities located below ground 15-83

84 2. Above-ground work, including but not limited to pavement, curb and gutter, sidewalk, pedestrian/bike/equestrian paths, street lighting bridges, pavement marki ngs/signage/stri ping, traffic signals and related appurtenance, landscaping and erosion control or any other facilities located above ground; and F. Upon request of the Developer, the performance Sureties may be reduced incrementally as general phases of the Project are completed in conformance with the Construction Documents and to the satisfaction of the Town. The Developer must provide a revised Consultant Engineers Opinion of Cost to the Town for review, if required, and other appropriate documentation along with a fee (in accordance with the current Development Services Fee Schedule) for each incremental performance Surety reduction. The performance Sureties shall never be reduced to less than 15% of the total estimated cost of the work as determined by the Opinion of Costs. (Ord , 2012) Release of performance surety. A. Release of the performance Surety upon completion of the Project is subject to the following requirements: 1. Completion of all Improvements authorized in the Construction Permit, including Punch List items; 2. Receipt and approval of Record Drawings; 3. Execution of the Public Improvements Conveyance and Initial Acceptance form by the Developer and Town; and 4. Submittal of the required Warranty Surety (see ). B. Upon receipt and acceptance of all aforementioned items, the Town will release the original performance Surety and the Warranty Period (see ) shall commence. (Ord , 2012) Warranty surety. A. Prior to Town s release of the performance Surety, in compliance with , Developer shall submit to Town a Warranty Surety in the amount of 15% of the actual Project Public Improvements construction costs, as listed in the Opinion of Cost, signed and stamped by a licensed professional engineer in the State. Provided further, the 15% Warranty Surety may be reduced during the Warranty Period to 10% if the foregoing conditions are met: 1. No earlier than 10 months after the start of the Warranty Period, the Town shall inspect all Public Improvements related to the Project. A written Initial Punch List shall be compiled to determine the cost of Defective Work. If the cost of the Defective Work equates to less than 5% of the actual Project Public Improvement construction costs, the Warranty Surety may be reduced to 10% of the actual Project Public Improvement construction costs. The Developer must provide a revised cost estimate to the Town and other appropriate documentation with the fee for such Surety reduction. The Warranty Surety shall never be reduced to less than 10% of the actual Project Public Improvement construction costs

85 B. The Warranty Surety provided to the Town shall be in the form of an irrevocable letter of credit, cash or cash escrow. Bonds will not be accepted for a Warranty Surety. The Town shall review, provide comments, and approve all language, conditions and terms of the surety agreement prior to it being finalized. The Warranty Surety shall be retained by the Town to undertake the Warranty Work related to the Defective Work that is discovered during the Warranty Period, should the responsible party(ies) fail to timely complete the Warranty Work. C. Developer s obligation to complete the Warranty Work discovered in the Warranty Period survives expiration of the Warranty Period, as does the Town s right to call the Warranty Surety to cure such defects or failures. (Ord , 2012) Release of warranty surety. The Warranty Surety shall be released when the Project has received Final Public Improvement Acceptance by the Town unless as of that date there is remaining outstanding Warranty Work or Final Punch list items, in which event, the Warranty Surety will be released after cure of such Defective Work. (Ord ,2012) Permit required Permit application and fee Compliance with zoning regulations Permit required. Article V General II Chapter Moving of Buildings No building shall be moved into or through the Town, or onto any street or alley or public place in the Town, until a permit to do so shall have been obtained. (Ord , 2012) Permit application and fee. The fee for such permit shall be the fee set forth and published in the Development Services fee schedule, as amended from time to time. Application for permit shall be made to the Building Inspector and upon his or her receiving same and the fee provided for in the Development Services fee schedule, he or she shall issue the permit if in his or her opinion the building will be moved without damage to the streets and property in the Town, public or private. Otherwise, he or she shall refuse such permit. (Ord , 2012) Compliance with zoning regulations. No building shall be moved onto any lot or lots in the Town unless such building, including additions thereto, if any, and remodeling thereof, if same is remodeled, comply with the zoning regulations of the Town. (Ord , 2012) 15-85

86 Chapter Creation of Local or Special Improvement Districts Procedure Procedure. Pursuant to the Charter, the Town Council shall use the provisions of Title 31, Article 25, Part 5, C.R.S., for the method and manner of creating local improvement districts, constructing or otherwise acquiring the improvements, letting contracts therefor, issuing and paying bonds for the construction, acquisition or installation of such improvements, including the costs incidental thereto, for assessing the costs thereof, the procedure for protesting the creation of a district, and for all other things in relation to local improvement districts; provided, however, that notwithstanding the foregoing, the Town Council shall have the right, by adoption of any ordinance concerning the creation of a local improvement district, the assessment of the costs thereof, the issuance of bonds therefor, or other matters relating to a local improvement district, to make provisions inconsistent or at variance with the provisions of Title 31, Article 25, Part 5, C.R.S., and the provisions of such ordinances shall supersede such statutory provisions. (Ord , 2012) 15-86

87 Article VI Historic Preservation Chapter Historic Preservation Purpose and intent Definitions Historic Preservation Board established Reserved Economic incentives for historic restoration Town of Castle Rock Historic Landmarks National Register of Historic Places Landmark designation Demolition or relocation of non-landmarked structures Amendment or removal of Landmark designation Correction of unsafe or dangerous conditions on Landmarks Property maintenance required for Landmarks Construction on proposed Landmark properties Alteration of a Landmark Minor alteration of a Landmark Relocation of a Landmark Historic District designation for the Craig and Gould neighborhood Amendment of District designation Design review, Craig and Gould neighborhood Approval for new construction and alterations to non-landmarked Properties, Craig and Gould neighborhood Violation and penalties Purpose and intent. The purpose and intent of this Chapter is to promote the public health, safety and welfare through: A. The protection and preservation of the Town s historic and cultural heritage, as embodied in designated Historic Landmarks and Historic Downtown Area, by appropriate regulations; B. The enhancement of property values and the stabilization of historic neighborhoods and commercial areas; C. The increase of economic and financial benefits derived from tourists, visitors, homebuyers, businesses and developers; and D. The provision of educational opportunities to increase public appreciation of the Town s unique heritage. The intent of this Chapter is to create a method to draw a reasonable balance between private property rights and the public interest in preserving the Town s unique historic character. (Ord , 2012) 15-87

88 Definitions. Alteration means any change, addition or modification of any portion of the exterior of a building or designated feature which is visible from a public street or any other public place. Such features include, but are not limited to, the color, kind and texture of building materials, and type, design and character of windows, door and appurtenances. Alteration Certficate is a written authorization, which must be issued by the Historic Preservation Board prior to any Alteration to an Historic Landmark. Castle Rock Design is the Towns design guidelines that encourage design quality that is in harmony with the Town s character. The Town Council adopted the document on May 12, 2003 by Resolution No Colorado Cultural Resource Survey is the collection and analysis of information concerning the physical remains that represent the Town s past. The information characterizes both the resources and their location and becomes the basis for evaluation. A survey documents the physical evidence of the past that expresses and contributes to the history of a region. Compatible means likeness or similarity in character. This may include a similarity or likeness in a building form, envelope, footprint, roof, window or door patterns and/or materials of a building. Contributing Structure is a property, such as a house, barn, depot, commercial building, church or similar construction or bridge, roadway, grain elevator or railroad, that is deemed significant because of its importance to a particular area or the Historic Downtown Area as a whole. A structure deemed Contributing may or may not be eligible for a local Landmark designation, but Historic Integrity is a key aspect of a Contributing Structure. Craig and Gould is a neighborhood located within the Historic Downtown Area. The neighborhood is bounded by Front Street to the west, Gilbert Street to the east, Rock Park to the north, and South Street to the south (see Figure 1 below)

89 Figure 1 Craig and Gould Neighborhood Demolition means razing, destroying, dismantling, defacing or in any other manner causing partial or total ruin of a structure. Demolition Certificate is a written authorization, which must be issued by the Town Council prior to any Demolition within the Historic Downtown Area. Department means the Town of Castle Rock Development Services Department. Economic Hardship means facts and circumstances which establish that there are no feasible measures that can be taken which will enable the property owner to make a reasonable beneficial use of the property or derive a reasonable economic return from the property in its current form

90 Historic Context is a compilation of information about historic properties that share a common theme, character, geographic area and time period. Historic District or District is a formally recognized area where all Contributing Structures are treated as designated landmarks. Historic District boundaries will be defined by visual changes, historical documentation of different associations or patterns of development, or evidence of changes in site type or site density as established through testing or survey. The Significance of a Historic District may be recognized through listing in a local, state or national landmarks register. The Historic Downtown Area is determined to be an area of general historic Significance to the Town in need of particular review for Demolitions that may impact the architectural heritage of the Town. The Historic Downtown Area is defined as that area depicted on the map as shown in Figure 2 below

91 C LUhi [flj] ti:i LfLZ1 rlil1 [LZI ThE Ii I I I -I

92 Historic Integrity is the ability of a property to convey its Significance, or the authenticity of a property s historic identity, evidenced by the survival of physical characteristics that existed during the property s prehistoric or historic period. Integrity is judged based on the following seven aspects as defined by the National Park Service and Colorado Historical Society: location, design, setting, materials, workmanship, feeling and association. Historic Landmark or Landmark means an individual structure, object, feature or area which has been designated by ordinance on the Town s Register of Historic Places because of its historic Significance and importance to the Town. Landmarks may also include sites which were the scene of an activity which has historic Significance to the Town, such as parks, abandoned quarries, agricultural sites or significant geologic features which played an important role in the Town s history. Historic Preservation Plan is a document that serves as a policy guide for all other Town-wide plans and decisions as they relate to identified historic resources. The Plan was adopted by the Town Council by Resolution No on June 12, Historic Properly means any property that is designated as a local Historic Landmark by ordinance, or is listed on the State or national register, or is listed as a property deemed eligible for local landrnarking according to the Castle Rock Historic Survey. Minor Alteration means the change of a single feature (i.e., door, porch feature, window, accessory structure, paint) or the replacement or repair of a feature that does not dramatically change the visual appearance of the structure. Reconnaissance Survey provides basic information on a property, including but not limited to the construction date, a brief history, pictures of all elevations and a site map. Rehabilitation is defined as the act or process of making possible a Compatible use for property through repair and/or Alterations while preserving those portions or features which convey its historical, cultural or architectural values. Relocation Cert/icate is a written authorization, which must be issued by the Historic Preservation Board prior to any relocation of an Historic Landmark. Restoration is defined as the act or process of accurately depicting the forms, features and character of a property as they appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical and planning systems and other code-required work to make properties functional is appropriate within a restoration period. Sense of Place is defined as a place that has certain characteristics that make it special; this may include its architecture, geographic features, building types, uses or Historic Context. Significance is the aspect of history that determines why a property is important to the Town. Generally, this can be the setting, cultural significance, architecture or association with a significant person or significant event. A property may meet the criteria under more than one area of Significance

93 Site is the location of a significant event, a prehistoric or historical occupation or activity, or a structure, whether standing ruined or vanished, where the location itself possesses historical, cultural or archaeological value regardless of the value of any existing structure. Examples of Sites may include a mesa, butte, rhyolite quarry, local ranch, railroad stop or archaeological site of historic importance to the Town. Structures of Historic Significance means non-landmarked structures, such as a house, barn, depot, commercial building, church or similar construction or bridge, roadway, grain elevator or railroad, which are listed as eligible for local or national register nomination on a Colorado Resource Survey. (Ord ,2012) Historic Preservation Board established. There is hereby created a Historic Preservation Board, referred to in this Chapter as the which shall have principal responsibility for matters of historic preservation. Board, A. Membership. The Board shall consist of seven members providing a balanced, communitywide representation. All members shall be residents of Douglas County, with preference given to Town of Castle Rock residents. The Board shall be composed of both professional and lay members, all of whom have demonstrated interest, knowledge or training in fields closely related to historic preservation. At least three members shall be professionals or shall have extensive expertise in a preservation-related discipline, including but not limited to history, architecture, planning or archaeology. If the required number of professional members cannot be found to serve on the Board, this requirement may be waived until the next vacancy occurs, at which time the Town shall again diligently seek professional representation. In the case of a lack of professional appointees, the Board may, with Council approval, be allowed to retain professional consultants to advise the Board as necessary to fulfill its duties. At least three members shall be residents or property owners from the Craig and Gould neighborhood. If the required number of residents or property owners from the Craig and Gould neighborhood cannot be found to serve on the Board, this requirement may be waived until the next vacancy occurs, at which time the Town shall diligently seek Craig and Gould representation. The Castle Rock Historical Society and the Castle Rock Chamber of Commerce are encouraged to submit nominees for Council consideration. The Director of Development Services or a designated department representative shall serve as staff to the Board. B. Appointments and terms of office. Members of the Board shall be appointed by the Town Council. Board terms of office are three-year staggered terms, commencing on the date of appointment. All terms shall run from June 1 through May 31 of the third year. Members may continue to serve until their successors have been appointed. Members may be reappointed by the Town Council to serve successive terms without limitation. Appointment to fill vacancies on the Board shall be made by the Town Council. Such appointments shall be made to fill out the remainder of the vacated term only. Members of the Board shall serve at the pleasure of the Town Council and may be removed with or without cause by a majority vote of the Town Council. C. Attendance. To ensure the orderly conduct of business, member attendance is vital. Except for emergency absences, medical condition absences and absences resulting from military leave of less than two continuous months, no Board mnember shall miss more than three meetings in any twelve-month period. Upon any fourth absence within 12 months, other than for an emergency, medical condition or military leave of less than two months, as determined by the Chairperson, the 15-93

94 Board member shall be deemed to have resigned from the Board, and the Council shall appoint a replacement. Nothing herein prohibits the Council from reappointing the resigning member under this Subsection. D. Quorum and voting. A quorum for the Board shall consist of a majority of the regular membership. A quorum is necessary for the Board to hold a public hearing or to take official actions, except that a public hearing may be continued by a majority vote of the members present when a quorum is not present. A tie vote shall be deemed a denial of the motion or recommended action. E. Officers. The Board shall, by majority vote, elect one of its members to serve as chairperson to preside over the Board s meetings and one member to serve as vice-chairperson. The members so designated shall serve in these capacities for terms of one year and may serve successive terms. F. Meetings. The Board shall hold meetings at regularly scheduled intervals, but shall meet at minimum four times a year. Minutes shall be kept of all Board proceedings. C. Powers and duties. The Board shall: 1. Adopt criteria for review of Historic Properties and for review of proposals to alter, demolish or relocate designated Landmarks. 2. Review properties nominated for designation as a Historic Landmark or Historic District in the Craig and Gould neighborhood and recommend that the Town Council designate by ordinance those properties qualifying for such designation. 3. Review and rule on any application for Alterations to a Historic District in the Craig and Gould neighborhood. 4. Review and rule on any application for the Alteration, relocation or Demolition of a Historic Landmark. 5. Review and approve new construction and Alterations to non-landmarked properties within the Craig and Gould neighborhood. 6. Maintain a system for survey and inventory. 7. Advise and assist owners of Historic Properties regarding physical and financial aspects of preservation, renovation, Rehabilitation and reuse, including nomination to the National Register of Historic Places. 8. In conjunction with the Castle Rock Historical Society, develop and assist with public education programs, including but not limited to walking tours, brochures, a marker program for historic properties, lectures and conferences. 9. Conduct surveys of historic areas for the purpose of defining those of historic Significance and prioritizing the importance of identified historic areas and structures. 10. Advise the Planning Commission and Town Council on matters related to preserving the historic character of the Town

95 11. In conjunction with other entities and private individuals, actively pursue financial assistance for preservation-related programs through grants and other means. 12. Administer the local economic incentive programs set forth in Section Review and make recommendations to the Town Council regarding amendments to the Historic Preservation Plan. The Plan, and any amendments thereto, shall be adopted by resolution of the Town Council. H. Rules and procedures. The Board shall adopt rules of procedure or bylaws which shall be made available to the public. All meetings of the Board shall be open to the public. (Ord ,2012) Reserved Economic incentives for historic restoration. In addition to any incentives that may be offered by the State and/or other potential funding sources, an owner of a Landmark or a Contributing Structure in the Historic Downtown Area may be eligible to apply for the following economic incentives for the Restoration or Rehabilitation of the property, and such additional incentives as may be developed by the Historic Preservation Board and authorized by the Town Council: A. Property tax rebate for Historic Landmarks. Property owners of Historic Landmarks may be eligible for a property tax rebate of the Town s real property taxes for the real property upon which the Historic Landmark is located by entering into a revocable contract with the Town regarding the property tax rebate. The revocable contract shall allow for the automatic renewal of the property tax rebate subject to appropriation by the Town Council and subject to verification that the property owner is in compliance with both the revocable contract and this Chapter. B. Historic Preservation Design Assistance Program. The Design Assistance Program is intended to give Downtown Castle Rock property owners architectural assistance for designing projects in accordance with Castle Rock Design Guidelines. The Program will pay for architectural assistance of facade design, for building expansion or new construction within the Historic Downtown Area. The assistance also includes design help involving an architect and Department staff regarding building signage and Restoration activities. Projects include, but are not limited to, facade reconstruction, building additions or new development. C. Local Restoration Grant Program. The purpose of this program is to provide Historic Landmarks monetary assistance with Rehabilitation or Restoration projects. Grants will be issued for Restoration, reconstruction and Rehabilitation projects. Generally, these grants would be available for smaller projects, such as sanding and re-painting a facade, reconstruction of windows, re-roofing or reconstruction of porches. However, larger projects or State Historic Fund cash match projects may be considered. D. Plaques, Banners and Markers. The Town shall use historic preservation funds to provide plaques, banners or markers for local Landmarks. (Ord , 2012) 15-95

96 Town of Castle Rock Historic Landmarks. As of January 1, 2009, the following Historic Landmarks have been officially approved by the Historic Preservation Board and Town Council by ordinance: A. Christensen House and Carriage House Jerry Street. B. The Rock (Castle Rock Geologic Feature and including the Rock Park). C. Hammar House Cantril Street. D. Dyer House and Stone House and Barn E. D&RG Depot Elbert Street. Cantril Street. F. First National Bank of Douglas County 300 Wilcox Street. G. Richardson House H. Doepke House Front Street. Cantril Street. I. Upton Treat Smith House and Garage J. Christ s Episcopal Church Fourth Street. Cantril Street. K. Residence at 15 Lewis Street Lewis Street. L. Commercial Building at 302 Wilcox Street M. Commercial Building at 304 Wilcox Street Wilcox Street. Wilcox Street. N. Keystone Hotel (and Tivoli Saloon) 2 19/223 Fourth Street. 0. Residence at 111 Cantril Street 111 Cantril Street. P. Owens House Q. City Hotel R. Kirk House S. Breuss House Perry Street. Perry Street. Second Street. Lewis Street. T. Jacob Kroll House Lewis Street. U. Hunter House V. Sellars House Lewis Street. Lewis Street

97 W. Saunders House X. House Perry Street. Perry Street. Y. Breselow House 213 Cantril Street. The Department shall maintain a current record of all Landmarks and pending designations , 2012) (Ord National Register of Historic Places. The following properties are designated as National Historic Landmarks on the National Register of Historic Properties: A. Hammar House 203 Cantril Street. B. D&RG Depot 420 Elbert Street. C. Cantril School Cantril Street. D. First National Bank of Douglas County Wilcox Street. E. Keystone Hotel 223 Fourth Street. (Ord ,2012) Landmark designation. A. Authorization. Pursuant to the procedures in this Chapter, the Town Council may by ordinance designate as a Landmark an individual structure or an integrated group of structures and features on a single lot or site having special historical or architectural value. Landmarks designated pursuant to this Section shall be subject to the controls and standards set forth in this Chapter and eligible for such incentive programs pursuant to Section B. Nomination for Landmark Designation. A nomination for Landmark designation may be made by any property owner desiring to obtain a Landmark designation for his or her property by filing a nomination application with the Department. C. Criteria for Landmark designation. Structures and sites that meet two or more of the following criteria for Significance and convey one or more of the following aspects of Historic Integrity may be nominated for Landmark designation: 1. Significance. a. People. Associated with a person or persons significantly contributing to local, state or national history. b. Events. Associated with a significant local, county, state or national event (or events). c. Architecture

98 i. Embodies the distinctive characteristics of an architectural style valuable for the study of a type, period or method of construction; ii. Represents the work of a master architect or builder whose work has influenced development in the Town, County, State or Nation; iii. Uses indigenous materials; the use of locally quarried rhyolite being of special importance to the Town; or iv. Is an example of architectural or structural innovation. d. Heritage. Possesses character, interest or value as part of the development heritage or cultural characteristics of the Town, with railroads, quarries and early development of the Town being of special importance to the Town. e. Archaeology. Possesses archaeological Significance or provides information important to prehistory. f. Age. Constructed at least 50 years prior to designation. 2. Historic Integrity. a. Location. The place where the Historic Property was constructed or the place where an historic event occurred. b. Design. The combination of elements that create the historic form, plan space, structure and style of a property. c. Setting. The physical environment of an Historic Property; the character of the place. d. Materials. The physical elements of an Historic Property. e. Workmanship. The physical evidence of the crafts of a culture and evidence of an artisan s labor and skills. f. Feeling. A property s expression of the aesthetic or historic sense of a particular time and the ability to convey a property s historic character. g. Association. The direct link between an historic event or person and an Historic Property. D. Cultural Resource Surveys. In order to determine if a proposed Landmark meets the criteria for designation set forth in Subsection C, the Board will require a Colorado Cultural Resource Survey Architectural Inventory Form to be completed by a Colorado licensed architect and reviewed by the Colorado Historical Society Office of Archaeology and Historic Preservation, at the Town s expense. E. Proceedings by the Board on an ordinance approving an application for Landmark designation

99 1. Notice. Notice of time, date, place and a brief summary of explanation of the subject matter of the public hearing on the ordinance shall be posted on the property in a manner visible from all adjacent public rights-of-way at least 10 days prior to the hearing. 2. Public hearing. The Board shall hold a public hearing on the application no more than 60 days after the filing of the application. However, the hearing on the ordinance may be deferred until the Cultural Resource Survey described in Subsection D has been completed. The property owner and the public shall have reasonable opportunity to express their opinions regarding the application for Landmark designation. The Board and Town Council shall review the application to determine if the proposed Landmark meets the criteria for Landmark designation set forth in Subsection C and shall consider the applicant s testimony and the comments from the public. 3. Board recommendation. Within 30 days after the conclusion of the public hearing, the Board shall recommend the application be approved, approved with conditions or disapproved. The Board shall forward its recommendation and written report to the Town Council for consideration and final action. F. Proceedings by the Town Council on application for Landmark designation. 1. Notice. Notice of the public hearing shall be provided in accordance with Paragraph E.1 above. 2. Public hearing and Council decision. Within 60 days after the Board has forwarded its written report to the Town Council, the Town Council shall hold a public hearing on the proposed designation. The property owner and the public shall have reasonable opportunity to express their opinions regarding the application for Landmark designation. The Town Council shall approve, approve with conditions or disapprove the proposed Landmark designation after considering the Board s written recommendation, whether the proposed Landmark meets the designation criteria set forth in Subsection C, the applicant s testimony and the comments from the public. 3. Designating ordinance. Approval of a Landmark designation shall be by Town Council ordinance. Each such designating ordinance shall include: a legal description and boundaries of the property designated as a Landmark; a description of the characteristics of the Landmark justifying its designation; and a description of the particular features that should be preserved. 0. Recording with County Clerk. When a Landmark has been designated by the Town Council, the Department shall promptly notif,i the owner of the property designated as a Landmark and shall cause a copy of the designating ordinance to be recorded, together with a summary description of the penalties and sanctions for violation of this Chapter, with the Douglas County Clerk and Recorder. (Ord , 2012) Demolition or relocation of non-landmarked structures. A. If a building or structure was built within the Historic Downtown Area after 1945, a demolition or relocation permit may be obtained through Development Services, unless Development Services staff finds that the building or structure may possess enough architectural and/or historical significance and/or integrity to meet criteria for Landmark designation pursuant to Section , in which event, the process under Subsection B shall be followed

100 B. If a building was built before 1945 or has been determined by Development Services staff to meet the criteria in Subsection l a, a Cultural Resource Survey will be done. Once a survey has been completed, a public hearing on the demolition or relocation request will be reviewed by the Board. The Board will forward its recommendation regarding the demolition or relocation request to Town Council. The Town Council will hold a public hearing on the resolution for the demolition or relocation request and make a determination of approval, approval with conditions or denial. The Board and Town Council will use the following criteria to review a demolition or relocation request, along with the information from the Cultural Resource Survey: 1. Is the property currently Landmarked and/or would the property be able to achieve Landmark status? 2. Is the property void of features of architectural and/or historical significance and/or integrity? 3. Will the effect of demolition or relocation be positive or negative on adjacent properties or the downtown district? 4. Has deterioration of the property progressed to the point where it is not economically feasible to rehabilitate the property? 5. For a demolition request, has moving the building been investigated? Is it a feasible option to demolition? C. Notice of the public hearing on a demolition or relocation request shall be accomplished in the same manner as in Paragraph E.l of this Code. (Ord , 2012) Amendment and removal of Landmark designation. A. Landmark designation may be amended to add features or property to the site under the procedures prescribed by Section for initial designations. Whenever a designation has been amended, the Department shall promptly notify the owners of the property included therein and shall record a copy of the amending ordinance with the Douglas County Clerk and Recorder. B. The owner of a property that is Landmarked may request the removal of the Landmarking status. A Cultural Resource Survey must be completed on the property. Once a survey has been completed, the Board will review the removal of the Landmarking status request. The Board will then forward its recommendation to the Town Council on the request for removal of the Landmarking status. The Town Council will then make a determination whether or not to grant the removal of the Landrnarking status request. The Board and Town Council will use the following criteria to review a request for the removal of the Landmarking status, along with the information from the Cultural Resource Survey: 1. Does the property no longer meet the criteria for Landmark status under Section ? 2. Will the effect of removing the Landmark status be positive or negative on adjacent properties or the downtown district?

101 Notice of the public hearings on a Landmarking status removal request shall be accomplished in the same manner as in Paragraph E.l. (Ord ,2012) Correction of unsafe or dangerous conditions on Landmarks. Nothing in this Section shall be construed to prevent any Alteration or Demolition necessary to correct the unsafe or dangerous condition of any Landmark, other feature or parts thereof where such condition is declared unsafe or dangerous by the Town Building Inspector or Fire Inspector and where the proposed measures have been declared necessary by the Town Manager to correct the condition, as long as only such work that is absolutely necessary to correct the condition is performed. Any temporary measures may be taken without first obtaining an Alteration or Demolition Certificate under this Article, but a certificate is required for permanent Alteration or Demolition. (Ord , 2012) Property maintenance required for Landmarks. The Town Council intends to preserve from deliberate or inadvertent neglect the exterior portions of designated Landmarks and all interior portions thereof whose maintenance is necessary to prevent deterioration of any exterior portion. No owner, lessee or occupant of any Landmark shall fail to prevent significant deterioration of the exterior of the structure or special feature beyond the condition of the structure on the effective date of the designating ordinance. No owner, lessee or occupant of any Landmark or structure in Historic Downtown Area shall fail to comply with all applicable provisions of this Section and other ordinances of the Town regulating property maintenance. Nothing in this Chapter shall be construed to prevent the ordinary maintenance and repair of any external architectural feature which does not involve change in design, material, color or outward appearance of a designated Landmark. (Ord , 2012) Construction on proposed Landmark properties. No person shall receive a building permit to alter and/or remove any structure or other feature under consideration for Landmark designation from the date an application has been filed to initiate the designation of such Landmark property until final disposition of the designation by the Town Council. (Ord , 2012) Alteration of a Landmark. A. Alteration Certificate required. Except for Minor Alterations, no person shall carry out or permit to be carried out on any Landmark any of the following without first obtaining an Alteration Certificate: 1. Any exterior alteration of a Landmark, including but not limited to windows, doors, siding, porches or any other character-defining features; 2. Alteration of any fence or other landscape feature, including without limitation decks, patios, walls, berms, garden structures, water features, exterior lighting, curb cuts, driveways or landscaping, that have the potential to damage or change the essential character of the Landmark;

102 3. Any other activity requiring a building permit pursuant to this Code, except for building permits required for interior work on a building; or 4. Any proposed modification to a previously approved Alteration Certificate. B. Application requirements. Prior to issuance of an Alteration Certificate, the applicant must submit a land use application to the Department. The application shall be submitted at least 45 days in advance of the next regularly scheduled Board meeting. Staff may require a site plan showing the location of the proposed or existing structure, including setbacks, building dimensions, driveways and landscape areas, as well as building elevations showing architectural elements of the structure. C. Criteria to review Alterations. The applicant shall be required to demonstrate that the proposed Alteration will not result in the following effects: 1. The destruction or substantial impairment of the Historic Integrity or the character-defining architectural features of the Landmark; 2. The architectural style, arrangement, texture, color and materials of the proposed Alterations are incompatible with the character of the Historic Landmark; 3. Proposed interior Alterations negatively impact the overall structural integrity of the Landmark so as to affect its exterior appearance; 4. The proposed Alterations change an integral part of the structure recognized at the time of Landmark designation; 5. New additions or Alterations to designated Landmarks being completed in a manner that, if such change could be removed in the future, the essential form and integrity of the structure would be unimpaired; 6. The proposed Alterations fail to conform to the Secretary of Interior s Standards for Rehabilitation or the specific Alteration criteria imposed at the time of initial designation; and 7. Any such additional criteria or policy design guidelines adopted by the Board to aid in the review of Alteration Certificate applications. Such criteria and policies shall be written and made available to all Alteration Certificate applicants and the general public. D. Board proceedings on the application for Alteration Certificate. 1. Notice. Notice of time, date, place and a brief summary of explanation of the subject matter of the public hearing shall be posted on the property in a manner visible from all adjacent public rights-of-way at least 10 days prior to the hearing. The Department shall be responsible for accomplishing the public notice. 2. Public hearing and Board decision. Within 45 days after the applicant has submitted a complete application to the Department, the Board shall hold a public hearing on the application. The applicant and the public shall have reasonable opportunity to express their opinions regarding the application for Alteration Certificate. The Board shall determine whether the proposed Alteration meets the established review criteria for Alterations set forth in Subsection C and shall

103 consider the applicant s testimony and the comments from the public. Within 30 days after the conclusion of the hearing, the Board shall adopt written findings and conclusions and either approve, approve with conditions or disapprove the application. When approving an application for an Alteration Certificate, the Board may impose a time limit for the applicant to apply for a building permit conforming to the certificate. E. Issuance of Alteration Certificate. The Department shall issue an Alteration Certificate if the Board has approved an application. Alterations and relocations of Landmarks shall be completed in compliance with all applicable design guidelines. F. Appeal of Board s denial of Alteration Certificate. 1. Appeal. Within 21 days of the Board s decision to deny an application for an Alteration Certificate, an applicant may appeal such decision to the Town Council by filing a written notice of appeal with the Department. The appeal shall state why the decision is contested. 2. Notice. Notice of time, date, place and a brief summary of explanation of the slibject matter of the public hearing shall be posted on the property in a manner visible from all adjacent public rights-of-way at least 10 days prior to the hearing. The Department shall be responsible for accomplishing the public notice. 3. Public hearing and Council decision. Within 60 days after the appeal is filed, the Council shall hold a public hearing on the matter. The applicant and the public shall have reasonable opportunity to express their opinions regarding the application for Alteration Certificate. After considering the written findings and conclusions of the Board, whether the proposed Alteration meets the established review criteria set forth in Subsection C, the applicant s testimony, comments from the public and the hardship appeal criteria set forth in Paragraph F.4, the Council shall approve, approve with conditions or modifications, or disapprove the application. 4. Hardship appeal criteria. a. Economic Hardship. The applicant has presented facts and circumstances which establish Economic Hardship. Consideration for Economic Hardship shall not include selfcreated hardships, willful or negligent acts by the owner, purchase of the property for substantially more than the market value, failure to perform normal maintenance and repairs, failure to diligently solicit and retain tenants, or failure to provide normal tenant improvements; or b. Noneconomic hardship. The applicant has presented specific facts which establish that the property poses either an imminent threat to public health and safety or specific health and/or safety issues, the costs of which to remedy are substantially greater than the benefits of designation. (Ord , 2012) Minor alteration of a Landmark. A. Administrative review. A streamlined administrative review process shall be made available to applicants proposing a Minor Alteration to a Landmark. The administrative process shall be concluded within 10 days of a complete application submittal. If it is determined that the Minor

104 Alteration will cause no significant impact or potential detriment, Department staff shall issue an Alteration Certificate to the applicant and shall notify the Board of such issuance. B. Board referral. If the Department staff determines that the proposed work would create a significant impact or potential detriment or if Department staff is unable to determine whether the proposed work is a Minor Alteration, the application shall be referred to the Board for public hearing in accordance with Section above, and the Department staff shall promptly notify the applicant of the referral. C. Appeal of Department decision. The applicant may appeal any administrative decision to the Board by submitting an appeal request in writing to the Department within seven days of the administrative ruling. (Ord , 2012) Relocation of a Landmark. A. Relocation Certificate required. No person shall carry out or permit to be carried out a relocation of a Landmark without first obtaining a Relocation Certificate. B. Application requirements. Prior to issuance of a Relocation Certificate, the applicant must submit a historic preservation land use application to the Department. The application shall be submitted at least 45 days in advance of the next regularly scheduled Board meeting. Staff may require a site plan showing the location of the proposed or existing structure, including setbacks, building dimensions, driveways and landscape areas, as well as building elevations showing architectural elements of the structure. C. Criteria to review relocations of Landmarks. The applicant shall be required to demonstrate the following: 1. The Landmark can be relocated without significant damage to its physical integrity; 2. The Landmark cannot be rehabilitated or reused on its present site to provide for any reasonable beneficial or economic use of the property; 3. Relocation of the Landmark would not diminish the integrity or character of the neighborhood losing the Landmark; 4. The Landmark is Compatible with the proposed site and adjacent properties; 5. Relocation of the Landmark would not diminish the integrity or character of the neighborhood receiving the Landmark; 6. No alternate sites at a historic park or more suitable relocation area are available; 7. A relocation plan has been submitted to and approved by the Department, and the applicant has presented proof of ability to post a bond in an amount determined by the Department to cover the safe relocation, preservation and repair (if required) of the Landmark, adequate site preparation and the completion of infrastructure connections; and 15-04

105 8. Any additional criteria or policy design guidelines adopted by the Board to aid in the review of Relocation Certificate applications. Such criteria and policies shall be written and made available to all Relocation Certificate applicants and the general public. D. Board proceedings on applications for Relocation Certificates. 1. Notice. Notice of time, date, place and a brief summary of explanation of the subject matter of the public hearing shall be posted on the property in a manner visible from all adjacent public rights-of-way at least 10 days prior to the hearing. The Department shall be responsible for accomplishing the public notice. 2. Public hearing and Board decision. Within 45 days after the applicant has submitted a complete application to the Department, the Board shall hold a public hearing on the application. The applicant and the public shall have reasonable opportunity to express their opinions regarding the application for Relocation Certificate. The Board shall determine whether the proposed relocation meets the established review criteria set forth in Subsection C and shall consider the applicants testimony and the comments from the public. Within 30 days after the conclusion of the hearing, the Board shall adopt written findings and conclusions and either approve, approve with conditions or disapprove the application. When approving an application for a Relocation Certificate, the Board may impose a time limit for the applicant to apply for a permit conforming to the certificate. E. Issuance of Relocation Certificate. The Department shall issue a Relocation Certificate if the Board has approved an application. Relocations of Landmarks shall be completed in compliance with all applicable design guidelines. F. Appeal of Board s denial of Relocation Certificate. 1. Appeal. Within 21 days of the Board s decision to deny an application for a Relocation Certificate, an applicant may appeal such decision to the Town Council by filing a written notice of appeal with the Department. The appeal shall state why the decision is contested. A copy of an affidavit demonstrating proof of the relocation financing shall be provided. 2. Notice. Notice of time, date, place and a brief summary of explanation of the subject matter of the public hearing shall be posted on the property in a manner visible from all adjacent public rights-of-way at least 10 days prior to the hearing. The Department shall be responsible for accomplishing the public notice. 3. Public hearing and Council decision. Within 60 days after the appeal is filed, the Council shall hold a public hearing on the matter. The applicant and the public shall have reasonable opportunity to express their opinions regarding the application for Relocation Certificate. After considering the written findings and conclusions of the Board, whether the proposed relocation meets the review criteria set forth in Subsection C and the hardship appeal criteria set forth in Paragraph 4 below, the Town Council shall approve, approve with conditions or modifications, or disapprove the application. 4. Hardship appeal criteria

106 a. Economic Hardship. The applicant has presented facts and circumstances which establish Economic Hardship. Consideration for Economic Hardship shall not include selfcreated hardships, willful or negligent acts by the owner, purchase of the property for substantially more than the market value, failure to perform normal maintenance and repairs, failure to diligently solicit and retain tenants, or failure to provide normal tenant improvements; or b. Noneconomic hardship. The applicant has presented specific facts which establish that the property poses either an imminent threat to public health and safety or specific health and/or safety issues, the costs of which to remedy are substantially greater than the benefits of designation. (Ord , 2012) Historic District designation for the Craig and Gould neighborhood. A. Authorization. Pursuant to the procedures hereinafter set forth in this Section, the Town Council may by ordinance designate a Historic District within the Craig and Gould neighborhood. The properties included in any such designation shall be subject to the controls and standards set forth in this Chapter and shall be eligible for such incentive programs as may be developed by the Historic Preservation Board and Town Council. B. Nominations for Historic District designation. A nomination for Historic District designation within the Craig and Gould neighborhood may be made by the Board or by any property owner group desiring to form a District by filing an application with the Department. Where nominated by the Board, the Department and at least one member of the Historic Preservation Board shall contact the owners of record in such District outlining the reasons and effects of the designation and obtain or attempt to obtain a majority of property owners consents before the nomination is accepted as complete for review. C. Criteria for Historic District Designation in the Craig and Gould neighborhood. The applicant shall be required to demonstrate the following: 1. A majority (5 1%) of property owners within the proposed District support the designation; 2. A majority (5 1%) of the buildings within the proposed District are Contributing Structures according to Colorado Cultural Resource Surveys; 3. The potential boundaries for the proposed District are appropriate; 4. The proposed designation is consistent with the goals and policies of the Castle Rock Comprehensive Plan, as amended; and 5. The proposed District as a whole meets two or more of the following criteria for Significance and conveys one or more of the following aspects of Historic Integrity: a. Significance. i. People. Associated with a person or persons significantly contributing to local, state or national history

107 ii. Events. Associated with a significant local, county, state or national event (or events). iii. Architecture. a) Embodies the distinctive characteristics of an architectural style valuable for the study of a type, period or method of construction; b) Represents the work of a master architect or builder whose work has influenced development in the Town, County, State or Nation; c) Uses indigenous materials; the use of locally quarried rhyolite being of special importance to the Town; or d) Is an example of architectural or structural innovation. iv. Heritage. Possesses character, interest or value as part of the development heritage or cultural characteristics of the Town, with railroads, quarries and early development of the Town being of special importance to the Town. v. Archaeology. Possesses archaeological Significance or provides information important to prehistory. vi. Age. Constructed at least 50 years prior to designation. b. Historic Integrity. i. Location. The place where the Historic Property was constructed or the place where an historic event occurred. ii. Design. The combination of elements that create the historic form, plan space, structure and style of a property. For Districts, this includes the spatial relationship between structures and the landscape. iii. Setting. The physical environment of an Historic Property; the character of the place. iv. Materials. The physical elements of an Historic Property. v. Workmanship. The physical evidence of the crafts of a culture and evidence of an artisan s labor and skills. vi. Feeling. A property s expression of the aesthetic or historic sense of particular time and the ability to convey a property s historic character. vii. Association. Property. The direct link between an historic event or person and an Historic

108 D. Reconnaissance Survey. If a Reconnaissance Survey has not been completed or is outdated prior to the establishment of any Historic District, the Town may require the applicant to provide, at its expense, a Reconnaissance Survey providing basic information, including but not limited to construction date, a brief history, pictures of all elevations and a site map shall be completed within the proposed District and provided to the Town. The survey shall be completed by a Colorado licensed architect endorsed by the Colorado Historical Society. E. Public outreach for Historic Districts. The Town shall assist property owners who request the formation of a District. Prior to the Board hearing, Department staff shall host a minimum of one meeting with the owners of properties within the proposed District to explain the responsibilities and benefits of designation and to adopt guidelines concerning the preservation of structures in the District. Notification of the meeting shall be sent by first-class mail to the applicant and all owners of properties within the proposed District stating the date, time and location of the meeting no less than 10 days prior to the meeting. The Department shall be responsible for accomplishing the public notice. Prior to this meeting, Department staff shall make materials available to affected property owners, including, without limitation, information on the history of the area proposed for designation, the history of individual properties proposed for designation and information on the responsibilities and benefits of designation. F. Board Proceedings for Historic District Designation. I. Notice. Notice of time, date, place and a brief summary of explanation of the subject matter of the hearing shall be published in the newspaper 10 days prior to the hearing. Written notice shall be sent by first-class mail to all property owners within the proposed District 15 days prior to the hearing. The Department shall be responsible for accomplishing the public notice. 2. Public hearing and Board recommendation. Within 45 days of receiving a complete application, the Board shall hold a public hearing on the application. The applicant, the property owners within the District and the public shall have reasonable opportunity to express their opinions regarding the application for District designation. The Board shall determine whether the proposed District meets the established review criteria set forth in Subsection C. Within 30 days after the conclusion of the public hearing, the Board shall recommend to Council approval, approval with conditions or disapproval of the application. The Board shall forward its recommendation by written report to the Town Council for consideration and final action. C. Town Council proceedings for Historic District designation. 1. Notice. Notice of time, date, place and a brief summary of explanation of the subject matter of the public hearing, shall be published in the newspaper 10 days prior to the hearing. Written notice shall be mailed to all property owners within the proposed District 15 days prior to the hearing. The Department shall be responsible for accomplishing the public notice. 2. Public hearing and Council decision. The Town Council shall hold a public hearing on the proposed District designation. The applicant, the property owners within the District and the public shall have reasonable opportunity to express their opinions regarding the application for District designation. The Council shall review the Boards written recommendations and whether the proposed District meets the established review criteria set forth in Subsection C. Within

109 days after the conclusion of the public hearing, the Town Council shall approve, approve with conditions or disapprove the proposed district designation. 3. Designating ordinance. Approval of a District designation shall be by Town Council. Each such designating ordinance shall include a description of the characteristics of the District which justifies its designation and a description of the particular features that should be preserved, and shall include a legal description of the location and boundaries. Any such designation shall be in furtherance of and in conformance with the purposes and standards of this Chapter. H. Recording with the County Clerk. When a District has been designated by the Town Council as provided above, the Department shall promptly notify the owners of the properties included in the District and shall cause a copy of the designating ordinance to be recorded, together with a summary description of the penalties and sanctions for violation of this Chapter. (Ord , 2012) Amendment of District designation. Designation of a Historic District may be amended to add property under the procedures prescribed by Section Whenever a designation has been amended, the Department shall promptly notify the owners of the property included therein and shall record a copy of the amending ordinance with the Douglas County Clerk and Recorder. (Ord , 2012) Design review, Craig and Gould neighborhood. The Craig and Gould Neighborhood is subject to design review regulations to ensure that new construction and Alterations to non-landmarked properties within the neighborhood are done in a way that is in keeping with the historic context of the neighborhood. The Historic Preservation Plan indicates that Craig and Gould may also meet the criteria for a Historic District. If designation shall occur, this Section shall be amended to include any new regulations passed as part of the designation. (Ord ,2012) Approval for new construction and alterations to non-landmarked properties, Craig and Gould neighborhood. A. Applicability. To ensure that new structures and Alterations to non-landmarked properties within the Craig and Gould Neighborhood are Compatible with existing character, the Historic Preservation Board shall conduct a mandatory and enforceable design review for all such new construction and Alterations. This includes all exterior alterations that require a building permit and/or any alterations that affect the character-defining features of the structure, including but not limited to windows, doors, siding and porches. B. Application required. Prior to any new construction or Alteration to a non-landmarked structure within the Craig and Gould Neighborhood, a property owner must submit an application to the Department. The application shall be submitted at least 45 days in advance of the next regularly scheduled Board meeting. Staff may require a site plan showing the location of the proposed or existing structure. including setbacks, building dimensions, driveways and landscape areas, as well as building elevations showing architectural elements of the structure

110 C. Criteria to review new construction and Alterations to non-landmarked properties. Applications for new construction and alterations to non-landmarked properties within the Craig and Gould Neighborhood shall be reviewed for conformance with the applicable standards outlined in the: 1. Castle Rock Style standards; 2. Castle Rock Design standards; 3. F.R.E.S.H standards in the Castle Rock Historic Preservation Plan; and 4. The Secretary of Interior s Standards for Rehabilitation. D. Administrative review. If the project is determined to be minor, staff may exempt the application from the provisions of this Section. A minor project may involve the change of a single feature or the replacement or repair of a feature that does not change the visual appearance of the structure. In such case, Department staff shall notify the building official who shall issue a permit to the applicant. E. Board proceedings. 1. Notice. Notice of time, date and place of the public hearing and a brief summary of explanation of the subject matter of the hearing shall be posted on the property in a manner visible from all adjacent public rights-of-way at least 10 days prior to the hearing. The Town shall be responsible for accomplishing the public notice. 2. Public hearing and Board decision. Within 45 days of receiving a complete application, the Board shall hold a public hearing on the application. The applicant and the public shall have reasonable opportunity to express their opinions regarding the application for new construction or Alteration to a non-landmarked property. The Board shall review the proposed new construction or Alteration for conformance with the review criteria set forth in Subsection C. The Board shall review the standards in a reasonable manner, taking into consideration economic and technical feasibility. At the hearing, the Board may approve, approve with conditions or deny the proposed new construction or Alteration. In the case of denial, the Board shall state the reasons therefor in a written statement and make recommendations in regard to the appropriateness of design, arrangement, texture, material and color. F. Appeal of Board decisions. Within 21 days of the Board s decision regarding new construction and Alterations to non-landmarked properties, an applicant may appeal any decision of the Board to the Town Council by filing a written notice of appeal with the Department within 21 days of the Board s decision. 1. Notice. Notice of time, date and place of the public hearing and a brief summary of explanation of the subject matter of the hearing shall be posted on the property in a manner visible from all adjacent public rights-of-way at least 10 days prior to the hearing. The Town shall be responsible for accomplishing the public notice. 2. Council meeting and decision. Within 60 days after the appeal is filed, the Council shall hold a public meeting on the matter. The applicant and the public shall have reasonable

111 opportunity to express their opinions on the application. The Council shall consider the written findings and conclusions of the Board, whether the proposed new construction or Alteration to a non-landmarked property conforms to the review criteria set forth in Subsection C, and shall approve, approve with conditions or modifications, or disapprove the application. (Ord ,2012) Violation and penalties. A. No person shall violate any of the provisions of the ordinances of the Town, including the provisions of this Code. Except in cases where a different punishment is prescribed by any ordinance of the Town, any person who violates any of the provisions of the ordinances of the Town or this Code shall be punished by a fine of not more than $1, or by imprisonment not to exceed one year, or by both such fine and imprisonment. B. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by any such person, and he or she shall be punished accordingly. (Ord , 2012) Article VII 1999 Public Works Regulations Chapter Public Works Regulations Code adoption, limited purpose Copies available for purchase Application Violation; penalty Amendments Construction plan approval, expiration and extension approval Extension approval for recently approved construction plans Construction permit approval, expiration and extension approval Extension approval for recently approved construction permits Code adoption, limited purpose. A. Pursuant to the powers conferred upon it by the Colorado Revised Statutes, the Town, through its Town Council, hereby adopts by reference the Town of Castle Rock, Colorado, Public Works Regulations published by the Town in July 1998, and reprinted February 12, 1999, and all secondary codes referenced therein. Three copies of the Public Works Regulations shall be maintained on file at the office of the Town Clerk and may be inspected during regular business hours, the same being adopted as if set out at length herein. B. The provisions of this Chapter hall apply only to applicable applications and permits submitted prior to December 1, 2012, at which time the comprehensive re-codification of this Title takes effect. Alternatively, an applicant or permittee may opt to have such pre-existing application or permit governed by the re-codified Title 15. (Ord , 2012)

112 Copies available for purchase. Copies of the Public Works Regulations are available for purchase at the office of the Town Clerk during regular business hours for the purchase price of $50.00 per copy. (Ord , 2012) Application. A. The provisions of the Public Works Regulations shall apply to and govern over any and all public improvements within or to be incorporated in the corporate limits of the Town; as well as govern over any and all public improvements that may be outside of the Towns corporate limits, but integral to the planned infrastructure systems of the Town. B. Where, in any specific case, there is a conflict between different sections of the Public Works Regulations or between the Public Works Regulations and any secondary code referenced therein, the most restrictive provision shall apply. (Ord , 2012) Violation; penalty. Any person found to have violated any of the provisions of the Public Works Regulations shall be charged with a violation of this Chapter. Except in cases where a different punishment is prescribed by any ordinance of the Town, upon conviction thereof, such violator shall be punished by a fine of not more than $1, or by imprisonment not to exceed 364 days, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Chapter is committed. (Ord , 2012) Amendments. The Public Works Regulations shall be amended to read as follows: A. Section 2, Chapter 16. Grading preamble shall be amended to read as follows: Grading: A grading permit shall be required as specified in Chapter 18 of the IBC. Each grading permit application, which shall not occur unless the Developer has completed the appropriate construction plans, will include the following information: Vicinity Map. Property Limits. Accurate existing contours, two feet. Detailed plans of all surface and subsurface drainage devices. Drainage Report. Geology and soils reports

113 The site shall be graded to allow drainage to move off the site. Grading shall be planned to allow for at least two-percent grades in all areas as to minimize ponding at inlets or outlets. Additionally, grading shall be a maximum of 6% across parking areas. The maximum grade on detention ponds shall be 3:1. When situations arise that require steeper grades, the Developer shall provide for a retaining wall. Once a site plan/construction plan set for grading, drainage and erosion control has been submitted and approved, the Director will consider issuing a grading permit prior to submittal and approval of the complete public improvements construction documents. The Director has discretion to issue a grading permit before the final approval of the site and construction plans. The Developer shall submit a written request justifying the early issuance of a grading permit and explaining the basis for the request. Any such grading permit issued prior to final approval of the site and construction plans shall be at the Developer s peril, and the Town is not bound to approve any site or construction plans because of the issuance of such a permit. Furthermore, issuing of such a permit prior to final approval of the site and construction plans shall not operate as a vesting of any rights the Developer may have in the project. B. Appendix 1-H 1, Plan Review Fees, of Section I. Policy and Procedures, is hereby amended in its entirety to read as follows: Unless specified otherwise in a Franchise Agreement with the Town, the plan review fees shall be those set forth and published in the Development Services fee schedule, as it is amended from time to time. C. Appendix I-H 2, Inspection Fees, of Section I, Policy and Procedures, is hereby amended in its entirety to read as follows: Unless specified otherwise in a Franchise Agreement with the Town, the inspection fees shall be those set forth and published in the Development Services fee schedule, as it is amended from time to time. D. Section 1.2.E shall read as follows: The Town will determine necessary Fees and Surety amounts that the Developer must provide in accordance with these Regulations. These fees shall be paid by the Developer in the amounts required at the times set forth in the Development Services fee schedule, as defined in Section Additionally, at the time of permitting, a traffic control plan shall be submitted, unless the Town waives this requirement due to location of Project or size of Proj ect. B. The following sections of the Public Works Regulations are hereby rescinded: 1. The grading and erosion control notes set forth in Appendix I-D, Standard Construction Notes, or Section 1. Policy and Procedures, pages 33 through 35, inclusive

114 2. Section 2.4.3, Temporary Erosion Control, of Chapter 2 in Section II. (pages 24 and 25). 3. Section 1.3.8, Erosion and Sedimentation Control, of Chapter 10.1 in Section II (page 87) 4. Sub-Chapter 12, Erosion and Sedimentation Control from Construction Activities, from Chapter 10 of Section II, pages 140 through 142, inclusive. 5. Chapter 11, Erosion Control Criteria of Section II, pages 163 through 205, inclusive. F. The following sections of the Public Works Regulations are hereby rescinded: 1. Section 1, Appendix I-B (Standard Approval Block and Engineer Certification), Approval Block for Drainage, pages 28, inclusive. 2. Section I, Appendix I-D (Standard Construction Notes), Storm Drainage Construction Notes, pages 39, incilisive. 3. Chapter 10, Storm Drainage Design of Section II, pages 82 through 159, inclusive. 4. Chapter 12, Bridges and Major Drainage Structures of Section II, page 206, inclusive. 5. Section II, Appendix IT-A Standard Details, ST-9a Curb Inlet Type R, ST-9b Curb Inlet Type R, ST-9c Curb Inlet Type R, ST-09d Curb Inlet Type R, ST-lOa Inlet Type C, ST-lob Inlet Type C, ST-12a Sidewalk Curb Chase, ST-12b Sidewalk Curb Chase, ST-30a Roadside Ditch Sections, ST-30a Roadside Ditch Sections, ST-30b Emergency Overflow Channel (In Drainage Tract), ST-33 Trench Drain Detail, pages 20-25, 27, 28, 50, 51, and 54, inclusive. 6. Section 11 Chapter 1 section 1.3.3, Storm Sewer, in its entirety. 7. Section 11 Chapter 2 section 2.4, Drainage, in its entirety. G , Definition of Terms and Abbreviations: The following terms are amended to read as follows: Public Improvements Final Acceptance. The written notification from the Town that the Developer has fulfilled its obligation to warrant construction of the Public Improvements in compliance with these Regulations. Public Improvements Conveyance and Initial Acceptance. The Towns document by which the Town initially accepts for ownership and maintenance of the Public Improvements identified in the approved Plans and Improvement Agreement for a specific Project. The following terms are added to 1.1.3: Improvements mean the Public Improvements and the Private Improvements as authorized under a Construction Permit

115 Performance Surety means a financial instrument, as approved by the Town Attorney, securing the Permittee s responsibility to complete construction of the Improvements authorized under the Construction Permit. Record Drawings means original design construction plans with information depicting the final disposition of constructed and installed Improvements. Regional Significance means those elements of the planned infrastructure that may be necessary to provide functional phases of services. Examples would be the backbone system infrastructure that provides main trunk lines for storm water facilities to complete an outfall and provide a connection point for upstream users if so designed, storm water detention facilities which may be required to complete the system as designed, improvements to natural stream corridors that a functional development phase would require for storm water conveyance, main sewer trunk lines, main water distribution lines requiring looping to maintain adequate pressure flow as designed, streets classified as collectors or above, etc., that may be necessary to provide functional service levels for phased development within that region. Warranty Surety means a financial instrument as approved by the Town Attorney, securing Perrnittee s responsibility to maintain and repair constructed Improvements. Warranty Surety is limited to cash, cash escrow or letter of credit. The followingterm is deleted from 1.1.3; As-Built Drawings H. Section , Surety. Performance and Warranty, is amended in its entirety to read as follows: Performance and Performance Surety Performance. The Work shall be completed in accordance with these Regulations and other applicable Town Regulations prior to expiration of the Construction Permit, subject to such extensions as may be granted under Chapter of the Castle Rock Municipal Code Performance Surety. Unless otherwise specified by a Franchise Agreement with the Town or superseded by the Town s Subdivision Agreement process, a Performance Surety securing the completion of all Improvements shall be provided to the Public Works Department. The Performance Surety shall be a condition to receiving a Construction Permit. The Performance Surety amount shall be based on an Opinion of Costs, signed and stamped by a licensed professional engineer in the state of Colorado, approved by the Engineer. The amount of the Performance Surety will vary with the type of security provided, as follows:

116 Surety Type Amount of Opinion of Cost Bond 100% Letter of Credit 75% Cash/Escrow 65% For Projects deemed by the Town to be of Regional Significance or elements of the Project deemed by the Town to be of Regional Significance, Surety in the amount of 100% of the costs for such work must be provided, irrespective of the type of Performance Surety provided. Perrnittee shall have the option of providing one Performance Surety for all work, or two separate Performance Sureties for: a. Above-ground work, including but not limited to pavement, curb and gutter, sidewalk, pedestrian/bike/equestrian paths, street lighting bridges, pavement markings/signage/striping, traffic signals and related appurtenance, landscaping, and erosion control or any other facilities located above ground; and b. Below-ground work, including but not limited to over lot grading or earth excavation processes, storm drain facilities and related appurtenances, culverts, channels, water distribution or transmission facilities and related appurtenances, sanitary sewer collection facilities and related appurtenances, water and wastewater treatment facilities or any other facilities located below ground. Upon request of the Permittee, the Performance Sureties may be reduced incrementally as general phases of the Project are completed in conformance with the Plans and to the satisfaction of the Town. The Permittee must provide a revised cost estimate to the Town and other appropriate documentation along with a fee (in an amount set forth in the fee schedule approved by the Town Manager and amended from time to time) for each incremental Performance Surety reduction. The Performance Sureties shall never be reduced to less than 15% of the total estimated cost of the work as determined by the Opinion of Costs Release of Performance Surety. Release of the Performance Surety upon completion of the Project is subject to the following requirements: a. Completion of all Improvements authorized in the Construction Permit, including Punch List items; b. Receipt and approval of Record Drawings; c. Execution of the Public Improvements Conveyance and Initial Acceptance form by the Developer and Town; and d. Submittal of a Warranty Surety (see ) in an amount equal to twenty-five (25%) of the actual construction costs identified in the Public Improvements Conveyance and Initial Acceptance form

117 Upon receipt and acceptance of all aforementioned items, the Town will release the original Performance Surety and the Warranty Period (see ) shall commence , Warranty Period, is amended in its entirety to read as follows: Warranty Obligation and Warranty Surety Warranty Obligation. The Warranty Period for all Improvements shall be two years, commencing on the date that the Performance Surety is released in compliance with By acceptance of the Construction Permit, the Permittee expressly warrants and guarantees (the Warranty ): a. Complete performance of the Work in strict compliance with these Regulations and other applicable Town ordinances and regulations; and b. The Work against the following non-conforming conditions that are discovered during the Warranty Period (collectively, Defective Work ): 1. Defects in workmanship or materials. 2. Settling of fill or other excavated areas. 3. Any unauthorized deviations from the approved Plans or these Regulations. 4. Failure to barricade or provide necessary traffic control devices. 5. Failure to clean up after performance of the Work. 6. Any other violation of these Regulations or other related Town Codes. The Town will notify the Permittee of the nature of Defective Work and the repair, reconstruction, or other remedial action (the Warranty Work ). Such Warranty Work shall be completed by Permittee within 24 hours if the Defective Work is determined by the Town to create an imminent danger to the public health, safety and welfare. Nonemergency Warranty Work shall be completed within 60 calendar days after notice by Town, unless otherwise approved by the Town. Failure of Permittee to complete the Warranty Work in a timely manner shall constitute a breach of the Warranty as well as a break of any applicable Improvement Agreement and entitle the Town to call the Warranty Surety (see ) and/or enforce any contractual remedies under the Improvement Agreement. Work performed under Warranty need only be warranted until the end of the Warranty Period. In addition, if the Permittee has not completed the Warranty Work within the time frame noted herein, the Town may invoice the Permittee for all costs (billed at current Town rates) related to the Warranty Work, plus a $ administrative fee

118 Warranty Surety. Upon Town s release of the Performance Surety, in compliance with , Permittee shall submit to Town a Warranty Surety in the amount of 15% of the actual Project construction costs, as listed in the Opinion of Cost, signed and stamped by a licensed professional engineer in the State of Colorado. Provided further, the 15% Warranty Surety may be reduced during the Warranty Period to 10% if the foregoing conditions are met: a. No earlier than 10 months after the start of the Warranty Period, the Town shall inspect all Improvements related to the Project. A written Initial Punch List shall be compiled to determine the cost of Defective Work. If the cost of the Defective Work equates to less than 5% of the actual Project construction costs, the Warranty Surety may be reduced to 10% of the actual Project construction costs. The Permittee must provide a revised cost estimate to the Town and other appropriate documentation with the fee for such Surety reduction. The Warranty Surety shall never be reduced to less than 10% of the actual Project construction costs. The Warranty Surety provided to the Town shall be in the form of an irrevocable letter of credit, cash, or cash escrow. Bonds will not be accepted for a Warranty Surety. The Warranty Surety shall be retained by the Town to undertake the Warranty Work related to the Defective Work that is discovered during the Warranty Period, should the responsible party(ies) fail to timely complete the Warranty Work. Permittee s obligation to complete the Warranty Work discovered in the Warranty Period survives expiration of the Warranty Period, as does the Town s right to call the Warranty Surety to cure such defects or failures Release of Warranty Surety. The Warranty Surety shall be released upon expiration of the Warranty Period (see ) unless as of that date there is remaining outstanding Warranty Work or Final Punch list items, in which event, the Warranty Surety will be released after cure of such Defective Work. J , Final Acceptance, is amended in its entirety to read as follows: Final Acceptance. During the Warranty Period, the Developer guarantees the Work to be free of defects in workmanship and material. Ninety calendar days prior to the end of the Warranty Period, the Inspector shall inspect all Public Improvements related to the Project. If applicable, a written Final Punch List defining the Warranty Work shall be compiled listing any necessary repair or replacement of Public Improvements required. The Developer shall complete said repairs or replacement within 60 calendar days of receipt of the Final Punch List. Upon completion of the Warranty Work (Final Punch List items), the Developer shall contact the Inspector for re-inspection. Once all repair or replacement of the Final Punch List items are satisfactorily completed, the Developer shall receive written notice from the Town that all Public Improvements are complete and the Town releases the Developer from any future obligations related to [the] Project s Public Improvements. The Town will void the Warranty Surety, and return it to the Developer. (Ord , 2012)

119 Construction plan approval, expiration and extension approval. A. Construction plans shall be considered finally approved on the date shown on the construction plans as signed by the Town. Except as provided in Section below, construction plans shall expire one year from the date of approval unless: 1. A construction permit or other required permit for the work included in the construction plans has been issued by the Town; or 2. A construction plan extension request is submitted prior to the expiration date as specified and approved by the Town. B. Not more than two one-year extensions for construction plan approval may be granted administratively. Absent special circumstances, extensions will be granted with no review of the construction plans. However, if it is found that any federal, state or county requirements related to health, safety and welfare in effect at the time of application for a construction plan extension as well as Town provisions related to lot-to-lot drainage and water meter locations have not been incorporated into the plans, the applicant will be required to submit modified plans that incorporate such changes as a condition of obtaining a construction plan extension. A request for administrative extension of the construction plans shall be submitted in writing to the Public Works Department no less than 30 days prior to the expiration of the construction plans. In no event shall the plans expire before the Town acts on the extension application. C. A fee in the amount of 10% of the original plan review fee or $500.00, whichever is greater, shall be paid for each extension granted, at the time of application. D. In the event the construction plans expire before an application is submitted, the plans must be modified to conform to the current version of the Towns regulations, resubmitted to the Town and reviewed in accordance with the current Town process, including payment of all review fees at the current rates. Upon approval, the resubmitted plans shall be considered a new set of construction plans and subject to the expiration requirements and extension opportunities outlined in this Section. (Ord ,2012) Extension approval for recently approved construction plans. A. Any construction plans approved between January 1, 2008, and December 31, 2008, will be eligible for one administrative plan approval extension to December 31, The Public Works Department will accept applications for such extensions until January 31, In consideration of this extension, no further extensions shall be granted. B. Absent special circumstances, such extensions will be granted with no review of the construction plans. However, if it is found that any federal, state or county requirements related to health, safety and welfare in effect at the time of application for a construction permit as well as Town provisions related to lot-to-lot drainage and water meter locations have not been incorporated into the plans, the applicant will be required to submit modified plans that incorporate such changes as a condition of obtaining a construction permit

120 C. A fee of 10% of the original plan review fee or $500.00, whichever is greater, shall be paid for each such extension granted at the time of application. D. If an extension application for any such construction plans is not received by the Town by January 31, 2010, the plans will be considered expired and must be modified to conform to the current version of the Town s regulations, resubmitted to the Town and reviewed in accordance with the current Town process, including payment of all review fees at the current rates. Upon approval, the resubmitted plans shall be considered a new set of construction plans and subject to the expiration requirements and extension possibilities outlined in this Section. (Ord , 2012) Construction permit approval, expiration and extension approval. A. Construction permits shall be considered finally approved on the date shown on the approved construction permit application as signed by the Town. Except as provided in Section below, construction permits shall expire one year from the date of permit approval. All work covered by the construction permit shall be completed one year from the date of permit approval. 1. In the event work has not commenced within 180 days after approval of the permit, the permit shall be void. Once the permit is void, the Town will return the performance surety to the applicant, along with all permit review and inspection fees paid by the applicant, less a twohundred-fifty-dollar administrative fee. 2. If work has commenced within 180 days after approval of the permit but cannot be completed within the one-year time frame, a construction permit extension request may be submitted to the Town prior to the expiration date of the permit in accordance with this Section, for consideration by the Town. B. Not more than two one-year permit extensions may be granted administratively, subject to the following criteria: 1. The project site is in conformance with all grading and erosion control (GESC) requirements, traffic control requirements and plan requirements and construction notes; 2. The project site is in conformance with Section III, Construction Methodology and Materials, of the Town s Public Works Regulations; 3. The project site is in conformance with all Subdivision Improvement Agreement provisions and no default thereunder has been declared by the Town; and 4. There are no health, safety or welfare issues related to the site impacting the general population or the immediate neighborhood. C. A request for a construction permit extension shall be submitted in writing to the Public Works Department no less than 30 days prior to the expiration of the construction permit. A performance surety, in accordance with Section of the Public Works Regulations, shall also be submitted with the application request that expires no earlier than 90 days after the expiration date allowed by the permit extension. The permit shall not expire and work on the project may continue until the Town acts on the extension application

121 D. If the site is not in conformance with the above-listed criteria, the applicant may bring the site into conformance and reapply for a permit extension. However, the new application must be received at least 15 days prior to the expiration date of the existing permit. The permit shall not expire and work on the project may continue until the Town acts on the extension application. E. If it is found that any federal, state or county requirements related to health, safety and welfare in effect at the time of application for a construction permit extension as well as Town provisions related to lot-to-lot drainage and water meter locations have not been incorporated into the plans, the applicant will be required to submit modified plans that incorporate such changes as an additional condition of obtaining a construction permit extension. F. If the construction permit expires before an application is submitted, a new permit must be obtained from the Town, along with all applicable fees at the time of permit application. When approved, the new permit shall be slibject to the expiration and extension requirements outlined in this Section. C. A fee in the amount of 50% of the original permit inspection fee or $500.00, whichever is greater, shall be paid for each extension granted, at the time of application. (Ord ,2012) Extension approval for recently approved construction permits. A. For construction permits approved between January 1,2008, and December 31, 2008: 1. If work has not commenced on such a permit, the permit shall be void as of December 15, For these permits, the Town will return the performance surety to the applicant, along with all permit review and inspection fees paid by the applicant, less a two-hundred-fifty-dollar administrative fee. 2. If work has commenced under the permit but cannot be completed by December 31, 2009, the permit will be eligible for one administrative permit extension to December 31, In this instance, a construction permit extension request may be submitted to the Town prior to the expiration date as specified, for consideration by the Town. 3. Applications for such extensions will be accepted until January In consideration of this extension, no further extensions shall be granted. B. A construction permit extension may be granted administratively, subject to the following criteria: 1. The project site is in conformance with all grading and erosion control (GESC) requirements, traffic control requirements and plan requirements and construction notes; 2. The project site is in conformance with Section III, Construction Methodology and Materials, of the Towns Public Works Regulations; 3. The project site is in conformance with all Subdivision Lrnprovement Agreement provisions and no default thereunder has been declared by the Town; and

122 4. There are no health, safety or welfare issues related to the site impacting the general population or the immediate neighborhood. C. A performance surety, in accordance with Section of the Public Works Regulations, shall also be submitted with the application request that expires no earlier than March 31, D. If the site is not in conformance with the above-listed criteria, the applicant may bring the site into conformance and reapply for a permit extension. However, the new application must be received by December 31, The permit shall not expire and work on the project may continue until the Town acts on the extension application. E. If it is found that any federal, state or county requirements related to health, safety and welfare in effect at the time of application for a construction permit extension as well as Town provisions related to lot-to-lot drainage and water meter locations have not been incorporated into the plans, the applicant will be required to submit modified plans that incorporate such changes as an additional condition of obtaining a construction permit extension. F. A fee in the amount of 50% of the original permit inspection fee or $500.00, whichever is greater, shall be paid for each such extension granted, at the time of application. G. For those extension applications received after January 31, 2010, or those that are not approved by the Town, a new permit must be obtained from the Town, along with all applicable fees at the time of permit application. When approved, the new permit shall be subject to the expiration and extension requirements outlined in this Section. (Ord , 2012)