HomeMy WebLinkAboutExhibit G - Article 4 - AirportGARFIELD COUNTY, COLORADO Article 4: Application and Review Procedures Airport Specific Recommendations ULUR 2008
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-I ARTICLE 4 APPLICATION AND REVIEW PROCEDURES TABLE OF CONTENTS DIVISION 1. REVIEW PROCESS FOR LAND USE CHANGE REQUESTS..............
............ 1 SECTION 4-101. COMMON REVIEW PROCEDURES........................................................ 1 A. Pre-Application Conference. .......................................................
................................. 1 B. Determination of Application Completeness Review. ................................................... 2 C. Review by Referral Agency............................
.............................................................. 3 D. Evaluation by Director/Staff Review............................................................................. 3
E. Notice of Public Hearing. ............................................................................................. 3 F. Review and Recommendation. ............................................
........................................ 5 G. Decision....................................................................................................................... 5 H. Duration
of Approval and Expiration. ........................................................................... 5 I. Extension of Approval.....................................................................
............................. 6 SECTION 4-102. APPLICABILITY OF COMMON REVIEW PROCEDURES. ..................... 6 SECTION 4-103. ADMINISTRATIVE REVIEW.................................................
................... 8 A. Overview. .................................................................................................................... 8 B. Review Process............................
............................................................................... 8 C. Review Criteria. .................................................................................................
.......... 8 SECTION 4-104. LIMITED IMPACT REVIEW. .................................................................... 8 A. Overview. ................................................................
.................................................... 8 B. Review Process........................................................................................................... 8
C. Review Criteria. ........................................................................................................... 8 SECTION 4-105. MAJOR IMPACT REVIEW...................................
.................................... 9 A. Overview. .................................................................................................................... 9 B. Review Process...........
................................................................................................ 9 C. Review Criteria. ................................................................................
........................... 9 SECTION 4-106. AMENDMENTS TO AN APPROVED LAND USE CHANGE PERMIT. .... 9 A. Overview. ....................................................................................
................................ 9 B. Review Process........................................................................................................... 9 C. Review Criteria.
..........................................................................................................10 SECTION 4-107. MINOR TEMPORARY HOUSING FACILITY. .........................................
10 A. Overview. ...................................................................................................................10 B. Review Process................................................
..........................................................10 C. Review Criteria. ..........................................................................................................11
SECTION 4-108. VACATION OF A COUNTY ROAD OR PUBLIC RIGHT OF WAY. ........11 A. Overview. ..............................................................................................................
.....11 B. Review Process..........................................................................................................11 C. Review Criteria. .............................................
.............................................................13 SECTION 4-109. Development in the 100-Year Floodplain.............................................13 SECTION 4-110. LOCATION
AND EXTENT REVIEW. ......................................................14 A. Overview. ..............................................................................................................
.....14 B. Review Process..........................................................................................................14
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-II C. Review Criteria. ..........................................................................................................14
SECTION 4-111. CALL-UP BY BOCC. ..............................................................................14 A. Overview. .........................................................................
..........................................14 B. Review Process..........................................................................................................15 C. Review Criteria.
..........................................................................................................15 SECTION 4-112. REZONING. .................................................................
...........................15 A. Overview. ...................................................................................................................15 B. Review Process.....................
.....................................................................................15 C. Review Criteria. ...........................................................................................
...............15 SECTION 4-113. LAND USE CODE TEXT AMENDMENT.................................................15 A. Overview. .........................................................................
..........................................15 B. Review Process..........................................................................................................16 C. Review Criteria.
..........................................................................................................16 SECTION 4-114. DESIGNATION OF FLOODWAY OR FLOOD FRINGE AREA. ..............16
A. Overview. ...................................................................................................................16 B. Review Process...................................................
.......................................................16 C. Review Criteria. ..........................................................................................................16
SECTION 4-115. VARIANCE. ............................................................................................16 A. Overview. ..................................................................
.................................................16 B. Review Process..........................................................................................................17 C. Review
Criteria. ..........................................................................................................17 SECTION 4-116. APPEAL OF AN ADMINISTRATIVE INTERPRETATION OF THE
CODE………………………………………………………………………………………………….17 A. Overview. ...................................................................................................................17 B. Review
Process..........................................................................................................17 C. Review Criteria. ...............................................................
...........................................18 SECTION 4-117. WAIVER OF STANDARDS.....................................................................18 A. Overview. ..................................
.................................................................................18 B. Review Process..................................................................................................
........18 C. Review Criteria. ..........................................................................................................18 DIVISION 2. GENERAL SUBMITTAL REQUIREMENTS.................
....................................19 SECTION 4-201. APPLICATION MATERIALS. .................................................................19 A. Required Submissions...............................
.................................................................19 B. Additional Submissions...............................................................................................19
SECTION 4-202. WAIVER OF SUBMISSION REQUIREMENTS. ......................................21 A. Authority. ..............................................................................................
......................21 B. Review Process..........................................................................................................21 C. Review Criteria. ............................
..............................................................................21 D. Effect of Approval. ...............................................................................................
.......21 SECTION 4-203. DESCRIPTION OF SUBMITTAL REQUIREMENTS. ..............................21 A. Professional Qualifications........................................................................
..................21 B. General Application Materials. ....................................................................................22 C. Vicinity Map. ........................................
.......................................................................23 D. Site Plan.................................................................................................................
....23 E. Erosion and Sediment Control Plan. ...........................................................................24 F. Landscape Plan...........................................................
...............................................26 G. Impact Analysis. .........................................................................................................26 H. Rezoning
Justification Report. ....................................................................................28
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-III I. Statement of Appeal. ..................................................................................................28
J. Development Agreement. ...........................................................................................28 K. Improvements Agreement. ....................................................
.....................................28 L. Traffic Study. ..............................................................................................................29 M. Water Supply
Plan......................................................................................................33 DIVISION 3. ADDITIONAL SUBMISSION REQUIREMENTS FOR SPECIFIC APPLICATION TYPES…………………...
..........................................................................................................35 SECTION 4-301. MINOR TEMPORARY HOUSING FACILITY. .........................................
35 A. Review Process..........................................................................................................35 B. Submission Requirements............................................
..............................................36 SECTION 4-302. REQUEST TO VACATE A COUNTY ROAD OR PUBLIC RIGHT-OF-WAY……………………………………………………………………………………………………39 A. Submission Requirements..............
............................................................................39 SECTION 4-303. LAND USE IN FLOODPLAIN OVERLAY DISTRICT. .............................40 A. Site Plan....................
.................................................................................................40 B. Channel Cross-Section...........................................................................
....................40 C. Construction Specifications.........................................................................................40 D. Alteration of Water Course.........................
.................................................................40 E. Floodway Analysis......................................................................................................41
F. Floodplain Impact Report............................................................................................42 SECTION 4-304. LAND USE IN AIRPORT/HELIPORT INFLUENCE AREA OVERLAY
DISTRICT……………………………………………………………………………………………..42 A. Applicability. ...............................................................................................................42 B.
Location Map..............................................................................................................42 C. Elevation Profiles and Site Plan.......................................
...........................................42 D. Written Agreements for Height Exception. ..................................................................43 E. Declaration of Anticipated
Noise Levels......................................................................43 F. Avigation Easement.............................................................................................
.......43
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-IV (This Page Left Blank Intentionally)
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-1 ARTICLE 4: APPLICATION AND REVIEW PROCEDURES DIVISION 1. REVIEW PROCESS FOR LAND USE CHANGE REQUESTS. SECTION 4-101.
COMMON REVIEW PROCEDURES. The following review procedures apply to all Land Use Change applications. Where these procedures are modified for a specific application type, the change is
noted in that Section. A. Pre-Application Conference. All Land Use Change applications shall begin with a pre-application conference between the Applicant and the Director unless otherwise
provided in the specific application section.1. Purpose. The pre-application conference is intended to provide the County with information pertinent to the site and the proposal; provide
the Applicant with an understanding of the applicable review procedures and the standards to be met for approval of the application; and to explain the application materials required
for submittal. 2. Procedure. The Applicant shall request a pre-application conference through the Planning Department. a. Scheduling of Pre-Application Conference. Within 20 days of
receiving a request, the Director shall schedule a pre-application conference. The pre-application conference may be held in the Planning Department office or at the site. b. Materials.
The Applicant shall bring a conceptual Site Plan to the conference. The conceptual Site Plan shall be of sufficient detail to accurately convey the concept, character, location, parcel
size, and magnitude of the proposed Development. c. Participants. In addition to the Planning Department staff, if the Director feels that the proposal raises potential issues for roads,
access, parking, traffic, water supply, sanitation, and/or natural resource protection, the appropriate staff shall be included in the pre-application conference. d. Determination of
Level of Review. The Director shall determine the appropriate review process for the requested Land Use Change. 3. Staff Comments and Written Summary. Any comments made by County staff
during the pre-application conference are preliminary in nature and not binding. Formal comments cannot be made by staff until after the application is submitted and adjacent and/or
nearby property owners and referral agencies have had an opportunity to comment. The Director shall prepare a written summary within 10 days from the date of the pre-application conference
that describes the review process, submittal
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-2 requirements, and anticipated time frames, and shall set forth any concerns or conflicts, known at that time, that
may impact the Applicant’s proposal. The information provided in the written summary shall be valid for a period of 6 months from the date of the written summary. B. Determination of
Application Completeness Review. 1. Director Review. The Director shall determine whether the application is complete based on compliance with the submittal requirements for the applicable
review process. Completeness review shall take place in the following time frames: a. General applications: 10 days. b. Major applications, as identified below: 20 days. (1) Major Impact
Review; (2) Limited Impact Review; (3) Rezoning, nonresidential; (4) Subdivision; and (5) PUD. 2. Determination. The Director shall make 1 of the following determinations: a. Application
is Not Complete. If the application is not complete, the Director shall inform the Applicant of the deficiencies in writing and shall take no further action on the application until
the deficiencies are remedied. If the Applicant fails to correct the deficiencies within 60 days, the application shall be considered withdrawn and returned to the Applicant. b. 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. 3. Extension of Time for Determination
of Completeness. The BOCC may authorize an extension of time to complete review for a determination of completeness when: a. Scope of Application. The scope of the Land Use Change application
is sufficient to require additional time for the Director to review the application for a determination of completeness. b. Staff Workload. The Department’s workload, due to the volume
and scope of pending Land Use Change applications, justifies the need for an extension of time to review the application for a determination of completeness. 4. Written Notice of Extension
of Time. The Director shall inform the Applicant in writing of the request for extension of time to complete review for a determination of completeness within 5 days of the date the
extension is requested. 5. Request for Waiver of Submission Requirements. Requests for waiver of submission requirements pursuant to Section 4-202 shall be submitted
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-3 with the application and considered by the Director as part of the determination of completeness. 6. Review/Public
Hearing Schedule. Complete applications shall be scheduled for public hearing on the next available agenda date of the appropriate review body following any required public notice. Applications
for review that do not require a public hearing shall be reviewed within 30 days of a determination of completeness. C. Review by Referral Agency. 1. Any Land Use Change application
shall be referred to the appropriate local, State, or Federal agencies or departments for review. The list of reviewing agencies for any individual application shall be determined by
the Director unless specific agencies or departments are required by State statute. 2. A referral agency may impose a fee for the review of a proposed Development. 3. The comment period
for referral agency review shall be 21 days from the date that the application is deemed complete. Responses not received by the County in a timely manner may not be evaluated in the
Director’s review of the application. A lack of timely response shall be interpreted as no comment. D. Evaluation by Director/Staff Review. 1. The Director shall review the Land Use
Change application to determine if the proposal satisfies the applicable standards of this Code and any review criteria identified in the specific procedure. 2. The Director may authorize
all or a portion of the review of a Land Use Change application to be performed by an outside consultant. This work shall be subject to the County Procurement Code. The cost of the consultant
review shall be the responsibility of the Applicant and shall be paid pursuant to Section 4-203.B.2., Fees. 3. The Director shall prepare a staff report discussing whether the standards
have been satisfied; identifying issues raised through staff and referral review; outlining mitigation requirements; recommending conditions for approval to ensure that standards are
satisfied; and requesting additional information pertinent to review of the application. E. Notice of Public Hearing. 1. When a public hearing is required, notice shall be provided.
The type of notice required is identified in Table 4-102, Common Review Procedures and Required Notice. 2. Notice shall be provided as follows: a. Notice by Publication. At least 30
but not more than 60 calendar days prior to the date of a scheduled public hearing before the Planning Commission or BOCC, the Applicant shall publish notice
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-4 of a public hearing in a newspaper of general circulation, unless otherwise specified by the Colorado Revised Statutes.
b. Written/Mailed Notice to Adjacent Property Owners. (1) Written notice shall be provided at least 30 but not more than 60 calendar days prior to the date of a scheduled public hearing.
(2) The Applicant shall send written notice by certified mail or by a nationally recognized overnight courier, return receipt requested. (3) Written notice shall be provided to the owners
of record of all adjacent property within a 200-foot radius of the subject parcel, as shown in the office of the County Clerk and Recorder or Assessor, at least 30 calendar days prior
to sending notice. Within the same time period, written notice shall be provided to owners of mineral interests in the subject property (other than construction materials as defined
in C.R.S. § 34-32.5-1, as amended) in accordance with C.R.S. § 24-65.5-101, et seq., as amended. c. Posting of Notice. At least 30 and not more than 60 calendar days prior to the date
of a scheduled public hearing, the Applicant shall post a notice of the public hearing on the property. Posted notice shall consist of at least 1 sign facing each adjacent road right-of-way,
and located so as to be fully visible from the road right-of-way generally used by the public. The notice signs shall be provided to the Applicant by the Planning Department. 3. Contents
of Notice. The notice shall follow a form prescribed by the County. 4. Applicant Responsibility. It shall be the responsibility of the Applicant to provide the names and mailing addresses
as shown in the office of the County Clerk and Recorder or Assessor pursuant to Section 4-101.E.2.(3) as part of their application. 5. Proof of Notice. At the public hearing, the Applicant
shall provide proof of publication, proof of notification or attempt of notification of Adjacent Property Owners, and proof of posting notice on the property. The Applicant shall provide
proof of notification or attempt to notice owners of mineral interest in the subject property. 6. Constructive Notice. Minor defects in notice shall not impair the notice or invalidate
proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Failure of a party to receive written notice shall not invalidate
subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a hearing, and the location of the subject property,
shall be strictly construed. If questions arise at the hearing regarding the adequacy of notice, the Decision-Making Body shall make a formal finding regarding whether there was substantial
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-5 compliance with the notice requirements of this Code before proceeding with the hearing. F. Review and Recommendation.
The recommending body shall recommend approval, approval with conditions, or denial of the application based on the following: 1. Recommendation of Approval. If the application satisfies
all of the applicable requirements of this Code, the recommending body shall recommend the application be approved. The recommending body may recommend approval with conditions determined
necessary for compliance with the applicable requirements. 2. Recommendation of Denial. If the application fails to satisfy all of the applicable requirements and compliance cannot be
achieved through conditions of approval, the recommending body shall recommend that the application be denied. G. Decision. The Decision-Making Body shall approve, approve with conditions,
or deny the application based on the following: 1. Approval of Application. If the application satisfies all of the applicable requirements of this Code, the application shall be approved.
The application may be approved with conditions determined necessary for compliance with applicable requirements. 2. Denial of Application. If the application fails to satisfy any 1
of the application requirements, and compliance cannot be achieved through conditions of approval, the application shall be denied. H. Duration of Approval and Expiration. The BOCC shall
identify the length of time for which an approved Land Use Change Permit or Division of Land will be valid. Where the BOCC does not establish a period of validity or is not responsible
for approving an application, the following time frames shall apply: 1. Land Use Change Approval. The decision to approve or conditionally approve a Land Use Change application shall
be valid for a period of 1 year, during which time the Applicant shall meet or complete all of the conditions. 2. Division of Land. Approvals shall be valid as follows: a. Conditional
Approval. The BOCC decision to approve or conditionally approve the Minor Subdivision, Preliminary Plan, Final Plan, or Rural Lands Development Exemption shall be effective for a period
of up to 1 year or until the Final Plan/Final Plat submittal has received a determination of completeness pursuant to Section 5-302.D, Final Plan/Final Plat. b. Final Plat. The BOCC
decision to approve or conditionally approve the Final Plat shall be effective for a period of up to 90 days. The Plat shall be recorded within this time.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-6 I. Extension of Approval. Prior to the expiration of a Land Use Change Permit or Division of Land approval, the Applicant
may request an extension of the expiration date as follows: 1. Application shall be made to the decision maker that issued the original approval. 2. Extensions of 1 year may be granted
for all Land Use Change Permits and Division of Land approvals, except Final Plats, which are limited to a 90-day extension. 3. Requests for longer periods of time, or additional time
extensions following the first extension, shall be made to the BOCC prior to the expiration of the current approval. 4. If an Applicant fails to request an extension prior to expiration
of the approval, the approval will be void and the Applicant must submit a new application for the Land Use Change Permit or Division of Land approval. SECTION 4-102. APPLICABILITY OF
COMMON REVIEW PROCEDURES. The various specific review procedures in this Article shall be processed in accordance with the common review procedures identified in Table 4-102, Common
Review Procedures and Required Notice. Additional requirements specific to a review procedure are identified by cross-reference in the right-hand column to the section that contains
the requirements.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-7 Table 4-102: Common Review Procedures and Required Notice Common Review Procedure Applicable Pre-Application Conference
4-101.A. Completeness 4-101.B. Referral Agency 4-101.C. Evaluation by Director 4-101.D. Notice 4-101.E. Recommendation 4-101.F. Decision 4-101.G. Duration of Approval/Exp. 4-101.H Extension
of Approval 4-101.I. Required Notice BOA Board of Adjustments Published Mailed Posted Additional Requirements BOCC Board of County Commissioners D Director PC Planning Commission 4-103
Administrative Review D -- --Mailed at least 15 days prior to Decision and subject to Section 4-103.B.3. 4-104 Limited Impact Review BOCC 4-105 Major
Impact Review PC BOCC Notice required for both PC and BOCC 4-106 Amendments to an Approved Land Use Change Permit D ------4-107 Minor Temporary Housing Facility
D ------Notice only in the case of a call-up. 4-108 Vacation of a County Road or Public Rights-of-Way PC BOCC PC hearing requires posting, BOCC hearing requires
all forms of notice. 4-109 Development Within the 100-Year Floodplain D Per Administrative Review. 4-110 Location and Extent Review PC Notice to be provided
at least 7 days but no more than 30 days prior to hearing. 4-111 Call-Up by BOCC BOCC BOCC shall provide notice as required by original application. 4-112 Rezoning
PC BOCC Notice required for both PC and BOCC. 4-113 Land Use Code Text Amendment PC BOCC ----Published notice is required for both the PC and BOCC hearings. 4-114 Designation
of Floodway or Flood Fringe Area BOCC 4-115 Variance BOA 4-116 Appeal of an Administrative Interpretation BOA ----4-117 Waiver of Standards
Determined by companion application. Notice as required by companion application.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-8 SECTION 4-103. ADMINISTRATIVE REVIEW. A. Overview. Applications subject to Administrative Review shall be reviewed
and decided by the Director. B. Review Process. Applications for Administrative Review shall be processed according to Table 4-102 with the following modifications: 1. Pre-Application
Conference. This requirement may be waived by the Director. 2. Determination of Completeness. Once the application is deemed technically complete, the Director will send a letter to
the Applicant that indicates: a. The number of copies to be delivered to the County; b. The date upon which the Director will render a decision; and c. The notice of the final decision
that the Applicant is required to mail to the Adjacent Property Owners. 3. Notice. The notice shall include a Vicinity Map, the property’s legal description, a short narrative describing
the current zoning and proposed Land Use Change, the contact information for the Planning Department and the date that the Director will make a decision. 4. Director Decision. The Director
shall inform the Applicant and the BOCC of the approval, conditions of approval, or basis for denial in writing within 5 days of the date of decision. 5. Call-Up by BOCC. The Director’s
decision is subject to Section 4-111, Call-Up by BOCC. C. Review Criteria. An application shall be in compliance with the applicable standards of this Code. SECTION 4-104. LIMITED IMPACT
REVIEW. A. Overview. Applications subject to a Limited Impact Review shall be reviewed and decided by the BOCC. B. Review Process. Applications for Limited Impact Review shall be processed
according to Table 4-102. C. Review Criteria. An application shall be in compliance with the applicable standards of this Code.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-9 SECTION 4-105. MAJOR IMPACT REVIEW. A. Overview. Applications subject to a Major Impact Review shall be reviewed and
recommended by the Planning Commission and decided by the BOCC. B. Review Process. Applications for Major Impact Review shall be processed according to Table 4-102. C. Review Criteria.
An application shall be in compliance with the applicable standards of this Code. SECTION 4-106. AMENDMENTS TO AN APPROVED LAND USE CHANGE PERMIT. A. Overview. Applications for amendment
to an approved Land Use Change Permit shall be reviewed and decided by the Director. This procedure is applicable to: 1. Proposals to change a Land Use Change Permit approved under this
Code; 2. Proposed amendments to conditional use permits and special use permits approved by the BOCC under the Land Use Resolution of 1978, as amended; and 3. Change of a specific condition(s)
of approval as identified in a resolution adopted by the BOCC. B. Review Process. Applications for an amendment to an approved Land Use Change Permit shall be processed according to
Table 4-102 with following modifications. 1. Pre-Application Conference. The Director shall make 1 of the following 3 determinations at the pre-application conference: a. Minor Modification.
The Director shall apply the criteria in Section 4-106.C. to determine if the proposed amendment is minor in nature. Upon finding the amendment is a minor modification, the Director
shall approve the amendment. b. Substantial Modification. If the Director determines that the proposed amendment constitutes a substantial modification, the change shall require a new
application for a Land Use Change Permit. Any requested change of a specific condition(s) as identified in a resolution adopted by the BOCC shall be considered substantial. The Director
shall determine the contents of the application submission requirements for a substantial modification request. c. Determination by the BOCC. The Director shall have the discretion to
require the determination of the amendment request to be decided by the BOCC in a public meeting, even if the Director finds the request to be minor in nature.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-10 2. Call-Up by BOCC. The Director’s determination is subject to Section 4-111, Call-Up by BOCC. C. Review Criteria.
Minor modifications are those that rearrange or reconfigure elevations, structures, parking areas, landscape areas, drainage facilities, utilities, or other site improvements in an approved
Land Use Change Permit, including Subdivisions, and that meet all of the following criteria as applicable: 1. Comply with all requirements of this Code; 2. Do not conflict with the Comprehensive
Plan; 3. Do not change the character of the Development; 4. Do not alter the basic relationship of the Development to adjacent property; 5. Do not change the uses permitted; 6. Do not
require amendment or abandonment of any easements or rights-of-way; 7. Do not increase the density; 8. Do not increase the zone district dimensions to an amount exceeding the maximum
dimension in the applicable zone district in Table 3-201; and 9. Do not decrease the amount of the following to an amount below the minimum required in the applicable zone district:
a. Amount of dedicated open space; b. The size of or change in the locations, lighting, or orientation of originally approved signs; and c. Any zone district dimensions in Table 3-201.
SECTION 4-107. MINOR TEMPORARY HOUSING FACILITY. A. Overview. Applications for a Minor Temporary Housing Facility shall be reviewed and decided by the Director. B. Review Process. A
Minor Temporary Housing Facility shall be processed according to Table 4-102 with the following modifications: 1. Minor Permit and Area Wide Development Plan (AWDP). An Applicant may
choose to apply for a single Minor Facility permit or an AWDP consisting of multiple Minor Facilities to be developed within an identified amount of time using an accelerated administrative
process that leads to multiple minor permits. Approval of an AWDP does not guarantee approval of each minor permit. 2. Pre-Application Conference. The Director may waive the pre-application
conference.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-11 3. Call-Up by BOCC. Once the Director issues a determination on the application, the determination shall not be final
for 14 days after the date of the determination in order to allow time for call-up of the Director’s decision, pursuant to Section 4-111, except that call-up may be initiated by the
following: a. The Applicant; b. Adjacent Property Owners within 200 feet of the subject lot or the Permitted Site if the Permitted Site is within the Resource Land Zone Districts; c.
The owner(s) of the subject lot or the Permitted Site if the Permitted Site is within the Resource Land Zone Districts; d. Separated mineral estate owners; and/or e. The BOCC. C. Review
Criteria. An application shall be in compliance with the applicable standards of this Code. SECTION 4-108. VACATION OF A COUNTY ROAD OR PUBLIC RIGHT OF WAY. A. Overview. 1. Applications
to vacate a County road or public right-of-way shall be reviewed and recommended by the Planning Commission and decided by the BOCC. 2. The provisions of C.R.S. § 43-2-301, as amended,
shall control all vacation proceedings considering a petition to vacate or abandon the entire width of any County road or public right-of-way. The provisions in this Section are in addition
to all other requirements of State law. B. Review Process. Applications to vacate a County road or public right-of-way shall be processed according to Table 4-102 with the following
modifications: 1. Pre-application Conference. The Director may waive the pre-application conference. 2. Review by Referral Agency. Staff shall request that referral agencies address
the following: a. Whether the property is or is likely to be necessary or desirable for any public purpose within the reasonably foreseeable future; b. Any term, condition, reservation,
or dedication of any easement or interest in the property necessary or desirable for public purposes and permitted by law; and c. Any other comment relevant to the County road or public
right-of-way. 3. Planning Commission Review and Recommendation. The Planning Commission shall review all applications or petitions to vacate a County
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-12 road or public right-of-way pursuant to the provisions of C.R.S. § 30-28-110(1)(d), as amended. a. The Planning Commission
shall conduct its review of the petition or application to vacate a County road or public right-of-way as a public hearing without required notification other than inclusion in a posted
agenda. b. The date established for initial review by the Planning Commission shall be considered the date of submission pursuant to C.R.S. § 30-28-110, as amended. c. The Planning Commission
may continue consideration of the application until the next regularly-scheduled Planning Commission meeting. Under all circumstances, it shall conclude its review and render its decision
and recommendation to the BOCC within 60 days of submission. d. The decision of the Planning Commission shall be considered a recommendation, not a final action on the request. 4. BOCC
Review and Notice. The BOCC shall conduct its review pursuant to the provisions of C.R.S. § 43-2-301, et seq., as amended, and the requirements of this Code. The BOCC review and decision
shall be considered a legislative act. a. Hearing Notification. Action of the BOCC shall be pursuant to a public hearing. Written and published notice shall be provided according to
Section 4-101.E. b. Published Notice. Published notice shall include a statement that a resolution to vacate the subject County road or public road right-of-way will be presented at
the hearing. c. Hearing Information. During the public hearing before the BOCC, the Applicant shall provide a form of resolution vacating the subject County road or public right-of-way
that is prepared by the Applicant and reviewed and approved by the County Attorney’s Office prior to the BOCC hearing. 5. BOCC Decision. The BOCC may approve, approve with conditions,
or deny the application pursuant to Section 4-101.F., or take any of the following actions: a. Continue the Hearing. The BOCC may continue the public hearing as it deems necessary to
receive all information the BOCC deems relevant. Any continuation must be to a date certain with a decision to approve or deny approval to the resolution vacating the County road or
public right-of-way occurring within 90 days of the initiation of the public hearing. b. Modified Resolution. The BOCC may elect to approve a resolution vacating a County road or public
right-of-way in a form modified or altered from that presented. In that event, the BOCC shall specifically direct staff to make alterations to the resolution by a motion specifying those
alterations. Such motion shall also
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-13 include a continuance to allow staff to revise the resolution and present it in final form as part of the continued
public hearing. c. Final Action. No final action on a petition or application to vacate a County road or public right-of-way shall occur until a resolution has been considered at a public
hearing, signed by the chair of the BOCC, pursuant to motion, and recorded with the Garfield County Clerk and Recorder. d. Vested rights. No rights shall vest in the vacated right-of-way
until final action of the BOCC has occurred, including recording of the vacation resolution under C.R.S. § 43-2-301, et seq., as amended. 6. Subsequent Action. Subsequent to recording
of a resolution vacating a County road or public right-of-way, the Road and Bridge Supervisor shall delete the roadway or portion of roadway from all County road maps submitted to the
State of Colorado and all reports submitted to the State claiming the road or right-of-way as a County road. C. Review Criteria. A petition or request to vacate a County road or public
right-of-way may be approved so long as it meets the following criteria. However, meeting these criteria does not preclude the BOCC’s denial of a petition or application for any other
reason. 1. The subject County road or public right-of-way does not provide any access to public lands (for the purpose of this subsection, public land shall mean any property owned by
the Federal government or the State of Colorado). 2. The subject County road or public right-of-way does not abut or is connected to any property, including any easement owned by the
Federal government, State of Colorado, municipality, County, or special district, where such property or easement constitutes a public park, recreational area, or trail. 3. The subject
County road or public road right-of-way is not currently used or will be used in the foreseeable future for any County road or public right-of-way purpose. The term “County or public
road purpose” includes, but is not limited to, motor vehicle use, pedestrian use, equestrian use, bicycle traffic, stock drive, or placement of utilities. The term “foreseeable use”
shall included a use projected or planned to occur within the next 20 years as such has been include in any adopted State, County, Federal, municipal or special district facilities plan,
comprehensive plan, zoning plan, recreation plan, street plan, or similar document for development objectives for that entity. This provision shall apply only if documentation of the
current or foreseeable use is presented at the time of public consideration of the proposed vacating resolution. SECTION 4-109. DEVELOPMENT IN THE 100-YEAR FLOODPLAIN. Applications for
Land Use Change within the 100-year Floodplain shall be subject to Section, 4-103, Administrative Review.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-14 SECTION 4-110. LOCATION AND EXTENT REVIEW. A. Overview. 1. Applications for a Location and Extent Review shall be
reviewed and decided by the Planning Commission. 2. Location and Extent Review is mandated by Colorado law including, but not limited to, C.R.S. §§ 30-28-110, 22-32-124(1)(a) and 22-32-124(1.5)(a),
as amended. In the event of any conflict between these procedures and applicable State law, State law shall govern. 3. The following projects shall be subject to Location and Extent
Review: a. Public and charter schools; b. Roads, parks, or other public way, ground, or space; c. Public buildings or structures; d. Public utilities, whether publicly or privately owned;
and e. The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, sale, lease, or acquisition of land for any road, park, or other public
way, ground, place, property, or structure. 4. The Location and Extent Review of a request to vacate a County road or public right-of-way pursuant to Section 4-108 may be combined with
any being processed through Section 4-108. B. Review Process. Applications for a Location and Extent Review shall be processed according to Table 4-102 with the following modifications.
1. In the event the Planning Commission finds the application is not in general conformance with the Comprehensive Plan and denies the application, the Applicant may appeal that denial
to the applicable governing body in accordance with C.R.S. § 30-28-110(1)(b) or (c), as amended, or the Planning Commission may request a public hearing before the appropriate board
of education, pursuant to C.R.S. § 22-32-124(1)(a) or (1.5)(a), as amended, as appropriate. C. Review Criteria. The Planning Commission shall determine whether the project is in general
conformance with the Comprehensive Plan. SECTION 4-111. CALL-UP BY BOCC. A. Overview. The BOCC may call-up decisions made by the Director. Within 10 days of the date of written notice
of the decision by the Director, the BOCC, by a majority vote, may, at its discretion, decide to review the decision at the next regularly-scheduled meeting of the BOCC for which proper
notice of hearing can be accomplished.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-15 B. Review Process. Call-ups shall be processed according to Table 4-102. C. Review Criteria. An application shall
be in compliance with the applicable standards of this Code. SECTION 4-112. REZONING. A. Overview. 1. Applications for rezoning shall be reviewed and recommended by the Planning Commission
and decided by the BOCC. 2. Rezoning may be initiated by the BOCC, the Planning Commission, the Director, or the owner of the subject property. 3. The rezoning request may be processed
concurrently with a Land Use Change application and review process. B. Review Process. Applications for rezoning shall be processed according to Table 4-102. C. Review Criteria. An application
for rezoning shall meet the following criteria: 1. The proposed rezoning would result in a logical and orderly development pattern and would not constitute spot zoning. 2. The area to
which the proposed rezoning would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area. 3. The proposed rezoning
addresses a demonstrated community need with respect to facilities, services, or housing. 4. The proposed rezoning is in general conformance with the Comprehensive Plan and in compliance
with any applicable Intergovernmental Agreement. 5. The proposed rezoning addresses errors in the original zone district map. SECTION 4-113. LAND USE CODE TEXT AMENDMENT. A. Overview.
1. Applications for Land Use Code text amendments shall be reviewed and recommended by the Planning Commission and decided by the BOCC. 2. Amendments to the text of this Code shall be
initiated by the BOCC, the Planning Commission, the Director, or an Applicant owning property that is subject to the proposed land use text change. The Garfield County Housing Authority
may also initiate changes to the text of this Code that are specifically related to affordable housing as administered and regulated in this Code
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-16 B. Review Process. Applications for Land Use Code text amendment shall be processed according to Table 4-102. C.
Review Criteria. An application for a Land Use Code Text Amendment shall meet the following criteria: 1. The proposed text amendment is in compliance with any applicable Intergovernmental
Agreements; and 2. The proposed text does not conflict with State statutory provisions regulating land use. SECTION 4-114. DESIGNATION OF FLOODWAY OR FLOOD FRINGE AREA. A. Overview.
Applications for Designation of Floodway or Flood Fringe area shall be reviewed and decided by the BOCC. B. Review Process. Applications for Designation of Floodway or Flood Fringe area
shall be processed according to Table 4-102. C. Review Criteria. The proposed division of the Floodplain into a Floodway or Flood Fringe area is in the public interest, promoting wise
use of the Floodplain and health, safety, and public welfare.1. The Flood Fringe area, as depicted by the available studies and maps, is so restrictive due to the amount of total area
or topography involved that the development of the site would require a variance from other applicable County zoning regulations. In cases where a variance would be necessary, the County
shall not approve dividing of the Floodplain. 2. The Floodplain in question could serve as an integral part of the land use planning for a Subdivision or Planned Unit Development application
for the purposes of providing common Open Space or recreational land. In such case the County shall strive to keep the Floodplain free of significant construction or substantial improvement.
SECTION 4-115. VARIANCE. A. Overview. 1. Applications for variance shall be reviewed and decided by the Board of Adjustments. 2. Variances are deviations from the terms of this Code
that would not be contrary to the public interest when, owing to special circumstances or conditions like exceptional topographic conditions, narrowness, shallowness, or the shape of
a specific piece of property, the literal enforcement of the provisions of this Code would result in peculiar and
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-17 exceptional, practical difficulties to or exceptional and undue hardship on the owner of the property. B. Review
Process. Applications for a variance shall be processed according to Table 4-102. C. Review Criteria. The following standards shall be satisfied for approval of a request for variance
from specific regulatory provisions of this Code: 1. Special Circumstances or Conditions Exist. One or more of the following circumstances or conditions exist with respect to the specific
property: a. Exceptional narrowness, shallowness, or shape of the property at the time of the enactment of the regulation in question; b. Exceptional topographic conditions of the property;
and c. Other extraordinary and exceptional situations or conditions of the property. 2. Not a Result of the Actions of Applicant. The special circumstances and conditions have not resulted
from any act of the Applicant. 3. Strict Application Consequence. Because of the special circumstances and conditions found pursuant to Section 4-115.C.1., the strict application of
the regulation would result in peculiar and exceptional, practical difficulties to, or exceptional and undue hardship on, the owner of the property. 4. Variance is Necessary for Relief.
The granting of the variance from the strict application of the provisions set forth in this Code is necessary to relieve the owner of the peculiar and exceptional, practical difficulties
or exceptional and undue hardship. 5. Not Detrimental to the Public Good. Granting the variance will not cause substantial detriment to the public good. 6. Variance Will Not Impair the
County’s Zoning. Granting the variance will not substantially impair the intent and purpose of this Code. SECTION 4-116. APPEAL OF AN ADMINISTRATIVE INTERPRETATION OF THE CODE. A. Overview.
An appeal may be taken to the Board of Adjustments by any person aggrieved by a final written administrative interpretation of this Code by the Director. B. Review Process. An appeal
of an administrative interpretation of the Code shall be processed according to Table 4-102 with the following modifications. 1. Application. The appeal shall be filed with the Director
within 30 days of the date of the final written administrative interpretation.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-18 2. Written Notice of Decision. The Director shall provide the Applicant with a copy of the recorded resolution setting
forth the Board of Adjustments decision within 30 days of the date of the decision. C. Review Criteria. The Board of Adjustments shall consider the following criteria in hearing an appeal
of an administrative interpretation of this Code: 1. The technical meaning of the provision being appealed; and 2. Evidence as to the past interpretation of the provision. 3. The effect
of the interpretation on the intent of this Code. SECTION 4-117. WAIVER OF STANDARDS. A. Overview. This Section allows an Applicant to request a waiver of standards in Article 7, excluding
those in Division 1, as part of Land Use Change Permit process. B. Review Process. A request for waiver of standards shall be processed according to Table 4-102 with the following modifications:
1. An Applicant proposing to apply for a waiver shall present the waiver request at the pre-application meeting prior to submitting with the application materials for the applicable
Land Use Change Permit. The purpose of this request is to determine the preliminary response from the County and identify the contents of the waiver submittal requirements. 2. Final
approval of any proposed waiver shall be the responsibility of the Decision-Making Body of the Land Use Change application. 3. An approved waiver shall apply only to the specific site
for which it is requested and shall not establish a precedent for approval of other requests. C. Review Criteria. A waiver may be approved if the Applicant demonstrates that the following
criteria have been met by the proposed alternative: 1. Achieves the intent of the subject standard to the same or better degree than the subject standard; and 2. Imposes no greater impacts
on adjacent properties than would occur through compliance with the specific requirements of this Code.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-19 DIVISION 2. GENERAL SUBMITTAL REQUIREMENTS. SECTION 4-201. APPLICATION MATERIALS. A. Required Submissions. This Division
identifies the application materials required by this Code, including some submittal materials as required for Article, 5, Divisions of Land. B. Additional Submissions. The Director
may request any additional information to be submitted that may be deemed necessary to adequately review an application and to determine compliance with the standards of this Code. Applications
shall be submitted with the following materials:
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-20 Table 4-201: Application Submittal Requirements Submission Description 4-203. B C D E F G H I J K L M Written Narrative/Additional
Submissions General Application Materials Vicinity Map Site Plan Erosion and Sediment Control Landscape Plan Impact Analysis Rezoning Justification Report Statement of Appeal Development
Agreement Improvements Agreement Traffic Study Water Supply Plan Section Application Type 4-103 Administrative Review Application shall address applicable standards contained
in Article 7 on map and in written description. 4-104 Limited Impact Review 4-105 Major Impact Review 4-106 Amendment of Approved LUCP Description
of proposed amendment. 4-107 Minor Temp. Housing Facility See Section 4-301 for additional submittal requirements. 4-108 Vacation of a County Road or Public ROW See Section 4-302
for additional submittal requirements. 4-109 Develop. 100-Year Floodplain See Section 4-303 additional submission requirements. 4-110 Location and Extent Review Statement of
how project complies with Comprehensive Plan and any applicable IGAs. 4-111 Call-Up by BOCC Application materials as determined by Director. 4-112 Rezoning Legal description
of property 4-113 Land Use Code Text Amend. Written description of proposed amendment and justification. 4-114 Designation of Floodway or Flood Fringe Area Report justifying designation
request and maps delineating the area(s) of proposed designation. 4-115 Variance Statement of request and response to variance standards. 4-116 Appeal Statement of appeal 4.203-I.
4-117 Waiver of Standards Submitted with companion application. 4-303 Land Use in Floodplain Overlay See Section 4-303 for additional submittal requirements. 4-304 Land Use in Airport/Heliport
See Section 4-304 for additional submittal requirements
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-21 SECTION 4-202. WAIVER OF SUBMISSION REQUIREMENTS. A. Authority. The Director may waive or alter any of these requirements
if they are determined to be inappropriate or unnecessary in determining whether the application satisfies applicable standards. B. Review Process. 1. Applicant shall request the waiver
of a submission requirement in writing as part of an application submission. 2. The Director shall review the request as part of the completeness review and make a determination regarding
whether to waive or require the information. The Director may refer the waiver request to the BOCC for consideration. 3. The Director shall notify the Applicant in writing of the determination
whether to waive submission requirements and include a summary of the decision in the staff report. 4. The Director’s determination regarding waiver of submission requirements is subject
to call-up pursuant to Section 4-111. C. Review Criteria. A waiver request shall be considered based on the following criteria: 1. The Applicant shows good cause for the requested waiver;
2. The project size, complexity, anticipated impacts, or other factors support a waiver; 3. The waiver does not compromise a proper and complete review; and 4. The information is not
material to describing the proposal or demonstrating compliance with approval criteria. D. Effect of Approval. A waiver shall apply only to the specific application for which it was
requested and shall not establish a precedent for approval of other requests. SECTION 4-203. DESCRIPTION OF SUBMITTAL REQUIREMENTS. A. Professional Qualifications. The professional qualifications
for preparation and certification of certain documents required by this Code are as follows: 1. Civil Engineer. Improvement plans and reports for water supply, sanitation, drainage,
utilities, soils grading, roads, structures, and other civil engineering required to satisfy the development standards of this Code must be certified by a professional engineer qualified
in the specific discipline and licensed by the State of Colorado. 2. Surveyor. All documents containing land survey descriptions must be certified by a licensed Colorado Professional
Land Surveyor.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-22 3. Geologist. Geology reports shall be prepared by either a member of the American Institute of Professional Geologists,
a member of the Association of Engineering Geologists, or a qualified geotechnical engineer licensed in the State of Colorado. 4. Wildlife Expert. Wildlife impact reports shall be prepared
by a qualified Wildlife biologist. 5. Water Supply Expert. A professional engineer licensed to practice in the State of Colorado qualified to perform such work. 6. Other. Other professionals
retained by Applicant to provide studies and analysis required by this Code shall demonstrate qualification in the specific field, to the satisfaction of the reviewing body. B. General
Application Materials. The following basic materials are required for all applications for a Land Use Change Permit, including Division of Land. 1. Application Form. Application forms
for a Land Use Change Permit shall be obtained from the Planning Department. 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 Land Use Change is proposed, or by any representative acting through written authorization of the owner.
a. Authorized Representative. If the Applicant is not the owner of the land, or is a contract purchaser of the land, the Applicant shall submit a letter signed by the owner consenting
to the submission of the application. b. Applicant is Not the Sole Owner. If the Applicant is not the sole owner of the land, the Applicant 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. c. Applicant is an Entity. If the Applicant is an entity of a trust,
the Applicant shall submit a letter signed by a person authorized to encumber the property and a recorded Statement of Authority for that person. 2. Fees. Any application for a Land
Use Change Permit must be accompanied by the appropriate fees. A schedule of fees is available through the Planning Department. a. Pursuant to Section 4-101.C., Review by Referral Agency,
the Cost of consultant and referral agency review are the responsibility of the Applicant. b. The County may require a deposit for payment of consultant and referral agency review fees,
based upon estimated consultant review Costs at the time of application, and in addition to the application fees. c. The County may suspend the application review process pending payment
of consultant Costs.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-23 3. General Requirements for Maps and Plans. The following are general requirements for any map or plan submitted
under the application and review procedures of this Code: a. Name or identifying title of the proposed Development or use; b. Total area of the site, in acres; c. Name, address, and
telephone number of the Applicant, person preparing the map or plan, designer, engineer, surveyor, and any other consultants of the Applicant; and d. Date of preparation, revision box,
written scale, graphic scale, and north arrow. 4. Combination of Map and Plan Requirements. Applicant may request at a pre-application conference to combine various plan and specification
requirements of this Section into a single submission. The Director may allow combination of the plan requirements if: a. The information requested to be combined is similar; b. The
requirements can be clearly mapped or drawn; and c. The Code requirements and sections can be labeled or otherwise clearly identified. 5. Applications for Major Projects. The Director
shall inform the Applicant of any project that may include 200 or more employees of the additional application requirements, including: a. Estimated construction schedule; b. Number
of employees for construction and operating work force; c. Direct and indirect tax bases and revenues associated with the project; and d. Total direct and indirect population associated
with the project, including the rate, distribution, and demographic characteristics of the population change. C. Vicinity Map. An 8-inch by 11-inch Vicinity Map locating the parcel in
the County. The Vicinity Map shall clearly show the parcel and the boundaries of the subject site and all property within a 3-mile radius of the subject parcel. D. Site Plan. Site plans
shall be scaled at 1-inch to 20 feet for properties exceeding 16 acres in size, or 1 inch to 10 feet for properties less than 16 acres in size. The Director may require, or the Applicant
may choose to submit, a more detailed version of all or part of the Site Plan. The Site Plan shall include the following elements: 1. Legal description of the subject site; 2. Boundary
lines, corner pins, and dimensions of the subject site for the proposed Land Use Change Permit, including land survey data to identify
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-24 the subject site with section corners, distance, and bearing to corners, quarter corners, township, and range; 3.
Existing and proposed topographic contours at vertical intervals sufficient to show the topography affecting the development and storm drainage; 4. Significant on-site features including
natural and artificial drainage ways, Wetland areas, ditches, hydrologic features, and aquatic habitat; geologic features and hazards including Slopes, alluvial fans, areas of subsidence,
rock outcrops and rockfall areas, radiological and seismic hazard areas, soil types, and landslide areas; vegetative cover; dams, reservoirs, excavations, and mines; and any other off-site
features of the same type that influence the Development; 5. Existing and proposed parking areas, driveways, emergency turn-outs and emergency turnarounds, sidewalks, and paths, shown
by location and dimension; 6. Existing and proposed roads, railroad tracks, irrigation ditches, fences, and utility lines on or adjacent to the parcel, shown by location and dimension’
7. Users and grantees of all existing and proposed easements and rights-of-way on or adjacent to the parcel, shown by location and dimension; 8. Area of the individual parcels, and the
total square feet of existing buildings, driveways, and parking area; 9. Zone district in which the site is located; 10. Location and dimension of all structures, existing and proposed,
and distance of structures from property lines; 11. Elevation drawings showing existing grade, finished grade, and height of the proposed structures above existing grade; 12. Description
of the proposed wastewater treatment system, including location and size of leach field, sewer service lines, and treatment facilities to serve the proposed use; 13. Description of the
source and capacity of the water supply, including location and size of well(s) and/or water lines to serve the proposed use; 14. Location and size of signs for the purpose of identification,
advertising, and traffic control; and 15. Additional information that may be reasonably requested by the Director to enable an adequate evaluation of the proposal. E. Erosion and Sediment
Control Plan. The Erosion and Sediment Control Plan shall include the following elements: 1. Site Map. A site map showing locations of any existing structures, Waterbodies or hydrologic
features on the site, including intermittent water features, Wetlands, and the 100-year Floodplain boundaries. 2. Drainage Structures.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-25 a. Locations of existing and proposed drainage structures or natural drainage features affecting site drainage on
the parcel and within 10 feet adjacent to the site boundary, including street gutters, storm sewers, drainage channels, and other water conveyance structures; and Wetlands or other Waterbodies
receiving storm runoff from the site. b. Preliminary engineering design and construction features for drainage structures to be constructed. 3. Topography. Existing topography at reasonable
contour intervals to provide necessary detail of the site. The map should extend a minimum of 10 feet beyond the property line and show the location of the property line. 4. Grading
Plan. A grading plan showing the proposed topography at reasonable contour intervals that provides necessary detail of the site. The plan shall show elevations, dimensions, location,
extent and Slope of all proposed clearing, and Grading including building site and driveway grades. 5. Soil Stockpile and Snow Storage Areas. Probable locations of soil stockpiles and
snow storage areas. 6. Drainage Plan. Proposed drainage plan. 7. Equipment Storage Areas. Location of storage areas designated for equipment, fuel, lubricants, chemical, and waste storage
with an explanation of spill containment structures. 8. Temporary Roads. Location of temporary roads designed for use during the construction period. 9. Areas of Steep Slope. Areas with
Slope of 20% or greater shall be identified by location and percentage of Slope, both for the existing site conditions and within the developed area. 10. Construction Schedule. Construction
schedule indicating the anticipated starting and completion time periods of the site grading and/or construction sequence, including the installation and removal of erosion and sediment
control measures, and the estimated duration of exposure of each area prior to the completion of temporary erosion and sediment control measures. 11. Permanent Stabilization. A brief
description of how the site will be stabilized after construction is completed. 12. Erosion Control Measures. Plan view drawings of all erosion and sediment control measures showing
approximate locations and site drainage patterns for construction phases and final design elements. Text may be necessary to accompany and explain the drawings. Typical erosion control
measures should be depicted using standard map symbols. 13. Estimated Cost. Estimated total Cost, including installation and maintenance, of the required temporary soil erosion and sediment
control measures.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-26 14. Calculations. Any calculations made for determining rainfall, runoff, sizing any sediment basins, diversions,
conveyance, or detention/retention facilities. 15. Neighboring Areas. A description of neighboring areas with regard to land use and existing pertinent features such as lakes, streams,
structures, roads, etc. 16. Stormwater Management. A description of the stormwater management planning concept for the site, including both structural and nonstructural best management
practices. 17. Stormwater Management Plan. Copy of the stormwater management plan application to CDPHE with date of submittal. 18. Hydraulic Calculations. Hydrologic, hydraulic, and
all other calculations used to size and design drainage facilities and/or structural BMPs. 19. Maintenance Requirements. Maintenance requirements for all proposed BMPs should be discussed
including access, schedules, costs, and designation of a responsible party. 20. Additional Information or Detail. Other information or data and additional detail as may be reasonably
required by the Director. 21. Signature Blocks. Signature block for owner or legal agent acknowledging the review and acceptance of responsibility, and a signature and stamped statement
by the qualified individual acknowledging responsibility for the preparation of the Erosion and Sediment Control Plan. F. Landscape Plan. Landscape Plans shall be scaled at 1 inch to
20 feet for properties exceeding 16 acres in size, or 1 inch to 10 feet for properties less than 16 acres in size. The Landscape Plan shall include the following elements: 1. Topographic
information at least 2-foot contour intervals; 2. Location of all lot lines and improvements to the property, and location of any easements of record; 3. Identification of all existing
deciduous tree and coniferous trees of 6 inches in caliper or greater, and which trees will be preserved and which trees will be removed or relocated; areas where other existing vegetation
will either be preserved or removed; the type, location, size, and number of plants that will be installed; and specified seed mixtures; 4. An estimate of the Cost of supplying and installing
the materials depicted in the Landscape Plan; and 5. A description of the proposed program to maintain the landscaping after it has been installed. G. Impact Analysis. Where the proposed
Development will impact specific features of the site, the Applicant shall describe both the existing conditions and the potential changes created by the
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-27 project. The Impact Analysis shall include a complete description of how the Applicant will ensure that impacts will
be mitigated and standards will be satisfied. The following information shall be included in the Impact Analysis: 1. Adjacent Property. An address list of real property adjacent to the
subject property, and the mailing address for each of the property owners. 2. Adjacent Land Use. Existing use of adjacent property and neighboring properties within 1,500-foot radius.
3. Site Features. A description of site features such as streams, areas subject to flooding, lakes, high ground water areas, topography, vegetative cover, climatology, and other features
that may aid in the evaluation of the proposed Development. 4. Soil Characteristics. A description of soil characteristics of the site that have a significant influence on the proposed
use of the land. 5. Geology and Hazard. A description of the geologic characteristics of the area including any potential natural or manmade hazards, and a determination of what effect
such factors would have on the proposed use of the land. 6. Groundwater and Aquifer Recharge Areas. Evaluation of the relationship of the subject parcel to Floodplains, the nature of
soils and subsoils and their ability to adequately support waste disposal, the Slope of the land, the effect of sewage effluents, and the pollution of surface runoff, stream flow, and
groundwater. 7. Environmental Impacts. Determination of the existing environmental conditions on the parcel to be developed and the effects of development on those conditions, including:
a. Determination of the long-term and short-term effect on flora and fauna; b. Determination of the effect on significant archaeological, cultural, paleontological, and historic resources;
c. Determination of the effect on designated environmental resources, including critical Wildlife Habitat; d. Impacts on Wildlife and domestic animals through creation of hazardous attractions,
alteration of existing native vegetation, blockade of migration routes, use patterns, or other disruptions; e. Evaluation of any potential radiation hazard that may have been identified
by the State or County Health Departments; and f. Spill prevention control and counter measures plan, if applicable. 8. Nuisance. Impacts on adjacent land from generation of vapor, dust,
smoke, noise, glare or vibration, or other emanations. 9. Reclamation Plan. A reclamation plan consistent with the standards in Section 7-212.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-28 H. Rezoning Justification Report. A report that explains how the rezoning will satisfy the approval criteria for
a rezoning set forth in Section 4-112.C., Review Criteria. I. Statement of Appeal. A written statement of the Director’s interpretation to be appealed, the date of that interpretation,
and the reasons why the appellant believes that the interpretation of the Director is incorrect, including any materials or evidence to support the appeal. J. Development Agreement.
The BOCC may enter into a Development Agreement with the Applicant specifying the terms and conditions of approval. The Applicant may submit a draft Development Agreement containing
the following information, in a form acceptable to the County Attorney’s Office. The Development Agreement shall be signed by the Applicant, the BOCC, and all owners of the subject property.
The signed agreement shall be included with the Preliminary Plan or Final Plat filing. The Development Agreement must include the following: 1. Phasing schedule; and 2. Language establishing
a vested property right pursuant to the provisions of Section 1-202, Establishment of Vested Property Rights. K. Improvements Agreement. An Improvements Agreement is required in a form
acceptable to the County, addressing the following: 1. Security. A letter of credit or cash deposit is typically required for infrastructure improvements. Depending on the circumstances,
however, the BOCC may consider the following forms of security: a. Restrictions on the conveyance, sale, or transfer of any lot, lots, tract, or tracts of land within the Subdivision
as set forth in the Plat or as recorded by separate instrument; b. Performance or property bonds; c. Private or public escrow agreements; d. Loan commitments; e. Assignments of receivables;
f. Liens on property; g. Letters of credit; h. Deposits of certified funds; i. Performance guarantees; and j. Other similar surety agreements. 2. Necessary Provisions. The Improvements
Agreement must also address the following: a. Necessary deeds or transfer of property;
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-29 b. Provisions and schedule for construction of improvements, including engineered plans and Cost estimates; c. Payment
of sewer and water tap fees; d. Payment of any other necessary fees; e. Transfer of water rights; f. Transfer of roads and improvements, rights-of-way, and other common elements; g.
Agreements to provide as-built plans; h. Methods of providing perpetual maintenance of common property and equipment; i. Process for amending the Improvements Agreement; and j. Enforcement
provisions. L. Traffic Study. Assessment of traffic impacts is required based upon a Traffic Study prepared in compliance with this Section. 1. Type of Study Required. a. The Traffic
Study shall be comprised of a basic Traffic Analysis utilizing existing County traffic counts as mapped, the Manual on Uniform Traffic Control Devices, accepted trip generation manuals,
and current standards as applied by the CDOT. b. The Traffic Study may also include a detailed Traffic Analysis if the Director determines that any 1 of the following thresholds is exceeded:
(1) Traffic volumes projected at any intersection when a State or Federal highway exceeds current volumes by 20%, as determined by CDOT using current traffic counts and CDOT-approved
methodology; (2) Traffic volumes projected on any County road segment exceed current volumes by 20%; or (3) Traffic volumes on any road segment identified or contained within an approved
municipal street plan within a 1-mile radius exceed current volumes by 30%. c. Study Preparation. The Traffic Study shall be prepared by a registered professional engineer, experienced
in transportation engineering. d. Revisions to Traffic Study. Revisions to the Traffic Study shall be provided as required by the County. The need to require revisions will be based
on the completeness of the Traffic Study and the thoroughness of the evaluation. 2. Basic Traffic Analysis. The basic Traffic Analysis shall include the following information:
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-30 a. A map or maps depicting the parcel or activity area and showing the following information: (1) Existing and proposed
internal roads, adjoining roads, access points, and access points for the finished Development; (2) All County roads within a 1-mile radius of the Development; (3) The nearest proximate
intersections with State or Federal highways likely to receive traffic impacts from the Development; and (4) Activity areas for construction activity. b. A narrative description of existing
land uses on the parcel, including the following information: (1) Current trip generation estimates at existing access points; (2) County driveway permits for the access points and status;
(3) Permit requirements for access to a State highway, railroad crossings and status; (4) All access easements and information regarding the legal status of these easements; and (5)
Other appropriate current traffic information and legal constraints that may apply. c. A narrative description of proposed land uses and trip generation projections for each use, based
on current trip generation manuals or other credible and defensible analysis. Trip generation projections shall be required for both the construction phase(s) and for the completed Development,
with a breakdown of traffic into categories of heavy trucks and other for existing, temporary, or proposed new access points. d. A narrative description of the construction phase(s)
of the Development, including the following: (1) Staging and storage areas; (2) Temporary access points; (3) Duration, types, and frequency of heavy truck traffic; (4) Access road segments
to be impacted; (5) Projected lane closures or traffic interruption, and a statement of mitigation measures that will be applied to minimize disruption and damage; and (6) All County
or State permits that will be required. e. Map depicting existing Average Daily Traffic count information for all County road segments and State or Federal highway
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-31 intersections, at the appropriate map scale. The map shall also include the following information: (1) The likely
increase in Average Daily Traffic of trucks for construction activity and Average Daily Traffic for the completed Development; and (2) Where a Development has 2 or more access points,
the anticipated trip distribution and assignment for each access point, supported by a narrative describing rationale for the projected allocation of trips by access points and road
segment. 3. Detailed Traffic Analysis. In addition to the information provided in the basic Traffic Analysis, the following information shall be provided in a detailed Traffic Analysis
if required pursuant to Section 4-205.L.1.b. The detailed Traffic Analysis must show the highest probable volumes from the proposed uses and densities to be allowed at build-out. The
detailed Traffic Analysis shall be prepared using the County transportation plan to determine levels of service and capacity definitions, and any additional information available and
applicable to County roads. a. Access points to and from the Development shall be analyzed for AM and PM peak hour use for turning movements to determine the necessity for traffic control
and signalization, geometrics including turning lanes and acceleration and deceleration lanes, and signage. b. County Road segments where traffic is expected to increase by over 20%
shall be characterized in detail by current level of service, roadway condition and type, lane width, shoulder characteristics and condition, available right-of-way, speed limits, any
weight limits, existing safety concerns and considerations, likely increases in maintenance requirements, and status for improvement in the County capital improvements plan. Probable
maintenance and improvement Cost estimates shall be provided. c. County road intersections where traffic is expected to increase by over 20% shall be characterized by existing traffic
control and signalization, AM and PM peak hour utilization with turning movements, projections for levels of service, and recommended modifications for intersection geometrics, including
turning lanes, control or signalization devices, acceleration or deceleration lanes, and advance signage where appropriate. Probable Cost estimates shall be provided. d. State or Federal
highway intersections where traffic is expected to increase by over 20% shall be characterized by existing traffic control and signalization, AM and PM peak hour utilization with turning
movements, through movements as applicable, projections for levels of service, and recommended modifications for intersection geometrics, including turning lanes, control or signalization
devices, acceleration or deceleration lanes, and advance signage. Consultation with the Colorado Department of
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-32 Transportation is required and shall be documented. Probable Cost estimates shall be provided. 4. Calculation of
On-Site and Off-Site Improvements and Fees. a. A narrative description shall be included for on-site improvements to be dedicated or constructed relating to traffic control and accommodation
(i.e., dedicated right-of-way, improvement of existing access points, addition of new access points, signalization, turning lanes, acceleration/deceleration lanes, etc.). b. A narrative
description and Site Plans shall be provided for improvements for any off-site County road segments necessary to maintain a level of service C, per the Highway Capacity Manual and for
any County intersections necessary to maintain a level of service D. c. A narrative description and Site Plans shall be provided for improvements for any State highway intersections
deemed necessary by CDOT. The County is not required to approve any Development where facilities in place are not adequate to serve the proposed. d. Calculation of County road impact
fees due for the proposed Development and any off-site Costs identified that are not already part of the currently-approved County capital improvements plan. e. A proposed funding and
phasing plan shall be provided for work necessary to be performed off-site that is not an identified project in the County capital improvements plan. For projects that are identified
in the County capital improvements plan, the Applicant may propose moving the project forward in time with cost sharing for consideration by the County. 5. Additional Submittal Requirements
and Documentation. a. Existing County permits, including driveway permits and access permits; b. Existing access easements; c. Existing permits from CDOT, railroads, or other applicable
entities; d. Evidence of consultation with the County for future access locations; e. Evidence of consultation with CDOT for future access permits, as applicable; f. Any proposed access
easements, agreements, and modifications and current status; and g. Any proposed noise barrier or sound wall improvements.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-33 M. Water Supply Plan. For the purposes of this plan, 1 Single-Family Equivalent (SFE) shall equal 350 gallons of
water per day, regardless of the type of use. 1. Water supplied by a Water Supply Entity. Any Development that will be served by a Water Supply Entity shall submit a letter prepared
by the engineer of the Water Supply Entity, stating whether the Water Supply Entity is willing to commit and has the ability to provide an adequate water supply for the proposed Development.
a. At a minimum, the letter shall include: (1) An estimate of the water supply requirements for the proposed Development through build-out conditions; (2) A description of the physical
source of water supply that will be used to serve the proposed Development; (3) An estimate of the amount of water yield projected from the proposed water supply under various hydrologic
conditions; (4) Water conservation measures, if any, that may be implemented within the proposed Development; (5) Water demand management measures, if any, that may be implemented to
address hydrologic variations; and (6) Such other information as may be required by the BOCC. b. In the alternative, an Applicant shall not be required to provide a letter if the water
for the proposed development is to be provided by a Water Supply Entity that has a water supply plan that: (1) Has been reviewed and updated, if appropriate, within the previous 10 years
by the governing board of the Water Supply Entity; (2) Has a minimum 20-year planning horizon; (3) Lists the water conservation measures, if any, that may be implemented within the service
area; (4) Lists the water demand management measures, if any, that may be implemented within the Development; (5) Includes a general description of the Water Supply Entity’s water obligations;
(6) Includes a general description of the Water Supply Entity’s water supplies; and (7) Is on file with the local government. 2. 14 SFE or Fewer. Developments that require water for
14 SFE or fewer and will not be served by a Water Supply Entity shall provide a plan that describes how the water supply will be sufficient for build-out of the proposed Development
in terms of water quality, quantity, dependability, and availability. In determining adequacy of the proposed water supply,
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-34 the following considerations shall apply in addition to requirements of the State Engineer and County Public Health
Department: a. The average daily demand of the entire service area and the proposed Development shall accommodate peak demands to service the total Development population and shall account
for any irrigation or agricultural uses. b. The average daily demand for commercial and industrial uses shall be reviewed based on the anticipated demand of the proposed Development,
based on standard engineer’s criteria. c. Water supplies shall be treated by a method acceptable to conform to minimum State standards. The County may require test wells. d. The demand
for irrigation water shall be based upon the type of vegetation to be maintained, soil characteristics, the historic yield of the property, and available water rights. e. The water supply
demand for fire protection shall be based upon recognized and customary engineering standards and requirements of the applicable fire protection district. Subdivision developments shall
comply with the provisions of Section 7-403, Fire Protection. f. For individual wells, a minimum 4-hour pump test shall be performed on the well(s) to be used. The results of the pump
test shall be analyzed and summarized in a report, including basic well data (size, depth, static water level, aquifer, etc.) pumping rate, draw down, recharge, and estimated long-term
yield. The report shall be prepared by a qualified engineer or ground water hydrologist and shall include an opinion that the well will be adequate to supply water for the proposed uses.
The report shall also address the impacts to ground water resources in the area. (1) If the well is shared, an Applicant shall submit a legal well-sharing declaration addressing all
easements and Costs associated with operation and maintenance of the system and identifying the person responsible for paying Costs and how assessment will be made for those Costs. (2)
At a minimum, the water quality of the well shall be tested by an independent testing laboratory for the basic Colorado primary drinking water standards for inorganic and organic chemical,
microbiological (bacteria), and radionuclide (radioactivity) contaminants. The results should show that the applicable standards are met or otherwise identify a treatment system to meet
the standards. Testing for the secondary drinking standards (taste, odor, color, staining, scaling, corrosion, etc.) is recommended.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-35 3. Greater than 14 SFE. Developments that require water for greater than 14 SFE and that will not be served by a
Water Supply Entity shall provide a plan that describes the following: a. An estimate of the water supply requirements for the proposed Development through build-out conditions; b. A
description of the physical source of water supply that will be used to serve the proposed Development; c. Water quality shall be demonstrated by complying with the CDPHE’s drinking
water standards for all Development permits requiring a water demand of 14 SFE or greater; d. An estimate of the amount of water yield projected from the proposed water supply under
various hydrologic conditions; e. Water conservation measures, if any, that may be implemented within the Development; f. Water demand management measures, if any, that may be implemented
within the Development to account for hydrologic variability; g. Evidence of ownership or right of acquisition of or use of existing and proposed water rights; and h. Such other information
as may be required by the BOCC. 4. Development That is a Division of Land. If the Development is a Division of Land and is not served by a Water Supply Entity, the plan shall include
all the information required in Section 4-203.M.2 or Section 4-203.M.3 depending on SFE, as well as the following evidence required by C.R.S. § 30-28-133(3)(d), as amended: a. Historic
use and estimated yield of claimed water rights; b. Amenability of existing rights to a change of use; c. Evidence that private water owners can and will supply water to the proposed
Subdivision stating the amount of water available for use within the Subdivision and the feasibility of extending service to that area; and d. Evidence concerning the potability of the
proposed water supply for the Subdivision. DIVISION 3. ADDITIONAL SUBMISSION REQUIREMENTS FOR SPECIFIC APPLICATION TYPES. SECTION 4-301. MINOR TEMPORARY HOUSING FACILITY. A. Review Process.
Applications for Minor Temporary Housing Facilities shall be subject to decision by the Director and shall be processed according to Section 4-107. The Applicant shall submit an application
on a form provided by the Building and Planning Department and must receive a minor permit prior to commencing installation of the Minor Facility.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-36 1. Identity of Applicant. The Applicant for a minor permit or for approval of an AWDP must be the owner of the surface
estate of the subject parcel (for purposes of this Section 4-301, “Owner”), consistent with Section 4-203.B.1. If a representative is acting on behalf of the Owner, an acknowledgement
from the Owner shall be included with the application submittals required below. Such an acknowledgment may be in the form of a letter of authority/agency or a lease, surface use agreement,
or similar document of legal effect demonstrating that the Owner has given the representative (a) permission to use the surface estate for installation of 1 or more Minor Facilities,
and (b) permission to process applications for land use and building code permits on behalf of the Owner(s). 2. Public Notice. Public Notice shall include at a minimum: name of the Applicant
and representative (if different), description/map of the subject parcel with proposed location of Minor Facility, general description of the proposed Minor Facility, explanation of
the call-up process outlined in Section 4-111, below, with the time frame to request reconsideration of the Director’s decision and contact information for the Building and Planning
Department. At the time of submittal of an application for a minor permit or approval of an AWDP, the Applicant shall demonstrate that notice was mailed to the following: a. Adjacent
Property Owners, as identified in the records of the County Assessor or the Clerk and Recorder’s Office, within 200 feet of the subject parcel or 200 feet from the Permitted Site if
the Permitted Site is within the Resource Land Zone Districts; b. The Owner (unless the Owner is the Applicant); and c. Owners of a separated mineral estate, as defined in C.R.S. § 24-65.5-101,
et seq., as amended, and as identified in the records of the County Assessor or Clerk and Recorder’s Office, under the subject lot, or under the Permitted Site, if the Permitted Site
is within the Resource Land Zone Districts. 3. Assuming approval of the AWDP following the time frame for reconsideration detailed in this Code, the Applicant may proceed to submit individual
applications for the Minor Facilities proposed within the AWDP. B. Submission Requirements. Applications for a minor permit, including a minor permit for which an AWDP was previously
approved, must include the following: 1. A Master Map/Site Plan in accordance with Section 4-301.B.13, below, identifying the proposed location and anticipated layout for all Minor Facilities
to be installed within the AWDP. Site specific, surveyed maps depicting the location of each Minor Facility, located within the Permitted Site within the subject parcel, shall be submitted
with each individual minor permit application and not with the application for approval of an AWDP. 2. The Master Map/Site Plan shall include a list of the anticipated dates of installation
and removal for each Minor Facility. The list shall also include
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-37 the estimated total cumulative length of time (number of days) that the Minor Facilities are anticipated to be installed
at the proposed location. 3. Sign-offs from the County Sheriff’s Office, relevant fire protection district(s), and Planning Department consistent with the requirements of this Code.
If an AWDP was previously approved, the Applicant for a minor permit need not resubmit the sign-offs. 4. A legible photo of the State or Federal certifying stamp for each housing unit
anticipated to be used within the AWDP and demonstration that each proposed unit meets current building code and the County fire code requirements. 5. A general description of infrastructure
and services listed in this Code. The detail required at the time of application for a minor permit is not required at the time of application for approval of an AWDP. 6. Proof that
required public noticing has been performed in accordance with Section 4-101.E and 4-301.A.2. 7. Sign-offs from the Planning Department of the State or Federal certifying stamp for each
housing unit proposed for use and demonstration that each proposed housing unit meets current building code and fire code requirements. If an AWDP has been previously approved, the Applicant
shall identify the housing units that will be used at the Minor Facility from the list approved as a part of the AWDP. General description of the water system planned for potable water,
along with details regarding number and volume of potable water tanks, source of water, name of hauler, hauler’s CDPHE registration number, and copy of hauler’s CDPHE certification,
frequency of delivery, calculation of water demand, and demonstration of adequate capacity. 8. A general description of the system planned for collection and storage of sewage and wastewater,
along with details regarding number and volume of sewage and wastewater vaults; name of hauler; frequency of pickup; identification of sewage disposal site; calculation of sewage and
wastewater treatment demand; and demonstration of adequate storage and/or treatment capacity. 9. A general description of the system planned for collection and disposal of refuse, including
number, type, and volume of collection containers; name of hauler; frequency of collection; and identification of refuse disposal site. 10. A list of adjacent surface owners, as identified
in the records of the County Assessor or the Clerk and Recorder’s Office, located within 200 feet of the subject parcel or 200 feet from the Permitted Site if the Permitted Site is within
the Resource Land Zone Districts, and a list of separated mineral estate owners in the subject lot or the Permitted Site if the Permitted Site is within the Resource Land Zone Districts.
11. A list of the final dates of installation and removal of the Minor Facility and a representation of the total cumulative length of time (number of days) that the Minor Facility will
be installed at the proposed location. 12. A Vicinity Map presented on a USGS 7.5-minute series quadrangle at a scale of 1 inch equals 2,000 feet or equivalent, with a topography
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-38 depicted at a minimum of 40-foot intervals, and that indicates the following: a. The section, township, and range
of the subject parcel and the location of Minor Facility within the subject parcel and the Permitted Site; b. General relation to surrounding public roads, private roads, adjacent utility
systems, residential development, other actively permitted Minor and Major Facilities, natural drainage courses, and municipalities within 1 mile of the proposed Minor Facility; c. North
arrow and scale; and d. GPS coordinates and current surface ownership of the subject lot. 13. An adequate Site Plan, consistent with Section 4-203.D. and the requirements listed below:
a. Surveyed layout of the proposed Minor Facility within the surveyed boundaries of the Permitted Site, including at a minimum: sewage and wastewater disposal, trash receptacles, potable
water storage, all other associated infrastructure, and all other equipment located within the Permitted Site. b. Identification of the private and public roadways accessing each Minor
Facility. Roadways shall be marked as open, gated, and/or locked (include combinations). Detailed directions, with mileage, shall be given from the nearest town within the County, nearest
County Sheriff’s Office dispatch location, and responsible fire district headquarters to each Minor Facility along each roadway. c. Name, address, and phone number of surface owner of
the subject lot or the Permitted Site if the Permitted Site is within the Resource Land Zone Districts. d. Name, address, and phone number, including a 24-hour emergency response number
of at least 2 persons responsible for the Operator’s emergency field operations; contact numbers for local hospitals, emergency response, fire protection districts, the County Sheriff’s
Office, Life/Care Flight, and applicable regulatory agencies; site safety/evacuation plan; and any other written response plan for potential emergencies at the Permitted Site. e. Identification
of the final dates of installation and removal of the Minor Facility. The Site Plan shall include a notation of the total cumulative length of time (number of days) that the Minor Facility
will be installed at the Permitted Site. 14. The name, title, address, phone number, and email address of the Operator’s Compliance Officer or other authorized representative who is
in charge of ensuring that the Minor Facility is in compliance with the standards outlined in this Code. 15. A form provided by the Building and Planning Department and signed by the
Operator’s Compliance Officer, indicating that the Minor Facility will be installed in accordance with all applicable County, relevant fire district,
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-39 State, and Federal regulations. 16. A form, provided by the Building and Planning Department and signed by the Operator’s
Compliance Officer, indicating that the Operator submits to the enforcement provisions identified within this Code. 17. A copy of the permit from the State or Federal agency regulating
the Permitted Site, identifying the location, conditions of approval, time period for which the permit is valid, and the parameters for reclamation, and revegetation of the Minor Facility
once the State or Federal permit for the Permitted Site has expired or is otherwise terminated. SECTION 4-302. REQUEST TO VACATE A COUNTY ROAD OR PUBLIC RIGHT-OF-WAY. A. Submission Requirements.
An application to vacate a County road or public right-of-way shall contain the following information: 1. A Vicinity Map showing the following: a. The location of adjacent properties
and any structures within 20 feet of the boundaries of the vacation, including any publicly-owned land; b. Land uses for those adjacent properties; c. Location of all existing utilities
in or adjacent to the proposed vacation; d. Existing road rights-of-way within a 20-feet radius of any proposed vacation; and e. A survey and map containing a legal description and graphic
depiction of the proposed vacation suitable to be recorded in the County Clerk and Recorder’s Office. 2. A description of the current condition of the road or right-of-way, a Traffic
Analysis of current uses, a description of any gates placed upon the road or right-of-way, a description of the current and historic uses of the roadway, and the position of the Applicant
concerning continued use of the roadway for nonmotorized public use. 3. A letter from any involved utility company stating the company’s position on the proposed vacation. 4. A letter
from any affected fire district stating that districts position on the need for maintaining the right-of-way for emergency use. 5. A statement indicating whether the proposed vacation
has ever been established as a County road. 6. A title opinion from an attorney or title company stating the basis (deed, dedication, prescription, etc.) for the interest in the public
or County. 7. A statement indicating whether the proposed vacation provides any access to public lands. (If the proposed vacation concerns a road or right-of-way that extends to public
land, the application shall include
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-40 evidence that all posting, publication, and notification required by C.R.S. § 43-2-201.1, as amended, has occurred
at least 18 months prior to the date of submittal of the application.) 8. Names and addresses of all property owners adjacent to that portion of the right-of-way proposed for vacation,
including any public land owners. SECTION 4-303. LAND USE IN FLOODPLAIN OVERLAY DISTRICT. A. Site Plan. In addition to the Site Plan requirements set forth in Section 4-204.D., the Site
Plan shall include the following elements. The Floodplain Administrator may require, or the Applicant may choose to submit, a more detailed version of all or part of the Site Plan. 1.
Base Flood boundary and water surface elevations; 2. Floodway boundary; 3. Channel of the water course; 4. Existing and proposed topographic contours shown at vertical intervals of no
greater than 2 feet; 5. Elevation of the Lowest Floor, including basement and garage, of each existing and proposed structure; 6. Proposed elevations to which structures will be floodproofed
(if applicable); 7. Location, dimension, and elevation of proposed landscape alterations; 8. Elevations of existing streets, water supply, and sanitation facilities; 9. Boundaries and
total land area of all existing and proposed impervious surfaces, including structures; and 10. Location of existing water supply ditches, irrigation ditches, and laterals. B. Channel
Cross-Section. A typical cross-section showing the following elements: 1. Channel of the watercourse; 2. Boundaries of Floodplain adjoining each side of channel; 3. Area to be occupied
by the proposed land use; and 4. Existing and proposed Base Flood elevations. C. Construction Specifications. Specifications for construction and materials of buildings, floodproofing,
filling, dredging, grading, channel improvements, storage of materials, water supply, and sanitation facilities, as applicable. D. Alteration of Water Course. Description of the extent
to which any water course will be altered or relocated as a result of the proposed Development.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-41 E. Floodway Analysis. A Floodway analysis prepared by a qualified professional engineer shall be required for all
land use proposed to be located in a Floodway, and shall meet the following guidelines. If a detailed hydraulic Floodway analysis has not been performed, the Floodplain Administrator
shall require the Applicant to provide the analysis necessary for determining the Floodway boundary. 1. The Floodway analysis shall be completed using methodology acceptable to the Federal
Emergency Management Agency (FEMA) and Colorado Water Conservation Board. 2. The Floodplain Administrator may require a detailed hydraulic Floodway analysis based on the identical hydraulic
model used to develop the current engineering study adopted by the BOCC, if available. 3. The hydraulic model shall be updated to reflect existing hydraulic conditions, to determine
any increase in the 100-year water surface elevation levels that has occurred as a result of development since the Floodplain was established. a. Alternate Floodway configurations may
then be analyzed based on methods as outlined in the current U.S. Army Corps of Engineers HEC-RAS Water Surface Profiles Users Manual and submitted to the Floodplain Administrator for
review and approval. b. The analysis shall provide a determination of the cumulative effects of the proposed Development, plus the effects of Development since the original flood hazard
area was established, on the Base Flood elevation. c. At the Floodplain Administrator’s discretion, where a regulatory Floodway has been designated, it may not be necessary to determine
the cumulative effects of existing Development. 4. Floodway boundary configurations shall be examined and approved by the Floodplain Administrator. The following information shall be
included for the stream reach 100 feet upstream and 100 feet downstream from the proposed encroachment: a. A copy of the printout for the hydraulic computer model representing the Base
Flood profile run for conditions existing at the time the currently effective Floodplain was developed. The printout must include the full input and output listing. b. A copy of the
printout from the hydraulic computer model representing the Floodway run for the proposed Floodway configuration and including developments and other hydraulic changes within the Floodplain
since the currently effective Floodplain was established. The printout must include the full input and output listing with all input changes from the original model highlighted. c. A
copy of the Floodway data table representing data for the proposed Floodway configuration.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-42 d. A copy of the currently effective official engineering study showing the existing Floodplain and the proposed
Floodway configuration. e. Certification from a Colorado Registered Professional Engineer that the proposed Floodway configuration, in combination with current Floodplain hydraulic conditions,
meets FEMA and CWCB requirements when evaluated against flood elevations established when the original Floodplain study was completed. F. Floodplain Impact Report. An engineering report
addressing the standards set forth in Section 7-601. SECTION 4-304. LAND USE IN AIRPORT/HELIPORT INFLUENCE AREA OVERLAY DISTRICT.1 A. Applicability. The provisions of this Section are
applicable to any application for development in the Airport/Heliport Influence Area Overlay District. These provisions are applicable in addition to any other requirements of this Code.
B. Location Map. A map or drawing showing the location of the subject property in relation to Airport Imaginary Surfaces. C. Elevation Profiles and Site Plan. Elevation profiles and
a Site Plan including: 1. Location of existing and proposed structures in relation to Airport Imaginary Surfaces. 2. Height of all existing and proposed structures, measured in feet
above mean sea level. 3. Layout Plan for Heliport/Helistop. 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). Layout Plan for Landing Strip. The plan shall be sufficient to depict the airport reference code, the layout of existing and planned facilities
and features, ground contours at 10-foot intervals, the building restriction lines, the relationship of the runway(s), and RPZs to the land parcel(s) on which the landing strip is to
be located and to adjoining land parcels. 1 Integrated into Section 7-603
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-43 Approach profiles shall depict the composite profile based on the highest terrain across the width and along the
length of each RPZ. Written Agreements for Height Exception. Written Agreements from the Airport/Heliport Sponsor and the FAA, if a height exception is requested. D. 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. E. 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.