HomeMy WebLinkAboutArticle 14 BOCC Changes REDLINE
LUDC
2013
GARFIELD COUNTY, COLORADO
Article 14: Areas and Activities of State Interest
PLANNING COMMISSION
REVIEW DRAFT
MARCH 13, 2013
CLEAN
Article 14
Areas and Activities of State Interest
Table of Contents
DIVISION 1. GENERAL. 8
14-101. PURPOSE AND INTENT. 8
14-102. AUTHORITY AND SEVERABILITY. 8
A. Authority. 8
B. Severability. 8
14-103. APPLICABILITY. 8
A. Areas of State Interest. 8
B. Activities of State Interest. 8
14-104. EXEMPTIONS. 9
A. Statutory Exemptions. 9
14-105. INTERPRETATION WITH STATUTES, OTHER
ENACTMENTS, AND COMPREHENSIVE PLAN. 9
A. Enactments and Intergovernmental Agreements. 9
B. Statutory Criteria More Stringent. 9
C. Statutory Criteria Less Stringent. 9
D. Compliance
with Other Applicable County, State and Federal Requirements. 9
E. Compliance with These Regulations. 9
F. No Intent to Conflict. 9
14-106. PERMIT REQUIRED. 10
A. Permit Authority. 10
B. Permit
Required Prior to Engaging in Designated Activity or Development in Designated Area. 10
C. Permit or Finding of No Significant Impact Required Prior to Development Approval by the County. 10
D. Term
of Permit. 10
E. Renewal. 10
F. Permit Not A Site Specific Development Plan. 10
DIVISION 2. DESIGNATION OF AREAS AND ACTIVITIES OF STATE INTEREST…….. .10
14-201. APPLICABILITY OF DESIGNATION
PROCESS. 10
14-202. INITIATION OF DESIGNATION REQUEST. 11
14-203. DESIGNATION PROCESS. 11
A. Public Hearing by BOCC. 11
B. Matters to be Considered at Designation Hearing. 11
C. Adoption
of Designation and Regulations. 11
D. Record of Designation Proceedings. 11
E. Recordation with County Clerk. 12
F. Effect of Designation – Moratorium Until Final Determination. 12
DIVISION
3. REVIEW PROCESS FOR PERMIT TO ENGAGE IN AN ACTIVITY OF STATE INTEREST OR DEVELOPMENT IN AN AREA OF STATE INTEREST. 12
14-301. COMMON REVIEW PROCEDURES. 12
A. Consultants. 12
B. Pre-Application
Conference. 12
C. Determination of Level of Permit Review. 13
D. Reconsideration of Planning Director’s Determination of Level of Permit Review. 13
E. Change in Level of Permit Review. 14
F. Notice
of Public Hearing. 14
G. Determination of Completeness. 14
H. Evaluation by Director/Staff Review. 15
14-302. MINOR PERMIT REVIEW PROCESS. 15
A. Outline of Process. 15
B. Review Process. 15
14-303.
MAJOR PERMIT REVIEW PROCESS. 16
A. Outline of Process. 16
B. Review Process. 16
14-304. PERMIT AMENDMENTS AND TECHNICAL REVISIONS. 17
A. Technical Revisions. 17
B. Process for Permit
Amendments. 18
C. Reconsideration of Director’s Determination of Whether Change is a Permit Amendment or a Technical Revision. 18
DIVISION 4. PERMIT APPLICATION SUBMITTAL REQUIREMENTS. 18
14-401.
DESCRIPTION OF SUBMITTAL REQUIREMENTS. 18
A. Application Fees. 18
B. Application Form. 19
C. Information Describing the Project. 19
D. Property Rights, Permits and Other Approvals. 20
E. Description
of Technical and Financial Feasibility of the Project. 20
F. Socioeconomic Impacts. 20
G. Environmental Impacts. 21
H. Hazardous Materials Description. 24
I. Monitoring and Mitigation
Plan. 24
J. Additional Information May Be Necessary. 24
14-402. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO DEVELOPMENT IN AREAS AROUND RAPID OR MASS TRANSIT FACILITIES. 24
A. Traffic
Relationships. 24
B. Traffic Generation. 24
C. Traffic Impacts. 24
D. Traffic Access. 25
14-403. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO ARTERIAL HIGHWAYS, INTERCHANGES AND
COLLECTOR HIGHWAYS. 25
A. Traffic Patterns. 25
B. Surrounding Land Uses. 25
C. Traffic Demands. 25
D. Compliance. 25
14-404. ADDITIONAL SUBMITTAL REQUIREMENTS FOR FIXED GUIDEWAYS. 25
A. Type
of Motive Power. 25
B. Minimum and Optimum Width of ROW. 25
C. Minimum and Maximum Passenger Capacity. 25
D. Maximum Length of Any Trail. 25
E. Maximum Proposed Grade. 25
F. Building
or Structure Removal. 25
G. Methods Planned to Prevent Collision. 26
14-405. ADDITIONAL SUBMITTAL REQUIREMENTS FOR STATIONS AND TERMINALS. 26
A. Type of Mechanical Transit Conveyance. 26
B. Analysis
of Passengers. 26
C. Anticipated Schedule. 26
D. Maximum Length of Any Train. 26
E. Basic Floor Plan and Architectural Sketches. 26
F. Map of All Associated Roadways, Parking Areas and
Other Facilities. 26
14-406. ADDITIONAL SUBMITTAL REQUIREMENTS FOR TPUD IN AREAS AROUND MASS TRANSIT STATIONS OR TERMINALS. 26
A. General Nature of Development. 27
B. Location of Proposed
Development. 27
C. Traffic Generation. 27
D. Access to Development. 27
E. Provision of Commercial Services. 27
F. Proposed Residential Uses. 27
G. Proposed Commercial Uses. 27
H. Pedestrian
and Bicycle Routes. 27
14-407. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO SITE SELECTION FOR AIRPORT OR HELIPORT LOCATION OR EXPANSION. 28
A. Airport Layout Plan. 28
B. Heliport
or Helistop Layout Plan. 28
C. Description of Effect. 28
14-408. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO LAND USE IN AREAS AROUND AN AIRPORT OR HELIPORT. 28
A. Location Map. 28
B. Elevation
Profiles and Site Plan. 28
C. Written Agreements for Height Exception. 28
D. Declaration of Anticipated Noise Levels. 28
E. Avigation Easement. 29
14-409. ADDITIONAL SUBMITTAL REQUIREMENTS
APPLICABLE TO MUNICIPAL AND INDUSTRIAL WATER PROJECTS. 29
A. Efficient Water Use. 29
B. Municipal and Industrial Water Projects. 29
C. Demand. 29
DIVISION 5. PERMIT APPROVAL STANDARDS. 29
14-501.
GENERAL APPROVAL STANDARDS. 29
A. Necessary Permits Will Be Obtained. 29
B. Expertise and Financial Capability. 29
C. Technical and Financial Feasibility. 29
D. Risk From Natural Hazards. 29
E. Cons
istent Plans. 29
F. Effect on Local Government Services. 29
G. Housing. 30
H. Financial Burden. 30
I. Effect on Economy. 30
J. Recreational Experience. 30
K. Conservation. 30
L. Natural
Environment. 30
M. Nuisance. 30
N. Areas of Paleontological, Historic or Archaeological Importance. 30
O. Release of Hazardous Materials. 30
P. Benefits Versus Loss of Resources. 30
Q. Best
Alternative. 30
R. Project Need. 31
The proposed project is needed within the County and/or area to be served. 31
14-502. ADDITIONAL STANDARDS APPLICABLE TO RAPID OR MASS TRANSIT FACILITIES……….. 31
A. Areas Around Rapid or Mass Transit. 31
B. Site Selection. 31
14-503. ADDITIONAL STANDARDS APPLICABLE TO AREAS AROUND ARTERIAL HIGHWAYS, INTERCHANGES, AND COLLECTOR HIGHWAYS. 32
A. Areas
Around Arterial Highways, Interchanges, and Collectors. 32
B. Site Selection. 32
14-504. APPROVAL STANDARDS FOR SITE SELECTION OF AIRPORT OR HELIPORT LOCATION OR EXPANSION. 33
A. Airport
Layout. 33
B. Heliport Layout. 33
C. Fabrication, Service, and Repair Operations. 33
D. Storage of Materials. 33
E. Ability to Obtain Necessary Permits. 33
F. Conflict with Existing
Easements. 33
G. Relationship to Economic and Transportation Needs. 33
H. Nuisance. 33
14-505. APPROVAL STANDARDS APPLICABLE TO AREAS AROUND AIRPORTS AND HELIPORTS………. 33
A. Protection
of Public Health, Safety and Welfare. 33
B. Prohibited Uses and Activities. 34
C. Permitted Uses and Activities. 34
D. Noise. 35
E. Avigation and Hazard Easement. 35
F. Declaration of
Anticipated Noise Levels. 35
G. Communications Facilities and Electrical Interference. 35
H. Outdoor Lighting. 35
I. Use of Reflective Materials Prohibited. 36
J. Industrial Emissions
That Obscure Visibility Prohibited. 36
K. Height Restrictions. 36
L. Penetration of Development into Imaginary Surface Area. 36
M. Wetland Construction, Enhancement, Restoration, or
Mitigation. 36
N. Separation of Noise-Sensitive Land Use. 37
DIVISION 6. FINANCIAL GUARANTEE. 38
14-601. FINANCIAL GUARANTEE REQUIRED. 38
A. Completion. 38
B. Performance. 38
C. Increases
Borne By Permittee. 39
D. Shortfall to County Revenues. 39
14-602. AMOUNT OF FINANCIAL GUARANTEE. 39
A. Estimated Cost of Completion. 39
B. Estimated Cost of Performing All Mitigation. 39
14-603.
ESTIMATE. 39
14-604. FORM OF FINANCIAL GUARANTEE 39
A. Form Acceptable. 39
B. Cash Deposited. 39
14-706. RELEASE OF GUARANTEE. 39
A. Surrender of Permit. 39
B. Project Abandonment. 39
C. Satisfacto
ry Completion. 40
D. Completion of Phase. 40
E. Satisfied Conditions. 40
14-606. CANCELLATION OF THE FINANCIAL GUARANTEE. 40
14-607. FORFEITURE OF FINANCIAL GUARANTEE 40
A. Written
Notice. 40
B. Public Hearing. 40
C. Disbursement. 40
D. Inadequate Revenue. 40
14-608. SUBSTITUTE OF FINANCIAL GUARANTEE. 40
DIVISION 7. PERMIT ADMINISTRATION AND ENFORCEMENT. 41
14-701.
ENFORCEMENT AND PENALTIES. 41
A. Enjoinment. 41
B. Material Changes in the Construction or Operation. 41
14-702. PERMIT SUSPENSION OR REVOCATION. 41
A. Temporary Suspension. 41
B. Revocation. 41
14
-703. TRANSFER OF PERMITS. 41
14-704. INSPECTION. 41
14-705. JUDICIAL REVIEW. 41
APPENDIX A…. 43
D. Reconsideration of Planning Director’s Determination of Level of Permit Review. 13
E. Change in Level of Permit Review. 14
F. Notice of Public Hearing. 14
G. Determination of Completeness. 14
H. E
valuation by Director/Staff Review. 15
14-302. MINOR PERMIT REVIEW PROCESS. 15
A. Outline of Process. 15
B. Review Process. 15
14-303. MAJOR PERMIT REVIEW PROCESS. 16
A. Outline of
Process. 16
B. Review Process. 16
14-304. PERMIT AMENDMENTS AND TECHNICAL REVISIONS. 17
A. Technical Revisions. 17
B. Process for Permit Amendments. 18
C. Reconsideration of Director’s
Determination of Whether Change is a Permit Amendment or a Technical Revision. 18
DIVISION 4. PERMIT APPLICATION SUBMITTAL REQUIREMENTS. 18
14-401. DESCRIPTION OF SUBMITTAL REQUIREMENTS. 18
A. Appl
ication Fees. 18
B. Application Form. 19
C. Information Describing the Project. 19
D. Property Rights, Permits and Other Approvals. 20
E. Description of Technical and Financial Feasibility
of the Project. 20
F. Socioeconomic Impacts. 20
G. Environmental Impacts. 21
H. Hazardous Materials Description. 24
I. Monitoring and Mitigation Plan. 24
J. Additional Information May
Be Necessary. 24
14-402. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO DEVELOPMENT IN AREAS AROUND RAPID OR MASS TRANSIT FACILITIES. 24
A. Traffic Relationships. 24
B. Traffic Generation. 24
C. Tr
affic Impacts. 24
D. Traffic Access. 25
14-403. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO ARTERIAL HIGHWAYS, INTERCHANGES AND COLLECTOR HIGHWAYS. 25
A. Traffic Patterns. 25
B. Surrounding
Land Uses. 25
C. Traffic Demands. 25
D. Compliance. 25
14-404. ADDITIONAL SUBMITTAL REQUIREMENTS FOR FIXED GUIDEWAYS. 25
A. Type of Motive Power. 25
B. Minimum and Optimum Width of
ROW. 25
C. Minimum and Maximum Passenger Capacity. 25
D. Maximum Length of Any Trail. 25
E. Maximum Proposed Grade. 25
F. Building or Structure Removal. 25
G. Methods Planned to Prevent
Collision. 26
14-405. ADDITIONAL SUBMITTAL REQUIREMENTS FOR STATIONS AND TERMINALS. 26
A. Type of Mechanical Transit Conveyance. 26
B. Analysis of Passengers. 26
C. Anticipated Schedule. 26
D. Maxim
um Length of Any Train. 26
E. Basic Floor Plan and Architectural Sketches. 26
F. Map of All Associated Roadways, Parking Areas and Other Facilities. 26
14-406. ADDITIONAL SUBMITTAL REQUIREMENTS FOR TPUD IN AREAS
AROUND MASS TRANSIT STATIONS OR TERMINALS. 26
A. General Nature of Development. 27
B. Location of Proposed Development. 27
C. Traffic Generation. 27
D. Access to Development. 27
E. Provision
of Commercial Services. 27
F. Proposed Residential Uses. 27
G. Proposed Commercial Uses. 27
H. Pedestrian and Bicycle Routes. 27
14-407. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE
TO SITE SELECTION FOR AIRPORT OR HELIPORT LOCATION OR EXPANSION. 28
A. Airport Layout Plan. 28
B. Heliport or Helistop Layout Plan. 28
C. Description of Effect. 28
14-408. ADDITIONAL
SUBMITTAL REQUIREMENTS APPLICABLE TO LAND USE IN AREAS AROUND AN AIRPORT OR HELIPORT. 28
A. Location Map. 28
B. Elevation Profiles and Site Plan. 28
C. Written Agreements for Height
Exception. 28
D. Declaration of Anticipated Noise Levels. 28
E. Avigation Easement. 29
14-409. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO MUNICIPAL AND INDUSTRIAL WATER PROJECTS. 29
A. Efficien
t Water Use. 29
B. Municipal and Industrial Water Projects. 29
C. Demand. 29
DIVISION 5. PERMIT APPROVAL STANDARDS. 29
14-501. GENERAL APPROVAL STANDARDS. 29
A. Necessary Permits Will
Be Obtained. 29
B. Expertise and Financial Capability. 29
C. Technical and Financial Feasibility. 29
D. Risk From Natural Hazards. 29
E. Consistent Plans. 29
F. Effect on Local Government
Services. 29
G. Housing. 30
H. Financial Burden. 30
I. Effect on Economy. 30
J. Recreational Experience. 30
K. Conservation. 30
L. Natural Environment. 30
M. Nuisance. 30
N. Areas of
Paleontological, Historic or Archaeological Importance. 30
O. Release of Hazardous Materials. 30
P. Benefits Versus Loss of Resources. 30
Q. Best Alternative. 30
R. Project Need. 31
The
proposed project is needed within the County and/or area to be served. 31
14-502. ADDITIONAL STANDARDS APPLICABLE TO RAPID OR MASS TRANSIT FACILITIES……….. 31
A. Areas Around Rapid or
Mass Transit. 31
B. Site Selection. 31
14-503. ADDITIONAL STANDARDS APPLICABLE TO AREAS AROUND ARTERIAL HIGHWAYS, INTERCHANGES, AND COLLECTOR HIGHWAYS. 32
A. Areas Around Arterial Highways, Interchanges,
and Collectors. 32
B. Site Selection. 32
14-504. APPROVAL STANDARDS FOR SITE SELECTION OF AIRPORT OR HELIPORT LOCATION OR EXPANSION. 33
A. Airport Layout. 33
B. Heliport Layout. 33
C. Fabrication,
Service, and Repair Operations. 33
D. Storage of Materials. 33
E. Ability to Obtain Necessary Permits. 33
F. Conflict with Existing Easements. 33
G. Relationship to Economic and Transportation
Needs. 33
H. Nuisance. 33
14-505. APPROVAL STANDARDS APPLICABLE TO AREAS AROUND AIRPORTS AND HELIPORTS………. 33
A. Protection of Public Health, Safety and Welfare. 33
B. Prohibited Uses
and Activities. 34
C. Permitted Uses and Activities. 34
D. Noise. 35
E. Avigation and Hazard Easement. 35
F. Declaration of Anticipated Noise Levels. 35
G. Communications Facilities
and Electrical Interference. 35
H. Outdoor Lighting. 35
I. Use of Reflective Materials Prohibited. 36
J. Industrial Emissions That Obscure Visibility Prohibited. 36
K. Height Restrictions. 36
L. Pene
tration of Development into Imaginary Surface Area. 36
M. Wetland Construction, Enhancement, Restoration, or Mitigation. 36
N. Separation of Noise-Sensitive Land Use. 37
DIVISION 6.
FINANCIAL GUARANTEE. 38
14-601. FINANCIAL GUARANTEE REQUIRED. 38
A. Completion. 38
B. Performance. 38
C. Increases Borne By Permittee. 39
D. Shortfall to County Revenues. 39
14-602.
AMOUNT OF FINANCIAL GUARANTEE. 39
A. Estimated Cost of Completion. 39
B. Estimated Cost of Performing All Mitigation. 39
14-603. ESTIMATE. 39
14-604. FORM OF FINANCIAL GUARANTEE 39
A. Form
Acceptable. 39
B. Cash Deposited. 39
14-706. RELEASE OF GUARANTEE. 39
A. Surrender of Permit. 39
B. Project Abandonment. 39
C. Satisfactory Completion. 40
D. Completion of Phase. 40
E. Satisfied
Conditions. 40
14-606. CANCELLATION OF THE FINANCIAL GUARANTEE. 40
14-607. FORFEITURE OF FINANCIAL GUARANTEE 40
A. Written Notice. 40
DIVISION 1. GENERAL. 8
14-101. PURPOSE AND INTENT. 8
14-102. AUTHORITY AND SEVERABILITY. 8
A. Authority. 8
B. Severability. 8
14-103. APPLICABILITY. 8
A. Areas of State Interest. 8
B. Activities
of State Interest. 8
14-104. EXEMPTIONS. 9
A. Statutory Exemptions. 9
14-105. INTERPRETATION WITH STATUTES, OTHER ENACTMENTS, AND COMPREHENSIVE PLAN. 9
A. Enactments and Intergovernmental
Agreements. 9
B. Statutory Criteria More Stringent. 9
C. Statutory Criteria Less Stringent. 9
D. Compliance with Other Applicable County, State and Federal Requirements. 9
E. Compliance
with These Regulations. 9
F. No Intent to Conflict. 9
14-106. PERMIT REQUIRED. 10
A. Permit Authority. 10
B. Permit Required Prior to Engaging in Designated Activity or Development
in Designated Area. 10
C. Permit or Finding of No Significant Impact Required Prior to Development Approval by the County. 10
D. Term of Permit. 10
E. Renewal. 10
F. Permit Not A Site
Specific Development Plan. 10
DIVISION 2. DESIGNATION OF AREAS AND ACTIVITIES OF STATE INTEREST…….. .10
14-201. APPLICABILITY OF DESIGNATION PROCESS. 10
14-202. INITIATION OF DESIGNATION
REQUEST. 11
14-203. DESIGNATION PROCESS. 11
A. Public Hearing by BOCC. 11
B. Matters to be Considered at Designation Hearing. 11
C. Adoption of Designation and Regulations. 11
D. Record
of Designation Proceedings. 11
E. Recordation with County Clerk. 12
F. Effect of Designation – Moratorium Until Final Determination. 12
DIVISION 3. REVIEW PROCESS FOR PERMIT TO ENGAGE
IN AN ACTIVITY OF STATE INTEREST OR DEVELOPMENT IN AN AREA OF STATE INTEREST. 12
14-301. COMMON REVIEW PROCEDURES. 12
A. Consultants. 12
B. Pre-Application Conference. 12
C. Determination
of Level of Permit Review. 13
D. Reconsideration of Planning Director’s Determination of Level of Permit Review. 13
E. Change in Level of Permit Review. 14
F. Notice of Public Hearing. 14
G. Determin
ation of Completeness. 14
H. Evaluation by Director/Staff Review. 15
14-302. MINOR PERMIT REVIEW PROCESS. 15
A. Outline of Process. 15
B. Review Process. 15
14-303. MAJOR PERMIT REVIEW
PROCESS. 16
A. Outline of Process. 16
B. Review Process. 16
14-304. PERMIT AMENDMENTS AND TECHNICAL REVISIONS. 17
A. Technical Revisions. 17
B. Process for Permit Amendments. 18
C. Reconsideration
of Director’s Determination of Whether Change is a Permit Amendment or a Technical Revision. 18
DIVISION 4. PERMIT APPLICATION SUBMITTAL REQUIREMENTS. 18
14-401. DESCRIPTION OF SUBMITTAL
REQUIREMENTS. 18
A. Application Fees. 18
B. Application Form. 19
C. Information Describing the Project. 19
D. Property Rights, Permits and Other Approvals. 20
E. Description of Technical
and Financial Feasibility of the Project. 20
F. Socioeconomic Impacts. 20
G. Environmental Impacts. 21
H. Hazardous Materials Description. 24
I. Monitoring and Mitigation Plan. 24
J. Additional
Information May Be Necessary. 24
14-402. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO DEVELOPMENT IN AREAS AROUND RAPID OR MASS TRANSIT FACILITIES. 24
A. Traffic Relationships. 24
B. Traffic
Generation. 24
C. Traffic Impacts. 24
D. Traffic Access. 25
14-403. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO ARTERIAL HIGHWAYS, INTERCHANGES AND COLLECTOR HIGHWAYS. 25
A. Traffic
Patterns. 25
B. Surrounding Land Uses. 25
C. Traffic Demands. 25
D. Compliance. 25
14-404. ADDITIONAL SUBMITTAL REQUIREMENTS FOR FIXED GUIDEWAYS. 25
A. Type of Motive Power. 25
B. Minimum
and Optimum Width of ROW. 25
C. Minimum and Maximum Passenger Capacity. 25
D. Maximum Length of Any Trail. 25
E. Maximum Proposed Grade. 25
F. Building or Structure Removal. 25
G. Methods
Planned to Prevent Collision. 26
14-405. ADDITIONAL SUBMITTAL REQUIREMENTS FOR STATIONS AND TERMINALS. 26
A. Type of Mechanical Transit Conveyance. 26
B. Analysis of Passengers. 26
C. Anticipated
Schedule. 26
D. Maximum Length of Any Train. 26
E. Basic Floor Plan and Architectural Sketches. 26
F. Map of All Associated Roadways, Parking Areas and Other Facilities. 26
14-406.
ADDITIONAL SUBMITTAL REQUIREMENTS FOR TPUD IN AREAS AROUND MASS TRANSIT STATIONS OR TERMINALS. 26
A. General Nature of Development. 27
B. Location of Proposed Development. 27
C. Traffic
Generation. 27
D. Access to Development. 27
E. Provision of Commercial Services. 27
F. Proposed Residential Uses. 27
G. Proposed Commercial Uses. 27
H. Pedestrian and Bicycle Routes. 27
14-407.
ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO SITE SELECTION FOR AIRPORT OR HELIPORT LOCATION OR EXPANSION. 28
A. Airport Layout Plan. 28
B. Heliport or Helistop Layout Plan. 28
C. Description
of Effect. 28
14-408. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO LAND USE IN AREAS AROUND AN AIRPORT OR HELIPORT. 28
A. Location Map. 28
B. Elevation Profiles and Site Plan. 28
C. Written
Agreements for Height Exception. 28
D. Declaration of Anticipated Noise Levels. 28
E. Avigation Easement. 29
14-409. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO MUNICIPAL AND INDUSTRIAL
WATER PROJECTS. 29
A. Efficient Water Use. 29
B. Municipal and Industrial Water Projects. 29
C. Demand. 29
DIVISION 5. PERMIT APPROVAL STANDARDS. 29
14-501. GENERAL APPROVAL STANDARDS. 29
A. Necess
ary Permits Will Be Obtained. 29
B. Expertise and Financial Capability. 29
C. Technical and Financial Feasibility. 29
D. Risk From Natural Hazards. 29
E. Consistent Plans. 29
F. Effect
on Local Government Services. 29
G. Housing. 30
H. Financial Burden. 30
I. Effect on Economy. 30
J. Recreational Experience. 30
K. Conservation. 30
L. Natural Environment. 30
M. Nuisance. 30
N. Areas
of Paleontological, Historic or Archaeological Importance. 30
O. Release of Hazardous Materials. 30
P. Benefits Versus Loss of Resources. 30
Q. Best Alternative. 30
R. Project Need. 31
The
proposed project is needed within the County and/or area to be served. 31
14-502. ADDITIONAL STANDARDS APPLICABLE TO RAPID OR MASS TRANSIT FACILITIES……….. 31
A. Areas Around Rapid or
Mass Transit. 31
B. Site Selection. 31
14-503. ADDITIONAL STANDARDS APPLICABLE TO AREAS AROUND ARTERIAL HIGHWAYS, INTERCHANGES, AND COLLECTOR HIGHWAYS. 32
A. Areas Around Arterial Highways,
Interchanges, and Collectors. 32
B. Site Selection. 32
14-504. APPROVAL STANDARDS FOR SITE SELECTION OF AIRPORT OR HELIPORT LOCATION OR EXPANSION. 33
A. Airport Layout. 33
B. Heliport
Layout. 33
C. Fabrication, Service, and Repair Operations. 33
D. Storage of Materials. 33
E. Ability to Obtain Necessary Permits. 33
F. Conflict with Existing Easements. 33
G. Relationship
to Economic and Transportation Needs. 33
H. Nuisance. 33
14-505. APPROVAL STANDARDS APPLICABLE TO AREAS AROUND AIRPORTS AND HELIPORTS………. 33
A. Protection of Public Health, Safety and
Welfare. 33
B. Prohibited Uses and Activities. 34
C. Permitted Uses and Activities. 34
D. Noise. 35
E. Avigation and Hazard Easement. 35
F. Declaration of Anticipated Noise Levels. 35
G. Communicatio
ns Facilities and Electrical Interference. 35
H. Outdoor Lighting. 35
I. Use of Reflective Materials Prohibited. 36
J. Industrial Emissions That Obscure Visibility Prohibited. 36
K. Height
Restrictions. 36
L. Penetration of Development into Imaginary Surface Area. 36
M. Wetland Construction, Enhancement, Restoration, or Mitigation. 36
N. Separation of Noise-Sensitive Land
Use. 37
DIVISION 6. FINANCIAL GUARANTEE. 38
14-601. FINANCIAL GUARANTEE REQUIRED. 38
A. Completion. 38
B. Performance. 38
C. Increases Borne By Permittee. 39
D. Shortfall to County
Revenues. 39
14-602. AMOUNT OF FINANCIAL GUARANTEE. 39
A. Estimated Cost of Completion. 39
B. Estimated Cost of Performing All Mitigation. 39
14-603. ESTIMATE. 39
14-604. FORM OF
FINANCIAL GUARANTEE 39
A. Form Acceptable. 39
B. Cash Deposited. 39
14-706. RELEASE OF GUARANTEE. 39
A. Surrender of Permit. 39
B. Project Abandonment. 39
C. Satisfactory Completion. 40
D. Completion
of Phase. 40
E. Satisfied Conditions. 40
14-606. CANCELLATION OF THE FINANCIAL GUARANTEE. 40
14-607. FORFEITURE OF FINANCIAL GUARANTEE 40
A. Written Notice. 40
B. Public Hearing. 40
C. Disbursement
. 40
D. Inadequate Revenue. 40
14-608. SUBSTITUTE OF FINANCIAL GUARANTEE. 40
DIVISION 7. PERMIT ADMINISTRATION AND ENFORCEMENT. 41
14-701. ENFORCEMENT AND PENALTIES. 41
A. Enjoinment. 41
B. Materi
al Changes in the Construction or Operation. 41
14-702. PERMIT SUSPENSION OR REVOCATION. 41
A. Temporary Suspension. 41
B. Revocation. 41
14-703. TRANSFER OF PERMITS. 41
14-704. INSPECTION. 41
14-
705. JUDICIAL REVIEW. 41
APPENDIX A…. 43
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ARTICLE 14: AREAS AND ACTIVITIES OF STATE INTEREST
DIVISION 1. GENERAL.
14-101. PURPOSE AND INTENT.
The purpose of this Article is to facilitate the identification, Designation,
and administration of matters of state interest consistent with the statutory requirements and the criteria set forth in C.R.S. § 24-65.1-101, et seq.
14-102. AUTHORITY AND SEVERABILITY.
Authority.
This Code is authorized by, inter alia, C.R.S. §§ 24 65.1 101, et seq.; 30-28-101, et seq.; 30-28-201, et seq.; 29-20-101, et seq.; and 24 32 111.
Severability.
If any
section, subsection, sentence, clause, or phrase of this Code is, for any reason, held to be invalid or unconstitutional by a court of law, such decision shall not affect the validity
of this Code as a whole or any part other than the part declared invalid.
14-103. APPLICABILITY.
This Code shall apply to the Designation and regulation of any area or activity
of State interest wholly or partially in the unincorporated areas of Garfield County, whether on public or private land, that has been or may hereafter be designated by the BOCC. Designations
in effect as of the date of this Code are as follows:
Areas of State Interest.
The outer extremities of the Imaginary Surfaces for the particular Airport or Heliport.
If the Noise Impact
Boundary extends beyond the outer extremities of the Imaginary Surfaces, the Imaginary Surfaces shall be extended to incorporate the Noise Impact Boundary for purposes of this Code.
All
lands, water, airspace, or portions thereof which are located within these boundaries or surfaces.
For Airport or Heliport location or expansion.
Activities of State Interest.
Efficient
utilization of municipal and industrial water Projects.
Site Selection and development of Solid Waste Disposal Sites except those sites specified in C.R.S. § 25-11-203(1), sites designated
pursuant to Part 3 of Article 11 of Title 25, C.R.S., and hazardous waste disposal sites, as defined in C.R.S. § 25-15-200.3.
Site Selection and construction of major new domestic water
and sewage treatment systems and major extension of existing domestic water and sewage treatment systems.
Site Selection and construction for Arterial Highways, Interchanges, and Collector
Highways.
Site Selection and construction for rapid or Mass Transit Terminals, Stations, or guideways.
Areas around rapid or Mass Transit Terminals, Stations, or guideways.
14-104. EXEMPTIONS.
Statutory Exemptions.
This Code shall not apply to any development in an area of State interest
or any activity of State interest if any one of the following is true:
As of May 17, 1974:
The specific development or activity was covered by a current Building Permit issued by the
County; or
The specific development or activity was directly approved by the electorate of the State or the County, provided that approval by the electorate of any bond issue by itself
shall not be construed as approval of the specific development or activity; or
The specific development or activity is on land which has been finally approved, with or without conditions,
for Planned Unit Development or land use similar to a Planned Unit Development; or
The specific development or activity is on land which was either zoned or rezoned in response to an
application which specifically contemplated said specific development or activity.
14-105. INTERPRETATION WITH STATUTES, OTHER ENACTMENTS, AND COMPREHENSIVE PLAN.
Enactments and Intergovernmental
Agreements.
Whenever the provisions of this Code are found to be inconsistent with any other resolution, ordinance, code, regulation, or intergovernmental agreement, the enactment imposing
the more restrictive standards or requirements shall control.
Statutory Criteria More Stringent.
If this Code is found to be less stringent than the statutory criteria for administration
of matters of State interest set forth in C.R.S. §§ 24 65.1 202 and 24-65.1-204, the statutory criteria shall control.
Statutory Criteria Less Stringent.
If this Code is found to be
more stringent than the statutory criteria for administration of matters of State interest set forth in C.R.S. §§ 24 65.1 202 and 24 65.1-204, this Code shall control pursuant to the
authority of C.R.S. § 24 65.1 402(3).
Compliance with Other Applicable County, State and Federal Requirements.
Nothing in this Code exempts an Applicant from compliance with any other
applicable County requirements or other State, Federal, or local requirements.
Compliance with These Regulations.
No Federal, State, or local approval to carry out a development or
activity shall preempt or otherwise obviate the need to comply with this Code.
No Intent to Conflict.
This Code shall not be applied to create an operational conflict with any State
or Federal law or Regulations.
Coordinated Review and Permitting. Any Applicant for a Permit under this Code that is also subject to the Regulations of other State or Federal agencies
may request that the County application and review process be
coordinated with that of the other agency. The County will attempt to eliminate redundant application submittal requirements and will coordinate its review of the application with that
of other agencies as appropriate.
Coordinated Permit Conditions. The County, to the extent practicable, will attempt to coordinate the terms and conditions of approval, with that of
other agencies as appropriate.
14-106. PERMIT REQUIRED.
Permit Authority.
The BOCC shall serve as the Permit Authority. The Permit Authority shall exercise all powers and duties
granted it by this Code.
Permit Required Prior to Engaging in Designated Activity or Development in Designated Area.
No person may engage in a designated activity of State interest,
or engage in development in an area of State interest without first obtaining either a Permit or a Finding of No Significant Impact under this Code for areas and activities of State
interest.
Permit or Finding of No Significant Impact Required Prior to Development Approval by the County.
No development approval shall be issued by the County for a designated
activity of State interest or for development in a designated area of State interest without the Applicant having first obtained a Finding of No Significant Impact or a Permit under
this Code for areas and activities of State interest.
Term of Permit.
Approval of a Permit shall lapse after 12 months, unless:
Activities described in the Permit have substantially
commenced; or
The BOCC specifies a different time period in which Building Permits must be obtained or activities must commence in its action, in the BOCC’s resolution granting or denying
the Permit.
Renewal.
Permits issued under this Code may be renewed following the same procedure for approval of new Permits set forth in Division 4 of this Article. The BOCC may
impose additional conditions at the time of renewal if necessary to ensure that the project will comply with this Code.
Permit Not A Site Specific Development Plan.
Permits issued
under this Code shall not be considered to be a Site Specific Development Plan and no statutory vested rights shall inure to such Permit.
DIVISION 2. DESIGNATION OF AREAS AND ACTIVITIES
OF STATE INTEREST.
14-201. APPLICABILITY OF DESIGNATION PROCESS.
The Designation process set forth in this Article shall apply to the Designation of any matter of State interest
after the effective date of this Code. The Designation process shall not apply to those matters of State interest designated by the BOCC prior to the effective date of this Code, which
Designations shall remain in effect. The Designations in effect as of the date of this Code are identified in section 14-103, Applicability.
14-202. INITIATION OF DESIGNATION REQUEST.
Designations and amendments or revocations of Designations of areas or activities of State interest may be initiated by the BOCC.
14-203.
DESIGNATION PROCESS.
Public Hearing by BOCC.
A request for Designation of an area or activity of State interest shall be considered by the BOCC at a Public Hearing.
Public Notice.
The Director shall publish a notice of the Public Hearing at least 30 days and not more than 60 days before the hearing, in a newspaper of general circulation in the County. Written
notice of the Public Hearing shall be sent to the Colorado Land Use Commission at least 30 days and not more than 60 days before the hearing. The notice shall include the time and place
of the hearing, a general description of the Designation requested, and the place at which relevant materials may be examined.
Matters to be Considered at Designation Hearing.
At the
Designation hearing, the BOCC shall consider such evidence as may appear appropriate, including the following considerations:
The intensity of current and foreseeable development pressures;
The reasons why the particular area or activity is of State interest, the dangers that would result from uncontrolled development of any such area or uncontrolled conduct of such activity,
and the advantages of development of such area or conduct of such activity in a coordinated manner;
Boundaries of the proposed area of State interest; and
Conformity with the Comprehensive
Plan.
Adoption of Designation and Regulations.
Within 30 days after completion of the Public Hearing, the BOCC shall take action by resolution to adopt, adopt with modifications, or
reject the proposed Designation and Regulations for an area or activity of State interest.
If the Designation and/or proposed Regulations are rejected, the BOCC may at its discretion
regulate the matter under any other available land use control authority or it may reject regulation of the matter entirely.
The BOCC action shall be taken by resolution.
Upon adopting
a matter of State interest, it shall be the BOCC’s duty to designate the matter and adopt Regulations for its administration.
Record of Designation Proceedings.
The record of decision
shall include the following materials:
Notice of Public Hearing and certificate of publication of the notice;
The minutes of the Designation hearing;
Written findings concerning each
of the considerations set forth in section 14-203.B., Matters to be Considered at Designation Hearings; and
The recorded resolution adopting the Designation and guidelines.
Recordation with County Clerk.
A Designation and Regulations adopted by the BOCC shall be certified by the BOCC to the County Clerk and Recorder for filing in the same manner as any
document affecting real property.
Effect of Designation – Moratorium Until Final Determination.
After a matter of State interest is designated pursuant to this section 14-203, no person
shall engage in development in the designated area or conduct of a designated activity until the Designation and Regulations for such area or activity of State interest are finally determined
pursuant to C.R.S. § 24-65.1-404(4).
DIVISION 3. REVIEW PROCESS FOR PERMIT TO ENGAGE IN AN ACTIVITY OF STATE INTEREST OR DEVELOPMENT IN AN AREA OF STATE INTEREST.
14-301. COMMON REVIEW
PROCEDURES.
Consultants.
The following provisions for consultant review apply to all applications proposing to engage in an activity of State interest or development in an area of
State interest.
Consultant Review. The Director may authorize all or a portion of the review of an application for a Permit to be performed by an outside consultant.
Applicant Responsible
for Consultant Review Fees. The costs of consultant and referral agency review are the responsibility of the Applicant. The costs of consultant and referral agency review shall be
paid pursuant section 4-101.C., Review by Referral Agency, and section 4-101.D., Evaluation by Director/Staff Review.
Pre-Application Conference.
An application for Permit to engage
in an activity or development subject to this Code shall begin with a pre-application conference between the Applicant and the Director or staff.
Procedure. The Applicant shall make
a request for a pre-application conference through the Community Development Department. At the conference, the Director shall explain the regulatory process and requirements and begin
to evaluate the level of Permit Review that will be required.
Scheduling of Pre-Application Conference. The Director shall schedule a pre-application conference to be held within 20
days of receipt of a request for a pre-application conference.
Materials. At or before the pre-application meeting, the Applicant shall submit a brief explanation of the proposed project,
including the following materials:
The Applicant’s name, address, and phone number.
Map prepared at an easily readable scale showing:
Boundary of the proposed activity;
Relationship
of the proposed activity to surrounding topographic and cultural features such as roads, streams, and existing structures; and
Proposed building, improvements, and infrastructure.
Written summary of the project that is sufficient for determining the level of Permit Review that will be required for the application.
Participants. In addition to the Community Development
Department staff, participants in the pre-application conference shall include appropriate staff to address potential issues raised by the proposed project.
Determination of Level of
Permit Review.
There are 4 possible levels of Permit Review for a proposed project. The Director shall make the initial determination of the appropriate level of Permit Review within
a reasonable time following the pre-application meeting and submittals. The Director shall notify the BOCC of the level of review within 5 days of the determination.
The determination
of level of Permit Review shall be made by the Director within a reasonable time following the pre-application meeting.
Within 5 days of the determination of level of Permit Review,
the Director shall notify the Applicant and the BOCC, in writing, of the determination.
Finding of No Significant Impact. Based upon review of the pre-application submittals and the
information obtained at the pre-application meeting, the Director may determine that no significant impacts are likely to occur from the proposed project and that, therefore, a Permit
under this Code will not be necessary.
The Director may make a Finding of No Significant Impact if the construction or operation of the activity, without Mitigation, in its proposed
location is unlikely to have any significant adverse impact to the County. The Director’s decision shall take into consideration the approval standards set forth in Division 5 of this
Article.
Major and Minor Permit Review. If the Director determines that a Finding of No Significant Impact is not appropriate based upon review of the pre-application submittals and
the information obtained at the pre-application meeting, then the Director shall determine whether the Proposed Project should be subject to the Major Permit Review or Minor Permit Review
provisions of this Code.
Major Permit Review. The Director shall determine that Major Permit Review is required if:
The proposed project is likely to have a significant adverse impact
in 2 or more categories of standards as described Division 5, Permit Approval Standards; or
The Proposed Project is likely to have severe adverse impact in any 1 category of standards
as described in Division 5 of this Article, Permit Approval Standards.
Minor Permit Review. The Director shall determine that Minor Permit Review is required unless the proposed project
is determined to warrant Major Permit Review.
Reconsideration of Planning Director’s Determination of Level of Permit Review.
Call-up by the Board. The BOCC may, at its discretion,
review and amend the Director’s determination at the next regularly-scheduled
meeting of the BOCC for which proper notice can be accomplished, following the date of written notice of the determination of level of Permit Review.
Request for Reconsideration.
Any Affected Party, within 7 days of the date of written notice of the Director’s determination, may request that the BOCC reconsider the determination at its next regularly-scheduled
meeting for which proper notice can be accomplished. The BOCC may review or amend the Director’s determination at its discretion.
Change in Level of Permit Review.
At any time prior
to the final decision by the BOCC on the application for a Permit under this Code, the County may decide that information received since the pre-application conference indicates that
the nature and scope of the impacts of the proposed project are such that a different level of Permit Review is required.
If a different level of Permit Review is required, the Director
shall notify the following.
The Applicant immediately; and
The BOCC, the County Manager, and the County Attorney.
Notice of Public Hearing.
Notice by Publication. At least 30 calendar
days but no more than 60 calendar days prior to the date of a scheduled Public Hearing, the Applicant shall have published a notice of Public Hearing in a newspaper of general circulation
in the area that the proposed project is located. The notice shall follow a form prescribed by the County.
Notice to Adjacent Property Owners. At least 30 calendar days but no more
than 60 calendar days prior to the date of a scheduled Public Hearing, the Applicant shall send by certified mail, return receipt requested, a written notice of the Public Hearing to
the owners of record of all adjacent property within a 200-foot radius. The notice shall include a Vicinity Map, the property’s legal description, a short narrative describing the proposed
project, and an announcement of the date, time, and location of the scheduled hearing(s).
Proof of Notice. At the Public Hearing, the Applicant shall provide proof of publication,
payment for publication and notification of Adjacent Property Owners.
Determination of Completeness.
Within 30 working days of receipt of the application materials, the Director shall
determine whether the application is complete based on compliance with the submittal requirements set forth in section 14-401, Description of Submittal Requirements.
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 calendar days, the application shall be considered withdrawn and returned to the Applicant.
Application is Complete. If the application is complete, the Director shall certify it as complete and stamp it with the date of determination of completeness.
Extension of Time
for Determination of Completeness. The Director may authorize an extension of time to complete review for determination of completeness, up to an additional 30 working days. The extension
of
time for determination of completeness shall be based upon the following considerations.
Scope of Application. The scope of application is sufficient to require additional time for
the Director to review the application for a determination of completeness.
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.
Evaluation by Director/Staff Review.
The Director shall review the application
to determine if the proposed project satisfies the applicable standards set forth in Division 5 of this Article, Permit Approval Standards. The Director shall prepare a staff report
discussing whether the standards have been satisfied, issues raised through staff and referral review, Mitigation requirements and recommended conditions for approval to ensure that
approval standards are satisfied, and additional information pertinent to review of the application.
Review by Referral Agencies. The Director’s evaluation of the application may include
comment by referral agencies received under section 4-101.C., Review by Referral Agency.
Notice to Airport Sponsor. Notice shall be provided to the Airport Sponsor if an application
for development involves land located within the area of State interest, or within 10,000 feet of the sides or ends of a Runway, or within 4,000 feet of a Heliport.
14-302. MINOR PERMIT
REVIEW PROCESS.
Outline of Process.
The Minor Permit Review shall consist of the following procedures:
Pre-application conference;
Application;
Determination of completeness;
Evaluation
by the Director/Staff review; and
Public hearing and decision by the BOCC.
Review Process.
Pre-application conference. A pre-application conference shall be held in accordance with
the provisions of section 14-301.B., Pre-Application Conference.
Application. The application materials required for an application for Permit to engage in an activity of State interest
or development in an area of State interest are set forth in section 14-401, Description of Submittal Requirements.
Determination of Completeness. The Director shall review the application
for determination of completeness in accordance with the provisions of section 14-301.G., Determination of Completeness.
Schedule Public Hearing. Upon a determination of completeness,
the Director shall schedule the application for Public Hearing by the BOCC. A public notice of the hearing shall be made pursuant to section 14-301.F., Notice of Public Hearing.
Evaluation by Director/Staff Review. Upon determination of completeness, the Director shall review the application and prepare a staff report pursuant to section 14-301.H., Evaluation
by Director/Staff Review.
Review and Action by the BOCC. Upon prior public notice, the BOCC shall consider the application at a Public Hearing.
Decision by Board. The BOCC shall approve,
approve with conditions, or deny the application based upon compliance with the applicable standards in Division 5 of this Article, Permit Approval Standards.
Approval of Application.
If the application satisfies all of the applicable standards, the application shall be approved. The application may be approved with conditions determined necessary for compliance
with applicable standards.
Denial of Application. If the application fails to satisfy any 1 of the applicable standards, the application shall be denied.
14-303. MAJOR PERMIT REVIEW
PROCESS.
Outline of Process.
The Major Permit Review shall consist of the following procedures:
Pre-application conference;
Application;
Determination of completeness;
Evaluation
by the Director/Staff review;
Public Hearing and recommendation by the Planning Commission; and
Public Hearing and decision by the BOCC
Review Process.
Pre-application conference.
A pre-application conference shall be held in accordance with the provisions of section 14-301.B., Pre-Application Conference.
Application. The application materials required for an
application for Permit to engage in an activity of State interest or development in an area of State interest are set forth in section 14-401, Description of Submittal Requirements.
Determination
of Completeness. The Director shall review the application for determination of completeness in accordance with the provisions of section 14-301.G., Determination of Completeness.
Schedule
Public Hearing. Upon a determination of completeness, the Director shall schedule the application for Public Hearing by the Planning Commission. Public notice of the hearing shall
be made pursuant to section 14-301.F., Notice of Public Hearing.
Evaluation by Director/Staff Review. Upon determination of completeness, the Director shall review the application
and prepare a staff report pursuant to section 14-301.H..
Review and Recommendation by the Planning Commission. After property notice, the Planning Commission shall consider the application
at a Public Hearing.
Recommendation by Planning Commission. The Planning Commission shall recommend approval, approval with conditions, or denial of the application based upon compliance with the applicable
standards set forth in Division 5 of this Article, Permit Approval Standards.
Recommendation of Approval. If the application satisfies all of the applicable standards, the Planning
Commission shall recommend that the application be approved. The Planning Commission may recommend approval with conditions determined necessary for compliance with the applicable standards.
Recomme
ndation of Denial. If the application fails to satisfy all of the applicable standards the Planning Commission shall recommend that the application be denied.
Schedule Public Hearing.
The Director shall schedule the application for Public Hearing by the BOCC.
Public notice of the hearing shall be made pursuant to section 14-301.F., Notice of Public Hearing.
Public
Hearing by the BOCC shall be held within 45 calendar days of the date of the Planning Commission recommendation.
Review and Action by the BOCC. The BOCC shall consider the application
at a Public Hearing, upon proper public notice.
Decision by Board. The BOCC shall approve, approve with conditions, or deny the application based upon compliance with the applicable
standards in Division 5 of this Article, Permit Approval Standards.
Approval of Application. If the application satisfies all of the applicable standards, the application shall be
approved. The application may be approved with conditions determined necessary for compliance with applicable standards.
Denial of Application. If the application fails to satisfy
any one of the applicable standards, the application shall be denied.
14-304. PERMIT AMENDMENTS AND TECHNICAL REVISIONS.
Any change in the construction or operation of the Project
from that approved by the BOCC shall require either a “technical revision” or a “Permit amendment.”
Technical Revisions.
A proposed change will be considered a technical revision
if the Director determines that there will be no increase in the size of the area affected by the project or the intensity of impacts of the project.
To obtain a technical revision,
the Applicant shall submit the following information and materials to the Director:
A copy of the current Permit;
As-built drawings of the project;
Drawings and plans of proposed changes
to the project; and
Additional Mitigation plans.
If staff does not foresee changes in the intensity of the impacts caused by the proposed activity, the Director shall approve the technical revision to the Permit. The Director shall
make a determination within 30 days of receipt of request for a technical revision.
The Director may determine that even though the proposed changes will increase the size of the area
affected or the intensity of the impacts, the impact is insignificant so as to warrant a “technical revision” as described in section 14-304.A., above.
Process for Permit Amendments.
Changes other than technical revisions are considered Permit amendments.
New Permit Application. A Permit amendment will be reviewed and approved as if it were a new Permit application.
Written Notice of Director’s Determination. Within 5 days of the Director’s determination, the Director shall notify the Applicant and the BOCC, in writing, of the determination.
Reconsideration of Director’s Determination of Whether Change is a Permit Amendment or a Technical Revision.
Call-up by the BOCC. The BOCC may, at its discretion, review and amend
the Director’s determination of whether the change is a Permit amendment or a technical revision at the next regularly-scheduled meeting for which proper notice can be accomplished,
following the date of written notice of the determination.
Request for Reconsideration. Any Affected Party may, within 7 calendar days of the date of written notice of determination,
request that the BOCC reconsider the Director’s determination at its next regularly-scheduled meeting for which proper notice can be accomplished. The BOCC may review and/or amend the
Director’s determination at its discretion.
DIVISION 4. PERMIT APPLICATION SUBMITTAL REQUIREMENTS.
The following submittal requirements shall apply to any application for Permit to
conduct an activity of State interest or engage in development of an area of State interest under this Code. The Director may waive 1 or more of the submittal requirements when the
submittal information would not be relevant to a determination as to whether the proposed project complies with the approval criteria. The professional qualifications for preparation
and certification of certain documents required by this Code for areas and activities of State Interest are set forth in section 4-203, Description of Submittal Requirements.
14-401.
DESCRIPTION OF SUBMITTAL REQUIREMENTS.
Application Fees.
If a Permit is required under this Code, the application shall be accompanied by a base Permit fee in the amount of $5,000
and a written acknowledgement that the Applicant will be responsible for advancing funds or reimbursing the County for the actual costs of reviewing and processing the application, including
costs of copying, mailings, publications, labor, overhead, and retention of consultants, experts, and attorneys that the County deems necessary to advise it on the application package.
The
Permit Authority may in its sole discretion waive all or a portion of the fees if the Applicant demonstrates a special need or such waiver of fees is found to be in the best interests
of the citizens of Garfield County.
The County will take no action on the application package until all fees and expenses related to the application review process have been paid or waived.
Application Form.
The application
form for a Permit to engage in a designated activity of State interest or development in an area of State interest shall be obtained from the Community Development Department.
Authorized
Applicant. Completed application forms and accompanying materials shall be submitted to the Director by the owner, or any other person having a recognized fee title interest in the
land for which a Land Use Change is proposed, or by any agent acting through written authorization of the owner.
Authorized Agent. 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.
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.
Information About Applicant. The application form shall contain the following information describing the Applicant.
The name(s), address(es), email address(es),
fax number(s), organization form(s), and business(es) of the Applicant, and if different, the owner of the project;
The names, addresses, and qualifications, including those areas of
expertise and experience with projects directly related or similar to that proposed in the application package, of individuals who are or will be responsible for constructing and operating
the project;
Authorization of the application by the project owner, if different than the Applicant; and
Documentation of the Applicant’s financial and technical capability to develop
and operate the project, including a description of the Applicant’s experience developing and operating similar projects.
Information Describing the Project.
Project Narrative. A
narrative description of the project, including the location of the proposed facility by reference to its relationship to any physical features, intersections, towns, or other locations,
that are generally recognized by the citizens of Garfield County.
Identification of Alternatives. Descriptions of alternatives to the project that were considered by the Applicant and
reasons why they were rejected.
Project Need. The need for the project, including existing/proposed facilities that perform the same or related function and population projections or
growth trends that form the basis of demand projections justifying the project.
Conformance with Comprehensive Plan. Evidence that demonstrates that the proposed project is in conformance
with the Comprehensive Plan, municipal master plans, and any other applicable plans.
Maps. Detailed map(s) showing the location of the proposed facilities together with proposed or existing Transportation Corridors, zoning classification, and land use within 2,000 feet.
Plans
and Specifications. Detailed plans and specifications of the project.
Project Schedules. Schedules for designing, permitting, constructing, and operating the Project, including the
estimated life of the project.
Conservation Techniques. Description of all conservation techniques to be used in the construction and operation of the project.
Property Rights, Permits
and Other Approvals.
A list and copies of all other Federal, State, and local Permits and approvals that have been or will be required for the project, together with any proposal for
coordinating these approvals with the County permitting process.
Copies of all official Federal and State consultation correspondence prepared for the project; a description of all
Mitigation required by Federal, State, and local authorities; and copies of any draft or final environmental assessments or impact statement required for the project.
Description of
the water to be used by the project and alternatives, including the source, amount, the quality of such water, the Applicant’s right to use the water, including adjudicated decrees,
applications for decrees, proposed points of diversion, and the existing uses of water. If an Augmentation Plan has been filed in court, the Applicant must submit a copy of that plan.
Description
of Technical and Financial Feasibility of the Project.
The estimated construction costs and period of construction for each development component.
Revenues and operating expenses for
the project.
The amount of any proposed debt and the method and estimated cost of debt service.
Details of any contract or agreement for revenues or services in connection with the project.
Descripti
on of the persons or entity(ies) who will pay for or use the project and/or services produced by the development and those who will benefit from any and all revenues generated by it.
Cost
of all Mitigation measures proposed for the project.
Socioeconomic Impacts.
A comprehensive Socioeconomic Impact Analysis that addresses the manner in which the Applicant will comply
with the relevant approval standards in Division 5 of this Article. The Impact Analysis shall be limited to the Impact Area and shall include the following information:
Land Use.
Description
of existing land uses within and adjacent to the Impact Area.
Description of impacts and Net Effect that the project would have on land use patterns.
Local Government Services.
Description
of existing capacity of and demand for local government services including, but not limited to, roads, schools,
water and wastewater treatment, water supply, emergency services, transportation, infrastructure, and other services necessary to accommodate development within Garfield County.
Description
of the impacts and Net Effect of the project to the capability of local governments that are affected by the project to provide services.
Housing.
Description of existing seasonal and
permanent housing including number, condition, and cost of dwelling units.
Description of the impact and Net Effect of the project on housing during construction and operation stages
of the project.
Financial Burden on County Residents.
Description of the existing tax burden and fee structure for government services including, but not limited to, assessed valuation,
mill levy, rates for water and wastewater treatment, and costs of water supply.
Description of Impacts and Net Effect of the project on financial burdens of residents.
Local Economy.
Description of the local economy including, but not limited to, revenues generated by the different economic sectors and the value or productivity of different lands.
Description of
impacts and Net Effect of the project on the local economy and opportunities for economic diversification.
Recreational Opportunities.
Description of present and potential recreational
uses including, but not limited to, the number of recreational visitor days for different recreational uses and the revenue generated by types of recreational uses.
Map depicting the
location of recreational uses such as fishery stream segments, access points to recreational resources, hiking and biking trails, and wilderness areas.
Description of the impacts and
Net Effect of the project on present and potential recreational opportunities and revenues to the local economy derived from those uses.
Areas of Paleontological, Historic or Archaeological
Importance.
Map and/or description of all sites of paleontological, historic, or archaeological interest.
Description of the impacts and Net Effect of the project on sites of paleontological,
historic, or archaeological interest.
Nuisance. Descriptions of noise, glare, dust, fumes, vibration, and odor levels caused by the project.
Environmental Impacts.
Description of
the existing natural Environment and an analysis of the impacts of the project to the natural Environment. These descriptions shall be limited to the Impact Area, and shall include
an analysis of existing conditions, supported with data, and a projection of the impacts of the project in comparison to existing conditions. The analysis shall include a description
of how the Applicant will comply with the applicable approval standards set forth in Division 5 of this Article.
Air Quality.
Description of the airsheds to be affected by the project, including the seasonal pattern of air circulation and microclimates.
Map and/or description of the ambient air
quality and State air quality standards of the airsheds to be affected by the project, including particulate matter and aerosols, oxides, hydrocarbons, oxidants, and other chemicals,
temperature effects, and atmospheric interactions.
Descriptions of the impacts and Net Effect that the project would have on air quality during both construction and operation, and under
both average and worst case conditions.
Visual Quality.
Map and/or description of ground cover and vegetation, forest canopies, waterfalls, and streams or other natural features.
Description
of view sheds, scenic vistas, unique landscapes, or land formations.
Map and/or description of buildings and structure design and materials to be used for the project.
Descriptions of
the impacts and Net Effect that the project would have on visual quality.
Surface Water Quality.
Map and/or description of all surface waters to be affected by the project, including:
Description
of provisions of the applicable regional water quality management plan that applies to the project and assessment of whether the project would comply with those provisions;
Existing
condition of streams and water bodies affected by the project; and
Classification of streams and water bodies affected by the project.
Description of water quality data monitoring sources.
Descriptio
ns of the immediate and long-term impact and Net Effects that the project would have on the quantity and quality of surface water under both average and worst case conditions.
Groundwater
Quality.
Map and/or description of all groundwater, including any aquifers. At a minimum, the description should include:
Seasonal water levels in each subdivision of the aquifer
affected by the project;
Artesian pressure in aquifers;
Groundwater flow directions and levels;
Existing aquifer recharge rates and methodology used to calculate recharge to the aquifer
from any recharge sources;
For aquifers to be used as part of a water storage system, methodology and results of tests used to determine the ability of aquifer to impound groundwater
and aquifer storage capacity;
Seepage losses expected at any subsurface dam and at stream-aquifer interfaces and methodology used to calculate seepage losses in the affected streams, including description and location
of measuring devices;
Existing groundwater quality and classification; and
Location of all water wells and their uses.
Description of the impacts and Net Effect of the project on groundwater.
Water
Quantity.
Map and/or description of existing stream flows and reservoir levels.
Map and/or description of existing Colorado Water Conservation BOCC held minimum stream flows.
Descriptions
of the impacts and Net Effect that the project would have on water quantity.
Statement of methods for efficient utilization of water.
Floodplains, Wetlands and Riparian Areas.
Map and/or
description of all Floodplains, Wetlands (whether or not they are jurisdictional, Wetlands as defined by the Corps of Engineers), and Riparian Areas to be affected by the project, including
a description of the types of Wetlands, species composition, biomass, and functions.
Description of the source of water interacting with the surface systems to create each Wetland (i.e.,
side-slope runoff, over-bank flooding, groundwater seepage, etc.) or Riparian Area.
Description of the impacts and Net Effect that the project would have on the Floodplains, Wetlands,
and Riparian Areas.
Terrestrial and Aquatic Animals and Habitat.
Map and/or description of terrestrial and aquatic animals including the status and relative importance of game and nongame
wildlife, livestock and other animals; a description of streamflows and lake levels needed to protect the aquatic Environment; and description of threatened or endangered animal species
and their habitat.
Map and description of critical wildlife habitat and livestock range to be affected by the project, including migration routes, calving areas, summer and winter range,
spawning beds, and grazing areas.
Description of the impacts and Net Effect that the project would have on terrestrial and aquatic animals, habitat, and food chain.
Terrestrial Plant
Life. Map and/or description of terrestrial and aquatic plant life including the type and density, and threatened or endangered plant species and habitat.
Descriptions of the impacts
and Net Effect that the project would have on terrestrial and aquatic plant life.
Soils, Geologic Conditions, and Natural Hazards.
Map and/or description of soils, geologic conditions,
and natural hazards including, but not limited to, soil types, drainage areas, slopes, Avalanche Areas, debris fans, mud flows, rock slide areas, faults and fissures, seismic history,
and wildfire hazard areas.
Descriptions of the risks to the project from natural hazards.
Descriptions of the impact and Net Effect of the project on soil and geologic conditions in the area.
Hazardous Materials
Description.
Description of all hazardous, toxic, and explosive substances to be used, stored, transported, disturbed, or produced in connection with the project, including the type
and amount of such substances, their location, and the practices and procedures to be implemented to avoid accidental release and exposure.
Location of storage areas designated for equipment,
fuel, lubricants, and chemical and waste storage with an explanation of spill containment structures.
Monitoring and Mitigation Plan.
Description of all Mitigation that is proposed to
avoid, minimize, or compensate for adverse impacts of the project and to maximize positive Impacts of the project.
Describe how and when Mitigation will be implemented and financed.
Describe
impacts that are unavoidable that cannot be mitigated.
Description of methodology used to measure impacts of the project and effectiveness of proposed Mitigation measures.
Description,
location, and intervals of proposed monitoring to ensure that Mitigation will be effective.
Additional Information May Be Necessary.
The Director may request that the Applicant supply
additional information related to the project if the Permit Authority will not be able to make a determination on any of the approval standards without the additional information.
14-402.
ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO DEVELOPMENT IN AREAS AROUND RAPID OR MASS TRANSIT FACILITIES.
In addition to the submittal requirements in section 14-401, Description
of Submittal Requirements, development in areas around Rapid or Mass Transit Facilities shall require the following additional submittals:
Traffic Relationships.
One or more maps at
sufficient scale showing the location of the proposed development and its relationship to the Rapid or Mass Transit Station or Terminal and the Interchanges, streets, Highways, parking
lots, and public facilities which are adjacent to or form an integral part of the operation of the Rapid or Mass Transit Facility.
Traffic Generation.
A narrative description of the
motor vehicle, bicycle, and pedestrian traffic likely to be generated by the proposed development including, but not limited to, traffic generation at various times of the day, potential
congestion, and potential demand for parking generated by the development.
Traffic Impacts.
A narrative description of the impacts of the proposed development to the Rapid or Mass Transit
Facility.
Traffic Access.
Maps or diagrams illustrating the pedestrian and bicycle routes that can be utilized to gain access between the proposed development and the adjacent Rapid or Mass Transit
Facility.
14-403. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO ARTERIAL HIGHWAYS, INTERCHANGES AND COLLECTOR HIGHWAYS.
In addition to the submittal requirements set forth in section
14-401, Description of Submittal Requirements, an application proposing Arterial Highways, Interchanges, or Collector Highways shall include the following information.
Traffic Patterns.
Description
of how the project will affect traffic patterns as well as nonmotorized traffic.
Surrounding Land Uses.
Description of how the new roads will likely affect surrounding land uses and
existing community patterns.
Traffic Demands.
Description of how new roads will serve community traffic demands.
Compliance.
Description of how new roads will comply with other local,
State, and Federal Regulations and master plans.
14-404. ADDITIONAL SUBMITTAL REQUIREMENTS FOR FIXED GUIDEWAYS.
In addition to the submittal requirements set forth in section 14-401,
Description of Submittal Requirements, an application proposing Fixed Guideways shall include the following information:
Type of Motive Power.
Description of the type of motive power
that will be used to propel transit vehicles along the guideway (e.g. diesel, electric, electrified third rail, catenary system).
Minimum and Optimum Width of ROW.
Description of the
minimum and the optimum width of the right-of-way necessary for the guideway, together with maps showing the proposed right-of-way including its location within incorporated municipalities.
Such maps or supporting documentation referring to the maps shall also indicate the maximum anticipated speed of transit vehicles along the various segments of the guideway.
Minimum
and Maximum Passenger Capacity.
Description of the minimum and maximum passenger capacity of the transit vehicles that will travel on the guideway and the anticipated frequency or scheduling
of guideway use.
Maximum Length of Any Trail.
Description of the maximum length of any train that will travel upon the guideway with separate figures for the length of passenger carrying
units and for propulsion units. Self propelled units shall be considered as passenger units.
Maximum Proposed Grade.
The maximum proposed grade of the guideway and the maximum curvature.
Proposed curves in excess of 10 degrees shall be indicated on the map.
Building or Structure Removal.
Description of all buildings or other structures that must be removed in order
for the proposed guideway to be built.
Methods Planned to Prevent Collision.
Description of the methods planned to prevent collisions at points where the proposed guideway crosses other Transportation Corridors.
14-405.
ADDITIONAL SUBMITTAL REQUIREMENTS FOR STATIONS AND TERMINALS.
In addition to the submittal requirements set forth in section 14-401, Description of Submittal Requirements, an application
proposing Stations or Terminals associated with a rapid or Mass Transit System shall include the following information.
Type of Mechanical Transit Conveyance.
Description of the type
or types of mechanical transit conveyance that will be utilized to carry passengers to and from the Station or Terminal, and a description of the means of access to and from the Station
or Terminal including pedestrian, bicycle, automotive, bus, carpool, gondolas, lifts, and other intermodal connections either existing or reasonably foreseen to be developed in the area.
Analysis
of Passengers.
An analysis of the passengers that will utilize the proposed facility. Such analysis shall be based on the best information available and shall include:
Whether the passengers
will be utilizing the rapid or Mass Transit System to travel to and from employment or for some other purpose;
The number of automobiles that the passengers will drive to the Station
or Terminal at or just before any scheduled departure;
The number of passengers that will likely ride only one way on any given day; and
The number of passengers that can be expected
to bring baggage, recreational equipment, tools, or other material.
Anticipated Schedule.
The anticipated schedule of departures and arrivals at the Station or Terminal and the expected
capacity of each transit unit. Separate figures shall be given for peak and off-peak hours, weekdays and weekends, and peak and off-peak seasons.
Maximum Length of Any Train.
The maximum
length of any train that will serve the Station or Terminal, excluding propulsion units.
Basic Floor Plan and Architectural Sketches.
Basic floor plans and architectural sketches of
each proposed building or structure together with a Site Map showing the relative location of each building or structure. Such plans and sketches shall show the location and length
of platforms to be used to load and unload passengers.
Map of All Associated Roadways, Parking Areas and Other Facilities.
A map of all associated roadways, parking areas, and other
facilities. Design details such as width, layout, traffic flow, pavement markings, and traffic control devices shall either be illustrated on the map or adequately described in supporting
documents.
14-406. ADDITIONAL SUBMITTAL REQUIREMENTS FOR TPUD IN AREAS AROUND MASS TRANSIT STATIONS OR TERMINALS.
In addition to the submittal requirements set forth in section 14-401,
Description of Submittal Requirements, and the submittal requirements for a PUD set forth in section 6-302, Description of Submittal Requirements, an application proposing a transit
PUD shall include the following information.
General Nature of Development.
A written narrative describing the general nature of the proposed development, including a description of the location by reference to a planned or constructed
Mass Transit Station or Terminal.
Location of Proposed Development.
One or more maps showing the location of the proposed development and its relationship to the Mass Transit Station
or Terminal and the Interchanges, streets, Highways, parking lots, and public facilities which are adjacent to or otherwise form an integral part of the operation of the Mass Transit
Station or Terminal [Rapid or Mass Transit Facility].
Traffic Generation.
A narrative description with diagrams, charts, or other descriptive elements analyzing the motor vehicle, bicycle,
and pedestrian traffic likely to be generated by the proposed development, as opposed to traffic generated by the Mass Transit Station or Terminal. Such analysis shall include, where
possible, numbers, and peak times showing the generation of traffic, potential congestion, and potential demand for parking generated by nontransit industrial, commercial, or residential
uses and whether such traffic, congestion or parking requirements impacts favorably or unfavorably on operation of the Mass Transit Station or Terminal. The description shall include
an analysis of how any commercial and residential space is designed to reinforce proximate neighborhood needs and transit utilization, as opposed to automobile dependent commercial or
residential development.
Access to Development.
Diagrams illustrating how the proposed development can be accessed during times of peak traffic at the Mass Transit Station or Terminal
without such access crossing or otherwise conflicting with the traffic going to the Mass Transit Facility. Proper design can be accomplished by turn lanes or other features of roadway
design, but cannot be accomplished by any type of traffic signals that would stop traffic going to the Mass Transit Station or Terminal and associated parking lots.
Provision of Commercial
Services.
A narrative description of any commercial services that will be provided in the proposed TPUD and an analysis of how those commercial services will benefit or be utilized by
persons using the adjacent Mass Transit Station or Terminal.
Proposed Residential Uses.
A narrative description of the types of residential uses proposed in the TPUD and a description
of the price range and market niche proposed for residential units with an emphasis on the likelihood of transit use by future residents.
Proposed Commercial Uses.
An analysis of the
likely use of the proposed commercial services by people who do not use the adjacent Mass Transit Station or Terminal, including an analysis of the number of such persons, the likely
time of day for their use, and the parking areas that will be required by them.
Pedestrian and Bicycle Routes.
Maps or diagrams illustrating the pedestrian and bicycle routes that can
be utilized to gain access between the residential units and the adjacent Mass Transit Facility.
14-407. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO SITE SELECTION FOR AIRPORT OR HELIPORT LOCATION OR EXPANSION.
In addition to the submittal requirements in section 14-401,
Description of Submittal Requirements, an application proposing to locate or expand an Airport or Heliport shall require the following submittals:
Airport Layout Plan.
Airports shall
be developed in accordance with an FAA-approved Layout Plan, or a Layout Plan approved by the BOCC, complying with FAA Advisory Circular 150/5300-13A and the current Northwest Mountain
Region Airport Layout Plan Checklist.
Heliport or Helistop Layout Plan.
Heliports and Helistops shall be developed in accordance with an FAA-approved Layout Plan, or a Layout Plan approved
by the BOCC complying with FAA Advisory Circular 150/5390-2. The plan shall be sufficient to depict the design, the layout of existing and planned facilities and features, ground contours
at 10-foot intervals, the Building Restriction Lines, the relationship of the Final Approach and Takeoff Area (FATO), the Touchdown and Lift-off Area (TLOF), the safety area and the
Approach/Departure and Transitional Surfaces (as defined in FAA Advisory Circular 150/5390-2) to the land parcel(s) on which the Heliport/Helistop is to be located and to adjoining land
parcels. Approach profiles shall depict the composite profile based on the highest terrain across the width and along the length of each approach surface (Helistop approach surface
profiles are required for the inner 1,000 feet only).
Description of Effect.
Description of effect on State and Local Economic and Transportation Needs.
14-408. ADDITIONAL SUBMITTAL
REQUIREMENTS APPLICABLE TO LAND USE IN AREAS AROUND AN AIRPORT OR HELIPORT.
In addition to the submittal requirements in section 14-401, Description of Submittal Requirements, an application
proposing to develop land use in areas around Airports and Heliports shall require the following submittals:
Location Map.
A map or drawing showing the location of the subject property
in relation to Airport Imaginary Surfaces.
Elevation Profiles and Site Plan.
Elevation profiles and a Site Plan including:
Location of existing and proposed structures in relation
to Airport/Heliport Imaginary Surfaces.
Height of all existing and proposed structures, measured in feet above mean sea level.
Written Agreements for Height Exception.
Written agreements
from the Airport/Heliport Sponsor and the FAA, if a height exception is requested.
Declaration of Anticipated Noise Levels.
A declaration of anticipated noise levels for property located
within Noise Impact Area Boundaries. For noise sensitive land use located in areas where the noise level is anticipated to be at or above 55 Ldn, the Applicant shall be required to
demonstrate that a noise abatement strategy will be incorporated into the building design that will achieve an indoor noise level equal to or less than 55 Ldn.
Avigation Easement.
An avigation easement dedicated to the Airport owner in a form acceptable to the Airport Sponsor. The avigation easement shall allow unobstructed passage for aircraft
and ensure safety and use of the Airport for the public.
14-409. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO MUNICIPAL AND INDUSTRIAL WATER PROJECTS.
Efficient Water Use.
Description
of efficient water use, recycling, and reuse technology the project intends to use.
Municipal and Industrial Water Projects.
Map and description of other municipal and industrial water
projects in the vicinity of the project, including their capacity and existing service levels, location of intake and discharge points, service fees and rates, debt structure, and service
plan boundaries and reasons for and against hooking on to those facilities.
Demand.
Description of demands that this project expects to meet and basis for projections of that demand.
DIVISION
5. PERMIT APPROVAL STANDARDS.
Approval of a Permit to engage in activities of State interest or development in areas of State interest shall be based on whether the proposed project
satisfies the following approval standards. In determining whether the proposed project satisfies applicable standards, the BOCC shall take into consideration the construction, operation
and cumulative impacts of the proposed project.
14-501. GENERAL APPROVAL STANDARDS.
The following general standards shall apply to all applications subject to review under this Code:
Necessary Permits Will Be Obtained.
Documentation that prior to site disturbance associated with the proposed project, the Applicant can and will obtain all necessary property rights,
Permits, and approvals. The BOCC may, at its discretion, defer making a final decision on the application until outstanding property rights, Permits, and approvals are obtained.
Expertise
and Financial Capability.
The Applicant has the necessary expertise and financial capability to develop and operate the proposed project consistent with all requirements and conditions
Technical
and Financial Feasibility.
The proposed project is technically and financially feasible.
Risk From Natural Hazards.
The proposed project is not subject to significant risk from natural
hazards.
Consistent Plans.
The proposed project will be in conformance with the Comprehensive Plan, municipal master plans, and any other applicable plan.
Effect on Local Government
Services.
The proposed project will not have a significant adverse effect on the capability of local government to provide services or exceed the capacity of service delivery systems.
Housing.
The proposed project will not have a significant adverse effect on housing availability or cost.
Financial Burden.
The proposed project will not create an undue financial
burden on existing or future residents of the County
Effect on Economy.
The proposed project will not Significantly Degrade any sector of the local economy.
Recreational Experience.
The proposed project will not have a significant adverse effect on the quality or quantity of recreational opportunities and experience.
Conservation.
The planning, design, and operation
of the proposed project will reflect principles of resource conservation, energy efficiency and recycling or reuse.
Natural Environment.
The proposed project will not Significantly
Degrade the natural Environment. Appendix “A” includes the considerations that will be used to determine whether there will be significant degradation of the Environment. For purposes
of this section, the term Environment shall include:
Air quality;
Visual quality;
Surface water quality;
Groundwater quality;
Wetlands and Riparian Areas;
Terrestrial and aquatic animal
life;
Terrestrial and aquatic plant life; and
Soils and geologic conditions.
Nuisance.
The proposed project will not cause a nuisance as defined within this Code.
Areas of Paleontological,
Historic or Archaeological Importance.
The proposed project will not Significantly Degrade areas of paleontological, historic, or archaeological importance.
Release of Hazardous Materials.
The proposed project will not result in unreasonable risk of releases of hazardous materials. In making this determination as to such risk, the BOCC’s consideration shall include:
Plans
for compliance with Federal and State handling, storage, disposal, and transportation requirements;
Use of waste minimization techniques; and
Adequacy of spill prevention and response
plans.
Benefits Versus Loss of Resources.
The benefits accruing to the County and its citizens from the proposed activity outweigh the losses of any resources within the County, or
the losses of opportunities to develop such resources.
Best Alternative.
The proposed project represents the alternative that best complies with this Code.
Project Need.
The proposed project is needed within the County and/or area to be served.
14-502. ADDITIONAL STANDARDS APPLICABLE TO RAPID OR MASS TRANSIT FACILITIES.
In addition
to the general standards set forth in section 14-5,1, the following additional standards shall apply to Rapid or Mass Transit Facilities:
Areas Around Rapid or Mass Transit.
Areas around
Rapid or Mass Transit Facilities shall be administered to:
Promote the efficient utilization of the Rapid or Mass Transit Facility;
Facilitate traffic circulation patterns of roadways
serving the Mass Transit Facility; and
Promote development that will include bike and pedestrian paths providing access to the Rapid or Mass Transit Facility.
Site Selection.
Site Selection
of Rapid or Mass Transit Facilities.
Activities involving Rapid or Mass Transit Facilities shall be conducted with reasonable considerations to the character of the area and its peculiar
suitability for particular uses.
Rapid or Mass Transit Facilities shall be located so as to preserve the value of buildings at the site and avoid demolition of businesses or residences
to the extent possible. Proposed locations of Rapid or Mass Transit Facilities which will not require the demolition of residences or businesses shall be given preferred consideration
over competing alternatives.
Rapid or Mass Transit Facilities shall be located in a manner that encourages the most appropriate use of land through the affected corridor.
A proposed
location of a rapid or Mass Transit Terminal, Station, or Fixed Guideway that imposes a burden or deprivation on a local government cannot be justified on the basis of local benefit
alone, nor shall a Permit for such a location be denied solely because the location places a burden or deprivation on one local government as required by C.R.S. § 24-65.1-204(4)(c).
Stations,
Shelters, and Terminals shall be appropriately located to meet transit needs and to attract maximum ridership. The length of passenger platforms shall equal or exceed the maximum length
of any train or other conveyance that will load and unload passengers at the Station.
Rapid or Mass Transit Facilities shall have adequate and safe ingress and egress for all transit
modes.
The location of Fixed Guideways shall maximize joint use of rights-of-way for trails and bikeways and other transportation alternatives.
Rapid or Mass Transit Facilities shall
be designed and located in a manner that will reduce traffic congestion and resulting air pollution.
Rapid or Mass Transit Facilities shall be located and designed so as to minimize
noise and to protect and preserve unique natural and cultural factors and visual amenities.
Guideway design and location shall not permit snow plumes from snow removal equipment on the
guideway to reach the travel surface of a
plowed public road except at intersections, nor shall guideways be placed or designed so that snow plumes from snow removal equipment on public roads will reach the guideway. In determining
the right-of-way and corridor alignment for Rapid Transit, consideration shall be given to areas needed for snow storage along the guideway.
The parking areas associated with a rapid
or Mass Transit Terminal or Station shall be capable of holding a number of automobiles that equals the number of passengers expected to ride on peak periods multiplied by a factor of
.75 unless the Applicant can demonstrate through studies that a lesser number is sufficient.
The required capacity for parking areas associated with a Terminal or Station may be modified
based upon sufficient evidence of passenger loading from other forms of intermodal transfer (such as Amtrak, tour buses, regional surface buses, carpools, etc.).
The Applicant may initially
provide a smaller number of parking spaces if the total area dedicated to potential parking expansion is shown to be large enough to accommodate the required number of parking spaces
and the Applicant provides financial security acceptable to the BOCC which guarantees that the required number can be built if actual need is shown after operation begins.
Access roads
to a rapid or Mass Transit Station or Terminal shall be designed, constructed or improved to accommodate, during a 15 minute period, the maximum number of automobiles anticipated to
arrive before the scheduled departure of the Mass Transit conveyance without causing cars to back up onto the public road serving the facility.
The Manual on Traffic Control Devices
shall apply to safety devices at intersections of a Fixed Guideway and other Transportation Corridors.
14-503. ADDITIONAL STANDARDS APPLICABLE TO AREAS AROUND ARTERIAL HIGHWAYS, INTERCHANGES,
AND COLLECTOR HIGHWAYS.
In addition to the general standards set forth in section 14-501, the following additional standards shall apply to areas around Arterial Highways, Interchanges,
and Collector Highways:
Areas Around Arterial Highways, Interchanges, and Collectors.
Areas around Arterial Highways, Interchanges, and Collector Highways shall be designed and administered
to:
Encourage the smooth flow of traffic;
Foster the development of such areas in a manner calculated to preserve the smooth flow of such traffic;
Preserve desirable existing community
patterns;
Minimize danger associated with Highway traffic; and
Encourage compatibility with nonmotorized traffic.
Site Selection.
Site Selection for Arterial Highways, Interchanges,
and Collector Highways.
Arterial Highways and Interchanges shall be located and designed so that community traffic needs are met.
Arterial Highways and Interchanges shall be located
and designed so that desirable community patterns are not disrupted.
14-504. APPROVAL STANDARDS FOR SITE SELECTION OF AIRPORT OR HELIPORT LOCATION OR EXPANSION.
Airports and Heliports shall be located or expanded in a manner that will minimize disruption
to the Environment, minimize the impact on existing community services, and complement the economic and transportation needs of the State and the area. In addition to the general standards
set forth in section 14-501, the following standards shall apply to all applications proposing the location or expansion of an Airport or Heliport.
Airport Layout.
Airports shall
be developed in accordance with an FAA-approved Layout Plan, or a Layout Plan approved by the BOCC, complying with FAA Advisory Circular 150/5300-13A and the current Northwest Mountain
Region Airport Layout Plan Checklist, with the exception that aircraft tiedown dimensions need only be sufficient to provide adequate clearances for the aircraft to be tied down.
Heliport
Layout.
Heliports and Helistops shall be developed in accordance with an FAA-approved Layout Plan, or a Layout Plan approved by the BOCC complying with FAA Advisory Circular 150/5390-2..
Fabrication, Service, and Repair Operations.
All fabrication, service, and repair operations shall be conducted in compliance with Airport Rules and Regulations.
Storage of Materials.
All
storage of materials shall be within a building or obscured by fence.
Ability to Obtain Necessary Permits.
The Applicant can and will obtain all necessary property rights, Permits,
approvals, and easements (including needed easements for drainage, disposal, utilities, and avigation within Airport area of influence) prior to site disturbance associated with the
proposed project. The BOCC may, at its discretion, defer making a final decision on the application until outstanding property rights, Permits, and approvals are obtained.
Conflict
with Existing Easements.
The location of the Airport or Heliport site or expansion will not unduly interfere with any existing easements for power or telephone lines, irrigation, mineral
claims, or roads.
Relationship to Economic and Transportation Needs.
The location of the Airport or Heliport site or expansion compliments the existing and reasonably foreseeable economic
and transportation needs of the State and of the area immediately served by the Airport, particularly Mass Transit Facilities.
Nuisance.
The location of the Airport or Heliport site
or expansion shall not cause a nuisance as defined within this Code. The immediate and future noise levels in communities within the Airport area of influence to be caused by the Airport
location or expansion and any anticipated future expansion will not violate any applicable local, State, or Federal laws or Regulations; provided that in any area with a potential noise
level of CNR 110 or more, no structure shall be allowed and existing structures shall be relocated.
14-505. APPROVAL STANDARDS APPLICABLE TO AREAS AROUND AIRPORTS AND HELIPORTS.
Protection
of Public Health, Safety and Welfare.
Areas around Airports and Heliports shall be administered to avoid danger to public safety and health or to property due to aircraft crashes.
In addition to the general
standards set forth in section 14-501, the following standards apply to land use in areas around Airports and Heliports.
Prohibited Uses and Activities.
The following uses are prohibited
in the Airport/Heliport Influence Overlay District.
Sanitary landfills; and
Water treatment plants.
No structures shall be allowed in the Runway Protection Zone (RPZ), except that accessory
structures to Airport operations may be located in the RPZ based upon approval by the FAA. For purposes of this document, tee markers, tee signs, pin cups, and pins are not considered
to be structures.
Public assembly facilities are prohibited in the RPZ.
High density uses shall be prohibited in Approach Surfaces.
Permitted Uses and Activities.
The following uses
are permitted within the Airport/Heliport Influence Area Overlay to the extent that they are permitted by the underlying zone district, and the proposed use complies with applicable
standards for the zone district, the use restrictions set forth in Table 3-303.A, Airport Overlay use Restriction and Table 3-303.B, Use Restrictions Based on Noise Levels.
Public Assembly
Facilities. Public assembly facilities may be allowed in Approach Surfaces if the potential danger to public safety is minimal.
Residential. Residential structures shall be located
outside Approach Surfaces unless no practicable alternatives exist.
Golf Courses. Golf courses may be allowed conditioned upon the use of accepted management techniques to reduce existing
Wildlife attractants and to avoid the creation of new wildlife attractants.
Farm Use. Farming practices that comply with the recommendations of FAA Advisory Circular 150/5200-3A,
Hazardous Wildlife Attractants on or Near Airports, shall be encouraged.
Utilities.
In the RPZ, utilities, power lines, and pipelines shall be located underground.
In Approach Surfaces
and Airport Direct and Secondary Impact Areas, the proposed height of utilities shall be coordinated with the Airport Sponsor and the BOCC.
Wetland Mitigation, Creation, Enhancement,
and Restoration. Wetland construction, enhancement, restoration, or Mitigation projects within the overlay district shall be subject to review under the Major Impact Review, and may
be permitted based upon compliance with the applicable standards.
Location of Wetland Mitigation banks outside Approach Surfaces and areas regulated under this overlay district is
encouraged because of the potential for increased air navigation safety hazards.
Wetland Mitigation, creation, enhancement, or restoration projects existing or approved on the effective
date of these Regulations and located within areas regulated under this overlay area are recognized as lawfully existing uses.
Water Impoundments in Approach Surfaces, Direct Impact Areas, and Secondary Impact Areas. Any use or activity that would result in the establishment or expansion of water impoundments
in Approach Surfaces, Direct Impact Areas, and Secondary Impact Areas shall comply with the following requirements:
No new or expanded water impoundments of 1/4 acre in size or larger
shall be permitted within an Approach Surface and within 5,000 feet from the end of a Runway.
No new or expanded water impoundments of 1/4 acre in size or larger shall be permitted on
land owned by the Airport/Heliport Sponsor that is necessary for Airport/Heliport operations.
Noise.
Land use proposed to be located within the Noise Impact Area Boundaries shall comply
with the Airport Master Plan and FAA Regulations.
Avigation and Hazard Easement.
An avigation and hazard easement allowing unobstructed passage for aircraft and ensuring safety
and use of the Airport for the public shall be provided and dedicated to the Airport Sponsor.
Recording. The avigation and hazard easement shall be recorded in the office of the County
Clerk and Recorder.
Applicant shall provide a copy of the recorded instrument prior to issuance of a Building Permit.
Declaration of Anticipated Noise Levels.
A declaration of anticipated
noise levels shall be provided for any proposed Land Use Change, including division of land, or Building Permit application for property located within Noise Impact Boundary.
In areas
where the noise level is anticipated to be at or above 55 Ldn, for construction of a noise sensitive land use such as hotel/motel, school, church, hospital, public library, or similar
use, the Applicant shall be required to demonstrate that a noise abatement strategy will be incorporated into the building design that will achieve an indoor noise level equal to or
less than 55 Ldn.
Communications Facilities and Electrical Interference.
No use shall cause or create electrical interference with navigational signals or radio communications between
an Airport/Heliport and aircraft.
Location of new or expanded radio, radiotelephone, and television transmission facilities and electrical transmission lines within the Airport/Heliport
Influence Area Overlay shall be coordinated with the BOCC and the FAA prior to approval.
The approval of cellular and other telephone or radio communication towers on leased property
located within Airport Imaginary Surfaces shall be conditioned upon their removal within 90 days following the expiration of the lease agreement. A bond or other security shall be required
to ensure this requirement.
Outdoor Lighting.
Lighting other than that associated with Airport/Heliport operations shall comply with the following standards.
Lighting shall not project directly onto an existing Heliport, Runway or taxiway or into existing Airport Approach Surfaces.
Lighting shall incorporate shielding to reflect light away
from Airport Approach Surfaces.
Lighting shall not imitate Airport lighting or impede the ability of pilots to distinguish between Airport/Heliport lighting and other lighting.
Use
of Reflective Materials Prohibited.
No glare-producing material including, but not limited to, unpainted metal or reflective glass, shall be used on the exterior of structures located
within an Airport Approach Surface or on nearby lands where glare could impede a pilot's vision.
Industrial Emissions That Obscure Visibility Prohibited.
No development shall, as part
of its regular operations, cause emissions of smoke, dust, or steam that could obscure visibility within Airport Approach Surfaces. The BOCC shall impose conditions determined to be
necessary to ensure that the use does not obscure visibility.
Height Restrictions.
All uses permitted by the underlying zone shall comply with the height limitations in this Section.
When height restrictions of the underlying zone district are more restrictive than those of the overlay district, the underlying zone district height limitations shall control.
Penetration
of Development into Imaginary Surface Area.
No structure or tree, plant, or other object of natural growth shall penetrate an Airport Imaginary Surface, except as follows:
Structures
up to 35 feet in height may be permitted in areas within Airport/Heliport Imaginary Surfaces, except those outside the Approach and Transitional Surfaces where the terrain is at higher
elevations than the Airport Runway/Heliport surfaces such that existing structures and permitted development penetrate or would penetrate the Airport Imaginary Surface.
Written agreement
by the Airport Sponsor and the FAA shall be provided for other height exceptions requested.
Wetland Construction, Enhancement, Restoration, or Mitigation.
Wetland construction, enhancement,
restoration, or Mitigation projects within the overlay district shall be shall comply with the following standards.
Wetland projects shall be designed and located to avoid creating
a wildlife hazard or increasing hazardous movements of birds across Runways or Approach Surfaces; and
Wetlands projects that create, expand, enhance, or restore Wetlands that are proposed
to be located within the overlay district and that would result in the creation of a new water Impoundment or expansion of an existing water Impoundment, shall demonstrate all of the
following:
Off-site Mitigation is not practicable;
The Wetland project involves existing Wetland Areas regulated under the overlay district that have not been associated with attracting
problematic wildlife to the Airport/Heliport vicinity;
The affected Wetlands provide unique ecological functions, such as critical habitat for threatened or endangered species or ground
water discharge;
The resulting Wetlands are designed, and shall be maintained in perpetuity in a manner that will not increase hazardous
movements of birds feeding, watering, or roosting in areas across Runways or Approach Surfaces; and
The proposed Wetland project shall be coordinated with the Airport Sponsor, the BOCC,
the FAA and FAA's Technical Representative, the Colorado Parks and Wildlife, the U.S. Fish and Wildlife Service, and the U.S. Army Corps of Engineers as part of the Permit application.
Restrictions
In RPZ, Approach Surface, and Impact Areas. The land use restrictions in the RPA, Approach Surface, Direct Impact Areas and Secondary Impact Area are identified in the following use
table.
Table 14-505: Use Restrictions, RPZ, Approach Surface, and Impact Areas.
P = Permitted
L = Allowed with Limitations
N = Use is Not Allowed
RPZ
Approach Surface1
Direct
Impact Area
Secondary Impact Area
Public Airport
L
L
P
P
Residential
N
L2
L
P
Commercial
N
L
L
P
Industrial
N
L
P
P
Institutional
N
L
L
P
Roads/Parking
L3
P
P
P
Parks/Open Space
L
P
P
P
Athletic Fields
N
L
L
P
Mining
N
L
L
L
1. Within 10,000 feet from the end of the primary surface of a nonprecision instrument Runway,
and within 50,000 feet from the end of the primary surface of a precision instrument Runway.
2. Residential densities within Approach and Transitional Surfaces should not exceed: (1)
within 500 feet of the outer edge of the RPZ, 1 unit per acre; (2) within 500 to 1,500 feet of the outer edge of the RPZ, 2 units per acre; (3) within 1,500 to 3,000 feet of the outer
edge of the RPZ, 4 units per acre.
3. Roads and parking areas are permitted in the RPZ only upon demonstration that there are no practicable alternatives. Lights, guardrails, and related
accessory structures are prohibited. Cost may be considered in determining whether practicable alternatives exist.
Source: Model Public Use Airport Safety And Compatibility Overlay
Zone (Visual and Instrument Approach Airports), Oregon Department of Aviation
Separation of Noise-Sensitive Land Use.
Areas around Airports and Heliports shall be administered
to encourage land use patterns that will separate uncontrollable noise sources from residential and other noise-sensitive areas. Within Airport or Heliport Noise Impact Boundaries,
the following land use restrictions shall apply, based upon noise levels:
Table 14-505- Use Restrictions of Noise-Sensitive Land Use
P = Permitted
L = May be Allowed under Certain Circumstances
N = Not Allowed
Land Use
Yearly Day-Night Average Sound
Level (Ldn)
in Decibels
<65
65-70
70-75
75-80
80-85
>85
Residential Except Mobile Homes & Transient Lodging
P
L
L
N
N
N
Mobile Home Parks
P
N
N
N
N
N
Transient
Lodging
P
L
L
L
N
N
Schools, Hospitals & Nursing Homes
P
L
L
N
N
N
Churches, Auditoriums & Concert Halls
P
L
L
N
N
N
Government Service
P
P
L
L
N
N
Transportation
P
P
L
L
L
L
Parking
P
P
L
L
L
N
Commercial Use
P
P
L
L
N
N
Wholesale & Retail – Building Materials, Hardware & Farm Equipment
P
P
L
L
L
N
Retail Trade
– General
P
P
L
L
N
N
Utilities
P
P
L
L
L
N
Communication
P
P
L
L
L
N
Manufacturing & Production
P
P
L
L
L
N
Photographic & Optical
P
P
L
L
L
N
Agricultur
e (Except Livestock) & Forestry
P
L
L
L
L
L
Livestock Faring & Breeding
P
L
L
N
N
N
Mining & Fishing
P
P
P
P
P
P
Outdoor Sports Arenas & Spectator Sports
P
L
L
N
N
N
Outdoor Music Shells, Amphitheatres
P
N
N
N
N
N
Nature Exhibits & Zoos
P
P
N
N
N
N
Amusements, Parks, Resorts & Camps
P
Y
Y
N
N
N
Golf Courses, Riding Stables
& Water Recreation
P
P
L
L
N
N
Source: AC150/5020-1.
DIVISION 6. FINANCIAL GUARANTEE.
14-601. FINANCIAL GUARANTEE REQUIRED.
Before any Permit is issued under this Code,
the BOCC shall require the Applicant to file a guarantee of financial security deemed adequate by the BOCC and payable to the County. The purpose of the financial guarantee is to assure
the following:
Completion.
That the proposed project is completed and, if applicable, that the Development Area is properly reclaimed.
Performance.
That the Applicant performs all
Mitigation requirements and Permit conditions in connection with the construction, operation, and termination of the proposed project.
Increases Borne By Permittee.
That increases in public facilities and services necessitated by the construction, operation, and termination of the proposed project are borne by the permittee.
Shortfall to County Revenues.
That shortfalls to County revenues are offset in the event that the proposed project is suspended, curtailed, or abandoned.
14-602. AMOUNT OF FINANCIAL
GUARANTEE.
In determining the amount of the financial guarantee, the County shall consider the following factors:
Estimated Cost of Completion.
The estimated cost of completing the
proposed project and, if applicable, of returning the Development Area to its original condition or to a condition acceptable to the County.
Estimated Cost of Performing All Mitigation.
The
estimated cost of performing all Mitigation requirements and Permit conditions in connection with the construction, operation, and termination of the proposed project, including:
The
estimated cost of providing all public services necessitated by the proposed activity until 2 years after the proposed activity ceases to operate; and
The estimated cost of providing
all public facilities necessitated by the proposed activity until all such costs are fully paid.
14-603. ESTIMATE.
Estimated cost shall be based on the Applicant’s submitted cost
estimate plus the BOCC’s estimate of the additional cost to the County of bringing in personnel and equipment to accomplish any unperformed purpose of the financial guarantee. The BOCC
shall consider the duration of the development or activity and compute a reasonable projection of increases due to inflation. The BOCC may require, as a condition of the Permit, that
the financial security be adjusted upon receipt of bids to perform the requirements of the Permit and this Code.
14-604. FORM OF FINANCIAL GUARANTEE
Form Acceptable.
The financial guarantee
may be in any form acceptable to the BOCC.
Cash Deposited.
At least 10% of the amount of the financial guarantee must be in cash deposited with the County’s treasurer and placed in an
earmarked escrow account mutually agreeable to the BOCC and Applicant.
14-706. RELEASE OF GUARANTEE.
The financial guarantee may be released only when:
Surrender of Permit.
The Permit
has been surrendered to the BOCC before commencement of any physical activity on the site of the permitted project; or
Project Abandonment.
The project has been abandoned and the site
has been returned to its original condition or to a condition acceptable to the County; or
Satisfactory Completion.
The project has been satisfactorily completed; or
Completion of Phase.
A phase or phases of the project have been satisfactorily completed allowing for partial
release of the financial guarantee consistent with project phasing and as determined appropriate by the BOCC; or
Satisfied Conditions.
The applicable guaranteed conditions have been
satisfied.
14-606. CANCELLATION OF THE FINANCIAL GUARANTEE.
Any financial guarantee may be canceled only upon the BOCC’s written consent, which may be granted only when such cancellation
will not detract from the purposes of the security.
14-607. FORFEITURE OF FINANCIAL GUARANTEE
Written Notice.
If the BOCC determines that a financial guarantee should be forfeited because
of any violation of the Permit, Mitigation requirements, conditions, or any applicable Regulations adopted by the BOCC, it shall provide written notice to the surety and the Applicant
that the financial guarantee will be forfeited unless the permittee makes written demand to the BOCC, within 30 days after permittee’s receipt of notice, requesting a hearing before
the BOCC. If no demand is made by the permittee within said period, then the BOCC shall order the financial guarantee forfeited.
Public Hearing.
The BOCC shall hold a hearing within
30 days after the receipt of the demand by the permittee. At the hearing, the permittee may present for the consideration of the BOCC statements, documents, and other information with
respect to the alleged violation. At the conclusion of the hearing, the BOCC shall either withdraw the notice of violation or enter an order forfeiting the financial guarantee.
Disbursement.
The
deposit described above may be used by the BOCC in the event of the default or allowed default of the Permit holder, only for the purposes of recovering on the surety or fulfilling the
Permit obligation of the Permit holder. In the event that the ultimate reviewing court determines that there has been a default by the Permit holder, that portion of any moneys expended
by the County from the escrow funds relating to such default shall be replaced in the escrow account by the BOCC immediately following such determination. The County may arrange with
a lending institution, which provides money for the Permit holder that said institution may hold in escrow any funds required for said deposit. Funds shall be disbursed out of escrow
by the institution to the County upon County’s demand for the purpose specified in this section.
Inadequate Revenue.
If the forfeiture results in inadequate revenue to cover the costs
of accomplishing the purposes of the financial guarantee, the County’s attorney shall take such steps as deemed proper to recover such costs where recovery is deemed possible.
14-608.
SUBSTITUTE OF FINANCIAL GUARANTEE.
If the license to do business in Colorado of any surety upon a security filed pursuant to this regulation is suspended or revoked by any State authority,
then the Applicant shall within 60 days after receiving notice thereof, substitute a good and sufficient surety licensed to do
business in Colorado. Upon failure of the permittee to make substitution within the time allowed, the BOCC shall suspend the Permit until proper substitution has been made.
DIVISION
7. PERMIT ADMINISTRATION AND ENFORCEMENT.
14-701. ENFORCEMENT AND PENALTIES.
Enjoinment.
Any person engaging in development in the designated area of State interest or conducting a
designated activity of State interest who does not obtain a Permit pursuant to this Code, who does not comply with Permit requirements, or who acts outside the jurisdiction of the Permit
may be enjoined by the County or the Colorado Land Use Commission from engaging in such development, and may be subject to such other criminal or civil liability as may be prescribed
by law.
Material Changes in the Construction or Operation.
If the County determines at any time that there are material changes in the construction or operation of the project from that
approved by the County, the Permit may be immediately suspended and a hearing shall be held to determine whether new conditions are necessary to ensure compliance with the approval standards
or if the Permit should be revoked.
14-702. PERMIT SUSPENSION OR REVOCATION.
Temporary Suspension.
The BOCC may temporarily suspend the Permit for a period of 30 days for any violation
of the Permit or the applicable Regulations. The Permit holder shall be given written notice of the violation and will have a minimum of 15 days to correct the violation. If the violation
is not corrected, the Permit shall be temporarily suspended for 30 days.
Revocation.
The County may revoke a Permit granted pursuant to this Code if any of the activities conducted by
the permittee violates the conditions of the Permit or this Code, or the County determines that the project as constructed or operated has impacts not disclosed in the application.
Prior to revocation, the permittee shall receive written notice and be given an opportunity for a hearing before the BOCC. The BOCC may revoke the Permit or may specify a time by which
action shall be taken to correct any violations for the Permit to be retained.
14-703. TRANSFER OF PERMITS.
A Permit may be transferred only with the written consent of the BOCC.
Consent shall be in the sole discretion of the BOCC. The BOCC shall ensure, in approving any transfer, that the proposed transferee can and will comply with all the requirements, terms,
and conditions contained in the Permit, and this Code; that such requirements, terms, and conditions remain sufficient to protect the health, welfare, and safety of the public; and that
an adequate guarantee of financial security can be made.
14-704. INSPECTION.
The BOCC may enter and inspect any property subject to this Code at reasonable hours for the purpose of
determining whether the activity is in violation of this Code.
14-705. JUDICIAL REVIEW.
Any action seeking judicial review of a final decision of the BOCC shall be initiated within
30 days after the decision is made, in the District Court in and for the County of Garfield, pursuant to Rule 106 of the Colorado Rules of Civil Procedure.
APPENDIX A
This Appendix provides examples of the types of concerns that the BOCC of County Commissioners will take into consideration in determining whether an application for a
Permit has complied with the approval standards contained in Division 5 of this Code.
A.1 The determination of technical and financial feasibility may include, but is not limited to,
the following considerations:
a. Amount of debt associated with the proposed activity;
b. Debt retirement schedule and sources of funding to retire the debt;
c. Estimated construction
costs and construction schedule;
d. Estimated annual operation, maintenance and monitoring costs; and
e. Market conditions.
A.2 The determination of risk from natural hazards may include,
but is not limited, to the following considerations:
a. Faults and fissures;
b. Unstable slopes including landslides, rock slides and Avalanche Areas;
c. Expansive or evaporative soils
and risk of subsidence;
d. Wildfire hazard areas; and
e. Floodplains.
A.3 The determination of the effects of the proposed activity on capability of local government to provide services
or exceed the capacity of service delivery systems may include, but is not limited, to the following considerations:
a. Existing and potential financial capability of local governments
to accommodate development related to the proposed activity;
b. Current and projected capacity of roads, schools, infrastructure, housing, and other services and impact of the proposed
activity upon the capacity;
c. Changes caused by the proposed activity in the cost of providing education, transportation networks, water treatment and wastewater treatment, emergency
services, or other governmental services or facilities;
d. Changes in short or long-term housing availability, location, cost, or condition;
e. Need for temporary roads to access
the construction of the proposed activity;
f. Change in demand for public transportation; and
g. Change in the amount of water available for future water supply in the County.
A.4 The
determination of the effects of the proposed activity on the financial burden of existing or future residents of the County may include, but is not limited to, the following considerations:
a. Changes in assessed valuation;
b. Tax revenues and fees to local governments that will be generated by the proposed activity;
c. Changes in tax revenues caused by agricultural lands being removed from production;
d. Changes in costs to water users to exercise their water rights;
e. Changes in costs of water
treatment or wastewater treatment;
f. Effects on wastewater discharge Permits;
g. Inability of water users to get water into their diversion structures; and
h. Changes in total property
tax burden.
A.5 The determination of the effects of the proposed activity on any sector of the local economy may include, but is not limited to, the following considerations:
a. Changes
to projected revenues generated from each economic sector;
b. Changes in the value or productivity of any lands; and
c. Changes in opportunities for economic diversification.
A.6 The
determination of effects of the proposed activity on recreational opportunities and experience may include, but is not limited to, the following considerations:
a. Changes to existing
and projected visitor days;
b. Changes to duration of kayaking and rafting seasons;
c. Changes in quality and quantity of fisheries;
d. Changes in access to recreational resources;
e. Changes
to quality and quantity of hiking trails;
f. Changes to the wilderness experience or other opportunity for solitude in the natural Environment;
g. Changes to hunting; and
h. Changes
to the quality of the skiing experience.
A.7 The determination of effects of the proposed activity on air quality may include, but is not limited to, the following considerations:
a. Changes
to seasonal ambient air quality;
b. Changes in visibility and microclimates; and
c. Applicable air quality standards.
A.8 The determination of visual effects of the proposed activity
may include, but is not limited to, the following considerations:
a. Visual changes to ground cover and vegetation, waterfalls and streams, or other natural features;
b. Interference
with view sheds and scenic vistas;
c. Changes in appearances of forest canopies;
d. Changes in landscape character types or unique land formations; and
e. Compatibility of building and
structure design and materials with surrounding land uses.
A.9 The determination of effects of the proposed activity on surface water quality may include, but is not limited to, the
following considerations:
a. Changes to existing water quality, including patterns of water circulation, temperature, conditions of the substrate, extent and persistence of suspended particulates and clarity,
odor, color or taste of water;
b. Applicable narrative and numeric water quality standards;
c. Changes in point and nonpoint source pollution loads;
d. Increase in erosion;
e. Changes
in sediment loading to Water Bodies;
f. Changes in stream channel or shoreline stability;
g. Changes in stormwater runoff flows;
h. Changes in trophic status or in eutrophication rates
in lakes and reservoirs;
i. Changes in the capacity or functioning of streams, lakes, or reservoirs;
j. Changes in flushing flows; and
k. Changes in dilution rates of mine waste, agricultural
runoff, and other unregulated sources of pollutants.
A.10 The determination of effects of the proposed activity on groundwater quality may include, but is not limited to, the following
considerations:
a. Changes in aquifer recharge rates, groundwater levels and aquifer capacity including seepage losses through aquifer boundaries and at aquifer-stream interfaces;
b. Changes
in capacity and function of wells within the Impact Area; and
c. Changes in quality of well water within the Impact Area.
A.11 The determination of effects of the proposed activity on
Wetlands and Riparian Areas may include, but is not limited, to the following considerations:
a. Changes in the structure and function of Wetlands;
b. Changes to the filtering and pollutant
uptake capacities of Wetlands and Riparian Areas;
c. Changes to aerial extent of Wetlands;
d. Changes in species’ characteristics and diversity;
e. Transition from Wetland to upland
species; and
f. Changes in function and aerial extent of Floodplains.
A.12 The determination of effects of the proposed activity on terrestrial or aquatic life may include, but is not
limited to, the following considerations:
a. Changes that result in loss of oxygen for aquatic life;
b. Changes in flushing flows;
c. Changes in species composition or density;
d. Changes
in number of threatened or endangered species;
e. Changes to habitat and critical habitat, including calving grounds, mating grounds, nesting grounds, summer or winter range, migration
routes, or any other habitat features necessary for the protection and propagation of any terrestrial animals;
f. Changes to habitat and critical habitat, including stream bed and banks,
spawning grounds, riffle and side pool areas, flushing flows, nutrient accumulation and cycling, water temperature, depth and circulation, stratification,
and any other conditions necessary for the protection and propagation of aquatic species; and
g. Changes to the aquatic and terrestrial food webs.
A.13 The determination of effects of
the proposed activity on terrestrial plant life or habitat may include, but is not limited to, the following considerations:
a. Changes to habitat of threatened or endangered plant
species;
b. Changes to the structure and function of vegetation, including species composition, diversity, biomass, and productivity;
c. Changes in advancement or succession of desirable
and less desirable species, including noxious weeds; and
d. Changes in threatened or endangered species.
A.14 The determination of effects of the proposed activity on soils and geologic
conditions may include, but is not limited to, the following considerations:
a. Changes to the topography, natural drainage patterns, soil morphology, and productivity, soil erosion
potential, and Floodplains;
b. Changes to stream sedimentation, geomorphology, and channel stability;
c. Changes to lake and reservoir bank stability and sedimentation, and safety of
existing reservoirs;
d. Changes to Avalanche Areas, mudflows and debris fans, and other unstable and potentially unstable slopes; and
e. Exacerbation of seismic concerns and subsidence.
A.15 The
determination of the risks of a release of hazardous materials from the proposed activity may include, but is not limited to, the following considerations:
a. Plans for compliance with
Federal and State handling, storage, disposal, and transportation requirements;
b. Use of waste minimization techniques; and
c. Adequacy of spill prevention and response plans.