The Nederland Planning Commission met on Wednesday, May 24, 2023, at 7 p.m. to vote on several changes to Nederland Municipal Code (NMC), including updates to the solar code, fence code, and address
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The Nederland Planning Commission met on Wednesday, May 24, 2023, at 7 p.m. to vote on several changes to Nederland Municipal Code (NMC), including updates to the solar code, fence code, and address sign code.
The Planning Commission were tasked with voting whether to recommend Ordinance 843, which amends Chapter 16 of NMC, to remove barriers that dissuade homeowners from committing to solar energy. The changes proposed in the ordinance refer to allowing for ground-mounted solar panels to be installed closer to the edge of property lines, and allowing for a five-foot buffer above the roof line for rooftop solar panels.
The newly drafted Section 16-99 covers height limits for both ground-mounted and roof-mounted systems, lot coverage standards, and yard setbacks.
The new language reads: “Accessory ground-mounted solar energy systems must follow the setback requirements for minimum side yard setbacks and minimum rear yard setbacks of the zoning district in which the ground-mounted solar energy system is located.”
In terms of lot coverage: “accessory ground-mount solar energy systems in the form of Agri Voltaics are exempt from lot coverage standards if such systems have vegetative cover below the panels and if the system is mounted on a concrete pad.”
And in terms of height, roof-mounted systems must be as flush as possible to the roof and may exceed the height of the roofline by five feet or less, meaning solar panels on buildings that are already 35 feet tall may go as high as 40 feet. Ground-mounted systems “shall not exceed the allowed accessory height for the zoning district in which the ground-mounted system is located.”
Commissioners were in agreement that allowing for rooftop solar panel height to be up to 40 feet, therefore exceeding the Town’s strict building height limit, was a controversial issue, there were not enough buildings in town already at that 35 feet limit for there to be further debate. A motion was made, and passed, to recommend the approval of Ordinance 843.
Community Planner Britt DeMinck presented the next action item, whether to recommend Ordinance 842, amending Chapter 16 of NMC to specify fence height limits and how to accurately measure a fence, as well as indicating appropriate scenarios for when homeowners can request a variance to build a fence higher than the established limit.
On March 15, the Planning Commission suggested that additions be made to the code language of NMC 16-89. Such additions included language allowing for properties adjacent to major highways to choose to construct an eight foot fence, and language specifying a seven-foot maximum allowable fence height.
Commissioners accepted SAFEbuilt’s recommendation to measure fence height from the owner’s side of the fence, unless in the case of a joint fence where there is a difference in the ground level of less than two feet. In that case the height of the fence should be measured from the finished grade at the base of the fence on the property with the highest ground level.
Suggestions were made to allow for junkyards, as well as for properties neighboring junkyards, to be permitted to build an eight-foot fence. That language was added to the final draft of Ordinance 842, as well as a detailed description of what constitutes a junkyard.
Fire Marshal Joslin originally recommended that language be written to specify that the portion of fence near and attaching to any existing structure should be made of non-combustible or ignition-resistant materials. It was later determined, however, that the elevated cost of those materials was too high to justifiably require it in the draft language of the amended code.
A motion was made to recommend approval of Ordinance 842, which passed unanimously.
Commissioners were then faced with voting on approval of Ordinance 844, amending NMC Section 18-104, requiring homeowners to display the conforming address signage on their properties for emergency services to more accurately and quickly locate addresses.
The correct signage involves a reflective sign featuring no more than four characters of white lettering on a green background. The sign should be legible from both directions of traffic, and is to be attached to a metal T-post four to six feet above the grade or the road.
Signs can be posted onto the house itself depending on the setback of the house from the lot line, so long as it is located no more than 10 feet from the public way, and is visible from the road by 30 feet.
Fire Marshal Andrew Joslin, along with the Nederland Fire Protection District (NFPD), are asking for the Planning Commission to support the Town of Nederland updating NMC Section 18-104 with the suggested language regarding address signage in order to be consistent with International Fire Code and Boulder County Fire Code.
Joslin specified that the NFPD will be attempting public outreach within their district as well and will be working with local retailers about carrying the regulation green address signs at a fair price. The cost would be roughly $25 to $30 for the sign, though that does not include the cost of the metal T-post. Joslin also offered the ability to provide sign installation services to those who might otherwise be unable to install the signs themselves.
It was determined that the cost of being compliant to the code change would fall upon the homeowner. These requirements for property owners become effective on October 1, 2023, and anybody who fails to meet new address sign requirements will need to conform when they apply for any building permits or in the matter of a change in land ownership. All signs must conform to the regulations by October 1, 2028.
The Planning Commission voted unanimously to recommend approval of Ordinance 844.
Commissioners Linda Glasser’s and Stephanie Herring’s four-year terms are ending June 1. The deadline for applications for the vacant positions had been extended to May 31; however no other applicants, apart from Glasser and Herring themselves, have submitted. With only two applicants for two open positions, the reappointment of Glasser and Herring will most likely be approved by the Nederland Board of Trustees on June 6 on their consent agenda.
Town Administrator Dr. Miranda Fisher provided the group with a Town Staff Report, which noted a Compensation Study being conducted, to analyze municipal job descriptions to see where Nederland falls on the spectrum of fair compensation when compared to other mountain communities.
Fisher spoke on attending the Denver Regional Council of Government’s small communities meeting and about having connected with a grant navigator who may be able to assist in obtaining bipartisan infrastructure funding to fund projects like the secondary bridge project and the construction of the Big Springs egress route.
It was noted that the number of residents having completed the community survey concerning the Housing Needs Assessment rose from 27 people to 66, from May 6 to May 24. Testimonial videos on the different perspectives of those affected by Nederland’s lack of affordable housing have been filmed by Town staff and feature members of Town staff, government, and of the public. The videos will be edited and posted soon.
The contract with Boulder County Sheriff’s Department to provide full-time law enforcement has been signed, meaning the recruitment process for a dedicated sergeant and deputies has begun. It also allows covering officers to write speeding tickets and enforce NMC.
Nederland’s Police Clerk, Troy Hendricks, is now the acting Emergency Manager for the Town. Hendricks has completed the basic academy in just three weeks and is poised to move onto the FEMA command academy in order to be certified to handle all of Nederland’s disaster situations.
Fisher also mentioned that the Utilities Department will be working on fire hydrant flushing in coming weeks. Utilities has been working on sewage line inspections, having completed 20% of the lines so far and indicating that 10% of those lines will require repairs.
The Nederland Planning Commission meets the fourth Wednesday of every month. Their next meeting is scheduled for June 21, 2023, at 7 p.m. Meetings can be attended online. For more information go to: https://townofnederland.colorado.gov/ planning-commission.