HomeMy WebLinkAboutArticle 14 PC Review Draft REDLINE
ULUR 2008
GARFIELD COUNTY, COLORADO
Article 14: Areas and Activities of State Interest
PLANNING COMMISSION
REVIEW DRAFT
MARCH 13, 2013
REDLINE
Article 14
Areas and Activities of State Interest
Table of Contents
DIVISION 1 GENERAL 6
14-101 PURPOSE AND INTENT. 6
14-102 AUTHORITY AND SEVERABILITY. 6
A. Authority. 6
B. Severability. 6
14-1
03 APPLICABILITY. 6
A. Designations in effect as of the date of these Regulations are as follows: 6
SECTION 14-104 EXEMPTIONS. 7
A. Statutory Exemptions. 7
14-105 INTERPRETATION WITH
STATUTES, OTHER ENACTMENTS AND COMPREHENSIVE PLAN. 7
A. Enactments and Intergovernmental Agreements. 7
B. Statutory Criteria More Stringent. 7
C. Statutory Criteria Less Stringent. 7
D. Compliance
with Other Applicable County, State and Federal Requirements. 8
E. Compliance with These Regulations. 8
F. No Intent to Conflict. 8
14-106 PERMIT REQUIRED. 8
A. Permit Authority. 8
B. Permit
Required Prior to Engaging in Designated Activity or Development in Designated Area. 8
C. Permit or Finding of No Significant Impact Required Prior to Development Approval by the County. 8
D. Term
of Permit. 8
E. Renewal. 8
F. Permit Not A Site Specific Development Plan. 9
DIVISION 2 DESIGNATION OF AREAS AND ACTIVITIES OF STATE INTEREST…………………………………………………………………………………………..…….9
14-201
APPLICABILITY OF DESIGNATION PROCESS. 9
14-202 INITIATION OF DESIGNATION REQUEST. 9
14-203 DESIGNATION PROCESS 9
A. Public Hearing by Board. 9
B. Matters to be Considered at Designation
Hearing. 9
C. Adoption of Designation and Regulations. 9
D. Record of Designation Proceedings. 10
E. Recordation with County Clerk. 10
F. Effect of Designation – Moratorium Until Final
Determination. 10
DIVISION 3 REVIEW PROCESS FOR PERMIT TO ENGAGE IN AN ACTIVITIY OF STATE INTEREST OR DEVELOPMENT IN AN AREA OF STATE INTEREST. 10
14-301 COMMON REVIEW PROCEDURES 10
A. Consultants.
10
B. Pre-Application Conference. 10
C. Determination of Level of Permit Review. 11
D. Reconsideration of Planning Director’s Determination of Level of Permit Review. 12
E. Change in
Level of Permit Review. 12
F. Notice of Public Hearing. 12
G. Determination of Completeness. 13
H. Evaluation by Director/Staff Review. 13
14-302 MINOR PERMIT REVIEW PROCESS. 13
A. Outline
of Process. 13
B. Review Process. 14
14-303 MAJOR PERMIT REVIEW PROCESS. 14
A. Outline of Process. 14
B. Review Process. 14
14-304 PERMIT AMENDMENTS AND TECHNICAL REVISIONS. 16
A. Technical
Revisions. 16
B. Process for Permit Amendments. 16
C. Reconsideration of Director’s Determination of Whether Change is a Permit Amendment or a Technical Revision. 16
DIVISION 4 PERMIT
APPLICATION SUBMITTAL REQUIREMENTS 17
14-401 DESCRIPTION OF SUBMITTAL REQUIREMENTS. 17
A. Application Fees. 17
B. Application Form. 17
C. Information Describing the Project. 18
D. Property
Rights, Permits and Other Approvals. 18
E. Description of Technical and Financial Feasibility of the Project. 18
F. Socioeconomic Impacts. 19
G. Environmental Impacts. 20
H. Hazardous
Materials Description. 22
I. Monitoring and Mitigation Plan. 22
J. Additional Information May Be Necessary. 23
14-402 ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO DEVELOPMENT IN
AREAS AROUND RAPID OR MASS TRANSIT FACILITIES. 23
A. Traffic Relationships. 23
B. Traffic Generation. 23
C. Traffic Impacts. 23
D. Traffic Access. 23
14-403 ADDITIONAL SUBMITTAL REQUIREMENTS
APPLICABLE TO ARTERIAL HIGHWAYS, INTERCHANGES AND COLLECTOR HIGHWAYS. 23
A. Traffic Patterns. 23
B. Surrounding Land Uses. 23
C. Traffic Demands. 23
D. Compliance. 23
14-404 ADDITIONAL
SUBMITTAL REQUIREMENTS FOR FIXED GUIDEWAYS. 24
A. Type of Motive Power. 24
B. Minimum and Optimum Width of ROW. 24
C. Minimum and Maximum Passenger Capacity. 24
D. Maximum Length of
Any Trail. 24
E. Maximum Proposed Grade. 24
F. Building or Structure Removal. 24
G. Methods Planned to Prevent Collision. 24
14-405 ADDITIONAL SUBMITTAL REQUIREMENTS FOR STATIONS AND
TERMINALS. 24
A. Type of Mechanical Transit Conveyance. 24
B. Analysis of Passengers. 24
C. Anticipated Schedule. 25
D. Maximum Length of Any Train. 25
E. Basic Floor Plan and Architectural
Sketches. 25
F. Map of All Associated Roadways, Parking Areas and Other Facilities. 25
14-406 ADDITIONAL SUBMITTAL REQUIREMENTS FOR TPUD IN AREAS AROUND MASS TRANSIT STATIONS OR TERMINALS. 25
A. Gen
eral Nature of Development. 25
B. Location of Proposed Development. 25
C. Traffic Generation. 25
D. Access to Development. 26
E. Provision of Commercial Services. 26
F. Proposed Residential
Uses. 26
G. Proposed Commercial Uses. 26
H. Pedestrian and Bicycle Routes. 26
DIVISION 5 PERMIT APPROVAL STANDARDS 28
14-501 GENERAL APPROVAL STANDARDS. 28
A. Necessary Permits Will
Be Obtained. 28
B. Expertise and Financial Capability. 29
C. Technical and Financial Feasibility. 29
D. Risk From Natural Hazards. 29
E. Consistent Plans. 29
F. Effect on Local Government
Services. 29
G. Housing. 29
H. Financial Burden. 29
I. Effect on Economy. 29
J. Recreational Experience. 29
K. Conservation. 29
L. Natural Environment. 29
M. Nuisance. 30
N. Areas of
Paleontological, Historic or Archaeological Importance. 30
O. Release of Hazardous Materials. 30
P. Benefits Versus Loss of Resources. 30
Q. Best Alternative. 30
R. Project Need. 30
S. Financial
Guarantee. Error! Bookmark not defined.
14-502 ADDITIONAL STANDARDS APPLICABLE TO RAPID OR MASS TRANSIT FACILITIES………… 30
A. Areas Around Rapid or Mass Transit. 30
B. Site Selection. 30
14-503
ADDITIONAL STANDARDS APPLICABLE TO AREAS AROUND ARTERIAL HIGHWAYS, INTERCHANGES AND COLLECTOR HIGHWAYS. 32
A. Areas Around Arterial Highways, Interchanges and Collectors. 32
B. Site
Selection. 32
DIVISION 6 PERMIT ADMINISTRATION AND ENFORCEMENT 40
14-601 NFORCEMENT AND PENALTIES. 40
A. Enjoinment. 40
B. Material Changes in the Construction or Operation. 40
14-602
PERMIT SUSPENSION OR REVOCATION. 40
A. Temporary Suspension. 40
B. Revocation. 40
14-603 TRANSFER OF PERMITS. 40
14-604 INSPECTION. 40
14-605 JUDICIAL REVIEW. 40
G. Determination of Completeness. 13
H. Evaluation by Director/Staff Review. 13
14-302 MINOR PERMIT REVIEW PROCESS. 13
A. Outline of Process. 13
B. Review Process. 14
14-303 MAJOR
PERMIT REVIEW PROCESS. 14
A. Outline of Process. 14
B. Review Process. 14
14-304 PERMIT AMENDMENTS AND TECHNICAL REVISIONS. 16
A. Technical Revisions. 16
B. Process for Permit Amendments. 16
C. Reco
nsideration of Director’s Determination of Whether Change is a Permit Amendment or a Technical Revision. 16
DIVISION 4 PERMIT APPLICATION SUBMITTAL REQUIREMENTS 17
14-401 DESCRIPTION
OF SUBMITTAL REQUIREMENTS. 17
A. Application Fees. 17
B. Application Form. 17
C. Information Describing the Project. 18
D. Property Rights, Permits and Other Approvals. 18
E. Description
of Technical and Financial Feasibility of the Project. 18
F. Socioeconomic Impacts. 19
G. Environmental Impacts. 20
H. Hazardous Materials Description. 22
I. Monitoring and Mitigation
Plan. 22
J. Additional Information May Be Necessary. 23
14-402 ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO DEVELOPMENT IN AREAS AROUND RAPID OR MASS TRANSIT FACILITIES. 23
A. Traffic
Relationships. 23
B. Traffic Generation. 23
C. Traffic Impacts. 23
D. Traffic Access. 23
14-403 ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO ARTERIAL HIGHWAYS, INTERCHANGES AND COLLECTOR
HIGHWAYS. 23
A. Traffic Patterns. 23
B. Surrounding Land Uses. 23
C. Traffic Demands. 23
D. Compliance. 23
14-404 ADDITIONAL SUBMITTAL REQUIREMENTS FOR FIXED GUIDEWAYS. 24
A. Type of
Motive Power. 24
B. Minimum and Optimum Width of ROW. 24
C. Minimum and Maximum Passenger Capacity. 24
D. Maximum Length of Any Trail. 24
E. Maximum Proposed Grade. 24
F. Building or
Structure Removal. 24
G. Methods Planned to Prevent Collision. 24
14-405 ADDITIONAL SUBMITTAL REQUIREMENTS FOR STATIONS AND TERMINALS. 24
A. Type of Mechanical Transit Conveyance. 24
B. Analysis
of Passengers. 24
C. Anticipated Schedule. 25
D. Maximum Length of Any Train. 25
E. Basic Floor Plan and Architectural Sketches. 25
F. Map of All Associated Roadways, Parking Areas and
Other Facilities. 25
DIVISION 1 GENERAL 6
14-101 PURPOSE AND INTENT. 6
14-102 AUTHORITY AND SEVERABILITY. 6
A. Authority. 6
B. Severability. 6
14-103 APPLICABILITY. 6
A. Designations in effect as of
the date of these Regulations are as follows: 6
SECTION 14-104 EXEMPTIONS. 7
A. Statutory Exemptions. 7
14-105 INTERPRETATION WITH STATUTES, OTHER ENACTMENTS AND COMPREHENSIVE PLAN. 7
A. Enactments
and Intergovernmental Agreements. 7
B. Statutory Criteria More Stringent. 7
C. Statutory Criteria Less Stringent. 7
D. Compliance with Other Applicable County, State and Federal Requirements. 8
E. Co
mpliance with These Regulations. 8
F. No Intent to Conflict. 8
14-106 PERMIT REQUIRED. 8
A. Permit Authority. 8
B. Permit Required Prior to Engaging in Designated Activity or Development
in Designated Area. 8
C. Permit or Finding of No Significant Impact Required Prior to Development Approval by the County. 8
D. Term of Permit. 8
E. Renewal. 8
F. Permit Not A Site Specific
Development Plan. 9
DIVISION 2 DESIGNATION OF AREAS AND ACTIVITIES OF STATE INTEREST…………………………………………………………………………………………..…….9
14-201 APPLICABILITY OF DESIGNATION PROCESS. 9
14-202 INITIATION
OF DESIGNATION REQUEST. 9
14-203 DESIGNATION PROCESS 9
A. Public Hearing by Board. 9
B. Matters to be Considered at Designation Hearing. 9
C. Adoption of Designation and Regulations. 9
D. Record
of Designation Proceedings. 10
E. Recordation with County Clerk. 10
F. Effect of Designation – Moratorium Until Final Determination. 10
DIVISION 3 REVIEW PROCESS FOR PERMIT TO ENGAGE
IN AN ACTIVITIY OF STATE INTEREST OR DEVELOPMENT IN AN AREA OF STATE INTEREST. 10
14-301 COMMON REVIEW PROCEDURES 10
A. Consultants. 10
B. Pre-Application Conference. 10
C. Determination
of Level of Permit Review. 11
D. Reconsideration of Planning Director’s Determination of Level of Permit Review. 12
E. Change in Level of Permit Review. 12
F. Notice of Public Hearing. 12
G. Determin
ation of Completeness. 13
H. Evaluation by Director/Staff Review. 13
14-302 MINOR PERMIT REVIEW PROCESS. 13
A. Outline of Process. 13
B. Review Process. 14
14-303 MAJOR PERMIT REVIEW
PROCESS. 14
A. Outline of Process. 14
B. Review Process. 14
14-304 PERMIT AMENDMENTS AND TECHNICAL REVISIONS. 16
A. Technical Revisions. 16
B. Process for Permit Amendments. 16
C. Reconsideration
of Director’s Determination of Whether Change is a Permit Amendment or a Technical Revision. 16
DIVISION 4 PERMIT APPLICATION SUBMITTAL REQUIREMENTS 17
14-401 DESCRIPTION OF SUBMITTAL
REQUIREMENTS. 17
A. Application Fees. 17
B. Application Form. 17
C. Information Describing the Project. 18
D. Property Rights, Permits and Other Approvals. 18
E. Description of Technical
and Financial Feasibility of the Project. 18
F. Socioeconomic Impacts. 19
G. Environmental Impacts. 20
H. Hazardous Materials Description. 22
I. Monitoring and Mitigation Plan. 22
J. Additional
Information May Be Necessary. 23
14-402 ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO DEVELOPMENT IN AREAS AROUND RAPID OR MASS TRANSIT FACILITIES. 23
A. Traffic Relationships. 23
B. Traffic
Generation. 23
C. Traffic Impacts. 23
D. Traffic Access. 23
14-403 ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO ARTERIAL HIGHWAYS, INTERCHANGES AND COLLECTOR HIGHWAYS. 23
A. Traffic
Patterns. 23
B. Surrounding Land Uses. 23
C. Traffic Demands. 23
D. Compliance. 23
14-404 ADDITIONAL SUBMITTAL REQUIREMENTS FOR FIXED GUIDEWAYS. 24
A. Type of Motive Power. 24
B. Minimum
and Optimum Width of ROW. 24
C. Minimum and Maximum Passenger Capacity. 24
D. Maximum Length of Any Trail. 24
E. Maximum Proposed Grade. 24
F. Building or Structure Removal. 24
G. Methods
Planned to Prevent Collision. 24
14-405 ADDITIONAL SUBMITTAL REQUIREMENTS FOR STATIONS AND TERMINALS. 24
A. Type of Mechanical Transit Conveyance. 24
B. Analysis of Passengers. 24
C. Anticipated
Schedule. 25
D. Maximum Length of Any Train. 25
E. Basic Floor Plan and Architectural Sketches. 25
F. Map of All Associated Roadways, Parking Areas and Other Facilities. 25
14-406 ADDITIONAL
SUBMITTAL REQUIREMENTS FOR TPUD IN AREAS AROUND MASS TRANSIT STATIONS OR TERMINALS. 25
A. General Nature of Development. 25
B. Location of Proposed Development. 25
C. Traffic Generation. 25
D. Access
to Development. 26
E. Provision of Commercial Services. 26
F. Proposed Residential Uses. 26
G. Proposed Commercial Uses. 26
H. Pedestrian and Bicycle Routes. 26
DIVISION 5 PERMIT APPROVAL
STANDARDS 28
14-501 GENERAL APPROVAL STANDARDS. 28
A. Necessary Permits Will Be Obtained. 28
B. Expertise and Financial Capability. 29
C. Technical and Financial Feasibility. 29
D. Risk
From Natural Hazards. 29
E. Consistent Plans. 29
F. Effect on Local Government Services. 29
G. Housing. 29
H. Financial Burden. 29
I. Effect on Economy. 29
J. Recreational Experience. 29
K. Conservat
ion. 29
L. Natural Environment. 29
M. Nuisance. 30
N. Areas of Paleontological, Historic or Archaeological Importance. 30
O. Release of Hazardous Materials. 30
P. Benefits Versus Loss
of Resources. 30
Q. Best Alternative. 30
R. Project Need. 30
S. Financial Guarantee. Error! Bookmark not defined.
14-502 ADDITIONAL STANDARDS APPLICABLE TO RAPID OR MASS TRANSIT FACILITIES………… 30
A.
Areas Around Rapid or Mass Transit. 30
B. Site Selection. 30
14-503 ADDITIONAL STANDARDS APPLICABLE TO AREAS AROUND ARTERIAL HIGHWAYS, INTERCHANGES AND COLLECTOR HIGHWAYS. 32
A. Areas
Around Arterial Highways, Interchanges and Collectors. 32
B. Site Selection. 32
DIVISION 6 PERMIT ADMINISTRATION AND ENFORCEMENT 40
14-601 NFORCEMENT AND PENALTIES. 40
A. Enjoinment. 40
B. Material
Changes in the Construction or Operation. 40
14-602 PERMIT SUSPENSION OR REVOCATION. 40
A. Temporary Suspension. 40
B. Revocation. 40
14-603 TRANSFER OF PERMITS. 40
14-604 INSPECTION. 40
14-605
JUDICIAL REVIEW. 40
(This Page Left Blank Intentionally)
ARTICLE 14: AREAS AND ACTIVITIES OF STATE INTEREST
DIVISION 1. GENERAL.
14-101. PURPOSE AND INTENT.
The purpose of this Article is to facilitate the identification, designation, and
administration of matters of state interest consistent with the statutory requirements and the criteria set forth in § Section 24-65.1-101, et seq., C.R.S.
14-102. AUTHORITY AND SEVERABILITY.
Authority.
This Code is authorized by, inter alia, §§ Section 24 65.1 101, et. seq.; Section 30-28-101, et. seq.; Section 30-28-201, et. seq.; Section 29-20-101, et. seq.; and Section
24 32 111, C.R.S.
Severability.
If any section, subsection, sentence, clause, or phrase of this Code is, for any reason, held to be invalid or unconstitutional by a court of law, such
decision shall not affect the validity of this Codeese Regulations as a whole or any part other than the part declared invalid.
14-103. APPLICABILITY.
This Codeese Regulations shall
apply to the designation and regulation of any area or activity of Sstate interest wholly or partially in the unincorporated areas of Garfield County, whether on public or private land,
that has been or may hereafter be designated by the BOCC. Designations in effect as of the date of this Codethese Regulations are as follows:
Areas of State Interest.
The outer extremities
of the Imaginary Surfaces for the particular Airport or Heliport.
If the Noise Impact Boundary extends beyond the outer extremities of the Imaginary Surfaces, the Imaginary Surfaces
shall be extended to incorporate the Noise Impact Boundary for purposes of this Code.
All lands, water, airspace, or portions thereof which are located within these boundaries or surfaces.
For
Airport or Heliport location or expansion.
Activities of State Interest.
Efficient uUtilization of mMunicipal and iIndustrial wWater Projects.
Site selection and development of Ssolid
Wwaste Ddisposal Ssites except those Ssites specified in § section 25-11-203 (1), C.R.S., Ssites designated pursuant to Ppart 3 of Aarticle 11 of Ttitle 25, C.R.S., and hazardous waste
disposal Ssites, as defined in § 25-15-200.3, C.R.S.;
Site selection and construction of major new domestic water and sewage treatment systems and major extension of existing domestic
water and sewage treatment systems;
Site sSelection and cConstruction for Arterial Hhighways, interchanges, and collector highways.
Site selection and construction for Rrapid or Mmass Ttransit terminals, stations, or guideways.
Areas around Rrapid or Mmass Ttransit terminals, stations, or guideways.
SECTION 14-104. EXEMPTIONS.
St
atutory Exemptions.
This Code shall not apply to any development in an area of Sstate interest or any activity of Sstate interest if any one of the following is true:
As of May 17,
1974,
The specific development or activity was covered by a current Bbuilding Ppermit issued by the County; or
The specific development or activity was directly approved by the electorate
of the Sstate or the County, provided that approval by the electorate of any bond issue by itself shall not be construed as approval of the specific development or activity; or
The specific
development or activity is on land which has been finally approved, with or without conditions, for planned unit development or land use similar to a planned unit development; or
The
specific development or activity is on land which was either zoned or rezoned in response to an application which specifically contemplated said specific development or activity.
Specific
Exemptions.
This Codeese Regulations shall not apply to a Project proposing development in the area around an Airport or Heliport if the Proposed Project meets all of the following
criteria:
All buildings and structures are less than 35 feet in height; and
All proposed development occurs on property located entirely outside the Approach Surface; and
The proposed
development does not involve industrial, mining, or similar uses that emit smoke, dust, or steam; sanitary landfills or water impoundments; or radio, radiotelephone, television or similar
transmission facilities, or electrical transmission lines; and
The proposed development does not involve the creation of Wwetlands or Wwetland mitigation, enhancement, or restoration.
14-105 INTERPRE
TATION WITH STATUTES, OTHER ENACTMENTS, AND COMPREHENSIVE PLAN.
Enactments and Intergovernmental Agreements.
Whenever the provisions of this Codeese Regulations are found to be inconsistent
with any other resolution, ordinance, code, regulation, or intergovernmental agreement, the enactment imposing the more restrictive standards or requirements shall control.
Statutory
Criteria More Stringent.
If this Code isese Regulations are found to be less stringent than the statutory criteria for administration of matters of Sstate interest set forth in §§
Sections 24 65.1 202 and 24-65.1-204, C.R.S., the statutory criteria shall control.
Statutory Criteria Less Stringent.
If this Code is ese Regulations are found to be more stringent than the statutory criteria for administration of matters of Sstate interest set forth
in §§ Sections 24 65.1 202 and 24 65.1-204, C.R.S., this Codeese Regulations shall control pursuant to the authority of § Section 24 65.1 402(3), C.R.S.
Compliance with Other Applicable
County, State and Federal Requirements.
Nothing in this Codeese Regulations exempts an Aapplicant from compliance with any other applicable County requirements or other Sstate, Ffederal,
or local requirements.
Compliance with These Regulations.
No Ffederal, Sstate, or local approval to carry out a development or activity shall preempt or otherwise obviate the need
to comply with this Codeese Regulations.
No Intent to Conflict.
This Codeese Regulations shall not be applied to create an operational conflict with any Sstate or Ffederal law or
regulations.
Coordinated Review and Permitting. Any Aapplicant for a Ppermit under this Codeese Regulations that is also subject to the regulations of other Sstate or Ffederal agencies
may request that the County application and review process be coordinated with that of the other agency. The County will attempt to eliminate redundant application submittal requirements
and will coordinate its review of the application with that of other agencies as appropriate.
Coordinated Permit Conditions. The County, to the extent practicable, will attempt to coordinate
the terms and conditions of approval, with that of other agencies as appropriate.
14-106 PERMIT REQUIRED.
Permit Authority.
The BOCC shall serve as the Permit Authority. The Permit
Authority shall exercise all powers and duties granted it by this Codeese Regulations.
Permit Required Prior to Engaging in Designated Activity or Development in Designated Area.
No
person may engage in a designated activity of Sstate interest, or engage in development in an area of Sstate interest without first obtaining either a Permit or a Finding of No Significant
Impact under ththis Code ese Regulations for aAreas and aActivities of State iInterest.
Permit or Finding of No Significant Impact Required Prior to Development Approval by the County.
No development approval shall be issued by the County for a designated activity of Sstate interest or for development in a designated area of Sstate interest without the Aapplicant
having first obtained a Finding of No Significant Impact or a Permit under this Codeese Regulations for aAreas and aActivities of State iInterest.
Term of Permit.
Approval of a Permit
shall lapse after 12 months, unless:
Activities described in the Permit have substantially commenced; or
The BOCC specifies a different time period in which Bbuilding Ppermits must be obtained or activities must commence in its action, in the BOCC’sBoard’s resolution granting or denying
the Permit.
Renewal.
Permits issued under this Codeese Regulations may be renewed following the same procedure for approval of new Ppermits set forth in Division 4 of this Codeese
Regulations. The BOCC may impose additional conditions at the time of renewal if necessary to ensure that the Project will comply with this Codeese Regulations.
Permit Not A Site Specific
Development Plan.
Permits issued under this Codeese Regulations shall not be considered to be a Site Specific Development Plan and no statutory vested rights shall inure to such Permit.
DIVISION
2 DEFINITION OF WORDS AND TERMS
SECTION 14-201 DEFINITIONS.
The words and terms used in these Regulations for Areas and Activities of State Interest shall have the meanings set forth
below. Where there is a conflict between these definitions and the definitions contained in Article XVI, Definitions of this Code, these definitions shall control for purposes of this
Article XIV.
Adverse. Unfavorable, harmful.
Affected Party. Any person with an interest in the outcome of the permit decision for the Proposed Project.
Airport. The area comprising
land used by aircraft for taking off and landing, together with all adjacent land and facilities used in connection with aircraft and flight operations, existing and proposed.
1. Airports,
Publicly Owned. The area comprising Airports owned by a public agency such as the County or a municipal government.
Airport Elevation. The highest point of an airport's usable runway,
measured in feet above mean sea level.
Airport Imaginary Surfaces. Imaginary areas in space and on the ground, defined by FAR Part 77, which are established in relation to the Airport
and its runways. Imaginary areas are defined by the Primary Surface, Runway Protection Zone, Approach Surface, Horizontal Surface, Conical Surface and Transitional Surface.
1. Primary
Surface. A surface longitudinally centered on a runway with dimensions as specified by FAR Part 77.
2. Runway Protection Zone (RPZ). An area off the runway end used to enhance the
protection of people and property on the ground. The RPZ is trapezoidal in shape and centered about the extended runway centerline. The dimensions are specified in FAA Advisory Circular
150/5300-13.
3. Approach Surface. A surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. Dimensions
are defined by FAR Part 77. The Approach Surface is sometimes designated as the “Approach Zone”.
4. Horizontal Surface. A horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center
of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is defined by FAR Part 77.
5. Conical
Surface. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.
6. Transitional Surface.
Those surfaces that extend upward and outward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each foot
vertically from the sides of the primary and approach surfaces to the point of intersection with the horizontal and conical surfaces. Transitional surfaces for those portions of the
precision approach surfaces which project through and beyond the limits of the conical surface extend a distance of 5,000 feet measured horizontally from the edge of the approach surface
and at a 90 degree angle to the extended runway centerline.
Airport or Heliport Impact Areas.
1. Direct Impact Area. The area located within 5,000 feet of an Airport runway or 2,000
feet of a Heliport, excluding lands within the Runway Protection Zone and Approach Surface. The Direct Impact Area is sometimes designated as the “Flight Pattern Area".
2. Secondary
Impact Area. The area located between 5,000 and 10,000 feet from an Airport runway or between 2,000 and 4,000 from a Heliport.
Airport Reference Code. A code comprised of the Aircraft
Approach Category and the Airplane Design Group as defined in FAA Advisory Circular 150/5300-13.
Airport Sponsor. The owner, manager, or other person or entity designated to represent
the interests of an airport.
Area Around a Rapid or Mass Transit Facility. An area immediately and directly affected by a rapid or mass transit facility as defined herein.
Arterial
Highway. Any limited access highway that is part of the federal-aid interstate system or any limited-access highway constructed under the supervision of the Colorado Department of Transportation.
B
oard. BOCCof County Commissioners of Garfield County.
Building Restriction Line. A line which identifies suitable building area locations.
Code, or Land Use Code. The Garfield County
Land Use Resolution.
Designation. That legal procedure specified by §§ 24-65.1-401, -402, -406, C.R.S., for designating matters of state interest. It also includes the revocation
and amendment of such designations.
Development Area. Those geographic areas within the County which will be developed or altered directly by construction or operation of the Project.
Environment. All natural physical
and biological attributes and systems including the atmosphere, climate, geology, soils, groundwater, surface water, wetlands, vegetation, animal life, physical features, natural hazards,
topography and aesthetics.
FAA. The Federal Aviation Administration.
FAA's Technical Representative. The federal agency providing the FAA with expertise on wildlife and bird strike
hazards as they relate to airports. This may include, but is not limited to, the USDAAPHIS-Wildlife Services.
Fixed Guideway. A transportation facility consisting of a separate right-of-way
or rail line for the exclusive use of rapid or mass transit vehicles.
Hazard. As it relates to Airport and Heliport operations, the term hazard shall include any structure, object
of natural growth, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or heliport, or is otherwise hazardous to such
landing or takeoff of aircraft.
1. As it relates to bird strike hazards, the term "significant hazard" means a level of increased flight activity by birds across an Approach Surface
or runway that is more than incidental or occasional, considering the existing ambient level of flight activity by birds in the vicinity.
Height. The highest point of a structure or
tree, plant or other object of natural growth, measured from mean sea level.
Heliport. The area of land, water or a structure used or intended to be used for the landing and takeoff
of helicopters, together with appurtenant buildings and facilities.
1. Heliports, Publicly Owned. The area comprising Heliports owned by a public agency such as the County or a municipal
government.
Helistop. A minimally developed heliport for landing and discharging passengers or cargo not intended for refueling or maintaining itinerant helicopters.
Highway. State
and federal highways and major county arterials.
Highway, Arterial. A principal arterial road as defined in the Garfield County Road and Bridge Design and Construction Standards that
has an average daily traffic count of 5000 or greater.
Highway, Collector. An arterial road as defined in the Garfield County Road and Bridge Design and Construction Standards that
has an average daily traffic count of at least 2500 but not more than 4999.
Itinerant Aircraft. Shall mean and include any aircraft using the Airport, the operator of which has not
entered into a lease agreement or other special agreement for a period of less than thirty (30).
Impact Area (Project). Those geographic areas, including the Development Area, in
which any impacts are likely to be caused by the Project.
Interchange. The intersection of two or more highways, roads, or streets, at least one of which is an arterial highway where there is direct access to and from the arterial highway.
Landing
Strip. A minimally developed airport for landing and discharging passengers or cargo not intended for refueling or maintaining itinerant t aircraft.
Ldn. Day Night Level (DNL/LDN).
A 24-hour average noise level with a 10-decibel (dB) penalty for nighttime.
Mass Transit. A coordinated system of one or more transit modes providing regular transportation to the
general public including, but not limited to, bus or rapid transit but not including charter, school bus or sightseeing transportation.
Mass Transit Facility. A station or terminal
constructed to provide and facilitate passenger access and egress to a rapid or mass transit system, fixed guideways, dedicated highway lanes restricted to use by only mass transit vehicles,
restricted dedicated flyovers and restricted dedicated access to terminals or stations, or highway access and egress facilities restricted to use only by mass transit vehicles.
Mass
Transit System. A transportation system providing regular transportation to the general public over one or more transit modes including, but not limited to, bus and rapid transit but
not including charter, school bus or sightseeing transportation.
Matter of State Interest. An area or an activity of state interest, or both, as listed in §§ 24-65.1-201 and 203, C.R.S.
Mitigation
. An action that will have one or more of the following effects:
Avoiding an impact by not taking a certain action or parts of an action.
Minimizing impacts by limiting the degree
or magnitude of the action or its implementation.
Rectifying the impact by repairing, rehabilitating or restoring the impact area, facility or service.
Reducing or eliminating the impact
over time by preservation and maintenance operations.
Compensating for the impact by replacing or providing suitable biological and physical conditions and by replacing or providing
suitable services and facilities.
Net Effect. The impact of an action after mitigation.
Noise Impact Boundary. The areas within 1,500 feet of an airport runway or within established
noise contour boundaries exceeding 55 Ldn.
Obstruction. Any structure or tree, plant or other object of natural growth, that penetrates an imaginary surface.
Permit. A permit for
development in areas of state interest or for an activity of state interest, issued by the BOCC pursuant to this Article XVII.
Permit Authority. The BOCC, or its designee.
Project or Proposed Project. The construction and operation of an activity or other development proposed under these Regulations throughout
its life cycle including all ancillary structures, facilities, improvements, and activities, and all integrated components thereof, and any proposed land use directly related to such
project if such project is to be located wholly or partially within the County. A project cannot be segmented to avoid the requirements of these Regulations. If a project is to be
phased over time or is composed of distinguishable elements, the impacts of all phases or elements of the development must be considered together when determining whether the project
satisfies these Regulations.
Public Assembly Facility. For purposes of these Regulations, public assembly facilities do not include parks, golf courses or similar facilities unless
used in a manner where people are concentrated in reasonably close quarters. Public assembly facilities also do not include air shows, structures or uses approved by the FAA in an adopted
airport master plan, or places where people congregate for short periods of time such as parking lots or bus stops.
Public Services and Facilities. Those services and facilities provided
by a political subdivision of the state or by a federal agency.
Rapid Transit. The element of a mass transit system involving a mechanical conveyance on an exclusive lane or guideway,
rail trackage, or monorail facility constructed solely for that purpose.
Regulations. Regulations for Areas and Activities of State Interest set forth in this Article XIV.
Runway.
A defined area on an airport prepared for landing and takeoff of aircraft along its length.
Service Area. The primary geographic area to be served by the Proposed Project.
Service
Road. A street or road meeting County specifications running parallel to a county, state or federal highway used to provide ingress and egress to a development located adjacent to that
highway.
Shelter. A building or structure designed primarily to provide a waiting area for transit passengers.
Site Selection, Airport or Heliport. The process for determining the
location of Airports or Heliports, or the substantial expansion or relocation of an existing Airport or Heliport, by a recognized and bonafide agency or authority, the County, the state,
or the federal government or any subdivision of each.
Site Selection, Rapid or Mass Transit Facility. The process for determining the location of rapid or mass transit facilities or
the substantial expansion or relocation of an existing facility, by a recognized and bonafide mass transit agency or authority, the County, the state, or the federal government or any
subdivision of each and, or any private entity or person.
Station or Terminal. A facility constructed to provide and facilitate passenger access to and from airplanes or a rapid or mass transit system, including areas necessary for vehicle
operations, parking areas for commuters, and roadways connecting to the general road and street system of Garfield County. “Stations” shall include any proposed regularly scheduled
stop or planned optional or seasonal boarding point on a rapid transit system. Dedicated park-and-ride facilities with fifty (50) or more parking spaces shall be deemed “stations or
terminals” for the purposes of these Regulations, with or without a shelter facility. Shelters alone, or as part of traditional bus stops and pull-outs lacking fifty (50) dedicated
spaces are not considered “stations or terminals” for the purposes of these Regulations.
Structure. Any constructed or erected object which requires location on the ground or is attached
to something located on the ground. Structures include but are not limited to buildings, decks, fences, signs, towers, cranes, flagpoles, antennas, smokestacks, earth formations and
overhead transmission lines. Structures do not include paved areas.
Terminal. See “Station or Terminal.”
Transient Aircraft. Fixed or rotary-wing aircraft that do not use the airport
or heliport landing strip or helistop as a home base.
Transportation Corridor. Any County or municipal street or road, any state or federal highway, and any railroad operating as a
common carrier.
Water Impoundment. Includes wastewater treatment settling ponds, surface mining ponds, detention and retention ponds, artificial lakes and ponds, and similar water
features. A new water impoundment includes an expansion of an existing water impoundment except where such expansion was previously authorized by land use action approved prior to the
effective date of these Regulations.
DIVISION 2. DESIGNATION OF AREAS AND ACTIVITIES OF STATE INTEREST.
14-201. APPLICABILITY OF DESIGNATION PROCESS.
The Ddesignation process set
forth in this Article shall apply to the Ddesignation of any matter of Sstate interest after the effective date of this Code. The Ddesignation process shall not apply to those matters
of Sstate interest designated by the BOCC prior to the effective date of this Codeese Regulations, which Ddesignations shall remain in effect. The Ddesignations in effect as of the
date of this Codeese Regulations are identified in Section 14-103, Applicability.
14-202. INITIATION OF DESIGNATION REQUEST.
Designations and amendments or revocations of Ddesignations
of areas or activities of Sstate interest may be initiated by the BOCC.
14-203. DESIGNATION PROCESS.
Public Hearing by BOCCoard.
A request for Designation of an area or activity of
Sstate interest shall be considered by the BOCC at a public hearing, after proper notice, conducted pursuant to Section 4-103 G, Conduct of Public Hearing.
Public Notice. The Director
shall publish a notice of the public hearing at least 30 days and not more than 60 days before the hearing, in a newspaper of general circulation in the County. Written notice of the
public hearing shall be sent to the Colorado Land Use Commission at least 30 days and not more than 60 days before the hearing. The Notice
shall include the time and place of the hearing, a general description of the Designation requested, and the place at which relevant materials may be examined.
Matters to be Considered
at Designation Hearing.
At the Designation hearing, the BOCC shall consider such evidence as may appear appropriate, including the following considerations:.
The intensity of current
and foreseeable development pressures;.
The reasons why the particular area or activity is of Sstate interest, the dangers that would result from uncontrolled development of any such
area or uncontrolled conduct of such activity, and the advantages of development of such area or conduct of such activity in a coordinated manner;.
Boundaries of the proposed area of
Sstate interest;. and
Conformity with the Comprehensive Plan.
Adoption of Designation and Regulations.
Within 30 days after completion of the public hearing, the BOCC shall take action
by resolution to adopt, adopt with modifications, or reject the proposed Designation and regulations for an area or activity of Sstate interest.
If the Designation and/or proposed regulations
are rejected, the BOCC may at its discretion regulate the matter under any other available land use control authority or it may reject regulation of the matter entirely.
The BOCC action
shall be taken by resolution.
Upon adopting a matter of Sstate interest, it shall be the BOCC’s Board’s duty to designate the matter and adopt regulations for its administration.
Record
of Designation Proceedings.
The record of decision shall include the following materials:.
Notice of Public Hearing and Certificate of Publication of the Notice;.
The minutes of
the Designation hearing;.
Written findings concerning each of the considerations set forth in Section 14-303(B), Matters to be Considered at Designation Hearings;, and
The recorded resolution
adopting the Designation and guidelines.
Recordation with County Clerk.
A Designation and regulations adopted by the BOCC shall be certified by the BOCC to the Garfield County Clerk
and Recorder for filing in the same manner as any document affecting real property.
Effect of Designation – Moratorium Until Final Determination.
After a matter of Sstate interest
is designated pursuant to this Section 14-303, no person shall engage in development in the designated area or conduct of a designated activity until the Designation and regulations
for such area or activity of Sstate interest are finally determined pursuant to § 24-65.1-404(4), C.R.S.
DIVISION 3. REVIEW PROCESS FOR PERMIT TO ENGAGE IN AN ACTIVITIY OF STATE INTEREST OR DEVELOPMENT IN AN AREA OF STATE INTEREST.
14-301. COMMON REVIEW PROCEDURES.
Consultants.
The following
provisions for consultant review apply to all applications proposing to engage in an activity of Sstate interest or development in an area of Sstate interest.
Consultant Review. The
Director may authorize all or a portion of the review of an application for a Permit to be performed by an outside consultant.
Applicant Responsible for Consultant Review Fees. The
costs of consultant and referral agency review are the responsibility of the Aapplicant. The costs of consultant and referral agency review shall be paid pursuant Section 4-101C.2,
Review by Referral Agenday and 4-101.D.2. Evalutation by Director/Staff Review. 502(B)(2), Fees of Article IV.
Pre-Application Conference.
An application for Permit to engage in
an activity or development subject to this Codeese Regulations shall begin with a Pre-Application Conference between the Aapplicant and the Director or staff.
Procedure. The Aapplicant
shall make a request for a pre-application conference through the Planning Department. At the conference, the Director shall explain the regulatory process and requirements and begin
to evaluate the level of Ppermit review that will be required.
Scheduling of Pre-Application Conference. The Director shall schedule a pre-application conference to be held within
20 days of receipt of a request for a pre-application conference.
Materials. At or before the pre-application meeting, the Aapplicant shall submit a brief explanation of the Proposed
Project, including the following materials:.
The Aapplicant’s name, address, and phone number.
Map prepared at an easily readable scale showing:
Boundary of the proposed activity;.
Relationship
of the proposed activity to surrounding topographic and cultural features such as roads, streams and existing structures;. and
Proposed building, improvements, and infrastructure.
Written
summary of the Project that is sufficient for determining the lLevel of Permit rReview that will be required for the application.
Participants. In addition to the Planning Department
staff, participants in the pPre-aApplication cConference shall include appropriate staff to address potential issues raised by the Proposed Project.
Determination of Level of Permit
Review.
There are 4three possible levels of Ppermit review for a Proposed Project. The Director shall make the initial determination of the appropriate level of Ppermit review within
a
reasonable time following the pPre-aApplication meeting and submittals. The Director shall notifiy the BOCC of the lLevel of rReview within 5 days of the determination.
The dDetermination
of lLevel of Permit rReview shall be made by the Director within a reasonable time following the pPre-aApplication meeting.
Within 5 days of the dDetermination of lLevel of Permit rReview,
the Director shall notify the Aapplicant and the BOCC, in writing, of the determination.
Finding of No Significant Impact. Based upon review of the pPre-aApplication submittals and
the information obtained at the pPre-aApplication meeting, the Director may determine that no significant Iimpacts are likely to occur from the Proposed Project and that, therefore,
a Ppermit under this Codeese Regulations will not be necessary.
The Director may make a Finding of No Significant Impact if the construction or operation of the activity, without mitigation,
in its proposed location is unlikely to have any significant adverse Iimpact to the County. The Director’s decision shall take into consideration the approval standards set forth in
Division 56 of this Article.
Major and Minor Permit Review. If the Director determines that a Finding of No Significant Impact is not appropriate based upon review of the prePer-aApplication
submittals and the information obtained at the pPre-aApplication meeting, then the Director shall determine whether the Proposed Project should be subject to the Major Permit Review
or Minor Permit Review provisions of this Codeese Regulations.
Major Permit Review. The Director shall determine that Major Permit Review is required if:
The Proposed Project is
likely to have a significant adverse Iimpact in 2two or more categories of standards as described Division 56, Permit Approval Standards;, or
The Proposed Project is likely to have severe
adverse Iimpact in any 1one category of standards as described in Division 56, Permit Approval Standards.
Minor Permit Review. The Director shall determine that Minor Permit Review
is required unless the Proposed Project is determined to warrant Major Permit Review.
Reconsideration of Planning Director’s Determination of Level of Permit Review.
Call-up by the Board.
The BOCC may, at its discretion, review and amend the Director’s determination at the next regularly- scheduled meeting of the BOCC for which proper notice can be accomplished, following
the date of written notice of the determination of level of Ppermit review.
Request for Reconsideration. Any affected party, within 7seven days of the date of written notice of the
Director’s determination, may request that the BOCC reconsider the determination at its next regularly- scheduled meeting for which proper notice can be accomplished. The BOCC may review
or amend the Director’s determination at its discretion.
Change in Level of Permit Review.
At any time prior to the final decision by the BOCC on the application for a Permit under this Codeese Regulations, the County may decide that information
received since the pPre-aApplication conference indicates that the nature and scope of the Iimpacts of the Proposed Project are such that a different lLevel of Permit rReview is required.
If a different level of Ppermit review is required, the Director shall notify the following.
Notify Tthe Aapplicant immediately; and.
Notify Tthe BOCCoard, the County Manager, and
the County Attorney.
Notice of Public Hearing.
Notice by Publication. At least 30 calendar days but no more than 60 calendar days prior to the date of a scheduled public hearing,
the Aapplicant shall have published a notice of public hearing in a newspaper of general circulation in the area that the Proposed Project is located. The notice shall follow a form
prescribed by the County.
Notice to Adjacent Property Owners. At least 30 calendar days but no more than 60 calendar days prior to the date of a scheduled public hearing, the Aapplicant
shall send by certified mail, return receipt requested, a written notice of the public hearing to the owners of record of all adjacent property within a 200- foot radius. The notice
shall include a vicinity map, the property’s legal description, a short narrative describing the Proposed Project, and an announcement of the date, time, and location of the scheduled
hearing(s).
Proof of Notice. At the public hearing, the Aapplicant shall provide proof of publication and payment for publication, and proof of notification of adjacent property owners.
Determinat
ion of Completeness.
Within thirty (30) working days of receipt of the application materials, the Director shall determine whether the application is complete based on compliance with
the submittal requirements set forth in Section 14-4501, Description of Submittal Requirements.
Application is Not Complete. If the application is not complete, the Director shall
inform the Aapplicant of the deficiencies in writing and shall take no further action on the application until the deficiencies are remedied. If the Aapplicant fails to correct the
deficiencies within sixty (60) calendar days, the application shall be considered withdrawn and returned to the Aapplicant.
Application is Complete. If the application is complete,
the Director shall certify it as complete and stamp it with the date of determination of completeness.
Extension of Time for Determination of Completeness. The Director may authorize
an extension of time to complete review for dDetermination of cCompleteness, up to an additional thirty (30) working days. The extension of time for dDetermination of cCompleteness
shall be based upon the following considerations.
Scope of Application. The scope of application is sufficient to require additional time for the Director to review the application
for a dDetermination of cCompleteness.
Staff Workload. The Department’s workload due to the volume and scope of pending Lland Uuse Cchange applications justifies
the need for an extension of time to review the application for a dDetermination of cCompleteness.
Evaluation by Director/Staff Review.
The Director shall review the application to
determine if the Proposed Project satisfies the applicable standards set forth in Division 56, Permit Approval Standards. The Director shall prepare a staff report discussing whether
the standards have been satisfied, issues raised through staff and referral review, mitigation requirements and recommended conditions for approval to ensure that approval standards
are satisfied, and additional information pertinent to review of the application.
Review by Referral Agencies. The Director’s evaluation of the application may include comment by referral
agencies received under Section 4-101(C)103(D), Review by Referral Agency.
Notice to Airport Sponsor. Notice shall be provided to the Airport Sponsor if an application for development
involves land located within the area of Sstate interest, or within 10,000 feet of the sides or ends of a runway, or within 4,000 feet of a Heliport.
14-302. MINOR PERMIT REVIEW PROCESS.
Outline of Process.
The Minor Permit Review process shall consist of the following procedures:
Pre-application conference;
Application;
Determination of completeness;
Evaluation
by the Director/Staff rReview; and
Public hearing and decision by the BOCC.
Review Process.
Pre-application conference. A pre-application conference shall be held in accordance with
the provisions of Section 14-3401(B), Pre-Application Conference.
Application. The application materials required for an application for permit to engage in an activity of State interest
or development in an area of State interest are set forth in Section 14-4501, Description of Submittal Requirements.
Determination of Completeness. The Director shall review the application
for determination of completeness in accordance with the provisions of Section 14-3401(G), Determination of Completeness.
Schedule Public Hearing. Upon a determination of completeness,
the Director shall schedule the application for public hearing by the BOCC. A public notice of the hearing shall be made pursuant to Section 14-3401(F), Notice of Public Hearing.
Evaluation
by Director/Staff Review. Upon determination of completeness, the Director shall review the application and prepare a staff report pursuant to Section 14-3401(H), Evaluation by Director/Staff
Review.
Review and Action by the BOCC. The BOCC shall consider the application at a public hearing, upon proper public notice.
Decision by Board. Following a public hearing conducted
pursuant to Section 4-103(G), Conduct of Public Hearing or Article
IV, Tthe BOCC shall approve, approve with conditions or deny the application based upon compliance with the applicable standards in Division 56, Permit Approval Standards.
Approval
of Application. If the application satisfies all of the applicable standards, the application shall be approved. The application may be approved with conditions determined necessary
for compliance with applicable standards.
Denial of Application. If the application fails to satisfy any 1one of the applicable standards, the application shall be denied.
14-303. MAJOR
PERMIT REVIEW PROCESS.
Outline of Process.
The Major Permit Review process shall consist of the following procedures:
Pre-aApplication cConference;
Application;
Determination of
cCompleteness;
Evaluation by the Director/Staff rReview;
Public hHearing and rRecommendation by the Planning Commission; and
Public hHearing and dDecision by the BOCC
Review Process.
Pre-applicati
on cConference. A pre-application conference shall be held in accordance with the provisions of Section 14-3401(B), Pre-Application Conference.
Application. The application materials
required for an application for Ppermit to engage in an activity of Sstate interest or development in an area of Sstate interest are set forth in Section 14-4501, Description of Submittal
Requirements.
Determination of Completeness. The Director shall review the application for determination of completeness in accordance with the provisions of Section 14-3401(G), Determination
of Completeness.
Schedule Public Hearing. Upon a determination of completeness, the Director shall schedule the application for public hearing by the Planning Commission. Public notice
of the hearing shall be made pursuant to Section 14-301(F), Notice of Public Hearing.
Public notice of the hearing shall be made pursuant to Section 14-401(F), Notice of Public Hearing.
Evaluation
by Director/Staff Review. Upon determination of completeness, the Director shall review the application and prepare a staff report pursuant to Section 14-3401(H).
Review and Recommendation
by the Planning Commission. The Planning Commission shall consider the application at a public hearing, after proper notice, conducted pursuant to Section 4-103 (G), Conduct of Public
Hearing.
Recommendation by Planning Commission. The Planning Commission shall recommend approval, approval with conditions, or denial of the application based upon compliance with the
applicable standards set forth in Division 56, Permit Approval Standards.
Recommendation of Approval. If the application satisfies all of the applicable standards, the Planning Commission
shall recommend that the application be approved. The Planning Commission may recommend approval with conditions determined necessary for compliance with the applicable standards.
Recommendation
of Denial. If the application fails to satisfy all of the applicable standards the Planning Commission shall recommend that the application be denied.
Schedule Public Hearing. The
Director shall schedule the application for public hearing by the BOCC.
Public notice of the hearing shall be made pursuant to Section 14-3401(F), Notice of Public Hearing.
Public hearing
by the BOCC shall be held within 45 calendar days of the date of the Planning Commission recommendation.
Review and Action by the BOCC. The BOCC shall consider the application at a
public hearing, upon proper public notice.
Decision by Board. Following a public hearing conducted pursuant to Section 4-103(G), Conduct of Public Hearing, The BOCC shall approve, approve
with conditions, or deny the application based upon compliance with the applicable standards in Division 56, Permit Approval Standards.
Approval of Application. If the application
satisfies all of the applicable standards, the application shall be approved. The application may be approved with conditions determined necessary for compliance with applicable standards.
Denial
of Application. If the application fails to satisfy any one of the applicable standards, the application shall be denied.
14-304. PERMIT AMENDMENTS AND TECHNICAL REVISIONS.
Any change
in the construction or operation of the Project from that approved by the BOCC shall require either a “technical revision” or a “Ppermit amendment.”
Technical Revisions.
A proposed
change will be considered a technical revision if the Director determines that there will be no increase in the size of the area affected by the Project or the intensity of Iimpacts
of the Project.
To obtain a technical revision, the Aapplicant shall submit the following information and materials to the Director:
A copy of the current Ppermit; .
As-built drawings
of the Pproject; .
Drawings and plans of proposed changes to the Pproject; and .
Additional mitigation plans.
If staff does not foresee changes in the intensity of the Iimpacts caused
by the proposed activity, the Director shall approve the technical revision
to the Ppermit. The Director shall make a determination within thirty (30) days of receipt of request for a technical revision.
The Director may determine that even though the proposed
changes will increase the size of the area affected or the intensity of the Iimpacts, the Iimpact is insignificant so as to warrant a “technical revision” as described in Section 14-3404
(A), above.
Process for Permit Amendments.
Changes other than technical revisions are considered Ppermit amendments.
New Permit Application. A Ppermit amendment will be reviewed
and approved as if it were a new Ppermit application.
Written Notice of Director’s Determination. Within five (5) days of the Director’s determination, the Director shall notify the
Aapplicant and the BOCC, in writing, of the determination.
Reconsideration of Director’s Determination of Whether Change is a Permit Amendment or a Technical Revision.
Call-up by the
BOCC. The BOCC may, at its discretion, review and amend the Director’s determination of whether the change is a Ppermit amendment or a technical revision at the next regularly- scheduled
meeting for which proper notice can be accomplished, following the date of written notice of the determination.
Request for Reconsideration. Any Affected Party may, within 7 calendar
days of the date of written notice of determination, request that the BOCC reconsider the Director’s determination at its next regularly- scheduled meeting for which proper notice can
be accomplished. The BOCC may review and/or amend the Director’s determination at its discretion.
DIVISION 4. PERMIT APPLICATION SUBMITTAL REQUIREMENTS.
The following submittal requirements
shall apply to any application for Permit to conduct an activity of Sstate interest or engage in development of an area of Sstate interest under this Codeese Regulations. The Director
may waive 1one or more of the submittal requirements when the submittal information would not be relevant to a determination as to whether the Proposed Project complies with the approval
criteria. The professional qualifications for preparation and certification of certain documents required by this Codeese Regulations for aAreas and aActivities of State Interest are
set forth in Section 4-203502, Description of Submittal Requirements.
14-401. DESCRIPTION OF SUBMITTAL REQUIREMENTS.
Application Fees.
If a Permit is required under this Codeese
Regulations, the application shall be accompanied by a base permit fee in the amount of $5,000 and a written acknowledgement that the Aapplicant will be responsible for advancing funds
or reimbursing the County for the actual costs of reviewing and processing the application, including costs of copying, mailings, publications, labor, overhead, and retention of consultants,
experts, and attorneys that the County deems necessary to advise it on the application package.
The Permit Authority may in its sole discretion waive all or a portion of the fees if
the Aapplicant demonstrates a special need or such waiver of fees is found to be in the best interests of the citizens of Garfield County.
The County will take no action on the application package until all fees and expenses related to the application review process have been paid or waived.
Application Form.
The application
form for a Permit to engage in a designated activity of Sstate interest or development in an area of Sstate interest shall be obtained from the Planning Department.
Authorized Applicant.
Completed application forms and accompanying materials shall be submitted to the Director by the owner, or any other person having a recognized fee title interest in the land for which
a Lland Uuse Cchange is proposed, or by any agent acting through written authorization of the owner.
Authorized Agent. If the Aapplicant is not the owner of the land, or is a contract
purchaser of the land, the Aapplicant shall submit a letter signed by the owner consenting to the submission of the application.
Applicant is Not the Sole Owner. If the Aapplicant is
not the sole owner of the land, the Aapplicant shall submit a letter signed by all other owners or an association representing all the owners, by which all owners consent to or join
in the application.
Information About Applicant. The application form shall contain the following information describing the Aapplicant.
The name(s), address(es), email address(es),
fax number(s), organization form(s), and business(es) of the Aapplicant, and if different, the owner of the Pproject;.
The names, addresses, and qualifications, including those areas
of expertise and experience with Pprojects directly related or similar to that proposed in the application package, of individuals who are or will be responsible for constructing and
operating the Pproject;.
Authorization of the application by the Pproject owner, if different than the Aapplicant;. and
Documentation of the Aapplicant’s financial and technical capability
to develop and operate the Pproject, including a description of the Aapplicant’s experience developing and operating similar projects.
Information Describing the Project.
Project
Narrative. A narrative description of the Project, including the location of the proposed facility by reference to its relationship to any physical features, intersections, towns, or
other locations, that are generally recognized by the citizens of Garfield County.
Identification of Alternatives. Descriptions of alternatives to the Pproject that were considered
by the Aapplicant and reasons why they were rejected.
Project Need. The need for the Pproject, including existing/proposed facilities that perform the same or related function; and
population projections or growth trends that form the basis of demand projections justifying the Pproject.
Conformance with Comprehensive Plan. Evidence that demonstrates that the Proposed Project is in conformance with the Comprehensive Plan, municipal master plans, and any other applicable
plans.
Maps. Detailed map(s) showing the location of the proposed facilities together with proposed or existing transportation corridors, zoning classification, and land use within
2000 feet.
Plans and Specifications. Detailed plans and specifications of the Pproject.
Project Schedules. Schedules for designing, permitting, constructing, and operating the Pproject,
including the estimated life of the Pproject.
Conservation Techniques. Description of all conservation techniques to be used in the construction and operation of the Pproject.
Property
Rights, Permits and Other Approvals.
A list and copies of all other Ffederal, Sstate and local Ppermits and approvals that have been or will be required for the Pproject, together with
any proposal for coordinating these approvals with the County permitting process.
Copies of all official Ffederal and Sstate consultation correspondence prepared for the Pproject;
a description of all mitigation required by Ffederal, Sstate and local authorities; and copies of any draft or final environmental assessments or Iimpact statement required for the Pproject.
Descript
ion of the water to be used by the Project and alternatives, including the source, amount, the quality of such water, the Aapplicant’s right to use the water, including adjudicated decrees,
applications for decrees, proposed points of diversion, and the existing uses of water. If an augmentation plan has been filed in court, the Aapplicant must submit a copy of that plan.
Description
of Technical and Financial Feasibility of the Project.
The estimated construction costs and period of construction for each development component.
Revenues and operating expenses for
the Pproject.
The amount of any proposed debt and the method and estimated cost of debt service.
Details of any contract or agreement for revenues or services in connection with the
Pproject.
Description of the persons or entity(ies) who will pay for or use the Pproject and/or services produced by the development and those who will benefit from any and all revenues
generated by it.
Cost of all mitigation measures proposed for the Pproject.
Socioeconomic Impacts.
A comprehensive socioeconomic Iimpact analysis that addresses the manner in which
the Aapplicant will comply with the relevant approval standards in Division 56 of this Article. The Iimpact analysis shall be limited to the Iimpact Aarea and shall include the following
information:
Land Use.
Description of existing land uses within and adjacent to the Iimpact Aarea.
Description of Iimpacts and net effect that the Project would have on land use patterns.
Local Government
Services.
Description of existing capacity of and demand for local government services including, but not limited to, roads, schools, water and wastewater treatment, water supply, emergency
services, transportation, infrastructure, and other services necessary to accommodate development within EagleGarfield County.
Description of the Iimpacts and net effect of the Project
to the capability of local governments that are affected by the Project to provide services.
Housing.
Description of existing seasonal and permanent housing including number, condition,
and cost of dwelling units.
Description of the Iimpact and net effect of the Project on housing during construction and operation stages of the Project.
Financial Burden on County Residents.
Description of the existing tax burden and fee structure for government services including, but not limited to, assessed valuation, mill levy, rates for water and wastewater treatment,
and costs of water supply.
Description of Iimpacts and net effect of the Project on financial burdens of residents.
Local Economy.
Description of the local economy including, but not
limited to, revenues generated by the different economic sectors, and the value or productivity of different lands.
Description of Iimpacts and net effect of the Project on the local
economy and opportunities for economic diversification.
Recreational Opportunities.
Description of present and potential recreational uses, including, but not limited to, the number
of recreational visitor days for different recreational uses and the revenue generated by types of recreational uses.
Map depicting the location of recreational uses such as fishery
stream segments, access points to recreational resources, hiking and biking trails, and wilderness areas.
Description of the Iimpacts and net effect of the Project on present and potential
recreational opportunities and revenues to the local economy derived from those uses.
Areas of Paleontological, Historic or Archaeological Importance.
Map and/or description of all
Ssites of paleontological, historic, or archaeological interest.
Description of the Iimpacts and net effect of the Project on Ssites of paleontological, historic, or archaeological interest.
Nuisance. Descriptions of noise, glare, dust, fumes, vibration, and odor levels caused by the Project.
Environmental Impacts.
Description of the existing natural environment and an
analysis of the Iimpacts of the Project to the natural environment. These descriptions shall be limited to the Iimpact Aarea, and shall include an analysis of existing conditions, supported
with data, and a projection of the Iimpacts of the Project in comparison to existing conditions. The analysis shall include a description of how the Aapplicant will comply with the
applicable approval standards set forth in Division 56.
Air Quality.
Description of the airsheds to be affected by the Project, including the seasonal pattern of air circulation and
microclimates.
Map and/or description of the ambient air quality and Sstate air quality standards of the airsheds to be affected by the Project, including particulate matter and aerosols,
oxides, hydrocarbons, oxidants, and other chemicals, temperature effects, and atmospheric interactions.
Descriptions of the Iimpacts and net effect that the Project would have on air
quality during both construction and operation, and under both average and worst case conditions.
Visual Quality.
Map and/or description of ground cover and vegetation, forest canopies,
waterfalls, and streams or other natural features.
Description of view sheds, scenic vistas, unique landscapes, or land formations.
Map and/or description of buildings and structure
design and materials to be used for the Project.
Descriptions of the Iimpacts and net effect that the Project would have on visual quality.
Surface Water Quality.
Map and/or description
of all surface waters to be affected by the Project, including:
Description of provisions of the applicable regional water quality management plan that applies to the Project and assessment
of whether the Project would comply with those provisions; .
Existing condition of streams and water bodies affected by the Project;. and
Classification of streams and water bodies affected
by the Project.
Description of water quality data monitoring sources.
Descriptions of the immediate and long-term Iimpact and net effects that the Project would have on the quantity
and quality of surface water under both average and worst case conditions.
Groundwater Quality.
Map and/or description of all groundwater, including any aquifers. At a minimum,
the description should include:
Seasonal water levels in each subdivision of the aquifer affected by the Project;.
Artesian pressure in aquifers;.
Groundwater flow directions and levels;.
Existing aquifer recharge
rates and methodology used to calculate recharge to the aquifer from any recharge sources;.
For aquifers to be used as part of a water storage system, methodology and results of tests
used to determine the ability of aquifer to impound groundwater and aquifer storage capacity;.
Seepage losses expected at any subsurface dam and at stream-aquifer interfaces and methodology
used to calculate seepage losses in the affected streams, including description and location of measuring devices;.
Existing groundwater quality and classification;. and
Location of
all water wells and their uses.
Description of the Iimpacts and net effect of the Project on groundwater.
Water Quantity.
Map and/or description of existing stream flows and reservoir
levels.
Map and/or description of existing Colorado Water Conservation BOCC held minimum stream flows.
Descriptions of the Iimpacts and net effect that the Project would have on water
quantity.
Statement of methods for efficient utilization of water.
Floodplains, Wetlands and Riparian Areas.
Map and/or description of all Ffloodplains, Wwetlands (whether or not they
are jurisdictional, Wwetlands as defined by the Corps of Engineers), and Rriparian Aareas to be affected by the Project, including a description of the types of Wwetlands, species composition,
biomass, and functions.
Description of the source of water interacting with the surface systems to create each Wwetland (i.e., side-slope runoff, over-bank flooding, groundwater seepage,
etc.) or Rriparian Aarea.
Description of the Iimpacts and net effect that the Project would have on the Ffloodplains, Wwetlands, and Rriparian Aareas.
Terrestrial and Aquatic Animals
and Habitat.
Map and/or description of terrestrial and aquatic animals including the status and relative importance of game and non-game Wwildlife, Llivestock and other animals; a description
of streamflows and lake levels needed to protect the aquatic environment; and description of threatened or endangered animal species and their habitat.
Map and description of critical
Wwildlife Hhabitat and Llivestock range to be affected by the Project, including migration routes, calving areas, summer and winter range, spawning beds, and grazing areas.
Description of the Iimpacts and net effect that the Project would have on terrestrial and aquatic animals, habitat, and food chain.
Terrestrial Plant Lifea. Map and/or description of
terrestrial and aquatic plant life including the type and density, and threatened or endangered plant species and habitat.
Descriptions of the Iimpacts and net effect that the Project
would have on terrestrial and aquatic plant life.
Soils, Geologic Conditions, and Natural Hazards.
Map and/or description of soils, geologic conditions, and natural hazards including,
but not limited to, soil types, drainage areas, slopes, avalanche areas, debris fans, mud flows, rock slide areas, faults and fissures, seismic history, and wildfire hazard areas.
Descriptions
of the risks to the Project from natural hazards.
Descriptions of the Iimpact and net effect of the Project on soil and geologic conditions in the area.
Hazardous Materials Description.
Description
of all hazardous, toxic, and explosive substances to be used, stored, transported, disturbed, or produced in connection with the Project, including the type and amount of such substances,
their location, and the practices and procedures to be implemented to avoid accidental release and exposure.
Location of storage areas designated for equipment, fuel, lubricants, and
chemical and waste storage with an explanation of spill containment structures.
Monitoring and Mitigation Plan.
Description of all mitigation that is proposed to avoid, minimize, or
compensate for adverse Iimpacts of the Project and to maximize positive Iimpacts of the Project.
Describe how and when mitigation will be implemented and financed.
Describe Iimpacts
that are unavoidable that cannot be mitigated.
Description of methodology used to measure Iimpacts of the Project and effectiveness of proposed mitigation measures.
Description, location,
and intervals of proposed monitoring to ensure that mitigation will be effective.
Additional Information May Be Necessary.
The Director may request that the Aapplicant supply additional
information related to the Project if the Permit Authority will not be able to make a determination on any of the approval standards without the additional information.
14-402. ADDITIONAL
SUBMITTAL REQUIREMENTS APPLICABLE TO DEVELOPMENT IN AREAS AROUND RAPID OR MASS TRANSIT FACILITIES.
In addition to the submittal requirements in Section 14-4501, Description of Submittal
Requirements, development in areas around Rapid or Mass Transit Facilities shall require the following additional submittals:
Traffic Relationships.
One or more maps at sufficient scale showing the location of the proposed development and its relationship to the Rrapid or Mmass Ttransit station or terminal
and the interchanges, streets, highways, parking lots, and public facilities which are adjacent to or form an integral part of the operation of the Rrapid or Mmass Ttransit Ffacility.
Traffic
Generation.
A narrative description of the motor vehicle, bicycle, and pedestrian traffic likely to be generated by the proposed development, including, but not limited to, traffic generation
at various times of the day, potential congestion, and potential demand for parking generated by the development.
Traffic Impacts.
A narrative description of the Iimpacts of the proposed
development to the Rrapid or Mmass Ttransit Ffacility.
Traffic Access.
Maps or diagrams illustrating the pedestrian and bicycle routes that can be utilized to gain access between the
proposed development and the adjacent Rrapid or Mmass Ttransit Ffacility.
14-403. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO ARTERIAL HIGHWAYS, INTERCHANGES AND COLLECTOR HIGHWAYS.
In addition to the submittal requirements set forth in Section 14-4501, Description of Submittal Requirements, an application proposing Aarterial Hhighways, interchanges, or collector
highways shall include the following information.
Traffic Patterns.
Description of how the Pproject will affect traffic patterns as well as non-motorized traffic.
Surrounding Land Uses.
Description
of how the new roads will likely affect surrounding land uses and existing community patterns.
Traffic Demands.
Description of how new roads will serve community traffic demands.
Compliance.
Descrip
tion of how new roads will comply with other local, Sstate, and Ffederal regulations and master plans.
14-404. ADDITIONAL SUBMITTAL REQUIREMENTS FOR FIXED GUIDEWAYS.
In addition to
the submittal requirements set forth in Section 14-4501, Description of Submittal Requirements, an application proposing fixed guideways shall include the following information:.
Type
of Motive Power.
Description of the type of motive power that will be used to propel transit vehicles along the guideway (e.g. diesel, electric, electrified third rail, catenary system).
Minimum
and Optimum Width of ROW.
Description of the minimum and the optimum width of the right-of-way necessary for the guideway together with maps showing the proposed right-of-way including
its location within incorporated municipalities. Such maps or supporting documentation referring to
the maps shall also indicate the maximum anticipated speed of transit vehicles along the various segments of the guideway.
Minimum and Maximum Passenger Capacity.
Description of the
minimum and maximum passenger capacity of the transit vehicles that will travel on the guideway and the anticipated frequency or scheduling of guideway use.
Maximum Length of Any Trail.
Description
of the maximum length of any train that will travel upon the guideway with separate figures for the length of passenger carrying units and for propulsion units. Self propelled units
shall be considered as passenger units.
Maximum Proposed Grade.
The maximum proposed grade of the guideway and the maximum curvature. Proposed curves in excess of ten (10) degrees shall
be indicated on the map.
Building or Structure Removal.
Description of all buildings or other structures that must be removed in order for the proposed guideway to be built.
Methods
Planned to Prevent Collision.
Description of the methods planned to prevent collisions at points where the proposed guideway crosses other transportation corridors.
14-405. ADDITIONAL
SUBMITTAL REQUIREMENTS FOR STATIONS AND TERMINALS.
In addition to the submittal requirements set forth in Section 14-4501, Description of Submittal Requirements, an application proposing
stations or terminals associated with a Rrapid or Mmass Ttransit system shall include the following information.
Type of Mechanical Transit Conveyance.
Description of the type or types
of mechanical transit conveyance that will be utilized to carry passengers to and from the station or terminal, and a description of the means of access to and from the station or terminal
including pedestrian, bicycle, automotive, bus, carpool, gondolas, lifts, and other intermodal connections either existing or reasonably foreseen to be developed in the area.
Analysis
of Passengers.
An analysis of the passengers thatwhich will utilize the proposed facility. Such analysis shall be based on the best information available and shall include:
Whether
the passengers will be utilizing the Rrapid or Mmass Ttransit system to travel to and from employment or for some other purpose;.
The number of automobiles that the passengers will drive
to the station or terminal at or just before any scheduled departure;.
The number of passengers that will likely ride only one way on any given day;. and
The number of passengers that
can be expected to bring baggage, recreational equipment, tools, or other material.
Anticipated Schedule.
The anticipated schedule of departures and arrivals at the station or terminal
and the expected capacity of each transit unit. Separate figures shall be given for peak and off-peak hours, weekdays and weekends, and peak and off-peak seasons.
Maximum Length of Any Train.
The maximum length of any train that will serve the station or terminal, excluding propulsion units.
Basic Floor Plan and Architectural Sketches.
Basic floor
plans and architectural sketches of each proposed building or structure together with a Ssite map showing the relative location of each building or structure. Such plans and sketches
shall show the location and length of platforms to be used to load and unload passengers.
Map of All Associated Roadways, Parking Areas and Other Facilities.
A map of all associated
roadways, parking areas, and other facilities. Design details such as width, layout, traffic flow, pavement markings, and traffic control devices shall either be illustrated on the
map or adequately described in supporting documents.
14-406. ADDITIONAL SUBMITTAL REQUIREMENTS FOR TPUD IN AREAS AROUND MASS TRANSIT STATIONS OR TERMINALS.
In addition to the submittal
requirements set forth in Section 14-4501, Description of Submittal Requirements, and the submittal requirements for a PUD set forth in Section 6-301 of Article VI, PUD, an application
proposing a Transit PUD shall include the following information.
General Nature of Development.
A written narrative describing the general nature of the proposed development, including
a description of the location by reference to a planned or constructed Mmass Ttransit station or terminal.
Location of Proposed Development.
One or more maps showing the location of
the proposed development and its relationship to the Mmass Ttransit station or terminal and the interchanges, streets, highways, parking lots, and public facilities which are adjacent
to or otherwise form an integral part of the operation of the Mmass Ttransit station or terminal. [Rrapid or Mmass Ttransit Ffacility].
Traffic Generation.
A narrative description with
diagrams, charts, or other descriptive elements analyzing the motor vehicle, bicycle, and pedestrian traffic likely to be generated by the proposed development, as opposed to traffic
generated by the Mmass Ttransit station or terminal. Such analysis shall include, where possible, numbers, and peak times showing the generation of traffic, potential congestion, and
potential demand for parking generated by non-transit industrial, commercial, or residential uses and whether such traffic, congestion or parking requirements impacts favorably or unfavorably
on operation of the Mmass Ttransit station or terminal. The description shall include an analysis of how any commercial and residential space is designed to reinforce proximate neighborhood
needs and transit utilization, as opposed to automobile dependent commercial or residential development.
Access to Development.
Diagrams illustrating how the proposed development can
be accessed during times of peak traffic at the mass transit station or terminal without such access crossing or otherwise conflicting with the traffic going to the Mmass Ttransit Ffacility.
Proper design can be accomplished by turn lanes or other features of roadway design, but cannot be accomplished by any type of traffic signals that would stop traffic going to the mass
transit station or terminal and associated parking lots.
Provision of Commercial Services.
A narrative description of any commercial services that will be provided in the proposed TPUD and an analysis of how those commercial services will
benefit or be utilized by persons using the adjacent Mmass Ttransit station or terminal.
Proposed Residential Uses.
A narrative description of the types of residential uses proposed
in the TPUD and a description of the price range and market niche proposed for residential units with an emphasis on the likelihood of transit use by future residents.
Proposed Commercial
Uses.
An analysis of the likely use of the proposed commercial services by people who do not use the adjacent Mmass Ttransit station or terminal, including an analysis of the number
of such persons, the likely time of day for their use, and the parking areas that will be required by them.
Pedestrian and Bicycle Routes.
Maps or diagrams illustrating the pedestrian
and bicycle routes that can be utilized to gain access between the residential units and the adjacent Mmass Ttransit facility.
14-4507. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE
TO SITE SELECTION FOR AIRPORT OR HELIPORT LOCATION OR EXPANSION.
In addition to the submittal requirements in Section 14-4501, Description of Submittal Requirements, an application
proposing to locate or expand an Airport or Heliport shall require the following submittals:
Airport Layout Plan.
Airports shall be developed in accordance with an FAA-approved Layout
Plan, or a Layout Plan approved by the BOCC, complying with FAA Advisory Circular 150/5300-13A and the current Northwest Mountain Region Airport Layout Plan Checklist.
Heliport or Helistop
Layout Plan.
Heliports and helistops shall be developed in accordance with an FAA-approved Layout Plan, or a Layout Plan approved by the BOCC complying with FAA Advisory Circular 150/5390-2.
The plan shall be sufficient to depict the design, the layout of existing and planned facilities and features, ground contours at 10-foot intervals, the building restriction lines,
the relationship of the Final Approach and Takeoff Area (FATO), the Touchdown and Lift-off Area (TLOF), the safety area and the Approach/Departure and Transitional Surfaces (as defined
in FAA Advisory Circular 150/5390-2) to the land parcel(s) on which the heliport/helistop is to be located and to adjoining land parcels. Approach profiles shall depict the composite
profile based on the highest terrain across the width and along the length of each approach surface (helistop approach surface profiles are required for the inner 1,000 feet only).
Lay-out
Plans, Maps and Profiles.
Lay-out Plan for Airport. A lay-out plan that includes the following information:
The Airport Reference Code;.
The Airport elevation;.
Ground contours at 10’
intervals;.
The location and dimensions of the runwayRunways and the Airport Imaginary Surfaces;.
The layout of existing and planned facilities and features;.
The building restriction lines;. and
The relationship of the runwayRunway(s) and RPZs to the land parcel(s) on which the
Airport is to be located and to adjoining land parcels.
Lay-out Plan for Heliport/Helistop. A lay-out plan that includes the following information:
The design helicopter;.
The Heliport
elevation;.
Ground contours at 10’ intervals;.
The location and dimensions of the Heliport;.
The layout of existing and planned facilities and features;.
Ground contours at 10’ intervals;.
The building restriction lines;. and
The relationship of the Final Approach and Takeoff Area (FATO), the Touchdown and Lift-off Area (TLOF), the Safety Area and the Approach/Departure
and Transitional Surfaces (as defined in AC 150/5390-2) to the land parcel(s) on which the Hheliport/Hhelistop is to be located and to adjoining land parcels.
Flight Patterns. Map
and description of flight patterns as related to other land uses, and description of potential public safety and property issues related to the Aairport and plane crashes.
Approach
Profiles.
Airport approach profiles shall depict the composite profile based on the highest terrain across the width and along the length of each RPZ.
Heliport/Helistop approach profiles
shall depict the composite profile based on the highest terrain across the width and along the length of each approach surface (Helistop approach surface profiles are required for the
inner 1,000’ only).
Description of Effect.
Description of effect on State and Local Economic and Transportation Needs. Description of how the Airport or Heliport will affect economic
and transportation needs of the state and the County.
14-4508. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO LAND USE IN AREAS AROUND AN AIRPORT OR HELIPORT.
In addition to the
submittal requirements in Section 14-4501, Description of Submittal Requirements, an application proposing to develop land use in areas around Airports and Heliports shall require the
following submittals:
Location Map.
A map or drawing showing the location of the subject property in relation to Airport Imaginary Surfaces.
Elevation Profiles and Site Plan.
Elevation
profiles and a Site Plan including:
Location of existing and proposed structures in relation to Airport/Heliport Imaginary Surfaces.
Height of all existing and proposed structures, measured in feet above mean sea level.
Written Agreements for Height Exception.
Written Agreements from the Airport/Heliport Sponsor and
the FAA, if a height exception is requested.
Declaration of Anticipated Noise Levels.
A declaration of anticipated noise levels for property located within Noise Impact Area Boundaries.
For noise sensitive land use located in areas where the noise level is anticipated to be at or above 55 Ldn, the Applicant shall be required to demonstrate that a noise abatement strategy
will be incorporated into the building design that will achieve an indoor noise level equal to or less than 55 Ldn.
Avigation Easement.
An avigation easement dedicated to the Airport
owner in a form acceptable to the airport Sponsor. The avigation easement shall allow unobstructed passage for aircraft and ensure safety and use of the airport for the public.
Map.
A map or drawing showing the location of the subject property in relation to Airport Imaginary Surfaces.
Elevation Profiles and Site Plan.
Elevation profiles and a Ssite plan including:
Location of existing and proposed structures in relation to Airport or Heliport Imaginary Surfaces; and
Height of all existing and proposed structures, measured in feet above mean
sea level.
Written Agreements for Height Exception.
Written Agreements from the Airport/Heliport Sponsor and the FAA, if a height exception is requested.
Declaration of Anticipated
Noise Levels.
A declaration of anticipated noise levels for property located within Noise Impact Area boundaries. For noise sensitive land use located in areas where the noise level
is anticipated to be at or above 55 Ldn, the Aapplicant shall demonstrate that a noise abatement strategy will be incorporated into the building design that will achieve an indoor noise
level equal to or less than 55 Ldn.
Avigation Easement.
An Avigation and Hazard Easement dedicated to the Airport Sponsor, in a form acceptable to the Airport Sponsor. The Avigation
Easement shall allow unobstructed passage for aircraft and ensure safety and use of the Aairport for the public. A sample avigation easement is provided at in Article IV, Section 4-701,
Sample Avigation and Hazard Easement.
The Avigation and Hazard Easement shall be recorded in the office of the Garfield County Clerk and Recorder.
Applicant shall provide a copy of
the recorded instrument prior to issuance of a Bbuilding Ppermit.
14-4509. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO MUNICIPAL AND INDUSTRIAL WATER PROJECTS.
Efficient Water Use.
Description of efficient water use, recycling, and reuse technology
the Project intends to use.
Municipal and Industrial Water Projects.
Map and description of other municipal and industrial water projects in the vicinity of the Project, including their
capacity and existing service levels, location of intake and discharge points, service fees and rates, debt structure, and service plan boundaries and reasons for and against hooking
on to those facilities.
Demand.
Description of demands that this Project expects to meet and basis for projections of that demand.
DIVISION 5. PERMIT APPROVAL STANDARDS.
Approval of
a Permit to engage in activities of Sstate interest or development in areas of Sstate interest shall be based on whether the Proposed Project satisfies the following approval standards.
In determining whether the Proposed Project satisfies applicable standards, the BOCC shall take into consideration the construction, operation and cumulative Iimpacts of the Proposed
Project.
14-501. GENERAL APPROVAL STANDARDS.
The following general standards shall apply to all applications subject to review under this Code: ese Regulations.
Necessary Permits
Will Be Obtained.
Documentation that prior to Ssite disturbance associated with the Proposed Project, the Aapplicant can and will obtain all necessary property rights, permits, and
approvals. The BOCC may, at its discretion, defer making a final decision on the application until outstanding property rights, permits, and approvals are obtained.
Expertise and Financial
Capability.
The Aapplicant has the necessary expertise and financial capability to develop and operate the Proposed Project consistent with all requirements and conditions
Technical
and Financial Feasibility.
The Proposed Project is technically and financially feasible.
Risk From Natural Hazards.
The Proposed Project is not subject to significant risk from natural
hazards.
Consistent Plans.
The Proposed Project will be in conformance with the Comprehensive Plan, municipal master plans, and any other applicable plan.
Effect on Local Government
Services.
The Proposed Project will not have a significant adverse effect on the capability of local government to provide services or exceed the capacity of service delivery systems.
Housing.
The Proposed Project will not have a significant adverse effect on housing availability or cost.
Financial Burden.
The Proposed Project will not create an undue financial
burden on existing or future residents of the County
Effect on Economy.
The Proposed Project will not significantly degrade any sector of the local economy.
Recreational Experience.
The Proposed Project will not have a significant adverse effect on the quality or quantity of recreational opportunities and experience.
Conservation.
The planning, design, and operation
of the Proposed Project will reflect principleals of resource conservation, energy efficiency and recycling or reuse.
Natural Environment.
The Proposed Project will not significantly
degrade the natural environment. Appendix “A” includes the considerations that will be used to determine whether there will be significant degradation of the environment. For purposes
of this section, the term environment shall include:
Air quality;.
Visual quality;.
Surface water quality;.
Groundwater quality;.
Wetlands and Rriparian Aareas;.
Terrestrial and aquatic
animal life;.
Terrestrial and aquatic plant life;. and
Soils and geologic conditions.
Nuisance.
The Proposed Project will not cause a nuisance as defined within this Codee Garfield
County Land Use and Development Code.
Areas of Paleontological, Historic or Archaeological Importance.
The Proposed Project will not significantly degrade areas of paleontological,
historic, or archaeological importance.
Release of Hazardous Materials.
The Proposed Project will not result in unreasonable risk of releases of hazardous materials. In making this
determination as to such risk, the BOCC’s oard's consideration shall include:
Plans for compliance with Ffederal and Sstate handling, storage, disposal, and transportation requirements;
.
Use of waste minimization techniques; .and
Adequacy of spill prevention and response plans.
Benefits Versus Loss of Resources.
The benefits accruing to the County and its citizens from the proposed activity outweigh the losses of any resources within the County, or the losses
of opportunities to develop such resources.
Best Alternative.
The Proposed Project represents the alternative that best complies with these Regulations.
Project Need.
The Proposed
Project is needed within the County and/or area to be served.
14-502. ADDITIONAL STANDARDS APPLICABLE TO RAPID OR MASS TRANSIT FACILITIES.
In addition to the general standards set
forth in Section 14-5,601, the following additional standards shall apply to Rapid or Mass Transit Facilities:
Areas Around Rapid or Mass Transit.
Areas around Rrapid or Mmass Ttransit
Ffacilities shall be administered to:
Promote the efficient utilization of the Rrapid or Mmass Ttransit Ffacility; and.
Facilitate traffic circulation patterns of roadways serving the
Mmass Ttransit Ffacility; and .
Promote development that will include bike and pedestrian paths providing access to the Rrapid or Mmass Ttransit Ffacility.
Site Selection.
Site Sselection
of Rapid or Mass Transit Facilities.
Activities involving Rapid or Mass Transit Facilities shall be conducted with reasonable considerations to the character of the area and its peculiar
suitability for particular uses.
Rapid or Mass Transit Facilities shall be located so as to preserve the value of buildings at the Ssite and avoid demolition of businesses or residences
to the extent possible. Proposed locations of Rapid or Mass Transit Facilities which will not require the demolition of residences or businesses shall be given preferred consideration
over competing alternatives.
Rapid or Mass Transit Facilities shall be located in a manner that encourages the most appropriate use of land through the affected corridor.
A proposed
location of a Rapid or Mass Transit tTerminal, sStation, or fFixed gGuideway that imposes a burden or deprivation on a local government cannot be justified on the basis of local benefit
alone, nor shall a Ppermit for such a location be denied solely because the location places a burden or deprivation on one local government as required by § Section 24-65.1-204(4)(c),
C.R.S.
Stations, shelters, and terminals shall be appropriately located to meet transit needs and to attract maximum ridership. The length of passenger platforms shall equal or exceed
the maximum length of any train or other conveyance that will load and unload passengers at the station.
Rapid or Mass Transit Facilities shall have adequate and safe ingress and egress for all transit modes.
The location of fixed guideways shall maximize joint use of rights-of-way for
trails and bikeways and other transportation alternatives.
Rapid or Mass Transit Facilities shall be designed and located in a manner that will reduce traffic congestion and resulting
air pollution.
Rapid or Mass Transit Facilities shall be located and designed so as to minimize noise and to protect and preserve unique natural and cultural factors and visual amenities.
Guideway
design and location shall not permit snow plumes from snow removal equipment on the guideway to reach the travel surface of a plowed public road except at intersections, nor shall guideways
be placed or designed so that snow plumes from snow removal equipment on public roads will reach the guideway. In determining the right-of-way and corridor alignment for Rrapid Ttransit,
consideration shall be given to areas needed for snow storage along the guideway.
The parking areas associated with a Rapid or Mass Transit tTerminal or sStation shall be capable of
holding a number of automobiles that equals the number of passengers expected to ride on peak periods multiplied by a factor of .75 unless the Aapplicant can demonstrate through studies
that a lesser number is sufficient.
The required capacity for parking areas associated with a terminal or station may be modified based upon sufficient evidence of passenger loading
from other forms of intermodal transfer (such as Amtrack, tTour busses, regional surface buses, carpools, etc.).
The Aapplicant may initially provide a smaller number of parking spaces
if the total area dedicated to potential parking expansion is shown to be large enough to accommodate the required number of parking spaces and the Aapplicant provides financial security
acceptable to the BOCC which guarantees that the required number can be built if actual need is shown after operation begins.
Access roads to a Rapid or Mass Transit sStation or tTerminal
shall be designed, constructed or improved to accommodate, during a 15 minute period, the maximum number of automobiles anticipated to arrive before the scheduled departure of the Mmass
Ttransit conveyance without causing cars to back up onto the public road serving the facility.
The Manual on Traffic Control Devices shall apply to safety devices at intersections of
a fixed guideway and other transportation corridors.
14-503. ADDITIONAL STANDARDS APPLICABLE TO AREAS AROUND ARTERIAL HIGHWAYS, INTERCHANGES, AND COLLECTOR HIGHWAYS.
In addition to
the general standards set forth in Section 14-5601, the following additional standards shall apply to areas around Aarterial Hhighways, interchanges, and collector highways:
Areas Around
Arterial Highways, Interchanges, and Collectors.
Areas around Aarterial Hhighways, interchanges, and collector highways shall be designed and administered to:
Encourage the smooth flow
of traffic;
Foster the development of such areas in a manner calculated to preserve the smooth flow of such traffic; and
Preserve desirable existing community patterns;.
Minimize danger associated with highway traffic;. and
Encourage compatibility with non-motorized traffic.
Site Selection.
Site Sselection
for Aarterial Hhighways, interchanges, and collector highways.
Arterial Hhighways and interchanges shall be located and designed so that community traffic needs are met.
Arterial Hhighways
and interchanges shall be located and designed so that desirable community patterns are not disrupted.
14-604. APPROVAL STANDARDS FOR SITE SELECTION OF AIRPORT OR HELIPORT LOCATION OR
EXPANSION.
Airports and Heliports shall be located or expanded in a manner that will minimize disruption to the environment, minimize the Iimpact on existing community services, and
complement the economic and transportation needs of the Sstate and the area. In addition to the general standards set forth in Section 14-5601, the following standards shall apply
to all applications proposing the location or expansion of an Airport or Heliport.
Airport Layout.
Airports shall be developed in accordance with an FAA-approved Layout Plan, or
a Layout Plan approved by the BOCC, complying with FAA Advisory Circular 150/5300-13A and the current Northwest Mountain Region Airport Layout Plan Checklist, with the exception that
aircraft tiedown dimensions need only be sufficient to provide adequate clearances for the aircraft to be tied down.
The Airport shall be developed in accordance with an FAA- approved
layout plan, or a layout plan approved by the BOCC complying with FAA Advisory Circular 150/5300-13 and the current Northwest Mountain Region Airport Layout Plan Checklist, with the
exception that aircraft tie-down dimensions need only be sufficient to provide adequate clearances for the aircraft to be tied down.
Heliport Layout.
Heliports and Hhelistops shall
be developed in accordance with an FAA- approved layout plan, or a layout plan approved by the BOCC complying with FAA Advisory Circular 150/5390-2 Heliports and helistops shall be
developed in accordance with an FAA-approved Layout Plan, or a Layout Plan approved by the BOCC complying with FAA Advisory Circular 150/5390-2..
Fabrication, Service, and Repair Operations.
All
fabrication, service, and repair operations shall be conducted in compliance with Airport Rules and Regulations.
Storage of Materials.
All storage of materials shall be within a building
or obscured by fence.
Ability to Obtain Necessary Permits.
The Aapplicant can and will obtain all necessary property rights, permits, approvals, and easements (including needed easements
for drainage, disposal, utilities, and avigation within Aairport area of influence) prior to Ssite disturbance associated with the Proposed Project. The BOCC may, at its discretion,
defer making a final decision on the application until outstanding property rights, permits, and approvals are obtained.
Conflict with Existing Easements.
The location of the Airport or Heliport Ssite or expansion will not unduly interfere with any existing easements for power or telephone lines, irrigation,
mineral claims, or roads.
Relationship to Economic and Transportation Needs.
The location of the Airport or Heliport Ssite or expansion compliements the existing and reasonably foreseeable
economic and transportation needs of the Sstate and of the area immediately served by the Aairport, particularly Mmass Ttransit Ffacilities.
Nuisance.
The location of the Airport or
Heliport Ssite or expansion shall not cause a nuisance as defined within this Codee Garfield County Land Use and Development Code. The immediate and future noise levels in communities
within the Aairport area of influence to be caused by the Aairport location or expansion and any anticipated future expansion will not violate any applicable local, Sstate, or Ffederal
laws or regulations; provided that in any area with a potential noise level of CNR 110 or more, no structure shall be allowed and existing structures shall be relocated.
SECTION 14-5605. APPROVAL
STANDARDS APPLICABLE TO AREAS AROUND AIRPORTS AND HELIPORTS.
Protection of Public Health, Safety and Welfare.
Areas around Airports and Heliports shall be administered to avoid danger
to public safety and health or to property due to aircraft crashes. In addition to the general standards set forth in Section 14-5601, the following standards apply to land use in
aAreas aAround Airports and Heliports.
Prohibited Uses and Activities.
The following uses are prohibited in the Airport/Heliport Influence Overlay District.
Sanitary landfills; and
Water
treatment plants.
No structures shall be allowed in the Runway Protection Zone (RPZ), except that accessory structures to airport operations may be located in the RPZ based upon approval
by the FAA. For purposes of this document, tee markers, tee signs, pin cups, and pins are not considered to be structures.
Public assembly facilities are prohibited in the RPZ.
High
density uses shall be prohibited in Approach Surfaces.
Permitted Uses and Activities.
The following uses are permitted within the Airport/Heliport Influence Area Overlay to the extent
that they are permitted by the underlying zone district, and the proposed use complies with applicable standards for the zone district, the use restrictions set forth in Section 3-403.C.1.,
Prohibited Uses and Activities, and the Airport/Heliport Influence Area Overlay District standards set forth in Section 7-603, Airport/Heliport Influence Area Overlay.
Public Assembly
Facilities. Public assembly facilities may be allowed in Approach Surfaces if the potential danger to public safety is minimal.
Residential. Residential structures shall be located
outside Approach Surfaces unless no practicable alternatives exist.
Golf Courses. Golf courses may be allowed conditioned upon the use of accepted management techniques to reduce existing Wildlife attractants and to avoid the creation of new Wildlife
attractants.
Farm Use. Farming practices that comply with the recommendations of FAA Advisory Circular 150/5200-3A, Hazardous Wildlife Attractants on or Near Airports, shall be encouraged.
Utiliti
es.
In the RPZ, utilities, power lines, and pipelines shall be located underground.
In Approach Surfaces and Airport Direct and Secondary Impact Areas, the proposed height of utilities
shall be coordinated with the Airport Sponsor and the BOCC.
Wetland Mitigation, Creation, Enhancement, and Restoration. Wetland construction, enhancement, restoration, or mitigation
projects within the Overlay District shall be subject to review under the Major Impact Review process, and may be permitted based upon compliance with the applicable standards Section
7-603.
Location of Wetland mitigation banks outside Approach Surfaces and areas regulated under this Overlay District is encouraged because of the potential for increased air navigation
safety hazards.
Wetland mitigation, creation, enhancement, or restoration projects existing or approved on the effective date of these regulations and located within areas regulated
under this overlay area are recognized as lawfully existing uses.
Water Impoundments in Approach Surfaces, Direct Impact Areas, and Secondary Impact Areas. Any use or activity that
would result in the establishment or expansion of water impoundments in Approach Surfaces, Direct Impact Areas, and Secondary Impact Areas shall comply with the following requirements:
No
new or expanded water impoundments of 1/4 acre in size or larger shall be permitted within an Approach Surface and within 5,000 feet from the end of a runway.
No new or expanded water
impoundments of 1/4 acre in size or larger shall be permitted on land owned by the Airport/Heliport Sponsor that is necessary for Airport/Heliport operations.
Noise.
Land use proposed
to be located within the Noise Impact Area Boundaries shall comply with the Airport Master Plan and FAA regulations.
Avigation and Hazard Easement.
An avigation and hazard easement
allowing unobstructed passage for aircraft and ensuring safety and use of the airport for the public shall be provided and dedicated to the Airport Sponsor.
Recording. The avigation
and hazard easement shall be recorded in the office of the County Clerk and Recorder.
Applicant shall provide a copy of the recorded instrument prior to issuance of a Building Permit.
Declaration of Anticipated Noise Levels.
A declaration of anticipated noise levels
shall be provided for any proposed Land Use Change, including division of land, or Building Permit application for property located within Noise Impact Boundary.
In areas where the
noise level is anticipated to be at or above 55 Ldn, for construction of a noise sensitive land use such as hotel/motel, school, church, hospital, public library, or similar use, the
Applicant shall be required to demonstrate that a noise abatement strategy will be incorporated into the building design that will achieve an indoor noise level equal to or less than
55 Ldn.
E. Communications Facilities and Electrical Interference.
No use shall cause or create electrical interference with navigational signals or radio communications between an
airport/heliport and aircraft.
Location of new or expanded radio, radiotelephone, and television transmission facilities and electrical transmission lines within the Airport/Heliport
Influence Area Overlay shall be coordinated with the BOCC and the FAA prior to approval.
The approval of cellular and other telephone or radio communication towers on leased property
located within Airport Imaginary Surfaces shall be conditioned upon their removal within 90 days following the expiration of the lease agreement. A bond or other security shall be required
to ensure this requirement.
F. Outdoor Lighting.
Lighting other than that associated with airport/heliport operations shall comply with the following standards.
Lighting shall not
project directly onto an existing heliport, runway or taxiway or into existing Airport Approach Surfaces.
Lighting shall incorporate shielding to reflect light away from Airport Approach
Surfaces.
Lighting shall not imitate airport lighting or impede the ability of pilots to distinguish between airport/heliport lighting and other lighting.
G. Use of Reflective Materials
Prohibited.
No glare-producing material including, but not limited to, unpainted metal or reflective glass, shall be used on the exterior of structures located within an Airport Approach
Surface or on nearby lands where glare could impede a pilot's vision.
H. Industrial Emissions That Obscure Visibility Prohibited.
No Development shall, as part of its regular operations,
cause emissions of smoke, dust, or steam that could obscure visibility within Airport Approach Surfaces. The BOCC shall impose conditions determined to be necessary to ensure that the
use does not obscure visibility.
I. Height Restrictions.
All uses permitted by the underlying zone shall comply with the height limitations in this Section. When height restrictions
of the underlying zone district are more restrictive than those of the Overlay District, the underlying zone district height limitations shall control.
J. Penetration of Development into Imaginary Surface Area.
No structure or tree, plant, or other object of natural growth shall penetrate an Airport Imaginary Surface, except as follows:
Structures
up to 35 feet in height may be permitted in areas within Airport/Heliport Imaginary Surfaces, except those outside the Approach and Transitional Surfaces where the terrain is at higher
elevations than the airport runway/heliport surfaces such that existing structures and permitted development penetrate or would penetrate the Airport Imaginary Surface.
Written agreement
by the Airport Sponsor and the FAA shall be provided for other height exceptions requested.
K. Wetland Construction, Enhancement, Restoration, or Mitigation.
Wetland construction,
enhancement, restoration, or mitigation projects within the Overlay District shall be shall comply with the following standards.
Wetland projects shall be designed and located to avoid
creating a Wildlife hazard or increasing hazardous movements of birds across runways or Approach Surfaces; and
Wetlands projects that create, expand, enhance, or restore Wetlands that
are proposed to be located within the Overlay District and that would result in the creation of a new Water Impoundment or expansion of an existing Water Impoundment, shall demonstrate
all of the following:
Off-site mitigation is not practicable;
The Wetland project involves existing Wetland areas regulated under the overlay district that have not been associated
with attracting problematic wildlife to the airport/heliport vicinity;
The affected Wetlands provide unique ecological functions, such as critical habitat for threatened or endangered
species or ground water discharge;
The resulting Wetlands are designed, and shall be maintained in perpetuity in a manner that will not increase hazardous movements of birds feeding,
watering, or roosting in areas across runways or Approach Surfaces; and
The proposed Wetland project shall be coordinated with the Airport Sponsor, the BOCC, the FAA and FAA's Technical
Representative, the Colorado Parks and Wildlife, the U.S. Fish and Wildlife Service, and the U.S. Army Corps of Engineers as part of the permit application.
Communications Facilities
and Electrical Interference. No use shall cause or create electrical interference with navigational signals or radio communications between an Aairport/Hheliport and aircraft.
Location
of new or expanded radio, radiotelephone, and television transmission facilities and electrical transmission lines within the Airport/Heliport Influence Area Overlay shall be coordinated
with the BOCC and the FAA prior to approval.
The approval of cellular and other telephone or radio communication towers on leased property located within Airport Imaginary Surfaces shall be conditioned upon their removal within
ninety (90) calendar days following the expiration of the lease agreement. A bond or other security shall be required to ensure this requirement.
Outdoor Lighting. Lighting other than
that associated with Aairport/Hheliport operations shall comply with the following standards.
Lighting shall not project directly onto an existing Hheliport, runwayRunway or taxiway,
or into existing Airport Approach Surfaces.
Lighting shall incorporate shielding to reflect light away from Airport Approach Surfaces.
Lighting shall not imitate Aairport lighting
or impede the ability of pilots to distinguish between Aairport/Hheliport lighting and other lighting.
Use of Reflective Materials Prohibited. No glare producing material, including,
but not limited to, unpainted metal or reflective glass, shall be used on the exterior of structures located within an Airport Approach Surface or on nearby lands where glare could impede
a pilot's vision.
Industrial Emissions That Obscure Visibility Prohibited. No development shall, as part of its regular operations, cause emissions of smoke, dust, or steam that could
obscure visibility within Airport Approach Surfaces.
Height Restrictions.
When height restrictions of the underlying zone district are more restrictive than those of the overlay
district, the underlying zone district height limitations shall control.
No structure or tree, plant, or other object of natural growth shall penetrate an Imaginary Surface except as
follows:
For areas within Airport or Heliport Imaginary Surfaces but outside the Approach and Transition Surfaces, where the terrain is at higher elevations than the Airport runwayRunway
or Heliport surfaces such that existing structures and permitted development penetrate or would penetrate the Airport Imaginary Surface, structures up to thirty-five (35) feet in height
may be permitted,. and
Written agreement by the Airport Sponsor and the FAA shall be provided for other height exceptions requested.
Wetland Construction, Enhancement, Restoration, or
Mitigation. Projects proposing Wwetland construction, enhancement, restoration, or mitigation within the area around an Airport or Heliport shall comply with the following approval
standards:.
Wetland Pprojects shall be designed and located to avoid creating a Wwildlife hazard or increasing hazardous movements of birds across runwayRunways or Approach Surfaces.
Wetlands Pprojects that create, enhance, or restore Wwetlands that are proposed to be located within an area around an Airport or Heliport facility and that would result in the creation
of a new water impoundment or expansion of an existing water impoundment shall demonstrate the following:
The affected Wwetlands provide unique ecological functions, such as critical habitat for threatened or endangered species or ground water discharge; and .
The resulting Wwetlands are
designed, and shall be maintained in perpetuity, in a manner that will not increase hazardous movements of birds feeding, watering or roosting in areas across Rrunways or approach surfaces.
Expansion
of existing Wwetland mitigation projects and new Wwetland mitigation Pprojects located within areas around an Airport or Heliport shall demonstrate at least 1one of the following:
Off-site
mitigation is not practicable; or
The affected Wwetlands provide unique ecological functions, such as critical habitat for threatened or endangered species or ground water discharge,
and the area proposed for mitigation is located outside an Approach Surface; or
The mitigation involves existing Wwetland within areas around an Airport or Heliport that have not been
associated with attracting problematic Wwildlife to the Airport or Heliport vicinity.
The proposed Wwetland Pproject shall be coordinated with the Airport Sponsor, the BOCCoard, the
FAA, and FAA's technical representative, the Colorado Department of Fish & Wildlife (ODFW), the U.S. Fish & Wildlife Service (USFWS), and the U.S. Army Corps of Engineers (Corps) as
part of the Ppermit application.
A Project proposing Wwetland construction, enhancement, restoration, or mitigation within areas around an Airport or Heliport shall include measures
deemed appropriate and necessary to prevent in perpetuity an increase in hazardous bird movements across Rrunways and Approach Surfaces.
The establishment of Wwetland mitigation banks
in the vicinity of Airports or Heliports but outside Approach Surfaces and areas around Airports or Heliports subject to this Codeese Regulations shall be encouraged.
Water Impoundments
Within Approach Surfaces and Airport Direct and Secondary Impact Boundaries. Any use or activity that would result in the establishment or expansion of a water impoundment shall comply
with the following standards.
New or expanded water impoundments of one-quarter acre in size or larger shall be prohibited in the following areas:
Within an Approach Surface and within
5,000 feet from the end of a Rrunway; and .
On land owned by the Airport or Heliport Sponsor that is necessary for Airport or Heliport operations.
Use Restrictions, Areas Around Airports
and Heliports.
Runway Protection Zone (RPZ). No structures shall be allowed within the Runway Protection Zone (RPZ). Exceptions shall be made for structures accessory to Aairport operations
whose location within the RPZ has been approved by the FAA.
For purposes of this document, tee markers, tee signs, pin cups, and pins are not considered to be structures.
Utilities, power lines, and pipelines located in the RPZ must be underground.
Approach
Surfaces.
Public assembly facilities may be allowed in an Approach Surface if the potential danger to public safety is minimal.
High density uses and residential structures should
be located outside Approach Surfaces unless no practicable alternatives exist.
Uses Prohibited in Areas Around Airports or Heliports:
Sanitary Landfills. Sanitary landfills are not
permitted.
Water Treatment Plants. Water treatment plants are not permitted.
Uses Allowed in Areas Around Airports or Heliports:
Golf Courses. Golf courses may be permitted upon demonstration
that satisfactory management techniques will be utilized to reduce existing Wwildlife attractants and avoid the creation of new Wwildlife attractants. Such techniques shall be required
as conditions of the approval.
Farm Use. Farming practices complying with the recommendations of FAA Advisory Circular 150/5200-3A, Hazardous Wildlife Attractants on or Near Airports,
shall be encouraged.
Utilities. The proposed height of utilities located in Approach Surfaces and Airport Direct and Secondary Impact Areas shall be coordinated with the Airport Sponsor.
Restriction
s In RPZ, Approach Surface, and Impact Areas. The land use restrictions in the RPA, Approach Surface, Direct Impact Areas and Secondary Impact Area are identified in the following use
table.
Table 14-505: Use Restrictions, RPZ, Approach Surface, and Impact Areas.
P = Use is Permitted
L = Use is Allowed under Limited Circumstances (see footnotes)
N = Use is
Not Allowed
RPZ
Approach Surface1
Direct Impact Area
Secondary Impact Area
Public Airport
L
L
P
P
Residential
N
L2
L
P
Commercial
N
L
L
P
Industrial
N
L
P
P
Instit
utional
N
L
L
P
Roads/Parking
L3
P
P
P
Parks/Open Space
L
P
P
P
Athletic Fields
N
L
L
P
Mining
N
L
L
L
1. Within 10,000 feet from the end of the primary
surface of a non-precision instrument Rrunway, and within 50,000 feet from the end of the primary surface of a precision instrument Rrunway.
2. Residential densities within Aapproach
and Ttransitional Ssurfaces should not exceed: (1) within 500 feet of the outer edge of the RPZ, 1 unit per acre; (2) within 500 to 1,500 feet of the outer edge of the RPZ, 2 units per
acre; (3) within 1,500 to 3,000 feet of the outer edge of the RPZ, 4 units per acre.
3. Roads and parking areas are permitted in the RPZ only upon demonstration that there are not practicable
alternatives. Lights, guardrails, and related accessory structures are prohibited. Cost may be considered in determining whether practicable alternatives exist.
Source: Model Public
Use Airport Safety And Compatibility Overlay Zone (Visual and Instrument Approach Airports), Oregon Department of Aviation
1. Within 10,000 feet from the end of the primary surface of a non-precision instrument Rrunway, and within 50,000 feet from the end of the primary surface of a precision instrument
Rrunway.
2. Residential densities within Aapproach and Ttransitional Ssurfaces should not exceed: (1) within 500 feet of the outer edge of the RPZ, 1 unit per acre; (2) within 500 to
1,500 feet of the outer edge of the RPZ, 2 units per acre; (3) within 1,500 to 3,000 feet of the outer edge of the RPZ, 4 units per acre.
3. Roads and parking areas are permitted in
the RPZ only upon demonstration that there are not practicable alternatives. Lights, guardrails, and related accessory structures are prohibited. Cost may be considered in determining
whether practicable alternatives exist.
Source: Model Public Use Airport Safety And Compatibility Overlay Zone (Visual and Instrument Approach Airports), Oregon Department of Aviation
Separation
of Noise-Sensitive Land Use.
Areas around Airports and Heliports shall be administered to encourage land use patterns that will separate uncontrollable noise sources from residential
and other noise-sensitive areas. Within Airport or Heliport Noise Impact Boundaries, the following land use restrictions shall apply, based upon noise levels:
Table 14-505- Use Restrictions
of Noise-Sensitive Land Use
P = Use is Permitted
L = Use is Not Recommended but May be Allowed under Certain Circumstances
N = Use is Not Allowed
Land Use
Yearly Day-Night Average
Sound Level (Ldn)
in Decibels
<65
65-70
70-75
75-80
80-85
>85
Residential Eexcept Mmobile Hhomes & Ttransient Llodging
P
L
L
N
N
N
Mobile Home Parks
P
N
N
N
N
N
Transi
ent Lodging
P
L
L
L
N
N
Schools, Hospitals & Nursing Homes
P
L
L
N
N
N
Churches, Auditoriums & Concert Halls
P
L
L
N
N
N
Government Service
P
P
L
L
N
N
Transportat
ion
P
P
L
L
L
L
Parking
P
P
L
L
L
N
Commercial Use
P
P
L
L
N
N
Wholesale & Retail – Bbuilding Mmaterials, Hhardware & Ffarm Eequipment
P
P
L
L
L
N
Retail
Trade -– General
P
P
L
L
N
N
Utilities
P
P
L
L
L
N
Communication
P
P
L
L
L
N
Manufacturing & Production
P
P
L
L
L
N
Photographic & Optical
P
P
L
L
L
N
Agr
iculture (Eexcept Llivestock) & Fforestry
P
L
L
L
L
L
Livestock Faring & Breeding
P
L
L
N
N
N
Mining & Fishing
P
P
P
P
P
P
Outdoor Sports Arenas & Spectator
Sports
P
L
L
N
N
N
Outdoor Music Shells, Amphitheatres
P
N
N
N
N
N
Nature Exhibits & Zoos
P
P
N
N
N
N
Amusements, Parks, Resorts & Camps
P
Y
Y
N
N
N
Golf
Courses, Riding Stables & Water Recreation
P
P
L
L
N
N
Source: AC150/5020-1.
DIVISION 6. FINANCIAL GUARANTEE.
14-601. FINANCIAL GUARANTEE REQUIRED.
Before any Ppermit is issued under this Codeese Regulations, the BOCC shall require the Aapplicant to file a
guarantee of financial security deemed adequate by the BOCC and payable to the County. The purpose of the financial guarantee is to assure the following:
Completion.
That the Proposed
Project is completed and, if applicable, that the Development Area is properly reclaimed.
Performance.
That the Aapplicant performs all mitigation requirements and permit conditions
in connection with the construction, operation, and termination of the Proposed Project.
Increases Borne By Permittee.
That increases in public facilities and services necessitated
by the construction, operation, and termination of the Proposed Project are borne by the permittee.
Shortfall to County Revenues.
That shortfalls to County revenues are offset in the
event that the Proposed Project is suspended, curtailed, or abandoned.
SECTION 14-6702. AMOUNT OF FINANCIAL GUARANTEE.
In determining the amount of the financial guarantee, the County
shall consider the following factors:
Estimated Cost of Completion.
The estimated cost of completing the Proposed Project and, if applicable, of returning the Development Area to its
original condition or to a condition acceptable to the County.
Estimated Cost of Performing All Mitigation.
The estimated cost of performing all mitigation requirements and Ppermit conditions
in connection with the construction, operation, and termination of the Proposed Project, including:
The estimated cost of providing all public services necessitated by the proposed activity
until two (2) years after the proposed activity ceases to operate; and
The estimated cost of providing all public facilities necessitated by the proposed activity until all such costs
are fully paid.
SECTION 14-6703. ESTIMATE.
Estimated cost shall be based on the Aapplicant’s submitted cost estimate plus the BOCCoard’s estimate of the additional cost to the County
of bringing in personnel and equipment to accomplish any unperformed purpose of the financial guarantee. The BOCC shall consider the duration of the development or activity and compute
a reasonable projection of increases due to inflation. The BOCC may require, as a condition of the Ppermit, that the financial security be adjusted upon receipt of bids to perform the
requirements of the Ppermit and this CodeRegulations.
SECTION 14-6704. FORM OF FINANCIAL GUARANTEE
Form Acceptable.
The financial guarantee may be in any form acceptable to the BOCCoard.
Cash Deposited.
At least ten percent (10%) of the
amount of the financial guarantee must be in cash deposited with the County’s treasurer and placed in an earmarked escrow account mutually agreeable to the BOCC and Aapplicant.
SECTION
14-7065. RELEASE OF GUARANTEE.
The financial guarantee may be released only when:
Surrender of Permit.
The Ppermit has been surrendered to the BOCC before commencement of any physical
activity on the Ssite of the permitted Project; or
Project Abandonment.
The Project has been abandoned and the Ssite has been returned to its original condition or to a condition acceptable
to the County; or
Satisfactory Completion.
The Project has been satisfactorily completed; or
Completion of Phase.
A phase or phases of the Project have been satisfactorily completed
allowing for partial release of the financial guarantee consistent with Project phasing and as determined appropriate by the BOCCoard; or
Satisfied Conditions.
The applicable guaranteed
conditions have been satisfied.
SECTION 14-6706. CANCELLATION OF THE FINANCIAL GUARANTEE.
Any financial guarantee may be canceled only upon the BOCCoard’s written consent, which may
be granted only when such cancellation will not detract from the purposes of the security.
SECTION 14-6707. FORFEITURE OF FINANCIAL GUARANTEE
Written Notice.
If the BOCC determines that
a financial guarantee should be forfeited because of any violation of the Ppermit, mitigation requirements, conditions, or any applicable rRegulations adopted by the BOCCoard, it shall
provide written notice to the surety and the Applicantpermittee that the financial guarantee will be forfeited unless the permittee makes written demand to the BOCCoard, within thirty
(30) days after permittee’s receipt of notice, requesting a hearing before the BOCCoard. If no demand is made by the permittee within said period, then the BOCC shall order the financial
guarantee forfeited.
Public Hearing.
The BOCC shall hold a hearing within thirty (30) days after the receipt of the demand by the permittee. At the hearing, the permittee may present
for the consideration of the BOCC statements, documents, and other information with respect to the alleged violation. At the conclusion of the hearing, the BOCC shall either withdraw
the notice of violation or enter an order forfeiting the financial guarantee.
Disbursement.
The deposit described above may be used by the BOCC in the event of the default or allowed default of the Ppermit holder, only for the purposes of recovering on the surety
or fulfilling the Ppermit obligation of the Ppermit holder. In the event that the ultimate reviewing court determines that there has been a default by the Ppermit holder, that portion
of any moneys expended by the County from the escrow funds relating to such default shall be replaced in the escrow account by the BOCC immediately following such determination. The
County may arrange with a lending institution, which provides money for the Ppermit holder that said institution may hold in escrow any funds required for said deposit. Funds shall
be disbursed out of escrow by the institution to the County upon County’s demand for the purpose specified in this section.
Inadequate Revenue.
If the forfeiture results in inadequate
revenue to cover the costs of accomplishing the purposes of the financial guarantee, the County’s attorney shall take such steps as deemed proper to recover such costs where recovery
is deemed possible.
SECTION 14-6708. SUBSTITUTE OF FINANCIAL GUARANTEE.
If the license to do business in Colorado of any surety upon a security filed pursuant to this regulation is
suspended or revoked by any Sstate authority, then the Aapplicant shall within sixty (60) days after receiving notice thereof, substitute a good and sufficient surety licensed to do
business in Colorado. Upon failure of the permittee to make substitution within the time allowed, the BOCC shall suspend the Ppermit until proper substitution has been made.
DIVISION
76. PERMIT ADMINISTRATION AND ENFORCEMENT.
14-7601. ENFORCEMENT AND PENALTIES.
Enjoinment.
Any person engaging in development in the designated area of Sstate interest or conducting
a designated activity of Sstate interest who does not obtain a Permit pursuant to this Codeese Regulations, who does not comply with Permit requirements, or who acts outside the jurisdiction
of the Permit may be enjoined by the County or the Colorado Land Use Commission from engaging in such development, and may be subject to such other criminal or civil liability as may
be prescribed by law.
Material Changes in the Construction or Operation.
If the County determines at any time that there are material changes in the construction or operation of the
Project from that approved by the County, the Permit may be immediately suspended and a hearing shall be held to determine whether new conditions are necessary to ensure compliance with
the approval standards or if the Permit should be revoked.
14-7602. PERMIT SUSPENSION OR REVOCATION.
Temporary Suspension.
The BOCC may temporarily suspend the Ppermit for a period of
30 days for any violation of the Ppermit or the applicable rRegulations. The Ppermit holder shall be given written notice of the violation and will have a minimum of 15 days to correct
the violation. If the violation is not corrected, the Ppermit shall be temporarily suspended for 30 days.
Revocation.
The County may revoke a Ppermit granted pursuant to this Codeese
Regulations if any of the activities conducted by the permittee violates the conditions of the Permit or this Codeese Regulations, or the County determines that the project as constructed
or
operated has impacts not disclosed in the application. Prior to revocation, the permittee shall receive written notice and be given an opportunity for a hearing before the BOCCoard.
The BOCC may revoke the Permit or may specify a time by which action shall be taken to correct any violations for the Permit to be retained.
14-7603. TRANSFER OF PERMITS.
A Ppermit
may be transferred only with the written consent of the BOCCoard. Consent shall be in the sole discretion of the BOCCoard. The BOCC shall ensure, in approving any transfer, that the
proposed transferee can and will comply with all the requirements, terms, and conditions contained in the Permit, and this Codeese Regulations; that such requirements, terms, and conditions
remain sufficient to protect the health, welfare, and safety of the public; and that an adequate guarantee of financial security can be made.
14-7604. INSPECTION.
The BOCC may enter
and inspect any property subject to this Codeese Regulations at reasonable hours for the purpose of determining whether the activity is in violation of this Codeese Regulations.
14-7605. JUDICIAL
REVIEW.
Any action seeking judicial review of a final decision of the BOCC shall be initiated within 30 days after the decision is made, in the District Court in and for the County
of Garfield, pursuant to Rule 106 of the Colorado Rules of Civil Procedure.
APPENDIX A
This Appendix provides examples of the types of concerns that the BOCC of County Commissioners will take into consideration in determining whether an application for a
Ppermit has complied with the approval standards contained in Division 56 of this Codeese Regulations.
A.1 The determination of technical and financial feasibility may include, but
is not limited to, the following considerations:
a. Amount of debt associated with the proposed activity; .
b. Debt retirement schedule and sources of funding to retire the debt; .
c. Estimated
construction costs and construction schedule; .
d. Estimated annual operation, maintenance and monitoring costs; and.
e. Market cConditions.
A.2 The determination of risk from natural
hazards may include, but is not limited, to the following considerations:
a. Faults and fissures;.
b. Unstable slopes including landslides, rock slides and avalanche areas;.
c. Expansive
or evaporative soils and risk of subsidence;.
d. Wildfire hazard areas.; and
e. Floodplains.
A.3 The determination of the effects of the proposed activity on capability of local government
to provide services or exceed the capacity of service delivery systems may include, but is not limited, to the following considerations:
a. Existing and potential financial capability
of local governments to accommodate development related to the proposed activity; .
b. Current and projected capacity of roads, schools, infrastructure, housing, and other services and
Iimpact of the proposed activity upon the capacity; .
c. Changes caused by the proposed activity in the cost of providing education, transportation networks, water treatment and wastewater
treatment, emergency services, or other governmental services or facilities; .
d. Changes in short or long- term housing availability, location, cost, or condition; .
e. Need for temporary
roads to access the construction of the proposed activity; .
f. Change in demand for public transportation; .and
g. Change in the amount of water available for future water supply in
the County.
A.4 The determination of the effects of the proposed activity on the financial burden of existing or future residents of the County may include, but is not limited to, the
following considerations:
a. Changes in assessed valuation;.
b. Tax revenues and fees to local governments that will be generated by the proposed activity;.
c. Changes in tax revenues caused by agricultural lands being removed from production;.
d. Changes in costs to water users to exercise their water rights;.
e. Changes in costs of water
treatment or wastewater treatment;.
f. Effects on wastewater discharge permits;.
g. Inability of water users to get water into their diversion structures;. and
h. Changes in total property
tax burden.
A.5 The determination of the effects of the proposed activity on any sector of the local economy may include, but is not limited to, the following considerations:
a. Changes
to projected revenues generated from each economic sector;.
b. Changes in the value or productivity of any lands;. and
c. Changes in opportunities for economic diversification.
A.6 The
determination of effects of the proposed activity on recreational opportunities and experience may include, but is not limited to, the following considerations:
a. Changes to existing
and projected visitor days;.
b. Changes to duration of kayaking and rafting seasons;.
c. Changes in quality and quantity of fisheries;.
d. Changes in access to recreational resources;.
e. Changes
to quality and quantity of hiking trails;.
f. Changes to the wilderness experience or other opportunity for solitude in the natural environment;.
g. Changes to hunting;. and
h. Changes
to the quality of the skiing experience.
A.7 The determination of effects of the proposed activity on air quality may include, but is not limited to, the following considerations:
a. Changes
to seasonal ambient air quality;.
b. Changes in visibility and microclimates;. and
c. Applicable air quality standards.
A.8 The determination of visual effects of the proposed activity
may include, but is not limited to, the following considerations:
a. Visual changes to ground cover and vegetation, waterfalls and streams, or other natural features;.
b. Interference
with view sheds and scenic vistas;.
c. Changes in appearances of forest canopies;.
d. Changes in landscape character types or unique land formations;. and
e. Compatibility of building
and structure design and materials with surrounding land uses.
A.9 The determination of effects of the proposed activity on surface water quality may include, but is not limited to,
the following considerations:
a. Changes to existing water quality, including patterns of water circulation, temperature, conditions of the substrate, extent and persistence of suspended particulates and clarity,
odor, color or taste of water.;
b. Applicable narrative and numeric water quality standards;.
c. Changes in point and nonpoint source pollution loads;.
d. Increase in erosion;.
e. Changes
in sediment loading to waterbodiesWater Bodies;.
f. Changes in stream channel or shoreline stability;.
g. Changes in stormwater runoff flows;.
h. Changes in trophic status or in eutrophication
rates in lakes and reservoirs;.
i. Changes in the capacity or functioning of streams, lakes, or reservoirs;.
j. Changes in flushing flows.; and
k. Changes in dilution rates of mine
waste, agricultural runoff, and other unregulated sources of pollutants.
A.10 The determination of effects of the proposed activity on groundwater quality may include, but is not limited
to, the following considerations:
a. Changes in aquifer recharge rates, groundwater levels and aquifer capacity including seepage losses through aquifer boundaries and at aquifer-stream
interfaces;.
b. Changes in capacity and function of wells within the Iimpact Aarea;. and
c. Changes in quality of well water within the Iimpact Aarea.
A.11 The determination of effects
of the proposed activity on Wwetlands and Rriparian Aareas may include, but is not limited, to the following considerations:
a. Changes in the structure and function of Wwetlands;.
b. Changes
to the filtering and pollutant uptake capacities of Wwetlands and Rriparian Aareas;.
c. Changes to aerial extent of Wwetlands;.
d. Changes in species’ characteristics and diversity;.
e. Transition
from Wwetland to upland species;. and
f. Changes in function and aerial extent of Ffloodplains.
A.12 The determination of effects of the proposed activity on terrestrial or aquatic life
may include, but is not limited to, the following considerations:
a. Changes that result in loss of oxygen for aquatic life;.
b. Changes in flushing flows;.
c. Changes in species composition
or density;.
d. Changes in number of threatened or endangered species;.
e. Changes to habitat and critical habitat, including calving grounds, mating grounds, nesting grounds, summer
or winter range, migration routes, or any other habitat features necessary for the protection and propagation of any terrestrial animals;.
f. Changes to habitat and critical habitat,
including stream bed and banks, spawning grounds, riffle and side pool areas, flushing flows, nutrient accumulation and cycling, water temperature, depth and circulation, stratification,
and any other conditions necessary for the protection and propagation of aquatic species;. and
g. Changes to the aquatic and terrestrial food webs.
A.13 The determination of effects
of the proposed activity on terrestrial plant life or habitat may include, but is not limited to, the following considerations:
a. Changes to habitat of threatened or endangered plant
species;.
b. Changes to the structure and function of vegetation, including species composition, diversity, biomass, and productivity;.
c. Changes in advancement or succession of desirable
and less desirable species, including noxious weeds;. and
d. Changes in threatened or endangered species.
A.14 The determination of effects of the proposed activity on soils and geologic
conditions may include, but is not limited to, the following considerations:
a. Changes to the topography, natural drainage patterns, soil morphology, and productivity, soil erosion
potential, and Ffloodplains;.
b. Changes to stream sedimentation, geomorphology, and channel stability;.
c. Changes to lake and reservoir bank stability and sedimentation, and safety
of existing reservoirs;.
d. Changes to avalanche areas, mudflows and debris fans, and other unstable and potentially unstable slopes;. and
e. Exacerbation of seismic concerns and subsidence.
A.15 The
determination of the risks of a release of hazardous materials from the proposed activity may include, but is not limited to, the following considerations:
a. Plans for compliance with
Ffederal and Sstate handling, storage, disposal, and transportation requirements;.
b. Use of waste minimization techniques;. and
c. Adequacy of spill prevention and response plans.