Timnath adds vinyl to permitted fence materials in land use code update

Timnath Town Council adopted on second reading an update to its Land Use Code that adds vinyl as a permitted fence material, requires neighborhood meeting notices to list the property owner's or applicant's name, address and phone number, and sets six lots as the line between minor and major subdivisions. The council acted Oct. 27 after a public hearing at which no one had signed up to speak.

The staff report says adding vinyl responds to the adopted Colorado Wildfire Resiliency Code. A staff member said the code identifies vinyl as an exempt material within the ignition zone, or 8 feet. The staff member said the understanding is that vinyl would "melt or fall to the ground. It does not combust or create the ability to create a fuse or igniter for those other structures." Fencing within 8 feet of a structure covered by the adopted building code, or up to a closer property line, must use non-combustible or ignition-resistant materials, the staff member said.

A council member asked whether a metro district could prohibit a fire-resistant fence material that complied with Town requirements. A staff member said a metro district could not allow fencing that fell short of those building-code requirements. Homeowners associations or metro districts may have covenants more restrictive than the Town's Land Use Code, the staff member said. Another staff member said whether covenants could require a material the town code prohibits would depend on the specific covenants, and said they did not think covenants could require something the code prohibits.

Council Member Dennis Strachota asked whether Timnath applies wildfire classes more broadly than state law requires. A staff member said Timnath exceeds state requirements by applying at least Class 1 throughout the town, except in areas classified as Class 2. Staff recommended that approach because the added costs and impacts of Class 1 compared with no classification were relatively small, the staff member said. A staff member also said, "I think in the interest of protecting Current residents and future, I think it's our best pathway forward is to maintain that Class One as a minimum standard." The staff member cited the Marshall Fire's start in an undeveloped urban-wildfire interface and the burning of structures in Superior and Louisville.

Neighborhood meeting notices must now include the property owner's or applicant's name, address and phone number. A staff member said the address-and-phone requirement gives residents a way to contact the property owner or applicant without making email addresses public, addressing concerns about phishing attempts in Northern Colorado municipalities. A staff member said the current code "does not clearly specify the type of contact information what must be provided."

The amendment also removes public right-of-way dedication as a factor distinguishing minor from major subdivisions. Subdivisions with six or fewer lots are minor, and those with seven or more are major. Outlots dedicated to public open space or utility purposes are excluded from the lot count for the minor-subdivision threshold. The staff report says the change reflects the requirement for residential subdivisions to provide access to a public street, and that right-of-way dedication is addressed in Article 6 of the Land Use Code.

Administrative plats may now be used to adjust the configuration and location of platted easements on recorded plats. An administrative plat cannot change an easement or right-of-way held by the Town or dedicated to public use, but may update a plat to remove an easement or right-of-way separately vacated by the relevant government or to add an easement separately dedicated. An existing easement may be altered, relocated, reduced or vacated only with the written consent of its holder.

The ordinance took effect upon adoption at second reading on Oct. 27. A staff member said the amendments were brought forward primarily to improve the clarity and efficiency of Land Use Code review processes.