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HomeMy WebLinkAbout2.0 Staff Report BOCC 11.04.2013Board of County Commissioners Exhibits -- TXTP 7707 LETTER EXHIBIT A Public notice documents B Garfield County Land Use and Development Code C Garfield County Comprehensive Plan 2030, as amended D Application E Land Use and Development Code Planning Commission recommended Redlines F Staff Report dated November 4, 2013 G Staff Presentation dated November 4, 2013 H Letter from Phil Vaughan Construction Management Inc, dated October 2, 2013 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945 -8212 www.garfield- county.com EXHIBIT D LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION • Administrative Review ❑ Development in 100 -Year Floodplain 0 Limited Impact Review • Development in 100 -Year Floodplain Variance • Major Impact Review = Code Text Amendment • Amendments to an Approved LUCP ❑ Rezoning ■' LIR ■ MIR ■ SUP • Zone District❑ PUD ■ PUD Amendment • Minor Temporary Housing Facility 13 Administrative Interpretation • Vacation of a County Road /Public ROW L] Appeal of Administrative Interpretation • Location and Extent Review ❑ Areas and Activities of State Interest ❑ Comprehensive Plan Amendment • Accommodation Pursuant to Fair Housing Act • Major ■ Minor 13 Pipeline Development • Variance • Time Extension (also check type of original application) INVOLVED PARTIES Owner /Applicant Name: Board of County Commissioners /Director Phone: ( 970 ) 945 -8212 Mailing Address: 108 8th Street, Suite 401 City: Glenwood Springs State: CO Zip Code: 81601 E -mail: Representative (Authorization Required) Name: Tamra Aden, Planning Manager Phone: ( Mailing Address: Same as above City: State: Zip Code: E -mail: PROJECT NAME AND LOCATION Project Name: Text Amendments to Articles 1, 3, 4, 5, 6, 7, 9, 14 and 15 Assessor's Parcel Number: Physical /Street Address: Legal Description: Zone District: Property Size (acres): PROJECT DESCRIPTION Existing Use: Proposed Use (From Use Table 3 -403): Description of Project: proposed amendments to articles 3 and 15 based on BOCC direction. Additional corrections and modification of procedures to Article 1, 3, 4, 5, 6,7, 9 14 and 15 REQUEST FOR WAIVERS Submission Requirements ❑ The Applicant requesting a Waiver of Submission Requirements per Section 4 -202. List: Section: Section: Section: Section: Waiver of Standards ❑ The Applicant is requesting a Waiver of Standards per Section 4 -118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. 08/26/2013 Signature of Property Owner Date OFFICIAL USE ONLY File Number: Fee Paid: $ PROJECT INFORMATION AND STAFF ANALYSIS TYPE OF REVIEW: FILE NUMBER: APPLICANT: DATE: Text Amendment to the Garfield County Land Use and Development Code TXTP 7707 Board of County Commissioners /Community Development Director November 4, 2013 I. PROPOSAL DESCRIPTION The Board of County Commissioners has requested to amend Articles 3 to change the level of review for Injection Wells, Piped and to amend Article 15 in regard to the definition of Oil and Gas Drilling and Production. In addition, the Director has requested to correct multiple provisions throughout the LUDC to address scrivener's errors, clarify intent, and modify procedural matters, in specific sections including Articles 1, 3, 4, 5, 6, 7, 9 and 14. 11. SUMMARY OF BOARD OF COUNTY COMMISSIONER'S RECOMMENDED CHANGES Staff has provided a brief summary of the proposed changes that have been recommended by the BOCC, as follows: Article 3: Zoning • 3 -503, Use Table Revise Injection Well, Piped to be an Administrative Review instead of a By Right Use in the Residential Suburban Zone District. Article 15: Definitions • Oil and Gas Drilling and Production. Proposed modification of the definition as follows: Any operation on a COGCC - approved well oil and gas location utilizing equipment that advances a borehole into substrata for the purpose of discovery, development, and /or production of oil or gas, including all surface facilities associated with such operations. These facilities include produced water pits or tanks, condensate tanks, storage, separation, treating, dehydration, power supply, pumping, metering, monitoring, flowline and other equipment directly associated with oil and gas wells. III. SUMMARY OF DIRECTOR'S RECOMMENDED CHANGES Staff has provided a brief summary of the proposed changes that have been recommended by the Director, as follows: Article 1: General Administration • 1 -107. A. Restoring previously adopted language about the advisory nature of the Comprehensive Plan ■ 1- 109.B. Making consistent the title of the Official Zone District Overlay Map Article 3: Zoning ■ 3 -201, Table. Clarifying when height of telecommunication facilities may be in excess of maximum height and how this code section relates to review required in Table 3 -403 • 3 -403, Table, o Clarifying in the table that most uses in Public Lands zone district are Exempt from review by the County and not subject to County Standards (supplemental to application) o Removing "exempt" from products, processing, storage, distribution and sale off-site 1'Page o Adding footnote 1 to clarify that Minor Temporary Housing Facilities are processed administratively, but have a different process from the traditional "Administrative Review." o Adding footnote 3 to clarify that Pipelines are processed administratively, but have a different review process from the traditional "Administrative Review." (Supplemental to Application) o Telecommunication Facility, Clarifying how it relates to height restrictions and when an Administrative Review is required (Supplemental to application) Article 4: Application and Procedures • 4- 101.B.6. Clarifying when review of an application shall be completed when it is a Director's Decision • 4- 101.C. 3. Clarifying the comment period for referral agency review should be21 calendar days instead of business days • 4.101.H.3. Modifying that an Applicant has 90 days to submit a final plat and meet conditions of approval • 4.101.H.4. Clarifying time in which an Applicant has to record a plat after approval by the BOCC. • 4 -102. Table, Making the notice required for the section 4 -119 consistent with the text, requiring only mailed notice. • 4- 103.B.2.c. Clarifying mailing must go to both property owners and mineral estate owners and lessees. • 4- 103.B.3. Revising notice for Administrative Review from 30 to 15 days • 4 -106. B.1.b(1). Clarifying process for approving, approving with conditions or denying an amendment. • 4- 106.B.1.b(2). Clarifying how a call -up of the Director's Decision of a substantial modification should be processed. Replacing 4-106.B.2 • 4- 108.B.4.a. Clarifying written notice is mailed notice. • Table 4 -201, Revising Application types to reflect Section and Process headings. • 4- 203.A.1. Including requirement for qualified professional engineer to provide traffic studies for applications. • 4- 203.8.3, Moved 4- 203.G.1 and G.2 to general application materials since these are required for all applications (adjacent property owners and mineral owners /lessees). • 4 -203. B.S. Added Project Description submittal requirement. • 4- 301.A.7 Removed requirement for Minor Temporary Housing to provide proof of notice as part of complete application, as it is only accomplished after the application has been deemed technically complete Article 5: Divisions of Land • 5- 101.B. Delete prohibition of a person being able to offer to sell land prior to platting • 5- 102.A.4. Clarify that a boundary line adjustment cannot create a lot less than 35 acres in size • Table 5 -103 o Make Minor Subdivisions the same as an Administrative Review process o Add 5 -307, Vacating a Final Subdivision or Subdivision Exemption Plat • 5 -307 Add new process for Vacating a Final Subdivision or Subdivision Exemption Plat • 5 -401 Table o Clarify that General Application Materials are required for a Common Interest Community Application o Add submittal requirements for 5 -307 • 5- 402.J. Added submittal requirements related to vacating plats process 5 -307 21 Page Article 6: Planned Unit Developments • 6 -101.D Clarify title of process. • Table 6 -201, Clarifying process and notice related to a minor and substantial modification of a PUD amendment • 6- 203.A. Clarifying what always constitutes per state law, a Substantial modification • 6- 203.B. Revising process and related notice for a minor modification • 6- 203.B. a.3. Provide notice for minor amendment to all property owners within the PUD • 6 -301, Table clarifying that a PUD plan must be submitted with an amendment request Article 7: Standards • 7 -107 Table Correcting placement of footnotes 1 and 2 • 7 -203. Figure, adding back figure of 35 feet setbacks • Division3, clarification as to which type of applications Division 3 standards apply • 7 -303, Clarifying applicability of Landscaping Standards • 7 -305 Clarifying applicability of snow storage standards • 7 -603 Correcting ISDS to OWTS • 7- 1001.H. Reintroducing hours of operation standards for Industrial Uses • 7- 1002.C. Correcting noise standards for Gravel Extraction Article 9: Pipelines • 9- 103.E. Clarifying section heading • 9- 103.F.6. Clarifying timeline for meeting conditions of approval Article 14: Areas and Activities of State Interest • Modification of entirety of Article 14 to better reflect state statutes provisions and application of similar process and language as the remaining Articles of the County's Code, as recommended by the County Attorney's Office. IV. STAFF ANALYSIS — ULUR CRITERIA FOR A TEXT AMENDMENT Section 4 -114 outlines the procedures and criteria for consideration of a Land Use Code Text Amendment request to the ULUR. The criteria for approval of a Land Use Code Text Amendment are as follows: a. General conformance with Comprehensive Plan and in compliance with any applicable Intergovernmental Agreements. The Comprehensive Plan has been designed to ensure that land use decision- making in the County is 1) responsive to community goals and objectives, 2) Respects the sensitive ecosystems within the county's jurisdiction, 3) does not unduly burden the county with service inefficiencies, 4) does not infringe on a private property owner's right to develop his/her land, and 5) protects the overall public health, safety and welfare of county residents {Comprehensive Plan 2030, Page 14). There are no intergovernmental agreements impacted by the proposed text amendment. b. Compliance with Statutory Provisions. The Colorado Revised Statute Title 30, Article 28, Section 133, as amended, provides for the approval of subdivision plans and plats, and the adoption of regulations governing such plans and plats by the Board of County Commissioners for the unincorporated areas of Garfield County, Colorado. Pursuant to this authority, the County's subdivision regulations may be 31 Page amended by the Board of County Commissioners from time to time. This proposed text amendment is in compliance with this statutory provision. V. PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed this text amendment at their October 9th meeting. The Planning Commission recommended approval of the text amendment, excluding the proposed amendment to the Oil and Gas Drilling and Production. The Planning Commission requested that staff work with industry representative Phil Vaughan on the proposed text amendment and that this text amendment be noticed to be heard at their December meeting. 41 Page !O38 Cowry Rd 32)164. Rifle, CO 81650 October 2, 2013 Ms. Tamra Allen Planning Manager Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Sent via email: tallen @garfieid- county.com Dear Ms. Allen, EXHIBIT Please find below comments and questions regarding the text amendments to the Garfield County Land Use and Development Code (LUDC) posted on the Garfield County website noted as "Exhibit E" for the October 9, 2013 Garfield County Planning Commission hearing. 1 will be in attendance for the 10/9/13 hearing as well. Article 4: Application and Review Procedures Article 4- Page 4 -26. Section 4- 203.B.3.b. Amended language is being proposed stating "A list of mineral estate owners in the subject parcel, their name, and the mailing address for each owner or lessee." 1 would recommend that the minerals ownership be provided for the portion of the project where the proposed use will be conducted. This is especially important on large parcels where the development is to occur on 25 acres of a 600 acre parcel. Article 14: Areas and Activities of State Interest Page 14 -20. Section 14 -404. Proposed language has been included for "Additional submittal requirements applicable to municipal and industrial water projects ". In 2012 and 2013 I made an inquiry to Garfield County if this language for "industrial water projects" under the 1041 powers includes facilities such as centralized exploration and production waste facilities operated by oil and gas companies. Garfield County indicated that this type ofE &P waste facility does not fit in the 1041 regulatory realm, but is defined as a "Water Impoundment ". 1 would request clarification of this issue again by Garfield County within the LUDC so that this issue is clear. Page 1 of 2 Article 15- Definitions I had recommended at the 7/15/13 Garfield County Board of Commissioners hearing that the following Colorado Oil and Gas Conservation Commission definition of "oil and gas location" be added to article 15 for farther clarification. The term "oil and gas location" is noted within the proposed definition of "Oil and Gas Drilling and Production ". "Oil and Gas Location shall mean a definable area where an operator has disturbed or intends to disturb the land surface in order to locate an oil and gas facility." If you have questions or comments, please do not hesitate to call our office at (970) 625 -5350. Sincerely, Phil Vaughan Construction Management, Inc. Philip B. Vaughan President Page 2 of 2 EXHIBIT g. Article 1 C. Effective Date. This Code, including any future amendments, shall take effect upon adoption by the BOCC, unless otherwise set forth in the BOCC's motion of approval. 1 -106. SAVING PROVISIONS. A. Pending Land Use Applications. The enactment or amendment of this Code shall not be construed as discontinuing, abating, modifying, or altering any pending land use applications and that said applications may continue to be processed as defined in the previous and use codes, provided all timelines required by said regulations are met. B. Penalty Accruing. The enactment or amendment of this Code shall not be construed as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue. C. Waiving any Right. The enactment or amendment of this Code shall not be construed as waiving any right of the County under any provision existing prior to the adoption of this Code. D. Vacating or Annulling. The enactment or amendment of this Code shall not be construed as vacating or annulling any rights obtained by any person by lawful action of the County. 1 -107. IMPLEMENTATION OF COMPREHENSIVE PLAN, INTERGOVERNMENTAL AGREEMENTS, AND OTHER MASTER PLANS FOR LAND USE. A. Implementation of Comprehensive Plan. Except as otherwise provided by law, the Comprehensive Plan serves as a guide and is advisory regarding land use in Garfield County. €nasti en #, amen lme ^t-- arad a 0istiatienci-e is Code shall be in accordance with and shall tho goals and policies of the Comprehensive Plan B. Implementation of Intergovernmental Agreements and Other Master Plans for Land Use. Enactment, amendment, and administration of this Code shall be in accordance with, and shall serve to implement, the goals and policies of any jointly- adopted intergovernmental agreement, memorandum of understanding, or Master Plan governing the use and development of land of mutual concern to the County and other governmental entities or special districts. 1 -108. INTERPRETATION, RULES OF CONSTRUCTION OF LANGUAGE, AND COMPUTATION OF TIME. A. Interpretation of the Provisions of this Code. 1. Minimum Required. The provisions of this Code shall be regarded as the minimum requirements for the protection of the public health, safety, and general welfare. 2. Liberal Construction. This Code shall be liberally construed to further its underlying purposes. 3. Conflict. If a conflict occurs between provisions of this Code, or between provisions of this Code and a State statute or other applicable codes and regulations, the more restrictive provision controls unless otherwise specified in this Code. 4. Requirements Presumed to Apply. The requirements of this Code are presumed to apply to actions unless otherwise provided. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 1- 2 B. Rules of Construction of Language. 1. Words and phrases shall be read in context and construed according to common usage. kfilords and phrases that have acquired a technical or particular meaning, by legislative definition or otherwise, shall be construed accordingly. 2. The particular controls the general. 3. The word "shall" is always mandatory. The words "may" and "should" are permissive. 4. Unless the context clearly indicates otherwise, words used in the singular number include the plural and words used in the plural number include the singular. 5. If there is a conflict between figures and words expressing a number, the words govern. 6. The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for,' and "occupied for." C. Colorado Revised Statutes. All references to the Colorado Revised Statutes (C.R.S.) shall include the referenced section, including any amendments thereto, and any additional sections necessary for proper interpretation of the law. D. Computation of Time. Days are computed as business days which means calendar days excluding weekends and County holidays, unless otherwise specified in this Code. 1 -109. INCORPORATION AND INTERPRETATION OF MAPS. A. Official Zone District Map. The location and boundaries of the zone districts established by this Code are shown on the "Official Zone District Map" of Garfield County and incorporated iniu this Code. The zone district map shall be maintained by the Director and shall be located in the Community Development Department. It is the express intent of the BOCC that all unincorporated areas within the County be located within a zone district. B. Official Zone District Overlay Map. The location and boundaries of each "Overlay Zone District Overlay" established by this Code shall be shown on the "Official Ove ay -Zone District Overlay Map" and hereby incorporated into this Code. The evy -zone district overlay map shall be maintained by the Director and shall be located in the Community Development Department. C. Interpretation of Zone District and Zone District Overlay Boundaries. If for any reason the location of a zone district and zone district overlay district boundary line is not readily determinable from the incorporated maps, the location of the zone or overlay district boundary line shall be determined by the Director in accordance with the following provisions. Where more than 1 of the following provisions is applicable in any given situation, the first stated and applicable provision shall prevail over all other provisions: 1. Where a boundary line is given a position within or abutting a highway, road, street, or Alley right -of -way that does not appear to be located within any district, the district boundary line shall be deemed to be in the center of such right -of -way. 2. Where a district boundary line is shown as closely and approximately following Subdivision Plat Lot Lines, municipal boundary, or County GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 1- 3 Article 3 DIVISION 2. ZONE DISTRICT REGULATIONS. The purpose of this Division is to identify the lot and building restrictions for each zone district. In addition to these general requirements, all land uses shall comply with the applicable standards set forth in Article 7, Standards. 3 -201. ZONE DISTRICT DIMENSIONS. Table 3 -201 identifies the dimensional standards for each zone district. Legend R =Residential NR =Nonresidential C= Commercial NC =Noncommercial Zone District Table Minimum Lot Areal 3- 201: Zone District Dimensions Lot Size Setbacks (feet) Height fief (3,4,6 Maximum Lot Coverage ( °%ej Maximum Floor Area Ratio Front Rear Side Arterial Local Rural 2 acres R: 15 N/A 50 25 25 10 NR: 40 Residential Suburban RS 20,000 s.f. 50 0.50 / 1.0 50 25 25 10 25 Residential -Urban RU 7,500 s.f. 50 0.50 / 1.0 50 25 25 10 25 Residential- Manufactured Home Park MHP 2 acres 50 — 50 25 25 10 25 Commercial - Limited CL 7,500 s.f. NC: 75 C: 85 0.5011.0 50 25 R: 25 C: 7.5 10 40 Commercial - General CG 7,500 s.f. NC: 75 C: 85 0.50 / 1.0 50 25 R: 25 C: 7.5 10 40 Industrial I 21,780 s.f. 75 N/A 50 25 25 10 40 PIRatePau 35 acres -- -- 25 25 25 25 506 Escarpm RLE ent 35 acres -- -- 25 25 25 25 506 Talus Slopes RLTS 35 acres -- -- 25 25 25 25 506 Gentle Slopes RLGS 35 acres R: 2 acres R: 15 — 25 25 25 10 756 Public Airport PA -- -- Subject to FAA, FAR Part 77, Airport Layout Plan, Building Codes, and other applicable — Federal, State, and local standards and regulations Public Lands PL 1. Unless otherwise required by section 7 -105, Adequate Central Water Distribution and Wastewater System, 2. Or 1/2 of building height, whichever is greater. 3. Telecommunication Facilities may exceed maximum height provided they are reviewed (if required) and approved pursuant to Table 3 -403, Use Table. by- a- Limited- impact - Review . 4. Parapet walls may exceed building height limitations by 4 feet. 5. Stacks, vents, cooling towers, elevator cupolas, towers, and similar noninhabitable building appurtenances, and cupolas, spires, and belfries constructed as part of a Place of Worship shall be exempt from height limitations. a- Limited- Impact- Review: GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3 -5 3 -403. USE TABLE. /P/ By Right !A/ Use Category Table Administrative Review IL/ Limited Impact Review Residential Use Type R 3-403: Use /M/ Major Districts 1 RS RU RM HP Table Impact Nonresidential CL Review Districts CG I :11 PL Exempt from Resource Zone Districts Land RL TS County ' RL GS Review and Standards Unless exempted, all uses must comply with Article 7 Standards including Use - Specific Standards. RL P RL E AGRICULTURAL AND A IAL- RELATED USES A MM , -�-� General Agriculture P P ..•-- !,g P P P P EXEMPT Building or Structure Necessary to A•ricultural O•erations, Accesso P P �■■■ Oa — P ■� P EXEMPT Forestry P P .-.-- •R P P P P EXEMPT Products Processing, Storage, Distribution, and Sale Off -Site A ■.■ L L L •R P P P P Gam* EXEMPT At Point of Production P P P P P P P •P P P P P EXEMPT Animals and Related Services Animal Sanctuary P ------ •P P P 7 -601 Animal Processing M M M • �..- 7 -602 Feedlot, Commercial M �-�-- M • a Kennel, Small L M L L A •P - L �- L 7 -603 Kennel, Large M --. L L !R L -- L 7 -603 Riding Stable P P --�-.12 P �- P Veterinary Clinic A A L L A •R -.. L 7 -604 RESIDENTIAL USES Household Living Dwelling, Single -Unit (per legal lot) /111 ----� P P P P P P •P P P Dwelling, 2 -Unit A A A A A A •P ---- Dwelling, Multi -Unit L L AL L L L •R .--• Dwelling Unit, Accessory A A A A A A A •P A A A A 7 -701 Manufactured Home Park M M M A M .I� -�-- 7 -703 GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 3 -23 /P/ By Right /A/ Administrative Review /L/ Limited Impact Use Category Use Type Table 3-403: Use Review /M/ Major Residential Districts Table Impact Nonresidential Review Districts j Resource Land Zone Districts Unless exempted, all uses must comply with Article 7 Standards including Use - Specific Standards. 7 -702 -=_ , R P - RS RU P P RM HP P CL P CG P 1 PL RL P P RL RL RL E TS GS P P P Office Home Office /Business .Fz Group Living Foster Home P P P P P P P eia .--- Group Home Facilities L L L L P ■■ .12 — ■■■ L 7 -704 Temporary Employee Housing Facility, Major M M M M M M M •R L L L L 7 -705 Employee Housing Facility, Minor Al- Al A -- Al A'- A'- Al •R Al Al Al- 7 -706 Employee Housing Facility, Small P P P P P P P •R P P P P 7 -707 PUBLIC/INSTITUTIONAL USES ••-- - - - - -- - Assembly _ Community Meeting Facility AA A AP P A •R L L Place of Worship A A A A A A A •R -.. A Public Gathering A A A . .12 �-. A Cultural Facility Library A A A P P •P A -. A Museum A A A A A A A •R A A Day Care Adult Day Care A A A A A A A •R Child Care Center A A A A A A .12 --- L 7 -804 Family Child Care Home P P P P P P A A 7 -804 Parks and Open Space Cemetery A A A A A A A •R ��� Park P P P P P D P P Community Service Facility Corrections Facility M M M M M M •R -�.� Educational Facility L L L LA A A .12 ... A Emergency Shelter L L L L L L L •R .-.- Fire Station A A A A A A A •P A A 1 Review and decision of an application is completed administratively. but is subtect to the process set forth in section 4 -107 GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3 -24 Table /P/ By Right /A✓ Administrative Review /LI Limited Impact Review Residential Use Category Use Type 3 -403: Use IM/ Major Districts 1 Table Impact Nonresidential CL L Review ' Districts -1 Exempt from County Review and Standard, Resource Land I Unless exempted, all Zone Districts uses must comply with RS M RU RM HP CG L I PL L •R RL P ---- RL E RL RL TS GS Article 7 Standards including Use - Specific j Standards. Hospital M M M Public Building A AA A A A A •P A A Transportation Access Route A A A A A A •R P P P Aircraft Landing Strip L ..- L L L •R L L 7 -802 Aircraft, Ultralight Operation P P P P P P P •P P P P P 7 -801 Airport M .....- !P --�- 7 -803 Heliport M M M L L L L •P M -- M 7 -803 Helistop M M M L L L L •R M M 7 -802 Mass Transit Facility M M M M M M M •P Park and Ride Facility L L L LA A A •P A A A A Trail, Trailhead, Road P P P P P P P •P E P P P COMMERCIAL USES Office Broadcasting Studio L �-� A A A •P .-.� 7 -901 Professional Office L -.- P P P •P L M. L Professional Office, Temporary A A A A A A A •R A 121 A A RefailMlholesale Bakery ...- P P P •P --.- Convenience Store L M M M A A A •P -��- NurseryfGreenhouse P AA AP P P •P .�. P 7 -902 Optional Premises Cultivation Operation --�� M M M �--�- 7 -903 Retail, General A A A A P P P •R --.- Retail, Equipment, Machinery, Lumber Yards ■■■� P P P P 2 Refer to the Federal Government for the laws and policies in regards to cultivation operations for Medical Marijuana, GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3 -25 /P/ By Right /A/ Use Category Table Administrative Review /L/ Limited Impact Review Residential 3-403: /M1 Districts Use Major Table Impact Nonresidential Review ' Districts Resource Land Zone Districts I Unless exempted, all uses must comply with Article 7 Standards including Use - Specific Standards. Use Type R M --- HP CL P CG P I P PL •Fa El� Retail, Vehicle and Equipment Sales Bulk Sales of LPG and CNG ---- L LL L L -- L Recreation and Entertainment Golf Course /Driving Range A A A A l A •i ..- A Theater, Indoor -.-. P P A •P .... Motor Sports Center M .-� M M M •R L L Recreation, Indoor L M M M P P A •P .--. Recreation, Outdoor L M M M M M L L L L L L Shooting Gallery/Range L M M M M M L L M M M M 7 -904 Services Crematorium M -.• LL •{ -..� Eating or Drinking Establishment L L L L P P P •R A A General Service Establishment L �-- P P P •R �..� Laundromat A L L L P P P •P ••.. Laundry or Dry- Cleaning Plant ---- L L L Mortuary M ��. L LL •R ..-. Vehicles and Equipment Car Wash M --- A A A •P --.- Parking Lot or Parking Garage L LL L A A A •R — .--. - - Repair, Body /Paint, or Upholstery Shop A �.- P P P •P -•.' Visitor Accommodation Campground/ RV Park M M M L L L M 7 -905 Lodging Facilities L L L L P P L •R A A INDUSTRIAL USES - - --A. Compressor/Pipeline Pump Station (Not Sub ect to Article 9 --;'--��-- Extraction LL ■■�■ L •P L L L L 7-1001 Compressor, Booster A A A A A A A ±P P P P P GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3 -26 Table 3-403: Use Table IP/ By Right /A/ Administrative Review /L/ Limited Impact Review IM/ Major Impact Review Districts 1 Resource Land Zone Districts Unless exempted, all uses must comply with Article 7 Standards including Use - Specific Standards. Residential Districts Nonresidential CL Use Category Use Type R RS RU RM HP ----� CG 1 M PL L RL P L RL E L RL RL TS GS L Q 7 -1001, 7 -1002 Extraction, Gravel M Extraction, Mining and Other M ----- L L L LL L 7 -1001, 7 -1003 Hydraulic Fracturing, Remote Surface Facility p p p p p p p •R — p p p p EXEMPT Injection Well, Piped P AR .... P •R P P P P €XEMPT7 -1001 7 -1001 Injection Well, Small A A ..�. P •P P P P P Injection Well, Large L L ----- �R P P P P 7 -1001 Oil and Gas Drilling and Production P PP PP P P •R P P P P EXEMPT Service Contractor's Yard, Small A ■�� P P P •R A A A A 7-1001 Contractor's Yard, Large M --- P P P •P L L L 7 -1001 Material Handling L --.- L L •R A A A' A 7 -1001 Processing L --� L L L •R A L A A 7 -1001 Processing, Accessory (Batch Plant) L --� L L L •R A - A 7 -1001 Processing, Temporary A A A A •P A A 7-1001 Vehicles, Machinery, and Heavy Equi•ment M ■■■•■ M •R L �■ M 7 -1001 Vehicle Safety Area A �-- • P P 7 -1007 Fabrication Assembly of Structures L •.. L A •R L L 7 -1001 Cabinet Making, Wood and Metal working ,Glazin•, Machinin., Weldin• A L ■■ P P P •R — L ■■ L 7 -1001 Equipment, Small Appliances L .�� L L A •R L L 7 -1001 Goods Processed From Natural Resources M ■�'��'� M •R M ■■ M 7 -1001 Warehouse and Storage L ... P P P •P A A A A 7 -1001 GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3 -27 /P/ By Right /A/ Use Category Administrative Review /L/ Limited Impact Use Type Substation, Neighborhood Table 3-403: Use Review /M/ Major Residential Districts Table Impact Nonresidential Review Districts 1.•i ,e�11.; if'Jai County Review and Stan,' Resource Zone Districts Land I I Unless exempted, all uses must comply with Article 7 Standards including Use- Specific Standards. R P RS P RU P RM HP P CL P CG 1 PL RL ' P P P •P P RL E - RL TS P P P Substation, Utility L L L L L L L •P L L L L Telecommunication Facility L L L L L L •g P /A4 PIA4 PIA4 M 7 -1102 Utility Distribution Facility P P P P P P •P P P P P Water Reservoir P L •R A A 7 -1103 Water Tank or Treatment Facility L L L L L L L •P L L L L Wind Energy System, Commercial M -�- M M L •P M M Wind Energy System, Small L L L L 'LI P P •P A ®---® •P P P P L P 7 -1201 ACCESSORY USES AND STRUCTURES ----- Building or Structure, Accessory P P P P P Fence, Hedge or Wall P P P P P P P P P P 7 -1201 1 4 Telecommunication Facilities 100 feet or less in height are By Right uses, A Facility I# -over 100 feet shall be subie t to an Administration Review. in hcight per Table 3 201 GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3 -29 Table 3-403: Use Table /P/ By Right /A/ Administrative Review /II Limited imp ct Review /M/ Maj r Impact Review 141 Exempt from County Review and Standar Use Category Freight Movement Waste and Salvage Use Type Storage, Mini Residential Districts mm Nonresidential Districts HPCL CG I Resource Land Zone Districts PL RL RL RL RL P E TS GS Unless exempted, all uses must comply with Article 7 Standards including Use- Specific Standards. 7 -1001 Storage, Cold Storage Plants P P P •12 L L 7-1001 Storage. Hazardous Materials M M M M •P L L 7 -1001 Warehouse and Distribution Center M L L L •P M 7 -1001 Mineral Waste Disposal Areas L L •R L L L L 7 -1001 Recycling Collection Center L P P P •R L 7-1001, 7 -1004 Recycling Processing Facility M M M L •P M 7 -1001 Salvage Yard M M L •R M 7 -1001 Sewage Treatment Facility L L L L L L L •R L L 7 -1001, 7 -1005 Solid Waste Disposal Site and Facility M M •R M M 7 -1001, 7 -1006 Solid Waste Transfer Facility M L L L •R M M 7 -1001 Water Impoundment L L •R L L L L 7 -1001 Electric Power Generation Facility. Small L L A A P P AL LA Electric Power Generation Facility, Large L L L L L Lines, Distribution P P P P P P P •P P P P P Lines, Transmission L L L L L L L L L L L L Pipeline A3 A3 A= A' A= A= A3 •R Aa A3 A A' 9 -104 Solar Energy System, Accessory P P P P P P P +R P P PP 7 -1101 Solar Energy System, Small A AA AP P P •R P P P P 7 -1101 Solar Energy System, Large M M M M L L L L L L L L 7 -1101 Review and decision of an application is completed administratively. but is subiect to the process set forth in Section 9 -103. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3 -28 Ar�u summary shall be valid for a period of 6 months from the date of the written summary. B. Determination of Application Completeness Review. Director Review. The Director shall determine whether the application is complete based on compliance with the submittal requirements for the applicable review process. Completeness review shall take place in the following time frames: a. General applications: 10 business days. b. Major applications, as identified below: 20 business days. (1) Major Impact Review; (2) Limited Impact Review; (3) Rezoning, nonresidential; (4) Subdivision; and (5) FEUD. 2. Determination. The Director shall make 1 of the following determinations: a. Application is Not Complete. If the application is not complete, the Director shall inform the Applicant of the deficiencies in writing and shall take no further action on the application until the deficiencies are remedied. If the Applicant fails to correct the deficiencies within 60 calendar days, the application shall be considered withdrawn and returned to the Applicant. b. Application is Complete. If the application is complete, the Director shall certify it as complete and provide written notice to the Applicant including the date of determination of completeness. 3. Extension of Time for Determination of Completeness. The Director may authorize an extension of time to complete review for a determination of completeness when: a. Scope of Application. The scope of the Land Use Change application is sufficient to require additional time for the Director to review the application for a determination of completeness. b. Staff Workload. The Department's workload, due to the volume and scope of pending Land Use Change applications, justifies the need for an extension of time to review the application for a determination of completeness. 4. Written Notice of Extension of Time. As soon as possible after receipt of an application, the Director shall inform the Applicant in writing if an extension is necessary to determine completeness, and shall identify the new completeness deadline. 5. Request for Waiver of Submission Requirements. Requests for waiver of submission requirements pursuant to section 4-202 shall be submitted with the application and considered by the Director as part of the determination of completeness. 6. Review /Public Hearing Schedule. Complete applications shall be scheduled for Public Hearing on the next available agenda date of the appropriate review body following any required public notice. Applications for review that do not require a Public Hearing and are GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4 -2 scheduled for a Director's Decision shall be reviewed within 30 calendar days of a determination of completeness. C. Review by Referral Agency. 1. Any Land Use Change application shall be referred to the appropriate local, State, or Federal agencies or departments for review. The list of reviewing agencies for any individual application shall be determined by the Director unless specific agencies or departments are required by State statute. 2. A referral agency may impose a fee for the review of a proposed development. The Director will disclose an estimated range of any potential referral agency fees in the pre - application conference summary. This estimate is nonbinding. 3. The comment period for referral agency review shall be 21 calendar business-days from the date that the complete application and sufficient copies are delivered to the County by the Applicant. Responses not received by the County in a timely manner may not be evaluated in the Director's review of the application. A lack of timely response shall be interpreted as no comment. D. Evaluation by Director /Staff Review. 1. The Director shall review the Land Use Change application to deterrnine if the proposal satisfies the applicable standards of this Code and any review criteria identified in the specific procedure. 2. The Director may authorize all or a portion of the review of a Land Use Change application to be performed by an outside consultant. This work shall be subject to the County Procurement Code. The cost of the consultant review shall be the responsibility of the Applicant and shall be paid pursuant to section 4- 203.B.3., Fees. The Director will disclose an estimated range of any potential outside consultant fees in the pre - application conference summary. This estimate is nonbinding. 3. The Director shall prepare a staff report discussing whether the standards have been satisfied; identifying issues raised through staff and referral review; outlining mitigation requirements; recommending conditions for approval to ensure that standards are satisfied; and requesting additional information pertinent to review of the application. E. Notice of Public Hearing. When a Public Hearing is required, notice shall be provided. The type of notice required is identified in Table 4-102, Common Review Procedures and Required Notice. 1. Notice shall be provided as follows: a. Notice by Publication. At least 30 but not more than 60 calendar days prior to the date of a scheduled Public Hearing before the Planning Commission or BOCC, the Applicant shall publish notice of a Public Hearing in a legal publication, unless otherwise specified by State law. b. Written /Mailed Notice to Adjacent Property Owners and Mineral Owners. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4 -3 F. Review and Recommendation. The recommending body shall recommend approval, approval with conditions, or denial of the application based on the following: 1. Recommendation of Approval. If the application satisfies all of the applicable requirements of this Code, the recommending body shall recommend the application be approved. The recommending body may recommend approval with conditions determined necessary for compliance with the applicable requirements. 2. Recommendation of Denial. if the application fails to satisfy any 1 of the applicable requirements and compliance cannot be achieved through conditions of approval, the recommending body shall recommend that the application be denied. G. Decision. The Decision - Making Body shall approve, approve with conditions, or deny the application based on the following: 1. Approval of Application. If the application satisfies all of the applicable requirements of this Code, the application shall be approved. The application may be approved with conditions determined necessary for compliance with applicable requirements. 2. Denial of Application. If the application fails to satisfy any 1 of the applicable requirements, and compliance cannot be achieved through conditions of approval, the application shall be denied. W. Duration and Expiration of Conditional Approval and Plat Approvals. 1. Conditional Approval of a Land Use Change Application. Unless otherwise approved by the decision maker, an Applicant has 1 year from the date of approval or Director's Determination to satisfy any remaining conditions precedent to issuance of a Land Use Change Permit. Failure to meet all conditions will result in the expiration of the approval and the Applicant will be required to submit a new application for the desired land use. 2. Conditional Approval of a Subdivision or Conservation Subdivision Preliminary Plan. Unless otherwise approved by the BOCC, an Applicant has 1 year from the date of approval for a Preliminary Plan to receive a determination of completeness for a Final Plan /Plat application. Failure to timely file a technically complete Final Plan/Plat application will result in the expiration of the Preliminary Plan approval, and the Applicant will be required to submit a new application for the desired subdivision. 3. Conditional Approval of a Final Plat. The Applicant has 9120 calendar days from the date of approval of an Exemption or Final Plan /Plat application to submit a Final Plat suitable for recording. Failure to timely file a Final Plat suitable for recording will result in the expiration of the Exemption or Final Plat approval, and the Applicant will be required to submit a new application for the desired Exemption or Final Plan /Plat. 4. Approval of a Final Plat. Within 10 business da s of the submittal to the County of the properly executed Final Plat which is suitable for recording, such A -Final Plat must be signed by the BOCC and be recorded with the Clerk and Recorder. within 10 business -days of the- DCCC's- appfova-L GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4 -5 i IMFiicable B6Ai, BOCC D PC lirr Table 4 -11 t : orrnnon eview rocesu es an. -eclair-,. ',.o t,ce Section 4 -101. A! B 1 C D 1 E F 1 G H 1 Required Notice Review Procedure jj i°, a t a c i gl ° n Q > m! w E � c �, " -.c. m E E 4 0 o m a a� i x o .: co cl o 'c x c Eui Q. av lE d 1 Additional ` BoardofAdjustments ar co o a - Requirements p (Board of County Commissioners I U" I c. _ --. ] 2 Director 1 a Q c., w e Planning Commission 1 i5 Administrative Review vs to to .a D to to - 4-103 4 -104 Limited Impact Review to to to .0 vs BOCC 4, to to to v 4 -105 Major Impact Review 4, .0 to to a PC BOCC 4, to t, .• 0, Notice required for PC and BOCC hearings. 4 -106 Amendments to an Approved LUCP 4, to D - - - Suiaject to Minor or section ntia'I Modification Determination per section 4 -106. 4 -107 Minor Temporary Housing Facility v, to w to D - - 4 -108 Vacation of a County Road or Public ROW � � � �' � PC BOCC +� � PC hearing requires inclusion in pasted agenda. BOCC hearing requires publication and mailing. Per Administrative Review, section 4 -103. 4 -109 Develop. in the 100 -Year Floodplain 40 _ to v +✓ D 4, 4 110 Develop. in the 100 -Year Floodplain Variance BOA 4-111 Location and Extent Review to to w d PC to +I +I r Notice to be provided at least 7 calendar days but no more than 30 calendar da s • rior to hearin•. 4 -112 Call-Up to the BOCC vs BOCC v The BOCC shall provide notice as required by the original application. If no notice was required, notice shall be adequate if included in a posted agenda. 4-113 Rezoning 4, 4/ v .0 w PC BOCC 4, -- r to - to - Notice required for PC and BOCC hearings. 4-114 Code Text Amendment ' to a to PC BOCC Published notice for PC and BOCC hearings. 4-115 Variance to v to vs BOA to vs vs 4-116 Administrative Interpretation D 4-117 Administrative Interpretation Appeal v t, BOA .1 - - 4 -118 Waiver of Standards v0 Determined by companion application. Notice as required by companion application. 4-119 Accommodation Pursuant to Federal Fair Housin• Act BOCC tto GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4 -7 4 -103. ADMINISTRATIVE REVIEW. A. Overview. Applications subject to Administrative Review shall be reviewed and decided by the Director. B. Review Process. Applications for Administrative Review shall be processed according to Table 4 -102, Common Review Procedures and Required Notice, with the following modifications: 1. Pre - Application Conference. This requirement may be waived by the Director. 2. Determination of Completeness. Once the application is deemed technically complete, the Director will send a letter to the Applicant that indicates: a. The additional number of copies to be delivered to the County; b. The date that the Director will render a decision or, if the Director decides to refer the application to the BOCC, the date that the BOCC will hear the Application; and c. The notice form that the Applicant is required to mail to the Adjacent Property Owners and mineral estate owners and Iesees. 3. Notice. The Applicant shall mail notice pursuant to section 4- 101.E.b.(2), -(4)., at least 1530 days prior to the date of the Director's decision and shall provide proof of adequate notice prior to any decision. The notice shall include a Vicinity Map, the property's legal description, a short narrative describing the current zoning and proposed Land Use Change, the contact information for the Community Development Department and the date that the Director will make a decision. 4. Decision. a. Director Decision. If the Director decides the application, the Director will inform the Applicant and the BOCC of the approval, conditions of approval, or basis for denial, in writing within 10 days of the date of decision. b. BOCC Decision. If the application is referred to the BOCC for a decision, the BOCC will memorialize their decision of approval, conditions of approval or basis for denial in the form of a Resolution. 5. Call-Up to the BOCC. The Director's decision is subject to section 4 -112, Call -Up to the BOCC. C. Review Criteria. An application shall comply with the applicable standards of this Code. 4 -104. LIMITED IMPACT REVIEW. A. Overview. Applications subject to a Limited Impact Review shall be reviewed and decided by the BOCC. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4 -8 (1) If the Director determines that the proposed amendment constitutes a Substantial Modification, the change shall require a new application for a Land Use Change Permit. The Director shall determine the contents of the application submission requirements for a Substantial Modification request and provide this information in writing to the Applicant. Thou.h a new application is re.uired the review of the application may result in an approval approval with conditions or denial of the amendment only. If the amendment is denied, the Applicant's original approval is still valid. (4)(2) Should the Applicant contest the decision made by the Director that the proposed amendment constitutes a Substantial Modification, the Applicant may request the decision be called -up to the BOCC pursuant to section 4- 112. B and C. c. Determination by the BOCC. The Director shall have the discretion to request the BOCC decide, in a Public Meeting, whether a modification is Minor or Substantial. 2. Call Up to the -BQCC. The Director's determination is eub ect t., section 4 112, Call Up to the BOGC. C. Review Criteria. Minor Modifications are those that deviate from standards or rearrange /reconfigure elevations, structures, parking areas, landscape areas, drainage facilities, utilities, or other site improvements in an approved Land Use Change Permit, including Subdivisions, and that meet all of the following criteria as applicable: 1. Comply with all requirements of this Code; 2. Do not conflict with the Comprehensive Plan; 3, Do not change the character of the development; 4. Do not alter the basic relationship of the development to adjacent property; 5. Do not change the uses permitted; 6. Do not require amendment or abandonment of any easements or rights - of -way; 7. Do not increase the density; 8. Do not increase the zone district dimensions to an amount exceeding the maximum dimension in the applicable zone district in Table 3 -201; and 9. Do not decrease the amount of the following to an amount below the minimum required in the applicable zone district: a. Amount of dedicated Open Space; b. The size of or change in the locations, lighting, or orientation of originally approved signs; and c. Any zone district dimensions in Table 3 -201. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4 -10 b. The date established for initial review by the Planning Commission shall be considered the date of submission pursuant to C.R.S. § 30 -28 -110. c The Planning Commission may continue consideration of the application until the next regularly- scheduled Planning Commission meeting. Under all circumstances, it shall conclude its review and render its decision and recommendation to the BOCC within 60 calendar days of submission. d. The decision of the Planning Commission shall be considered a recommendation, not a final action on the request. 4. BOCC Review and Notice. The BOCC shall conduct its review pursuant to the provisions of C.R.S. § 43 -2 -301, et seq., and the requirements of this Code. The BOCC review and decision shall be considered a legislative act. a. Hearing Notification. Action of the BOCC shall be pursuant to a Public Hearing. MailedlAtritt-ee and published notice shall be provided according to section 4- 101.F. b. Published Notice. Published notice shall include a statement that a resolution to vacate the subject County road or public road right - of -way will be presented at the hearing. c. 1 leering Information. During the Public !tearing before the BOCC, the Applicant shall provide a form of resolution vacating the subject County road or public right -of -way that is prepared by the Applicant and reviewed and approved by the County Attorney's Office prior to the BOCC hearing. 5. BOCC Decision. The BOCC may approve, approve with conditions, or deny the application pursuant to section 4-101.G., or take any of the following actions: a. Continue the Hearing. The BOCC may continue the Public Hearing as it deems necessary to receive all information the BOCC deems relevant. Any continuation must be to a date certain with a decision to approve or deny the resolution vacating the County road or public right -of -way occurring within 90 calendar days of the initiation of the Public Hearing. b. Modified Resolution. The BOCC may elect to approve a resolution vacating a County road or public right - of-way in a form modified or altered from that presented. In that event, the BOCC shall specifically direct staff to make alterations to the resolution by a motion specifying those alterations. Such motion shall also include a continuance to allow staff to revise the resolution and present it in final form as part of the continued Public Hearing. c. Final Action. No final action on a petition or application to vacate a County road or public right -of -way shall occur until a resolution has been considered at a Public Hearing, signed by the chair of the BOCC, pursuant to motion, and recorded with the Garfield County Clerk and Recorder. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4 -12 Table 4 -201: Application Submittal Requirements Section 4 -203. 1CIDIEF G1H .i�KL M GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4 -23 d. c O W r, O. Q is m m 0 2 _ . � E- °p 'v © > m _ t8 op m c TC1 C o m ID 2 C m os �A Q c U, is -c Es g J to o c7 1 rt c :. U co (1) 6 Z' 3 Ep — c VS o 2 c To Q. a. Q C C 0 0 :p a* ..Y co E a 1- �' .., C co E 2 O 0 , m a N C co Q w C co E 0 > 2 a. c es G >.— O. Cl) n E y t4v es c L`' Q w L^ Q <p a o 2 Written Narrative! Additional Submissions 4 -103 Administratsve Review v v. W v. w v. v. v V 4 -104 Limited Impact Review v. d a 40, v. v v `° v 4 -105 Major Impact Review v v• v s v v. v• r v. v v. 4-106 Amendment to an Approved LUCP v Amendment Description, subject to Minor or Substantial Modification determination per section 4 -106. 4 -107 Minor Temporary.- Housing Facility v See Section 4 -301 for additional submittal requirements. 4 -108 Vacation of a County Road or Public ROW See Section 4 -302 for additional submittal requirements. 4 -109 Development in 100 -Year Floodplain v. v. v.. v 4 -110 Develop. 100 -Year Floodplain Variance v v. v. v. Statement of request and response to standards. 4 -111 Location and Extent Review- v. v. i Demonstration of general conformance with the Comp. Plan and compliance with any applicable 1CAs. Application materials as determined by Director. 4 -112 Call -Up to the BOCC 4 -113 Rezoning Legal description of property. 4 -114 I= ate4i1se Code Text Amendment. v Written description of amendment and justification. 4 -115 Variance v v Statement of request and response to standards. 4 -116 Administrative Interpretation L-117 Administrative of an Admin. d ppeal Interpretation Appeal. 4 -118 Waiver of Standards Submitted with companion application. i 18 Request for Accommodation pursuant to w \ . Federal Fair Housing_Act GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4 -23 4202. WAIVER OF SUBMISSION REQUIREMENTS. A. Overview. The Director may waive or alter any of these requirements if they are determined to be inappropriate or unnecessary in determining whether the application satisfies applicable standards. A waiver shall apply only to the specific application for which it was requested and shall not establish a precedent for approval of other requests. B. Review Process. 1. Applicant shall request the waiver of a submission requirement in writing as part of an application submission. 2. The Director shall review the request as part of the completeness review and make a determination regarding whether to waive or require the information. The Director may refer the waiver request to the BOCC for consideration at a Public Meeting. 3. The Director shall notify the Applicant in writing of the determination whether to waive submission requirements and include a summary of the decision in the staff report. 4. The Director's determination regarding waiver of submission requirements is subject to call-up pursuant to section 4 -112. C. Review Criteria. A waiver request shall be considered based on the following criteria: 1. The Applicant shows good cause for the requested waiver; 2. The project size, complexity, anticipated impacts, or other factors support a waiver; 3. The waiver does not compromise a proper and complete review; and 4. The information is not material to describing the proposal or demonstrating compliance with approval criteria. 4203. DESCRIPTION OF SUBMITTAL REQUIREMENTS. A. Professional Qualifications. The professional qualifications for preparation and certification of certain documents required by this Code are as follows: 1. Civil Engineer. Improvement plans and reports for water supply, sanitation, drainage, utilities, soils grading, roads, traffic studystructures, and other civil engineering required to satisfy the development standards of this Code must be certified by a professional engineer qualified in the specific discipline and licensed by the State of Colorado. 2. Surveyor. All documents containing and survey descriptions must be certified by a licensed Colorado Professional Land Surveyor. 3. Geologist. Geology reports shall be prepared by either a member of the American Institute of Professional Geologists, a member of the Association of Engineering Geologists, or a qualified geotechnical engineer licensed in the State of Colorado. 4. Wildlife Expert, Wildlife impact reports shall be prepared by a qualified wildlife biologist. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4 -25 5. Water Supply Expert. A professional engineer licensed to practice in the State of Colorado qualified to perform such work. 6. Other. Other professionals retained by Applicant to provide studies and analysis required by this Code shall demonstrate qualification in the specific field, to the satisfaction of the reviewing body. B. General Application Materials. The following basic materials are required for all applications for a Land Use Change Permit, including division of land. 1. Application Form. Application forms for a Land Use Change Permit shall be obtained from the Community Development Department. Completed application forms and accompanying materials shall be submitted to the Director by the owner, or any other person having a recognized fee title interest in the land for which a Land Use Change is proposed, or by any representative acting through written authorization of the owner. a. Authorized Representative. If the Applicant is not the owner of the land, or is a contract purchaser of the land, the Applicant shall submit a letter signed by the owner consenting to the submission of the application. b. Applicant is Not the Sole Owner. if the Applicant is not the sole owner of the land, the Applicant shall submit a letter signed by all other owners or an association representing all the owners, by which all owners consent to or join in the application. c. Applicant is an Entity. If the Applicant is an entity or a trust, the Applicant shall submit a letter consenting to submission of the application signed by a person authorized to encumber the property and a recorded Statement of Authority for that person. 2. Ownership. The application shall include a deed or other evidence of the owner's fee title interest in the land for which a Land Use Change is proposed. 3 Ad'acent Pro +ert Owners and Mineral Owners and Lessees. If an application requires mailed notice, the application shall include the following: a. nrl, ^ ^ ^n+ Prn er+. An- address list and a map of real prr erty, the owners of record and mailing address, within a 200 -foot radius of the subject parcel as shown in the Office of the County Clerk and Recorder. Said list shall be generated at least 15 days prior to sendin •ublic notice. mnilin ^l+dresa for epnh of tha roperty H Tiers b. • - - - = mineral estate owners in the 6Stdbiect Site ar their name, an e owner or lessee, 3:4. Fees. Any application for a Land Use Change Permit must be accompanied by the appropriate fees. A schedule of fees is available through the Community Development Department. An estimated range of any potential fees will be disclosed in the pre - application conference summary. This estimate is nonbinding. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4 -26 a. The costs of consultant and referral agency review are the responsibility of the Applicant. b. The County may require a deposit for payment of consultant and referral agency review fees, based upon estimated consultant review costs at the time of application, and in addition to the application fees. c. The County may suspend the application review process pending payment of consultant costs. Pro'ect Descri.tion. A descri•tion of the •r 'ect includin• a statement of 0 need, and detailed information about the project such as timeline for development, hours of operation, number of employees. protect size (acreage of the site), size of proposed buildings and structures (sq. footage, height), similar related attributes such as parking lot size, access roadway information, and overall capacity (i.e. gallons, barrels) or numbers of units or equipment (i.e. number of residential units, number of compressor units, pipeline size /length etc.), and an explanation of all functional aspects of the proposed facility such as the processes, activities, function, operations and maintenance that will occur as part of the project, 4 -6. General Requirements for Maps and Plans. The following are general requirements for any map or plan submitted under the application and review procedures of this Code: a. Name or identifying title of the proposed development or use; b. Total area of the site, in acres; c. Name, address, and telephone number of the Applicant, person preparing the map or plan, designer, engineer, surveyor, and any other consultants of the Applicant; and d. Date of preparation, revision box, written scale, graphic scale, and north arrow. 6 -7. Combination of Map and Plan Requirements. Applicant may request at a pre- application conference to combine various plan and specification requirements of this section into a single submission. The Director may allow combination of the plan requirements if: a. The information requested to be combined is similar; b. The requirements can be clearly mapped or drawn; and c. The Code requirements and sections can be labeled or otherwise clearly identified. Applications for Major Projects. The Director shall inform the Applicant of any project that may include 200 or more employees of the additional application requirements, including: a. Estimated construction schedule; b. Number of employees for construction and operating work force; c. Direct and indirect tax bases and revenues associated with the project; and 6.8. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4 -27 17. Stormwater Management Plan. Copy of the stormwater management plan application to CDPHE with date of submittal. 18. Reclamation Plan. A reclamation plan consistent with the standards in section 7-207. 19. Hydraulic Calculations. Hydrologic, hydraulic, and all other calculations used to size and design drainage facilities and/or structural BMPs. 20. Maintenance Requirements. Maintenance requirements for all proposed BMPs should be discussed including access, schedules, costs, and designation of a responsible party. 21. Spill Prevention Control and Countermeasures Plan, if Applicable. A SPCC Plan will be required for any facility with the potential to discharge oil of any kind or in any form including, but not limited to, petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes, in quantities that may be harmful to navigable water and adjoining shoreline, per EPA regulations. 22. Additional Information or Detail. Other information or data and additional detail as may be reasonably required by the Director. 23. Signature Blocks. Signature block for owner or legal agent acknowledging the review and acceptance of responsibility, and a signature and stamped statement by the qualified individual acknowledging responsibility for the preparation of the Grading and Drainage Plan. F. Landscape Plan. Landscape Plans shall be scaled at 1 inch to 20 feet for properties exceeding 16 acres in size, or 1 inch to 10 feet for properties less than 16 acres in size. The Landscape Plan shall demonstrate compliance with section 7 -303 and shall include, at a minimum, the following elements: 1. Topographic information at least 2 -foot contour intervals; 2. Location of all lot lines and improvements to the property, and location of any easements of record; 3. Identification of all existing deciduous tree and coniferous trees of 6 inches in caliper or greater, and which trees will be preserved and which trees will be removed or relocated; areas where other existing vegetation will either be preserved or removed; the type, location, size, and number of plants that will be installed; and specified seed mixtures; 4. An estimate of the cost of supplying and installing the materials depicted in the Landscape Plan; and 5. A description of the proposed program to maintain the landscaping after it has been installed. G. Impact Analysis. Where the proposed development will impact specific features of the site, the Applicant shall describe both the existing conditions and the potential changes created by the project. The Impact Analysis shall include a complete description of how the Applicant will ensure that impacts will be mitigated and standards will be satisfied. The following information shall be included in the Impact Analysis: 4i A€!ia€en - -= _ €141=e1ARce44044€4-4 pa€eRi f d -Ole -I li adcl ss=f a€h GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4 -30 14 =- eklineral-Ownerse-A-listparated-minefaleietaterowriefseie4lee4elejerel pafce1 the+ li , r=aae € sae •3 1. Adjacent Land Use. Existing use of adjacent property and neighboring properties within 1,500 -foot radius. 4 2. Site Features. A description of site features such as streams, areas subject to flooding, lakes, high ground water areas, topography, vegetative cover, climatology, and other features that may aid in the evaluation of the proposed development. Soil Characteristics. A description of soil characteristics of the site that have a significant influence on the proposed use of the land. 6 4. Geology and Hazard. A description of the geologic characteristics of the area including any potential natural or manmade hazards, and a determination of what effect such factors would have on the proposed use of the land. 75. ___Groundwater and Aquifer Recharge Areas. Evaluation of the relationship of the subject parcel to Floodplains, the nature of soils and subsoils and their ability to adequately support waste disposal, the Slope of the land, the effect of sewage effluents, and the pollution of surface Runoff, stream flow, and groundwater. &6. Environmental Impacts. Determination of the existing environmental conditions on the parcel to be developed and the effects of development on those conditions, including: a. Determination of the longterm and short -term effect on flora and fauna; b. Determination of the effect on designated environmental resources, including critical wildlife habitat; c. impacts on wiidiife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns, or other disruptions; and d. Evaluation of any potential radiation hazard that may have been identified by the State or County Health Departments. 97. Nuisance. Impacts on adjacent land from generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. 1-0,8. Hours of Operation. The Applicant shall submit information on the hours operation of the proposed use. H. Rezoning Justification Report. A report that explains how the rezoning will satisfy the approval criteria for a rezoning set forth in section 4- 113.0., Review Criteria, Statement of Appeal. A written statement of the Director's decision to be called -up or the interpretation to be appealed, the date of that decision/interpretation, and the reasons why the Applicant/appellant believes that the decision/interpretation of the Director is incorrect, including any materials or evidence to support the call -up or appeal. J. Development Agreement. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4 -31 permitted Minor and Major Facilities, natural drainage courses, and municipalities within 1 mile of the proposed Minor Facility; c. North arrow and scale; and d. GPS coordinates and current surface ownership of the subject lot. 3. Site Plan consistent with section 4- 203.D. and including the following information: a. The proposed location and anticipated layout for the Facility. ts. Site specific, surveyed maps depicting the location of the Facility, . located within the Permitted Site within the subject parcel. c. The dates of installation and removal for the Facility. The list shall also include the estimated total cumulative length of time that the Facility is anticipated to be installed at the proposed location. d. The sewage and wastewater disposal, trash receptacles, potable water storage, all other associated infrastructure, and all other equipment located within the Permitted Site. e. Identification of the private and public roadways accessing the Facility. Roadways shall be marked as open, gated, and/or locked (include combinations). Detailed directions, with mileage, shall be given from the nearest town within the County, nearest County Sheriff's Office dispatch location, and responsible fire district headquarters to each Minor Facility along each roadway. f. The name, address, and phone slumber of surface owner of the subject lot or the Permitted Site if the Permitted Site is within the Resource Land Zone Districts. g. The name, address, and phone number, including a 24 -hour emergency response number of at least 2 persons responsible for the Operator's emergency field operations; contact numbers for local Hospitals, emergency response, fire protection districts, the County Sheriff's Office, Life /Care Flight, and applicable regulatory agencies; site safety /evacuation plan; and any other written response plan for potential emergencies at the Permitted Site. 4. Sign-offs from the County Sheriff's Office, relevant fire protection district(s), and Community Development Department consistent with the requirements of this Code. 5. Use and Occupancy Certification. a. A legible photo of the State Division of Housing Seal certifying the housing unit that will be used meets the use and occupancy per Building Code; or b. Stamped certification by the State Department of Housing that the use and occupancy of the housing unit will meet the building and fire code requirements. 6. A description of infrastructure and services that will be provided at the site. 7 : Proof that - acquired public noticing-has been perfon accerdan e- -with section 4 -101. E. g;7. Evidence of the physical and legal water supply and a general description GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-45 a ARTICLE 5: DIVISIONS OF LAND DIVISION 1. GENERAL PROVISIONS. 5 -101. TYPES OF LAND DIVISION. Division of land is classified by the County as either a "Subdivision" or an "Exemption." A. Definition of Subdivision. The division of land into 2 or more parcels is a Subdivision and subject to Subdivision Review unless specifically exempted as follows; 1. Such division occurs by operation of law, without BOCC action, as detailed in section 5 -201; or 2. Such division is established by the BOCC as a County Exemption, consistent with G.R.S. § 30- 28- 101(10)(d), pursuant to sections 5 -202 and 5 -203. B. Sales Prohibited Prior to Platting. No person with any interest in land located within a Subdivision or Exemption shall transfer, oagree to sell, of_offer_t4 sell, or sell any land before the Final Plat has been approved by the BOCC and recorded with the County Clerk and Recorder, 5 -102. PROCESSES EXEMPT FROM SUBDIVISION AND EXEMPTION REVIEW. The following are not "Subdivisions" or "subdivided land" as those terms are defined by State law and are not subject to County Subdivision or Exemption Review. A. Boundary or Lot Line Revision or Correction. Revision to Lot Lines or boundary lines for parcels of land outside of a recorded Plat for the purpose of revising boundary or parcel lines shall constitute a boundary or Lot Line revision or correction. If the proposed change affects a lot within a recorded Subdivision or an approved Exemption, it does not qualify as a boundary or Lot Line adjustment and the change must be processed as an Amended Plat pursuant to section 5 -305. The proposed change shall meet the following criteria: 1. There will be no new lots created; 2. There will be no loss of access; 3. There will be no loss of utility service to the parcels; 4. No parcel of land created as a state - exempt 35 acre or greater lot (pursuant to C.R.S. § 30- 28- 101(10)b) or (10)(c)(I)) will be reduced to less than 35 acres; 4.5. Merger occurs by way of a recorded deed; and 6. Title is held in the same form and quality of ownership, for example: fee ownership must remain fee ownership; fee ownership with the possibility of reverter must remain fee ownership with the possibility of reverter; joint tenancy with right of survivorship must remain joint tenancy with right of survivorship. GARFIELD COUN "IY LAND USE AND DEVELOPMENT CODE 5 -1 Common Review Procedures 4 -101. Table A 8 5 -103: C Common D o c.) ' cu c c > Iu E m `— o z Review F Procedures G and H Required 1 ° c °' w Notice a) as m ca a o c, a w +� 0 o � o go -a o w -a E Qc�, p G O a, 3 el m Required Notice E BOCC D PC Board of County t) c Commissioners o m 27 aQ. Director y E a U Planning Commission a it 3 m m u) ' c fly o --- d 15 a 7 Q H a° Additional Requirements Exemptions 5 -202 Public/County Road Split w w w w 1 D w w Per Administrative Review Section 4 -103. 5 -203 Rural Land Development 10 Lots or Fewer w w v v w BOCC w w w 5 -203 Minor Subdivision 5 -301 Major Subdivision 5- 302.B. Rural Land Development Greater than 10 Lots Minor Subdivision Sketch Plan (Optional) w w w w w w w w w PC BOCC v D PC w w v -- — -- All types of notice for both PC and BOCC. Notice must be completed at least 21 days Per Administrative Review Section 4 -103. 5-302.C. Preliminary Plan w w w w w PC BOCC w w w w All types of notice for both PC and BOCC. 5- 302.D. Conserratior 5- 303.B. Final Plan/ Plat Subdivision Sketch Plan (Optional) w w w w BOCC PC w w --- w -- -- -° -- -- -- 5- 303.0. Yield Plan w w v PC 5-303.D. Preliminary Plan w w w w w PC BOCC w w w w All types of notice for both PC and BOCC. 5- 303.E. 1 Amendments 5 -304 Final Plan /Plat Re- S::bdvisicns Amended Preliminary Plan w w w w w BOCC D w v w w w -- w - -- w Required only if Called -up. 5 -305 Amended Anal Plat w w w w w D w w Per Administrative Review Section 4 -103. 5 -306 Common interest Community w w w w w D w w Per Administrative Review Section 4 -103. 11 Emma J . , a . LD a'. aeatinG -a nal -Subdivision -or w w v w BOCC 5-3 a ' ... 1p . F ',_ ' ..VELD! CODE 4. The lot in which the Common Interest Community is located was approved and platted as part of a Subdivision that meets the requirements of this Code. 5. Adequate easements for water, sewer, utilities, and access have been provided. 6. If applicable, an acceptable party wall agreement has been recorded. 7. Common interest Community Plat meets the requirements per section 5- 402,F., Final Plat, and adequately shows the location and dimensions of the vertical boundaries of each unit; the horizontal boundaries, if included; and the identifying number of each unit, along with the location and dimension of common elements and limited common elements, all as defined in the declaration. 8. All taxes applicable to the land have been paid, as certified by the County Treasurer's Office. 5 -307. VACATING A FINAL SUBDIVISION OR SUBDIVISION EXEMPTION PLAT. The •lat vacation •rocess is for the •ur•oses of eriminatin• the subdivision of property as reflected by a previously recorded Final Subdivision or Subdivision Exemption Plat. This rocess ma be necessar where a .ro.ert owner wishes to return the subdivision lots arcel of land or to eliminate an obsolete subdivision in which lots do not meet current subdivision requirements including lot size, environmental conditions or provision of adequate infrastructure. reflected on a recorded lat to a sin le A. Overview. 1. The BOCC ma vacate all or a •ortion or .ortions of an Final Plat of an subdivision within the County upon the request of a property owner within the subdivision. 2. The BOCC may vacate the final plat only for that portion of a subdivision consisting of multiple, contiguous lots that are undeveloped and in common ownership. For purposes of this section, the existence of an improvement on a lot, which improvement was documented and in place prior to the time of subdivision approval,_ will not prevent the lot from being considered "undeveloped." 3. Once an application to vacate a subdivision has been submitted, no development plan shall be submitted or building permit issued until the matter has been decided by the BOCC. 4. All property owners in the subdivision must consent to the vacation of all or a •ortion s of the subdivision even if their lots are not •ro•osed to be vacated. 5. Applications to modify or eliminate a Lot Line on a Final Plat should be processed as an Amended Final Plat pursuant to section 5 -305, not as a subdivision vacation pursuant to this section. B. Review Process. A vacation of a subdivision shall be .rocessed in accordance with Table 5 -103 with the following modifications: GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 5 -12 1. Notice. In addition to complying with the notice requirements in Section 4- 101.E., the applicant must also provide notice to all property owners and mineral owners of record within the subdivision to be vacated. 2. Subsequent Action. The BOCC will record a copy of the resolution vacating the subdivision plat that includes an attachment of the plat that is being vacated. The attached plat shall include a prominent notation on the plat showing that it was vacated in whole or in part by the affirmative decision of the BOCC. 3. Effect of Vacation. a. After all or part of the final subdivision plat for any subdivision has been vacated pursuant to this section, the land within such vacated subdivision or •ortion thereof ma not be subdivided without first complying with Article 5 of this Code. b. If the subdivision includes County or public rights of way, the applicant must also comply with the requirements of section 4- 108, Vacation of a County Road or Public Right of Way,_ in order to vacate such rights of way. The road and plat vacation applications shall be coordinated as much as possible to run concurrently. c. The vacation of all or part of the final plat for any subdivision shall have the effect of vacatin• all easements and •rivate rights of wa within the vacated subdivision or portion thereof. d. Title to the vacated property. Title to vacated property, including all vacated easements and private rights of way, shall vest with the rightful owner or owners of the property contained within the vacated subdivision as of the date of the Resolution vacating the plat and as shown in the County records and in a title commitment. if the vacated and is land that was dedicated to the County for public use other than a road and the County has found that retaining title to the land is not in the public interest_ title thereto shall vest with the owner or owners or property contained within the vacated subdivision. C. Review Criteria. Approval of a request to vacate a Subdivision shall require a finding of the following: 1. A title commitment no more than 30 da s old as of the date of a lication shows that the Applicant owns all the lots to be vacated, and there are no lawsuits pending challenging such ownership; 2. All property owners in the subdivision have provided written consent agreeing to the vacation 3 If the final at includes easements dedicated for utilit •rivate access or other similar purposes, the BOCC may not approve the plat vacation until the applicant has obtained in a writing to be approved by the Gaunt Attorney's Office, a release from the owner or beneficiary of the easement authorizing the vacation of such easement; and GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 5 -13 4. Vacation of all or a part of the final subdivision plat for the subdivision will promote the health, safety and general welfare of the County. DIVISION 4. GENERAL SUBMITTAL REQUIREMENTS. 5-401. APPLICATION MATERIALS. A. Required Submissions. The following are the application materials required for permits and approvals and for divisions of land. Section 5 -402 provides a detailed description of each submittal requirement. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 5 -14 B C DE -,20-e 5-401: Submittal Requirernents Section 4 -203 i= kGiH1J K1L10I]N 1 1 a I1 ro General Application Materials Vicinity Map Site Plan Erosion and Sediment Contro Landscape Plan Impact Analysis Rezoning Justification Report Develo•ment As regiment Application Type Exemption t_- 5 -202 Public/County Road Split mprovements . greemen v H •••••••••• 3 y ao co B Section 5-402 CiDPE F GH.1 0 i 0 IX 0 U 0 MEM Section 8 -201 • Written Narrative/Additional Submissions Demonstration of access, water and sewer. 5-203 Rural Land Development Minor Subdivision v v ■ v ■'I 111 v v 12 11 v ■ Engineering reports and plans: A, B. C, D, E. y i i v v v .■■■■■■ v v ■■■■ v ■■ v �■ i 1 Preliminary engineering reports and plans: A, C, E, H 5 -301 Minor Subdivision Major Subd-ryi'isions l I i I l i ' -1 v +f ■ ,�■■■■■ -■■ v ■� ■■ �■ - -- -- - - -- 5 -302.6 Sketch Plan 5 -302.0 Preliminary Plan v v ■ v v v ■■ ®v v ■■ v ■■■ v v v Preliminary engineering reports and plains: A, B, C. 5 -302.D Final Plan /Plat ©■■■■��� v ��■�■■ v v ■■ v v Engineering reports/ plans: A, B, C, D, E, F, G. Conservatiorl Subdivision 1 1 i v v ��■■■■■■ ■� v ■■■i v ■■ 5-303.B Sketch Plan 5- 303.C, veld Plan v ■■■■.■■� ■ v �■■■�■�� 5 -303.D Preliminary Plan v v ■ v ©v ■■ v v v ■■ v r v v v Preliminary engineering reports and plans: A., B., C. 5 -303.E Final Plan /Plat v v ■■■ ■■ v ■�■■■■ v ©■� v v Engineering reports and plans: A, B, C, D, E, F, G. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 5 -15 Application Type Amendment and Common Interest Community r B 1C Table 5-401: Submittal Requirements Section 4 -203 E FIG1H1JIKLM I � � 0 o cu cu 0 0 R 2 C 0 O • I E i3 U R co a 0. R C 0 Q r2 C is m - 0 G v ... e ( > sn W , m act Ana ys • ezonin Justl loot on • epo 'eve o .ment greemen m rovements greemen C as 4 =i1:1= ield Plan Ste 7 a 2, Section 5-402 C DE,F,G.H`I ICI � ;Section 8 -201 Written Narrative /Additional Submissions 5 -304 5 -345 5 -106 Amended Preliminary Plan v Subject to section 4 -106 requirements. 5 -237 Amended Final Plat Common Interest Community Subdivision Vacating a Final Subdivision or Subdivision Exemption Plat Explanation of consistency with underlying preliminary plan and/or PUD plan. Engineering Reports and Plans Additional submittal requirements as listed in section 5-402,J. A. Roads Trails Walkways, and Bikeways. B. Mitigation of Geological Hazard. C. Sewage Collection and Water Supply and Distribution System. D. Soil Suitability Information. E. Groundwater Drainage. F. Engineering design and construction features for any bridge, culverts, or other drainage features to be constructed. G. Final cost estimates for public improvements. H. Preliminary cost estimates for improvements. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 5 -16 I. Codes, Covenants and Restrictions. The Applicant may propose or the BOCC may require the preparation of legal documents to govern the division of land, including any associated Homeowner Association and any other codes, covenants and restrictions. Any required legal documents shall be recorded with a Final Plan /Plat approval. J. Final Subdivision or Subdivision Exemption Plat Information. —The Application must submit the following information including that listed in Table 5- 401 in order to complete an application for plat vacation. 1. Copy of Recorded Subdivision Plat and resolution approving subdivision preliminary plan 2. A description of the current condition of the subdivision including the location of any structures, completed improvements or improved infrastructure, and any land or easements dedicated to the public 3. A statement addressing the required review criteria in Section 5-307.C. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 5 -24 A id 6 DIVISION 1. GENERAL. 6 -101. GENERAL PROVISIONS. A. Purpose. The general purpose of PUD zoning is to permit greater design flexibility than is allowed by the base zone district or Subdivision regulations, as those objectives are identified in the Planned Unit Development Act of 1972, C.R.S. § 24-67 -101, et seq. PUDs must be in general conformance with the Comprehensive Plan. B. Applicability. 1. Any single parcel of and or contiguous parcels of land comprising a minimum of 2 acres, sufficient to accommodate an integrally planned environment to be developed through a unified plan, is eligible for PUD zoning. 2, Applications for PUD zoning may be made for land located in any zone district. C. Concurrent Subdivision Submittal. Any area proposing separate ownership of parcels within a PUD will, at some time, be required to be reviewed per Article 5, Divisions of Land. The review of any proposed division of and may be applied for concurrently with the review of the PUD so long as any PUD zoning decision is made prior to the review of the Subdivision Preliminary Plan. If an Applicant chooses to process a PUD and Subdivision concurrently, the Applicant will forego the specified timeline for approval set forth in section 6- 202.8.1. D. Concurrent Comprehensive Plan Amendment and PUD Zoning Submittal. A PUD zoning request may be processed simultaneously with a Comprehensive Plan amendment so long as the Planning Commission makes a final decision on the Comprehensive Plan Amendment prior to a making a recommendation to the BOCC on action to be taken on the proposed PUD zoning. If an Applicant chooses to process a PUD and Comprehensive Plan amendment concurrently, the Applicant will forego the specified timeline for approval set forth in section 6- 202.8.1. DIVISION 2. PUD ZONING AND AMENDMENTS. 6 -201. APPLICABILITY OF COMMON REVIEW PROCEDURES. The procedures in this Article shall be processed in accordance with the common review procedures identified in Table 6201, Common Review Procedures and Required Notice. Additional requirements specific to a review procedure are identified by cross - reference in the left -hand column to the section that contains the requirements. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 6 -1 Table 6 =201: Common Roviow Procedures and Required Notice Section 4 -101. A 13 C D E BOCC Board of County Commissioners -r f) Director PC Planning Commission 6 -202. 6- 203.3_ 1.a 6- 203.8. 1.b PUD Zoning PUD Amendment tMnor) PUD Amendment (Substantial) orn•letenes -e erral A•encA 1 valuation b Directo J J 1 0 0 z PC PC c 0 0 a) (21 BOCC D BOCC uration!Ex. iratio c 1) w Required Notice a) 3 a 0 0 Additional Requirements Notice to all property owners within 200 feet of the proposed PUD boundary. Notice required for PC and BOCC hearin•s. J Text - change- requires published--notice onlyvMailed notice to all property owners and mineral owners within the PUD Notice to all property owners and mineral owners within the PUD and all property owners within 200 feet of the PUD boundary. Notice required for PC and BOCC hearing 6 -202. PUD ZONING. A. Overview. An application for PUD zoning is a type of rezoning. B. Review Process. Applications shall be processed according to Table 6 -201, Common Review Procedures and Required Notice, with the following modifications: 1. Decision. A PUD shall be approved, conditionally approved, or denied by the BOCC within 120 calendar days from the date the application was determined complete. Upon request by either the County or the Applicant, a different, mutually agreeable time period for review may be established. a. The BOCC may, at the time of zoning as a PUD, modify dimensional standards, uses, or other code requirements such as density, land dedications, and improvernent standards that would otherwise be applicable in the parcel's original zone district, if the modification furthers the objectives of this Code. b. The approval of a PUD constitutes a zone district amendment and shall be recorded on the Official Zoning Maps and recorded with the County Clerk and Recorder within 30 calendar days of F3OCC GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 6 °2 6 -203. PUD ZONING AMENDMENT. A. Overview. Applications for an amendment to an approved PUD shall be reviewed by the Director who shall determine whether the amendment is a Minor (nonsubstantial) or Substantial Modification. In all cases, the following will be deemed a Substantial Modification: 1. Modifications to the approved phasing plan. 1. Removal or release of a plan provision as stated in C.R.S. § 24- 67- 106(3) B. Review Process. Applications for amendment to a PUD shall be processed pursuant to the following: 1. Pre - Application Conference. Applicant must come to the pre - application conference prepared to discuss the proposed amendment and how it does or does not com.l with the criteria in section_6- 203.C. After ho14ng a the pre - application conference and within 10 business days of receiving all necessary information, the Director shall make 1 of the following 3 determinations: a. Minor Modification. The Director shall apply the criteria in section 6- 203.C. to determine if the proposed amendment is minor in nature. Upon finding the amendment is a Minor Modification, the Director shall amendment and provide written notice of this finding to the Applicant and the Applicant may then submit an application for a PUD amendment, subject to the following process:. (1) Determination of Completeness. Upon performing a completeness review, if the application materials deviate from the information .rovided durin. the .re- application conference and indicate that the minor modification finding was in error, the Director may revoke that finding and treat the request as a Substantial Modification. (2) Once the application is deemed technically complete, the Director will send a letter to the Applicant that indicates: I. The additional number of copies to be delivered to the County ii. The date the Director will render a decision; and iii. The notice form that the Applicant is required to mail all property owners and mineral owners within the PUD. (14(3) Notice. The Applicant shall mail notice pursuant to section 4-101.E.b(2) and shall include notice to all property owners of record within the PUD as well as all owners of mineral interest consistent with section 4- 101.E.b(4). The notice shall be mailed at least 15 days prior to the date of the Director's decision and shall include a vicinity map, a PUD map, a short narrative describing the proposed PUD amendment, the contact information for the Community Development Department and the date that the Director will make a decision. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 6-4 (4) Decision. The Director will inform the Applicant and the BOCC of the approval, or basis for denial,_ in writing within 10 days of the date of decision. (2)(5) Subsequent_Action, The ari endecicL3ii associated documents are recorded within 30 days from a_ n approval byihe Director. b. Substantial Modification, (1) If the Director determines that the proposed amendment constitutes a Substantial Modification, the change shall require a new application for a PUD. i. The Director shall determine the contents of the application submission requirements for a Substantial Modification request and provide this information in writing to the Applicant. . Notice shall be •rovided •ursuant to section 4- 101.E.(2) -(4) and shall include notice to all property owners of record within the PUD. (2) In all cases, modifications to the approved phasing-plate ed a S Sulasta-Rtia-1-1vIodificati-onTShould the Applicant contest the decision made by the Director that the proposed amendment constitutes a Substantial Modification, the may repurest the decision by called -up to the BOCC pursuant to section 4 -112.B and C. c. Determination by the BOCC. The Director shall have the discretion to request the BOCC decide, in a Public Meeting, whether a modification is Minor or Substantial. ection 4 112, CaII Up to the BOGS- 2. S quent —A t n --Th mende+et --P-UD Plan —anc ail- associated etcteurilerhtsithin40 days-frkwn-awapprrvs irector: C. Review Criteria. Minor Modifications to a PUD are those that deviate from previously- approved standards or rearrange /reconfigure elevations, structures, parking areas, landscape areas, utilities, or other site improvements in an approved PUD, and that meet all of the following criteria as applicable: 1. Conform to the Comprehensive Plan; 2. Is consistent with the efficient development and the preservation of the character of the development; 3. Do not increase the density; 4. Do not decrease the amount of dedicated Open Space; 5. Do not affect, in a substantially adverse manner, either the enjoyment of the land abutting upon or across the road from the PUD or the public interest; 6. Do not change the use category of the PUD between residential, commercial, or industrial uses; and 7. Will not be granted solely to confer a special benefit upon any person; and 8. Shall not affect the rights of the residents, occupants, and owners of the GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 6-5 DIVISION 3. SUBMITTAL REQUIREMENTS. A-3_0. APPLICATION MATERIALS. The following are the application materials for PUDs and PUD Amendments. Sections 4 -203 and 6 -302 provide detailed descriptions of each submittal requirement. Table 6 -301: '.ppiicati^_ Submittal Requirements Section 4 -203. B C D G FI J U d Application Type !?b' > ent eneral Ap•iication Material ezoning Justification Rea • A B Section 6- r. mendment Justification Re•o I6 -202 6 -203 PUD Zoning 1, r PUD Amendment May require a new application if determined to be a Substantial Modification. 6 -302. DESCRIPTION OF SUBMITTAL REQUIREMENTS. A. PUCE Plan. 1. PUD General Descriptions. A written description of the proposal shall include the following information: a. General project concept and purpose of the request; b. Explanation of how the PUD is in general conformance with the Comprehensive Plan; c. Description of how the proposed development departs from tho otherwise applicable standards of this Code but meets the intent and purpose of this Article; d. Relationship of the proposed PUD development to the existing land uses and adjacent property land uses; and e. Phasing and timing for the proposed development including the start and completion date of construction of each phase. 2. PUD Technical Descriptions. A written description of the proposal shall include the following information: a. Method and calculation used to determine overall project and specific use type densities; b. The PUD shall demonstrate how common wastewater facilities will be controlled or governed by the future owners within the PUD; GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 6 -6 Article 7 for improvements to State or Federal highways or County Roads, the developer shall be responsible for paying for those improvements. C. Adequate Capacity. Access serving the proposed use shall have the capacity to efficiently and safely service the additional traffic generated by the use. The use shall not cause traffic congestion or unsafe traffic conditions, impacts to the County, State, and Federal roadway system shall be mitigated through roadway improvements or impact fees, or both. D. Road Dedications. All rights -of -way shall be dedicated to the public and so designated on the Final Plat. They will not, however, be accepted as County roads unless the BOCC specifically designates and accepts them as such. E. Impacts Mitigated. Impacts to County roads associated with hauling, truck traffic, and equipment use shall be mitigated through roadway improvements or impact fees, or both. h. Design Standards. Roadways, surfaces, curbs and gutters, and sidewalks shall be provided as follows: 1. Circulation and Alignment. The road system shall provide adequate and efficient internal circulation within the development and provide reasonable access to public highways serving the development. Roads shall be designed so that alignments will join in a logical manner and combine with adjacent road systems to form a continuous route from 1 area to another. 2. Intersections. No more than 2 streets shall intersect at 1 point. with a minimum of 200 feet between off -set intersections, unless otherwise approved by the County. 3. Street Names. Street names shall be consistent with the names of existing streets in the same alignment. There shall be no duplication of street names in the County. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-4 I:JI►lr- 1 10/ ttoatiwr / tituiirlfirrls Design Standards Major Collector Minor Collector 401 - 2500 Secondary Access 201 - 400 Rural Access 101 -200 Semi Primitive 21 - 100 Primitive/ Driveway 0 - 20 Public Land Access No Access to DU Design Capacity (ADT) 2501+ ( (Fnimum ROW Width et) 80 60 50 50 40 15 to 301 30 Lane Width (Feet) 12 12 11 11 8 Single Lane 12 Single Lane 12 Shnle.ler 1A 1fh (Feet) u 8 6 Min. Paved 6 4 Min. Paved 6 4 Min. Paved 4 2 Min. Paved 2 0 0 Dutch Width (Feet) 10 10 6 6 4 32 0 Cross Slope 2% 2% 2% 2% Chip/Seal 3% Gravel 2% Chip /Seal 3% Gravel 24/p n/a Shoulder Slope 3% 3% 5% 5% 5% n/a n/a Design Speed 35 mph 35 mph n/a n/a n/a n/a n/a Minimum Radius (Feet) 425 185 80 80 50 40 n/a Maximum % Grade 8% 8% 10% 12% 12% 12% 12% Surface Asphalt or Chip /Seal Chip /Seal Chip /Seal or Gravel Gravel Gravel Native Material n/a i As determined adequate in an engineering review. Primitive road shall be dedicated ROW, driveway can be dedicated as either an easement or ROW. 2 If determined necessary for adequate drainage. 1. Circulation and Alignment. The road system shall provide adequate and efficient internal circulation within the development and provide reasonable access to public highways serving the development. Roads shall be designed so that alignments will join in a logical manner and combine with adjacent road systems to form a continuous route from 1 area to another. 2. Intersections. No more than 2 streets shall intersect at 1 point. with a minimum of 200 feet between off -set intersections, unless otherwise approved by the County. 3. Street Names. Street names shall be consistent with the names of existing streets in the same alignment. There shall be no duplication of street names in the County. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-4 B. Locational Controls of Land Disturbance. Land disturbance shall be located so that wildlife is not forced to use new migration corridors, and is not exposed to significantly increased predation, interaction with vehicles, intense human activity, or more severe topography or climate. C. Preservation of Native Vegetation. 1. Proposed Land Use Changes are designed to preserve large areas of vegetation utilized by wildlife for food and cover, based upon recommendations by the Colorado Division of Wildlife. 2. When native vegetation must be removed within habitat areas, it shall be replaced with native and/or desirable nonnative vegetation capable of supporting post - disturbance land use. 3. Vegetation removed to control noxious weeds is not required to be replaced unless the site requires revegetation to prevent other noxious weeds from becoming established. D. Habitat Cornponsation. Where disturbance of critical wildlife habitat cannot be avoided, the developer may be required to acquire and permanently protect existing habitat to compensate for habitat that is lost to development. E. Domestic Animal Controls. The County may require protective covenants or deed restrictions as necessary to control domestic animals by fencing or kenneling. 7 -203. PROTECTION OF WATPRBODIES. A. Minimum Setback. 1. A setback of 35 feet measured horizontally from the Typical and Ordinary High Water Mark (TOHWM) on each side of a Waterbody is required. 2. In the case of entrenched or incised streams, where the vertical distance from the bank exceeds 25 feet, all activities, except for those referenced in section 7- 203.A.3, will adhere to a setback of 2.5 times the distance between the TOHWMs or 35 feet, whichever is Tess. 3. A minimum setback of 100 feet measured horizontally from the TOHWM shall be required for any storage of hazardous materials and sand and salt for use on roads. Figure 7 -203: Minimum Setback Distance P. Structures Permitted In Setback. Irrigation and water diversion facilities, flood control structures, culverts, bridges, pipelines, and other reasonable and necessary structures requiring some disturbance within the 35 foot setback may be permitted. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7 -8 7 -208. RECLAMATION. A. Applicability. These standards shall apply to any development that requires a Land Use Change Permit, including divisions of land, as well as to the following activities: 1. Installation of ISDS. Installation of a new or replacement ISDS. 2. Driveway Construction. Any driveway construction that requires a Garfield County Access Permit or a CDOT Access Permit. 3. Preparation Area All areas disturbed during development that do not comprise the longer -term functional areas of the site but are those areas used for the short -term preparation of the site. B. Reclamation of Disturbed Areas. Areas disturbed during development shall be restored as natural- appearing landforms that blend in with adjacent undisturbed topography. 1. Contouring and Revegetation. Abrupt angular transitions and linear placement on visible Slopes shall be avoided. Areas disturbed by Grading shall be contoured so they can be revegetated, and shall be planted and have vegetation established and growing based on 70% coverage as compared with the original on -site vegetation within 2 growing seasons, using species with a diversity of native and/or desirable nonnative vegetation capable of supporting the post - disturbance land use. To the maximum extent feasible, disturbed areas shall be revegetated to a desired plant community with composition of weed -free species and plant cover typical to that site. 2. Application of Top Soil. Top soil shall be stockpiled and placed on disturbed areas. 3. Retaining Walls. Retaining walls made of wood, stone, vegetation, or other materials that blend with the natural landscape shall be used to reduce the steepness of cut Slopes and to provide planting pockets conducive to revegetation. 4. Slash Around Homes. To avoid insects, diseases, and wildfire hazards, all vegetative residue, branches, limbs, stumps, roots, or other such flammable lot - clearing debris shall be removed from all areas of the lot in which such materials are generated or deposited, prior to final building inspection approval. 5. Removal of Debris. Within 6 months of substantial completion of soil disturbance, all brush, stumps, and other debris shall be removed from the site. 6 Time Line Plan. Every area disturbed shall have a time line approved for the reclamation of the site. DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS. Unless a use is ex licit! identified elsewhere in this Code as bein exem•t from 1 or more standards, the following These- standards shall apply to all uses, divisions of land and PUDs. residential uses, excluding sSingle- family dwellin units are s •ecificall exem •t from these Division 3 standards. , commercial and industrial -- uses; -and� ivis ins of -land- n -les elsewhere -+e crrr rcrrvr i �r arrrc�a �,i this Code a- use -is e plieitPy exempt from -1 or moretandaares-: GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7 -15 M. Backing Onto Public Streets Prohibited. All parking areas shall be located and designed in conjunction with a driveway so that vehicles exiting from a parking space shall not be required to back onto a public road. Vehicles exiting from a parking space for a single - family or duplex dwelling unit may back onto a residential street. Vehicles exiting from a parking space for any use may back onto the right -of -way of an Alley adjacent to the property. N. Access Driveways. Access driveways for required off - street parking areas shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress, and the maximum safety of pedestrian and vehicular traffic on the site. 1. Minimum Width. a. The minimum width of the access driveway for a commercial or industrial use shall be 12 feet for a 1 -way drive and 24 feet for a 2- way drive. b. The access driveway for a residential use shall he 10 feet for a 1 -- way drive and 20 feet for a 2 -way drive. 2. Clear Vision Area. Access driveways shall have a minimum clear vision area as described and illustrated in section 7- 303.1. 0. Parking and Loading Area Landscaping and Illumination. Off- street parking and loading areas for nonresidential uses located adjacent to residential uses or Residential Zoning Districts shall be landscaped to minimize disturbance to residents, including installation of perimeter landscaping, proper screening of loading areas with opaque materials, and control of illumination. 7 -303. LANDSCAPING STANDARDS. aggsmiammosjow These standards appty -te -al-- Accessory dwelling units, Industrial Uses and all uses located fully within a parcel of land in an Industrial Zone District are exempt from this section. .resid- ntial Isees exeiu4inn single -famil ` _ _ _ _ - .4 _ ties, as well as res- - - - -- • -- - ee - - - - ' -' ••e. - - - - ,- A. General Standards. 1. All portions of the site where existing vegetative cover is damaged or removed, that are not otherwise covered with new improvements, shall be successfully revegetated with a mix of native, adaptive, and drought - tolerant grasses, ground covers, trees and shrubs. The density of the re- established vegetation must be adequate to prevent soil erosion and invasion of weeds after 1 growing season. 2. Landscaping shall not obstruct fire hydrants or utility boxes and shall be installed so it will not grow into any overhead utility lines. Trees and shrubs shall not be planted within 4 feet of existing overhead or underground lines B. Multi- Family Development. Lots in a Residential Zone District that contain multi - family dwellings shall be landscaped in the areas not covered by impervious materials. G. Subdivision, PUD, and Rural Land Development Exemption. Landscaping in a residential Subdivision, Planned Unit Development, or Rural Land Development Exemption shall be consistent with the character of the development. the unique ecosystem, and specific environment in which the development is located. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7 -19 1' MINIMUM PLANTING STRIP S' MIMINIM�IM 'LANTINQ STRIP Figure 7 -303 C: Planting Strip 7404. LIGHTING STANDARDS. Any exterior lighting shall meet the following conditions: A. Downcast Lighting. Exterior lighting shall be designed so that light is directed inward, towards the interior of the Subdivision or site. B. Shielded Lighting. Exterior lighting shall be fully shielded or arranged in a manner so that concentrated rays of light will not shine directly onto other properties. C. Hazardous Lighting. The direct or reflected light from any Tight source shall not create a traffic hazard. Colored lights shall not be used in such a way as to be confused or construed as traffic control devices. D. Flashing Lights. Blinking, flashing, or fluttering lights, or other illuminated device that has a changing Tight intensity, brightness, or color, shall be prohibited in all zone districts. E. Height Limitations. Light sources which exceed 40 feet in height shall not be permitted except for temporary holiday displays or as required by local, State or Federal regulations. 7.305. SNOW STORAGE STANDARDS. All residential uses except for multi - family are exempt from this section, unless the residential use includes The following standards apply on any property that contains- e ,ercial or industrial -uses, multi family residents eF-that have a common outdoor parking area.; A. Minimum Area, A designated area sufficient to store snow from the entire parking area shall be provided. As a general guideline, and considering the varying elevations and snowfall amounts throughout the County, it is anticipated that a minimum area equivalent to 2.5% of the total area of the required off- street parking and loading area, including access drives, shall be designated to serve as a snow storage area. B. Storage in Parking Spaces Prohibited. Required off - street parking and loading areas shall not be used for snow storage. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7 -22 7. Shall not be a yard within a boundary of a residential lot. 8. Shall not be reserved for any other type of use DIVISION 6. ADDITIONAL STANDARDS FOR AGRICULTURAL AND ANIMAL RELATED USES. 7 -601. ANIMAL SANCTUARY. A. Facility. All facilities sliall have a IA161- fluff! of 35 acres of larlci and animals shall be contained on the property. B. Noise. No noise shall emanate from the property boundary in excess of the Residential Zone District standards contained in C.R.S. § 25.12 -103, except as permitted by G.R.S. § 25 -- 12- 103(2) and (3). C. On -site Wastewater Treatment System Required. OWTS shall be capable of handling all feces and urine waste from the Kennel or building in which animals are kept, or the feces arid urine waste shall be stored in a sealed container capable of being pumped for disposal by a commercial hauler to dispose of such waste at an approved Solid Waste Disposal Site. D. Drainage Impacts. Any fenced corrals or pastures for keeping animals will be required to demonstrate that drainage will not affect off -site water supplies or water quality. 7 -602. ANIMAL PROCESSING. All facilities shall be in compliance with USDA, CDPHE, and any other Federal, State, and local regulations. 7 -603. KENNELS. These standards apply to both Small and Large Kennels. A. Enclosed Building and Noise Prevention. All Kennels shall be completely enclosed within a building, however, a Kennel may have dogs outdoors if the noise from the Kennel does not exceed the noise standards pursuant to section 7-603.B. and complies with other Garfield County regulations as provided. R. Noise. No noise shall emanate from the property boundary in excess of the Residential Zone District standards contained in G.R.S. § 25 -12 -103, except as permitted by C.R.S. § 25- 12- 103(2) and (3). C. Waste and Sewage Disposal System. 1. Liquid and solid waste, as defined in the Solid Waste Disposal Sites and Facilities Act, C.R.S. § 30 -20- 100.5, shall be disposed of with either an OWTSISDS or shall be stored and removed for final disposal in a manner that protects against nuisance and surface and groundwater contamination. AU other waste shall be removed from the site by commercial hauler f/� h41 waste shall be removed from the 314V FJ �! a VVIIIIiIGI VIaI {IQ4.PIy1 4V an approved Solid Waste Disposal Site. 9. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7 -31 C. Concealing and Screening. When an industrial use is not located on an industrial zoned property, all storage, Fabrication, service, and repair operations shall be conducted within an enclosed building or have adequate provisions, based on location and topography, to conceal and screen the facility and /or operations from adjacent property(s). D. Storing. 1. Materials shall be stored on the property in a form or manner that will not be transferred off the property by any reasonably foreseeable natural cause or force, 2. All products shall be stored in compliance with all national, State, and local codes. 3. Shall be a minimum of 100 feet from an adjacent property line. 4. Petroleum and hazardous products shall be stored in an impervious spill containment area(s). E. Industrial Wastes. All industrial wastes shall be disposed of in a manner consistent with Federal and State statutes and requirements of CDPHE. Flammable or explosive solids or gases and other hazardous materials including wastes shall be stored according to the manufacturer's standards and shall comply with the national, State, and local fire codes and written recommendations from the appropriate local fire protection district. F. Noise. Noise shall not exceed State noise standards pursuant to C.R.S., Article 12, Title 25, unless the use is regulated by the COGCC. In this case, the use shall be subject to COGCC rules in regard to noise abatement. G. Ground Vibration. Every use shall be operated so that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point of any boundary line of the property. H. Hours of Operation. Any activity that will generate noise, odors, or glare beyond the property boundaries will be conducted between the hours of 7:00 a.m to 7:00 p.m. Monday through Saturday, or as approved by the decision - making authority. Hi. Interference, Nuisance, or Hazard. Every use shall be so operated that it does not emit heat, glare, radiation, or fumes that substantially interfere with the existing use of adjoining property or that constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signal, and reflective painting of storage tanks, or other legal requirements for safety or air pollution control measures, shall be exempted from this provision. 7-1002. GRAVEL EXTRACTION. A. Water Quantity and Quality Impacts /Floodplain Impacts. Every application for gravel extraction shall address the following: 1. No application shall be accepted by the County without a letter from the applicable fire protection district stating that the proposed project has been adequately designed to handle the storage of flammable or GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7 -45 explosive solids or gases and that the methods comply with the national, State, and local fire codes. 2. No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces. 3. When the proposal is near a river or stream, the Applicant is required to submit an analysis by a professional engineer showing the boundaries of the Floodplain and the Floodway in the area of the pit. 4. All gravel extraction operations shall comply with the applicable standards of section 3 -301, Floodplain Overlay Regulations, and will be subject to section 4 -109, Development in 100-Year Floodplain. a. In all cases, there shall be no storage of fuel or hazardous materials including concrete /asphalt Batch Plants within the Floodway. b. All applications shall provide a dewater /discharge plan that provides a detailed graphic representation of how dewatering operations shall occur. This plan shall demonstrate that the discharge will not exceed State standards for discharge into a water course or Wetland. B. Air Quality. No application shall be approved until the Applicant submits evidence that uses shall have current CDPHE air pollution permits and shall meet current CDPHE emissions standards for air and water. C. Noise /Vibration. Gravel extraction operations shall be conducted in a manner such that the volume of sound generated does not constitute a public nuisance or hazard. Gravel extraction operations shall comply with the standards set forth in C.F .S., Article 12, Title 25, except as such standards are modified as follows: 1. An Applicant shall submit a noise study that demonstrates the proposed gravel operation can meet the requirements in the matrix below based on measuring the sound levels of noise radiating from a property line at a distance of 25 feet or more beyond the subject property, except as excluded for construction activities per C.R.S. § 25 -12 -103 et seq., that allows up to 80 db(A). 2. The dB(A) threshold shown in Table 7 -1002 shall be that of the receiver and not that of the emitter. For example, while the gravel operation would be considered an industrial operation, the dB(A) levels shown below are measured according to the neighboring uses so that if a residential use was located adjacent to the operation, sound levels could not exceed 55 dB(A) from 7:00 a.m.to 7:00 p.m. and 50 dB(A) from 7:01 p.m. to 6:59 a.m. TA 7 =1002: t1F3(A) Trlrr:ghwlLI por. NqIuhborinU Uav Residential Commerclal Light Industrial Industrial 7amto7pm 55 dB(A) 60 dB(A} 70 dB(A) 7pmto7am 50 dB {A) 55 dB {A) 6579 dB(A) 75 dB(A) 80 dB {A) GARFIELD COUNTY f LAND 1.16E AND DEVELOPMENT CODE 7-46 Article 9 c. l'he notice that the Applicant is required to mail to the Adjacent Property Owners. C. Review by Referral Agency. Review by referral agency shall be conducted pursuant to section 4- 101.C. with the following modifications: 1. Upon the filing of a complete application, the Director shall promptly forward 1 copy to the County Road and Bridge, Vegetation Management, and Engineering Departments, the Oil and Gas Liaison, the County Sheriff, the appropriate fire district, and any adjacent municipality for comment. d. Evaluation by Director /Staff Review. Evaluation by Director /Staff Review shall be conducted pursuant to section 4- 101.D. E. Notice of Pending ApplicationPl ic- Hear-ing. Within 7 days after the application has been determined complete the Applicant shall provide notification by certified mail to all property owners within 200 feet of the route and a sign shall be posted on the portions of the route crossing or adjacent to a public road. Both the notice and the sign shall indicate that an application has been made and provide the phone number of the Community Development Department where information regarding the application may be obtained. F. Decision. Within 30 days of the date of determination of completeness, the Director may approve, conditionally approve or deny the application. Within 10 business days, the Director shall inform the Applicant and the BOCC in writing of the decision. 1. Approve the Application. If the application satisfies all of the applicable requirements of this Code, the application shall be approved. 2. Conditionally Approve. The application may be approved with conditions determined necessary for compiiance with this Code and may include, but are not limited to, the relocation or modification of proposed access roads, facilities, or structures; landscaping, buffering, or screening; posting of adequate financial guarantees; compliance with specified surface reclamation measures; or any other measures necessary to mitigate any significant impact on surrounding properties and public infrastructure. 3. Deny the Application. If the application fails to satisfy the standards of this Code, and compliance cannot be achieved through reasonable conditions of approval, the application shall be denied. 4. Failure to make a decision. For an application submitted by a Public Utility or power authority, failure by the Director to make a determination on the application within the timelines set forth in C.R.S. § 29 -20 -108, shall result in the application being considered approved and the County may process Applicant's building, access, or other permits, provided the Applicant builds the pipeline in compliance with the application. Waiting Period. The Director shall issue a decision on the application to the Applicant and provide a copy to the BOCC. The decision is not final and no permit shall be issued for 14 days after the date of the Director's decision. 6. Unless otherwise approved by the decision making body an Applicant has 1 ear from the date of as @royal to satisf an remainin• conditions precedent to issuance of a Land Use Change Permit. GARFIELD COUNTY LAND USE AN D DEVELOPMENT CODE 9 -4 Artie 14 ARTICLE 14: AREAS AND ACTIVITIES OF STATE INTEREST DIVISION 1. GENERAL. 14 -101. PURPOSE AND INTENT. Upon enacting House Bill 1041 in 1974, the state legislature identified several general types of land areas and land use activities that could potentially affect 'state interests." The law authorized counties to designate and regulate certain areas and activities within their respective jurisdictions that fall within those general categories of state interest. The purpose of this Article is to facilitate the identification, dDesignation, 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. A. Authority. This Cie- Article 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. B. Severability. If any section, subsection, sentence, clause, or phrase of this Cede - Article 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 Cede- Article shall apply to the Designation and regulation of any area or activity of sState interest wholly or partially in the unincorporated areas of Garfield County, whether on public or private land, that has been or may hereafter be designated by the BOCC. Designations ii -effect A. Areas of State Interest. 1. Areas around Airports and Heliports. Specifically, the outer extremities of the Imaginary Surfaces for the particular Airport or Heliport, including all lands, water, airspace, or portions thereof which are located within this boundary. 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 adeArticle, 144444,i5 14 -i k e his o 4.2. Areas around rapid or Mass Transit Facilities, Terminals, Stations or fixed guideways. B. Activities of State Interest. 1. Efficient utilization of municipal and industrial water Projects. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -1 2. 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. 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. 4. Site Selection and construction for Arterial Highways, Interchanges, and Collector Highways. 5. Site Selection and construction for rapid or Mass Transit Terminals, Stations, or guideways. L6. Site Selection for public Airport or Heliport location or expansion. 14 -104. EXEMPTIONS. A. Statutory Exemptions. This Cede- Article shall not apply to any development in the above identified art areas of _ • , _ _ _ _ _ _ _ .r activities of state interest if any one of the following is true as of May 17, 1974: 1. As of May 17, 1971: a. The specific development or activity was covered by a current Building Permit issued by the County. =er b. 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,Hw c. The specific development or activity is on land which has been finally approved, with or without conditions, for a Planned Unit DevelopmeotPUD or land use similar to a Planned- Unit Deve#PUD. d. The specific development or activity is on and 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. A. •• - • . . .. More Restrictive Standards Apply. Whenever the provisions of this Article are found to be inconsistent with the statutory criteria for the administration of matters of state interest, or any other resolution, ordinance, code, regulation, or intergovernmental agreement, the enactment imposing the more restrictive standards or requirements shall control. B. Definitions. All capitalized terms will have the meaning set forth in Article 15 or the meaning set forth in state law. In the event of a conflict between a Code definition and a state law definition, the state definition will control. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -2 B. Statutepg-G-Fiteria rrrinistration of e natters of State statutory criteria shall control. If this Code is found to be more stringent than the statutory criteria for adm n-ef 11-13. Compliance with OtherApp Lira ale Gou~nty, State and Federal Reguir er ^Matters. Nothing in this cede- Article exempts an Applicant from compliance with any other applicable County requirements or other State, Federal, or local requirements. Nor shall Federal, State, or local approval preempt or otherwise obviate the need to comply with this Article. E. Compt with Thesn Regulations NO- Federal, YYStatc, or local approval to carry out a development or activitall preempt Of- othcrwic obviate the need to comply with this Code. F. C. No Intent to Conflict. This Bede- Article shall not be applied to create an operational conflict with any State or Federal law or rRegulations. D. Coordinated Review and Permitting. Any Applicant for a Permit under this Article 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 re uirements and will coordinate its review of the application with that of other agencies as appropriate. To the extent practicable and appropriate, the County will also attempt to coordinate the terms and conditions of approval with that of other agencies. Coordinated Review and Permitting. Any Applisan a- Permit under this Code that is also subject to the Regulations of other State Of Feder -al agencies may request that the County application any' rev cw process be eliminate redundant application submittal equirerncr 1s and will appropriate. 2. Coordinated Permit COFICI- ens: -- T!a- - . • - • - t-practicable, will- attempt- ts- seer-dinato the terms and conditions of apprevaf with -that 14 -106. PERMIT REQUIRED. A. Permit Authority. The BOCC shall serve as the Local Permit Authority. The Permit AuthorityBOCC shall exercise all powers and duties granted it by this Code. B. 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 sState interest without first obtaining either a hermit (hereinafter °1041 Permit" or "Permit ") or a ':Finding of No Significant Impact: under this Code for areas and activities of State interestArticle. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -3 C. Permit or Finding of No Significant Impact Required Prior to Development No development approval shal interest or for development in a designated area of State interest without the Applicant having --fist obtained a Finding of No Signif or as and activities of State interest. e. D -C. Term of Permit. Approval of a 1041 Permit shall lapse after 12 months, unless: 1. Activities described in the Permit have substantially commenced; or 2. The BOCC specifies a different time period in which Building Permits must be obtained or activities must commence in its action, in tho D. Renewal. Permits issued under -this Code A 1041 Permit may be renewed following the same procedure for approval of a new Permitsapplication 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 GodeArticle. F- E. 1041 Permit Not A Site Specific Development Plan. 1041 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 RPermit. 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 sState 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 Desig are identified in ection 14 103, Applicability. 14 -202. INITIATION OF DESIGNATION REQUEST. Designations and amendments or revocations of Designations of areas or activities of sState interest may be initiated by the BOCC. 14 -203. DESIGNATION PROCESS. A. Public Hearing by BOCC. A request for Designation of an area or activity of sState interest shall be considered by the BOCC at a Public Hearing. 1. 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. Public Hearing shall be sent to the Colorado Land Use Gomr iscier1- 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. B. 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: GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14-4 1. The intensity of current and foreseeable development pressures; 2. The reasons why the particular area or activity is of sState interest, the dangers that would result from uncontrolled development of any such area or uncontrolled conduct of such activity, and the advantages of development of such area or conduct of such activity in a coordinated manner; 3. Boundaries of the proposed area of sState interest; and 4. Conformity with the Comprehensive Plan. C. 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 interpreting and implementing its guidelines for an area or activity of Sstate interest. 1. If the BOCC rejects the Designation and/or proposed Regulations-are rcj , the BOCC may at its discretion regulate the matter under any other available and use control authority or it may reject regulation of the matter entirely. 2. The BOCC action shall be taken by resolution. 3. Upon adopting a Designationmatter of State interest, it shall be the the BOCC shall designate the matter and adopt Regulations for its administration. D. Record of Designation Proceedings. The record of decision shall include the following materials: 1. Notice of Public Hearing and oCertificate of publication of the public hearing notice; 2. The minutes of the Designation hearing; 3. Written findings concerning each of the considerations set forth in section 14- 203.B., Matters to be Considered at Designation Hearings; and 4. The recorded resolution adopting the Designation and Regulations. A Designation and Regulations adopted by the BOCC s aI1 be ceFt4ied by the gOGC to real property. n1, he lati d area or conduct of a designated activity ate -interest are finally determined pursuant to C.R.S. § 24 65.1 404(4). DIVISION 3. REVIEW PROCESS FOR F PERMIT= = 14 -301. COMMON REVIEW PROCEDURES. A. Consultants and Referral Agencies. The following provisions for -consultant review -apply to all 1041 P ermit applications proposing to engage in an activity of Stag interest er Efevciaiarnen4 in an - a of State interest. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -5 1. Consultant and Referral Agency 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, and may request comment by referral agencies pursuant to s-ae ai - - en ma de e nient b rat aQenniec received n,ter section 4- 101.(„ Review bya.f ral Age. cy.- 2. 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. B. Pre- Application Conference. An application for a 1041 Permit to- engage - inactivity or development subject to this Code- -shall begin with a pre - application conference between the Applicant and the Director or staff. 1. 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 appropriate level of Permit rReview that w fl be-required. a. 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. b. Materials. At or before the pre - application meeting, the Applicant shall submit a brief explanation of the proposed project, including the following materials: (1) The Applicant's name, address, and phone number. (2) Map prepared at an easily readable scale showing: a. Boundary of the proposed activity; b. Relationship of the proposed activity to surrounding topographic and cultural features such as roads, streams, and existing structures; and c. Proposed building, improvements, and infrastructure. (3) Written summary of the project that is sufficient for determining the appropriate level of Permit rReview that will be required for the application. c. 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. C. 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. Director within a reasonable time fetlewing the pre application meeting, GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14-6 determin alion 1. 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 s to occur from the - proposed project and that, therefore,make a Finding of No Significant Impact and determine that a 1041 Permit will net-beis not necessary. a. 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. 2. Major and Minor Permit Review. If the Director determine& that a Finding of lqe- Signet is not appropriate based upon review of the pre meeting -;does not make a Finding of No Significant Impact, then the Director shall determine whether the Proposed Project should be subject to the Major Permit Review or Minor Permit Review provisions of this CodeArticle. a. Major Permit Review. The Director shall determine that Major Permit Review is required if: (1) The proposed project is likely to have a significant adverse impact in 2 or more categories of standards as described Division 5, 1041 Permit Approval Standards; or (2) The Proposed Project is likely to have severe adverse impact in any 1 category of standards as described in Division 5 of this Article, 1041 Permit Approval Standards. e- b.Minor Permit Review. If the Proposed Project does not not warrant Major Permit Review, then The Director shall determine that it will be processed as a Minor Permit Review is required unless the propoced project is d D. Reconsideration — Call -up of Planning Director's Level of Review Determination of Level of Permit Review. 1. Call -up by the Board. The BOCC may, at its discretion, review call up —af err d-the Director's determination at the next regularly - scheduled meeting of the BOCC for which proper notice by inclusion on the BOCC agenda can be accomplished, following the date of written notice of the determination of level of Permit Review. The BOCC may approve, modify or reiect the Director's determination based on the criteria in section 14- 301.C. 2. Request for ReconsiderationCall -up. Within 10 days of the date of written notice of the Director's determination, en„ Affected Part. the Applicant, within 7 days of the date of written notice of the Director's determination, may request that the BOCC nsider -call up the determination at its next regularly - scheduled meeting for which proper notice can be accomplished by inclusion on the BOCC agenda. The BOCC may review tTon-at-its-dissretionapprove, modify or GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -7 reject the Director's determination based on the criteria in Section 14- 301.C. E. 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 rReview is required. 1. If a different level of Permit Rreview is required, the Director shall immediately notify the following. a. The Applicant4mmediately: and b. The BOCC , and the County Attorney. F. N blie=kioam 1. 2. eakenid - ! E ! E -- Hering, th f-A-67eftil t e— V+e+ntt w 3. ef—jaelatt ttficatien of Acjaaet G. Determination of Completeness. Within 30 ""business 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. 1. 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. 2. Application is Complete. If the application is complete, the Director shall certify it as complete and stamp it with the date of determination of completeness. 3. Extension of Time for Determination of Completeness. The Director may authorize an extension of time to complete review for determination of completeness, up to an additional 30 working business days. The extension of time for determination of completeness shall be based upon the following considerations. a. 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. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -8 b. Staff Workload. The Department's workload due to the volume and scope of pending Land Use Change applications justifies the need for an extension of time H. 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, 1041 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. e'-u€ 1- 01 --G7 within a 000 feet of , HeIipo.t.Notice of Public Hearing. 4. Notice by Publication. At Ieast 34 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 sh iILfollow a form prescribed by the County. 5. 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 requested. a written notice of the Public Hearing to the owners of record • - - i • • w' i i sot ra•' he notice shall include a Vicinity Map, the property's legal description a short narrative describing the ro osed project, and an announcement of the date, ti , and location of the scheduled hearing(s). 6. Proof of Notice, At the Public Hearing, the Applicant shall provide proof of publication layEefaiatt=fariailitifificatio.n_cf_AcIlacent Property Owners. L7. Notice to Airport Sponsor. If an application involves areas around Airports or Heliports or the site selection of an Airport or Heliport, then Applicant must also send by certified mail, return receipt requested, a written notice of the Public Hearing to the Airport Sponsor. The notice shall follow a form prescribed by the County. 14 -302. MINOR PERMIT REVIEW PROCESS. A. Outline of Process. The Minor Permit Review shall consist of the following procedures: 1. Pre - application conference; 2. Application; 3. Determination of completeness; 4. Evaluation by the Director /Staff review; and GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14-9 5. Public hearing and decision by the BOCC. B. Review Process. 1. Pre - application conference. A pre - application conference shall be held in accordance with the provisions of section 14- 301.B., Pre - Application Conference. 2. Application. The application materials of State intcrcct are set forth in section 14 -401, Description of Submittal Requirements. 3. 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. 4. 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. 5. 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. 6. Review and Action by the BOCC. Upon establishing proper public notice, the BOCC shall consider the application at a Public Hearing. a. 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. (1) 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. (2) 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. A. Outline of Process. The Major Permit Review shall consist of the following procedures: 1. Pre - application conference; 2. Application; 3. Determination of completeness; 4. Evaluation by the Director /Staff review; 5. Public Hearing and recommendation by the Planning Commission; and 6. Public Hearing and decision by the BOCC B. Review Process. 1. Pre - application conference. A pre - application conference shall be held in accordance with the provisions of section 14- 301.B., Pre- Application Conference. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -10 2. Application. The application materials required for an applicaten for of Stato interest are set forth in section 14 -401, Description of Submittal Requirements. 3. 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. 4. 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. 5. 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.. 6. Review and Recommendation by the Planning Commission. After property notice, the Planning Commission shall consider the application at a Public Hearing. a. 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. (1) 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. (2) Recommendation of Denial. If the application fails to satisfy all of the applicable standards the Planning Commission shall recommend that the application be denied. 7. Schedule Public Hearing. 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. b. Public Hearing by the BOCC shall be held within 45 calendar days of the date of the Planning Commission recommendation. 8. Review and Action by the BOCC. The BOCC shall consider the application at a Public Hearing, upon proper public notice. a. 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. (1) 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. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -11 (2) Denial of Application. If the application fails to satisfy any one of the applicable standards, the application shall be denied. 14 -304. TECHNICAL REVISIONS AND 1041 PERMIT AMENDMENTSAND-TE-CHN-ICAL 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 "1041 Permit amendment." A. Submittals. 1. To request a technical revision the Applicant shall submit the following information and materials to the Director: a. A copy of the current 1041 Permit; b. As- built drawings of the project c. Drawings and plans of proposed changes to the project; and d. Additional Mitigation plans. B. Determination of the Type of Amendment. The Director shall make the initial determination whether a change is a technical revision or a 1041 Permit Amendment within 30 days following receipt of the request and necessary submittals. Within 5 days of the Director`s determination the Director shall n v the Applicant and the BOCC, in writing, of the determination. A:C. Technical Revisions. A proposed change will be considered a "technical revision° if the Director, in his or her discretion, 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. 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 finding. A change to a condition of approval will not be treated as a technical revision. Upon finding that the change is a technical revision, the Director shall approve the change to the 1041 Permit. 1. To obtain a technical revision, the Applicant shad submit the following information and materials to the Director: a. A copy of the current Permit; b. As built drawings of the project; d. Additional Mitigation plans. reject and receipt of request for a technical revision. a. The Director may determine that even thou of the impacts, the impact is- 1nsigFnificant so as to w,arran /3:D. Process for 1041 Permit Amendments. Changes other than technical revisions are considered 1041 Permit amendments. A 1041 Permit Amendment will be treated as a new application and processed according to Division 3 of this Article. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -12 w#t#n r ainattoa.. QE. ReconsiderationCaII -Up of Director's Determination of ►Whether Ghnnge is 1. Call -up by the BOCC. The BOCC may, at its discretion, feview and arnendcall up the Director's determination o#- whetherhethat a change is a 1041 Permit Aamendment, rather than a or a technical revision at the next regularly - scheduled meeting for which proper notice by inclusion on the BOCC agenda can be accomplished, following the date of written notice of the determination. The BOCC may approve or reject the Director's determination based on the criteria in section 14- 304.B. 2. Request for ' Call -Up. Within 10 days of the date of written notice of the Director's determination, theAny Affoctcd Forty Applicant may, determination, request that the BOCC reconsider call up the Director's determination at its next regularly - scheduled meeting for which proper notice can be accomplished by inclusion on the BOCC agenda. The BOCC may approve or reject the Director's de termination based on the criteria in Section 14- 304.B. DIVISION 4. ' - -7 PERMIT APPLICATION SUBMITTAL REQUIREMENTS. The following submittal requirements shall apply to any application for a 1041 Permit, to this Codc. 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 lnterestArticle are set forth in section 4 -203, Description of Submittal Requirements. 14 -401. DESCRIPTION OF SUBMITTAL REQUIREMENTS. A. Application Fees. If a Permit is required under this Code, the application shall be accompanied by a base etr will be responsible for advancing funds or rcimbursing the County for the actual GO C15 of reviewing and processing the applicat ion, including costs of copying, n}a4ings, is found -to be in th waived. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -13 BA. Application Form. development in an- area of State interest chall boApplicant shall obtained an application form from the Community Development Department. 1. Ownership. The application shall include a deed or other evidence of the owner's fee title interst in the land for which a 1041 Permit is requested. 4:2. 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 hand t lee e1041 Permit is proposed, or by any agent acting through written authorization of the owner. a. 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. b. Applicant is Not the Sole Owner. If the Applicant is not the sole owner of the land, the Applicant shall submit a letter signed by all other owners or an association representing all the owners, by which all owners consent to or join in the application. 2:3. Information About Applicant. The application form shall contain the following information describing the Applicant. a. 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; b. 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; c. Authorization of the application by the project- property owner, if different than the Applicant; and d. 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. CB. Information Describing the Project. 1. 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. 2. Identification of Alternatives. Descriptions of alternatives to the project that were considered by the Applicant and reasons why they were rejected. 3. 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. 4. 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. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -14 5. 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. 6. Plans and Specifications. Detailed plans and specifications of the project. 7. Project Schedules. Schedules for designing, permitting, constructing, and operating the Project, including the estimated life of the project. 8. Conservation Techniques, Description of all conservation techniques to be used in the construction and operation of the project. 9:C. Property Rights, Permits and Other Approvals. 1. 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. 2. 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. 3. 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, and any alternatives water sources available to the Applicant. If an Augmentation Plan has been filed in court, the Applicant must submit a copy of that plan. €D. Description of Technical and Financial Feasibility of the Project. 1. The estimated construction costs and period of construction for each development component. 2. Revenues and operating expenses for the project. 3. The amount of any proposed debt and the method and estimated cost of debt service. 4. Details of any contract or agreement for revenues or services in connection with the project. 5. Description 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. 6. 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: 1. Land Use. a. Description of existing land uses within and adjacent to the Impact Area. b. Description of impacts and Net Effect that the project would have on land use patterns. 2. Local Government Services. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -15 a. 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. b. 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. 3. Housing. a. Description of existing seasonal and permanent housing including number, condition, and cost of dwelling units. b. Description of the impact and Net Effect of the project on housing during construction and operation stages of the project. 4. Financial Burden on County Residents. a. 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. b. Description of Impacts and Net Effect of the project on financial burdens of residents. 5. Local Economy. a. 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. b. Description of impacts and Net Effect of the project on the local economy and opportunities for economic diversification. 6. Recreational Opportunities. a. 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. b. Map depicting the location of recreational uses such as fishery stream segments, access points to recreational resources, hiking and biking trails, and wilderness areas. c. 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. 7. Areas of Paleontological, Historic or Archaeological Importance. a. Map and/or description of all sites of paleontological, historic, or archaeological interest.. b. Description of the impacts and Net Effect of the project on sites of paleontological, historic, or archaeological interest. 8. Nuisance, Descriptions of noise, glare, dust, fumes, vibration, and odor levels caused by the project. G:'F. 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 GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14-16 analysis shall include a description of how the Applicant will comply with the applicable approval standards set forth in Division 5 of this Article. 1. Air Quality. a. Description of the airsheds to be affected by the project, including the seasonal pattern of air circulation and microclimates. b. 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. c. 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. 2. Visual Quality. a. Map and /or description of ground cover and vegetation, forest canopies, waterfalls, and streams or other natural features. b. Description of view sheds, scenic vistas, unique landscapes, or land formations. c. Map and /or description of buildings and structure design and materials to be used for the project. d. Descriptions of the impacts and Net Effect that the project would have on visual quality. 3. Surface Water Quality. a. Map and /or description of all surface waters to be affected by the project, including: (1) 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; (2) Existing condition of streams and water bodies affected by the project; and (3) Classification of streams and water bodies affected by the project. b. Description of water quality data monitoring sources. c. Descriptions 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. 4. Groundwater Quality. a. Map and/or description of all groundwater, including any aquifers. At a minimum, the description should include: (1) Seasonal water levels in each subdivision of the aquifer affected by the project; (2) Artesian pressure in aquifers; (3) Groundwater flow directions and levels; (4) Existing aquifer recharge rates and methodology used to calculate recharge to the aquifer from any recharge sources; (5) For aquifers to be used as part of a water storage system, methodology and results of tests used to determine the GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -17 ability of aquifer to impound groundwater and aquifer storage capacity; (6) 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; (7) Existing groundwater quality and classification; and (8) Location of all water wells and their uses. b. Description of the impacts and Net Effect of the project on groundwater. 5. Water Quantity. a. Map and/or description of existing stream flows and reservoir levels. b. Map and /or description of existing Colorado Water Conservation BOCC held minimum stream flows. c. Descriptions of the impacts and Net Effect that the project would have on water quantity. d. Statement of methods for efficient utilization of water. 6. Floodplains, Wetlands and Riparian Areas. a. 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. b. 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. c. Description of the impacts and Net Effect that the project would have on the Floodplains, Wetlands, and Riparian Areas. 7. Terrestrial and Aquatic Animals and Habitat. a. 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. b. 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. c. Description of the impacts and Net Effect that the project would have on terrestrial and aquatic animals, habitat, and food chain. 8. 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. a. Descriptions of the impacts and Net Effect that the project would have on terrestrial and aquatic plant life. 9. Soils, Geologic Conditions, and Natural Hazards, a. Map and /or description of soils, geologic conditions, and natural hazards including, but not limited to, soil types, drainage areas, GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -18 slopes, Avalanche Areas, debris fans, mud flows, rock slide areas, faults and fissures, seismic history, and wildfire hazard areas. b. Descriptions of the risks to the project from natural hazards. c. Descriptions of the impact and Net Effect of the project on soil and geologic conditions in the area. 14 G. Hazardous Materials Description. 1. 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. 2. Location of storage areas designated for equipment, fuel, lubricants, and chemical and waste storage with an explanation of spill containment structures. 1:H. Monitoring and Mitigation Plan. 1. 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. a. Describe how and when Mitigation will be implemented and financed. b. Describe impacts that are unavoidable that cannot be mitigated. 2. Description of methodology used to measure impacts of the project and effectiveness of proposed Mitigation measures. 3. Description, location, and intervals of proposed monitoring to ensure that Mitigation will be effective. J1:I. Additional Information May Be Necessary. The Director may request that the Applicant supply additional information related to the project if the Permit AuthorityBOCC 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 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: A. Location Map. A map or drawing showing the location of the subject property in relation to Airport Imaginary Surfaces. B. Elevation Profiles and Site Plan. Elevation profiles and a Site Plan including: 1. Location of existing and proposed structures in relation to Airport /Heliport Imaginary Surfaces. 2. Height of all existing and proposed structures, measured in feet above mean sea level. C. Written Agreements for Height Exception. Written agreements from the Airport/Heliport Sponsor and the FAA, if a height exception is requested. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -19 D. Declaration of Anticipated Noise Levels. A declaration of anticipated noise levels for property located within Noise Impact Area Boundaries. For noise sensitive land use located in areas where the noise level is anticipated to be at or above 55 Ldn, the Applicant shall be required to demonstrate that a noise abatement strategy will be incorporated into the building design that will achieve an indoor noise level equal to or less than 55 Ldn. E. Aviqation Easement. An avigation easement dedicated to the Airport owner in a form acceptable to the Airport Sponsor. The aviqation easement shall allow unobstructed passage for aircraft and ensure safety and use of the Airport for the public. 14- 442403. 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: A. 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. B. 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. C. Traffic Impacts. A narrative description of the impacts of the proposed development to the Rapid or Mass Transit Facility. D. Traffic Access. Maps or diagrams illustrating the vehicular, pedestrian, and bicycle routes that can be utilized to gain access between the proposed development and the adjacent Rapid or Mass Transit Facility. 14 -404. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO MUNICIPAL AND INDUSTRIAL WATER PROJECTS. A. Efficient Water Use. Description of efficient water use, recycling, and reuse technology the project intends to use. B. Municipal and Industrial Water Protects. 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. C. Demand. Description of demands that this project expects to meet and basis for projections of that demand. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -20 14 -405. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO SITE SELECTION OF SOLID WASTE DISPOSAL SITES. [Placeholder for future Regulations, should any be adopted by the BOCC.] 14 -406. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO SITE SELECTION OF MAJOR NEW DOMESTIC AND SEWAGE TREATMENT SYSTEMS. [ Placeholder for future Regulations, should any be adopted by the BOCC.] 14 -407. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO SITE SELECTION OF MAJOR EXTENSIONS TO EXISTING DOMESTIC WATER AND SEWAGE TREATMENT SYSTEMS.. [ Placeholder for future Regulations, should any be adopted by the BOCC.] 14 -4083. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO SITE SELECTION FOR 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. A. Traffic Patterns. Description of how the project will affect traffic patterns as well as nonmotorized traffic. B. Surrounding Land Uses. Description of how the new roads will likely affect surrounding land uses and existing community patterns. C. Traffic Demands. Description of how new roads will serve community traffic demands. D. Compliance. Description of how new roads will comply with other local, State, and Federal Regulations and master plans. 14 -409. ADDITIONAL SUBMITTAL REQUIREMENTS FOR SITE SELECTION FOR RAPID OR MASS TRANSIT TERMINALS OR STATIONS. In addition to the submittal requirements set forth in section 14-401, Description of Submittal Requirements, an application proposing Terminals or Stations associated with a rapid or Mass Transit System shall include the following information. A. 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 interrnodal connections either existing or reasonably foreseen to be developed in the area. B. 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: GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -21 1. Whether the passengers will be utilizing the rapid or Mass Transit System to travel to and from employment or for some other purpose; 2. The number of automobiles that the passengers will drive to the Station or Terminal at or just before any scheduled departure 3. The number of passengers that will likely ride only one way on any given day; and 4. The number of passengers that can be expected to bring baggage, recreational equipment, tools, or other material. A. 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. B. Maximum Length of Any Train. The maximum length of any train that will serve the Station or Terminal, excluding propulsion units. C. 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. D. _ 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. 14-41004. ADDITIONAL SUBMITTAL REQUIREMENTS FOR SITE SELECTION FOR FIXED GUIDEWAYS. In addition to the submittal requirements set forth in section 14 -4 01, Description of Submittal Requirements, an application proposing a fixed gGuideways shall include the following information: A. 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). B. Minimum and Optimum Width of Right Of Way. 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. C. 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. D. 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. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -22 E. 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. F. Building or Structure Removal. Description of all buildings or other structures that must be removed in order for the proposed guideway to be built. G. Methods Planned to Prevent Collision. Description of the methods planned to prevent collisions at points where the proposed guideway crosses other Transportation Corridors. In addition to the submittal requirements set forth in section 14 401, Description of Submittal A. Type of Mesh eyanse: bus, carpool, gondolas, lifts, and other intermodal conneet -ens either existrng OF An analysis of the passengers that will utilize the proposed facility. Such analysis shall be based OR the best information available and ohall include: 2. The number of automobiles that the pa congers will drive to the Station or Terminal at or just before any scheduled departure; 3. The number of passengers that will likely ride only ono way on any given day; and 4. The number of passengers that can be expected to brim baage, recreatiehal equipment, tools, or other material. C.Antis gated- SsheduJe ill serve the Station or Terminal, excluding Bases -€leor plans and architectural sketches of each proposed building or structure together with a Site Map showing the relative location of oath building er stature. Such plans and sketch load and unload passengers. F. Mare A map of all associated roadways, parking such as width, layout, traffic flow, pavement as, and ether facilities. Derig-R details g- documents. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -23 t Requirements and-the-submittal t -submittal Requirements, an -app' transitl3t3 sh21a- include -Ihe folliewinq-infbweation- A written narrative describing the general Rate c Station or Terminal. relationship to the Mass Transit Station or Terminal and tho- lntcrshan cs, streets, Transit Facility]. C. Traffic Generation. by nontransit indt4Dtfial•, commercial, or rosidcntial ucos and whether such traffic, commercial and residential space is designed to Felr}ferse pir-exirnatc neighborhood residential development. 0. Access to Deyelonmen+ peak traffic at the Mass Transit Station or Terminal without such access crossing or otherwi persons using the adjacent Mass Transit -Station -or Terminal. F. 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 nic emphasis on the likelihood of transit use by future residents. eet use tho adjacent Mass Transit Station or Torminal, including an analysis of tho numbot± required by them. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14-24 14- 411th. 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: A. 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 15015300 - 13A and the current Northwest Mountain Region Airport Layout Plan Checklist. B. 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). C. Description of Effect. Description of effect on State and Local Economic and Transportation Needs. In addition to the submittal requirements in wcction 14 101, Description of Submittal Heliports shall require the following submittals: A. Location Map. A map or drawing showing the location of the subject property in relation to Airport Imaginary Surfaces. B. Elevation Profiles and Site Plan. Elevation profiles and a Site Plan including: 4. Location of existing and proposed structures in relation to Airpoft/Helipoi Imaginary Surfaces. 2. Height of all existing and proposed structures, measured in feet above mean sea level. Written agreements fr is requested. D. Declaration of Anticipated Noise Levels. A- declaration of anticipated noise levels fo Boundaries. For noise sensitive land use located in or as where the noise level is anticipated to be at or above 55 Ldn, the Applicant shall be fequ+red to- tlereoestratc that ptiorh ponsor and the FAA, if a height exception an indoor noise level equal to or Less than 55 L do GARFIELD COUNTY LAND 113E AND DEVELOPMENT CODE 14 -25 E. Avigation Easement. ceptablc to the Airport encuro cafoty and use of the Airport for the public. 14- 41204. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO MUNICIPAL AND INDUSTRIAL WATER PROJECTS. A:D. Efficient Water Use. Description of efficient water use, recycling, and reuse technology the project intends to use. B E.. 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. C:F. Demand. Description of demands that this project expects to meet and basis for projections of that demand. DIVISION 5. T PERMIT APPROVAL STANDARDS. Approval of a 1041 Permit State interest shall be based on whether the proposed project satisfies the following approval standards. BOCC shall take into consideration the construction, operation and eve impacts of the e Gh 14 -501. GENERAL APPROVAL STANDARDS. The following general standards shall apply to all applications subject to review under this CodeArticle: A. 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, QRermits, and approvals. The BOCC may, at its discretion, defer making a final decision on the application until outstanding property rights, pPermits, and approvals are obtained. B. 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_ C. Technical and Financial Feasibility. The proposed project is technically and financially feasible. The 'determination °- t ^t nio +I nn.d financial ea6ibitit... —This determination 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 retirethe debt:. c, Estimated construction costs and construction schedule; 0 e. Market conditions_ GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -26 D. Compatibility with Surrounding Land Uses. The proposed operation will be located so as to mitigate cumulative impacts to roads, air and water quality. 07E. Risk From Natural Hazards. The proposed project is not subject to significant risk from natural hazards. The-detem4attan of rick from natural hazard This determination may include. but is not limited, to the following considerations: a. Fault 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. FIoadplains, &F. Consistent Plans. The proposed project will be in conformance with the Comprehensive Plan, municipal master plans, and any other applicable plan. F.G. 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. u.-. At asaaa..= ?S.rr .a _•uai.a 1M. 1. ismer. >a _.a .. -ri -s lla a.`rl l`flsv � +a.atrti!1 YJt \Ji rrlaYA1rAIYL'S''.r21.& IS tS r!lt;Ill` This determination 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, emerc�encv 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 supp i in the County G H. Housing. The proposed project will not have a significant adverse effect on housing availability or cost. F I. Financial Burden. The proposed project will not create an undue financial burden on existing or future residents of the County. The rletermina #inn of the effect -of the ro nod acti i the financial t enet vin+; or fu #i re reoiden #n of the County This determination may include, but is not limited to. the following considerations; Changes in assessed valuation; proposed activity; c Changes in tax revenues caused by agricultural lands being removed from produc ion; GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -27 d. Changes in costs to water users to exercise their water rights; e. Y. maes in costs of water treatment or wastewater tre_ atm f. Effects on wastewater discharge Permits; h. Changes intotalpropefty tax burden. kJ. Effect on Economy. The proposed project will not Significantly Degrade any sector of the local economy. The This !\•1\sJ■ltI11\'a1.J�a J�1 \\ �' 4\ 11- ilatll�Ji.IM J..a 14 :4.t _\ J1. halt a1.r. I.. a\aSfl fl11st1 s1 LAM. 4- 4.A -1111 ,i-,l%i%,&.n determination a. Changes to projected revenues generated from each economic sector: b. Changes in the value rp or oductivity of any lands; and c. Changes in opportunities for economic diversification, J K. Recreational Experience. The proposed project will not have a significant adverse effect on the quality or quantity of recreational opportunities and experience. ■Irk Jl•►1t' t\. ft it' IlkLa11..• JS. il.- JYJ1- J •1waaM1.l»a- .a- a- a- a- ai!isy.11. IL• u_ - .._... -. J= .:..._.::.uzs- ..._��.,�1.::�. This determination I I - • fmi - • e following considerations' a. Changes to existing and projected visitor days c. Changes in quality and guantitv_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 ti ua ity of the skiing experience. KL. Conservation. The planning, design, and operation of the proposed project will reflect principles of resource conservation, energy efficiency and recycling or reuse. t= M. Natural Environment. The proposed project will not Significantly Degrade the natural Environment. Append+x t . 11 significant degradation of the Environment. For Environment shall include: 1. Air quality; 2. Visual quality; 3. Surface water quality; 4. Groundwater quality; 5. Wetlands and Riparian Areas; 6. Terrestrial and aquatic animal life; purposes of this section, the term GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -28 7. Terrestrial and aquatic plant life; and 8. Soils and geologic conditions. 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. The determination of visual effects of the proposed activity may include, but is not limited 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. 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 Toads; d. Increase in erosion; e. Changes in sediment loading to Water Bodies; f. Changes in stream channel or shoreline stability; q. Changes in stormwater runoff flows; h. Changes in trophic status or in eutrophication rates in lakes and reservoirs, Changes in the capacity or functioning of streams, lakes, or reservoirs; Changes in flushing flows; and k. Changes in dilution rates of mine waste, agricultural runoff, and other unregulated sources of pollutants. 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. The determination of effects of the proposed activity on Wetlands and Riparian Areas may include, but is not limited, to the following considerations: GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -29 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 diversit e. Transition from Wetland to upland species; and f. Changes_in function and aerial extent of Floodplains. The determination of effects of the +ro.osed activit on terrestrial or aquatic life ma include but is not limited to the followin 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 q._ Changes to the aquatic and terrestrial food webs. The determination of effects of the .ro.osed activit on terrestrial .lant 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. 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. an to Avalanche Areas, mudflows and debris fans, and other unstable and potentially unstable slopes; and Exacerbation of seismic concerns and subsidence. Nl N. Nuisance. The proposed project will not cause a nuisance as defined within this Code. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -30 N70. Areas of Paleontological, Historic or Archaeological Importance. The proposed project will not Significantly Degrade areas of paleontological, historic, or archaeological importance. O:P. 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: 1. Plans for compliance with Federal and State handling, storage, disposal, and transportation requirements; 2. Use of waste minimization techniques; and 3. Adequacy of spill prevention and response plans. 124. 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. QTR. Best Alternative. The proposed project represents the alternative that best complies with this Code. R-.S. 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 -50,1, the following additional standards shall apply to Rapid or Mass Transit Facilities:. A. Areas Around Rapid or Mass Transit. Areas around Rapid or Mass Transit Facilities shall be administered to: 1. Promote the efficient utilization of the Rapid or Mass Transit Facility; 2. Facilitate traffic circulation patterns of roadways serving the Mass Transit Facility; and 3. Promote development that will include bike and pedestrian paths providing access to the Rapid or Mass Transit Facility. B. Site Selection. Site Selection of Rapid or Mass Transit Facilities. 1. 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. 2. 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. 3. Rapid or Mass Transit Facilities shall be located in a manner that encourages the most appropriate use of land through the affected corridor. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -31 4. 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). 5. 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 Toad and unload passengers at the Station. 6. Rapid or Mass Transit Facilities shall have adequate and safe ingress and egress for all transit modes. 7. The location of Fixed Guideways shall maximize joint use of rights -of -way for trails and bikeways and other transportation alternatives. 8. Rapid or Mass Transit Facilities shall be designed and located in a manner that will reduce traffic congestion and resulting air pollution. 9. 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. 10. 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. 11. 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. a. 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.). b. 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. 12. 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. 13. The Manual on Traffic Control Devices shall apply to safety devices at intersections of a Fixed Guideway and other Transportation Corridors. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -32 14 -503. ADDITIONAL STANDARDS APPLICABLE TO SITE SELECTION OF SOLID WASTE DISPOSAL SITES. [Placeholder for future Regulations, should the BOCC decide to adopt them.] 14 -504. ADDITIONAL STANDARDS APPLICABLE TO SITE SELECTION OF DOMESTIC WATER AND SEWAGE TREATMENT SYSTEMS. [Placeholder for future Regulations, should the BOCC decide to adopt them.] 14 -5053. ADDITIONAL STANDARDS APPLICABLE TO SITE SELECTION FOR ARTERIAL HIGHWAYS ANDS INTERCHANGES, AND COLLECTOR HIGHWAYS. In addition to the general standards set forth in section 14 -501, the following additional standards shall apply to areas aroun4site selection for Arterial Highways and Interchanges,ah4 Collector H•igh►ways: A. Areas Around Arterial Highways, Interchanges, IAA. 1. Encourage the smooth flow of traffic; the smooth flow of such traffic; 3. Preserve desirable existing community patterns; 4. Minimize danger associated with Highway traffic; and b. Encourage compatibility with nonmotorized traffic, Site Selection. 1. Arterial Highways and Interchanges shall be located and designed so that community traffic needs are met. 2. Arterial Highways and Interchanges shall be located and designed so that desirable community patterns are not disrupted. LOCATION OR EXPANSION ion --t$ economic and transportatiah heeds of the State an the afca add+tiefl to the general Airport Layout. Layout Plan approved by the BOCC, complying wit 13A and the current Northwest Mountain Region Airport Layout-PI clearances for the aircraft to be tled� GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -33 B. Heliport Layout. Heliports and Helistops shall be-- dcvelope 150/5390 2.. C. Fa- Airport Rules and Regulations. D. Storage of Materials. '!ding or obscured by fence. Ability to Obtain Necessary Permits: iance -with 'neck eral claims, or roads. The loco ion of the Airport of Hel0e4 site er e pansien dents the existirtg and rcaconably foreccc ble economic and transportatio Transit Facilities. H. Nuisance. The location of the Airport or Heliport site or expansion ;halt -not cause a nuisance as tion or expansion and any anticipated- futuFe expansion will not violate any applicable local, State, sr FedeFFal lawn more, no structure shall be allowed and existing-structures shall be relocated- 14 -5065. APPROVAL—ADDITIONAL STANDARDS APPLICABLE TO AREAS AROUND AIRPORTS AND HELIPORTS. A. 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. B. Prohibited Uses and Activities. 1. The following uses are prohibited in the Airport/Heliport Influence Overlay District. (a) Sanitary landfills; and (b) Water treatment plants. 2. 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. 3. Public assembly facilities are prohibited in the RPZ. 4. High density uses shall be prohibited in Approach Surfaces. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -34 C. 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. 1. Public Assembly Facilities. Public assembly facilities may be allowed in Approach Surfaces if the potential danger to public safety is minimal. 2. Residential. Residential structures shall be located outside Approach Surfaces unless no practicable alternatives exist. 3. 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. 4. 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. 5. Utilities. (a) In the RPZ, utilities, power lines, and pipelines shall be located underground. (b) 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. 6. 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, (a) 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, (b) 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. 7. 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: (a) 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. 8. 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. D. Noise. Land use proposed to be located within the Noise Impact Area Boundaries shall comply with the Airport Master Plan and FAA Regulations. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -35 E. 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. 1. Recording. The avigation and hazard easement shall be recorded in the office of the County Clerk and Recorder. 2. Applicant shall provide a copy of the recorded instrument prior to issuance of a Building Permit. F. Declaration of Anticipated Noise Levels. 1. 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. 2. 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. G. 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. 1. 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. 2. 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. H. Outdoor Lighting. Lighting other than that associated with Airport/Heliport operations shall comply with the following standards. 1. Lighting shall not project directly onto an existing Heliport, Runway or taxiway or into existing Airport Approach Surfaces. 2. Lighting shall incorporate shielding to reflect light away from Airport Approach Surfaces. 3. Lighting shall not imitate Airport lighting or impede the ability of pilots to distinguish between Airport/Heliport lighting and other lighting. I. 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. J. 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. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -36 K. 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. L. 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: 1. 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. 2. Written agreement by the Airport Sponsor and the FAA shall be provided for other height exceptions requested. M. 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. 1. 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 2. 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: (a) Off -site Mitigation is not practicable; (b) 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; (c) The affected Wetlands provide unique ecological functions, such as critical habitat for threatened or endangered species or ground water discharge; (d) 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 (e) 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. (f) GARFIELD COUNTY LAND USE AND 'DEVELOPMENT CODE 14 -37 N. Separation of Noise- Sensitive Land Use. Areas around Airports and Heliports shall be administered to encourage and 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 14.50'5- USE RESTRICTIONS OF NOISE - SENSITIVE LAND USE Table 14 -505: Use Restrictions, RPZ, Approach Surface, and Impact Areas. SECONDARY IMPACT AREA P P = Permitted L = Allowed with Limitations RPZ N = Use is Not Allowed Public Airport APPROACH SURFACE1 L DIRECT IMPACT AREA P Residential L2 L P Commercial L L P Industrial . _ L P P Institutional ,, L L P Roads /Parkin. P P P Parks /Open Space - P P P Athletic Fields \ L L P Mining _ L L L 1. • - _ .a-:,- ...,_-. _... .- mary surface of a nonprecision instrument Runway, and within "_ .:-__ ::_.-:.:_- _..� ..:..= _ -.... .. _ ace of a precision instrument Runway. 2. ..-_.__:._ :_. _a..._.__ =- .S:. .... __.. _:.. Transitional Surfaces should not exceed: (1) within 500 feet of ...� ___,.. __ _ _..� .'..17 -- :_. _. =:::.:?.; (2) within 500 to 1,500 feet of the outer edge of the RPZ, 2 units ,.. - -.;. - :. ..'...:.:..?.:e outer edge of the RPZ, 4 units per acre. 3. .7,:.__. a:...-_ - - -„ -- teas - .. -a -_ : .... :: e::.. the RPZ only upon demonstration that there are no practicable _._.- ....._..v_. _ . _::. -.. .:. _.: .=., accessory structures are prohibited. Cost may be considered in v.v .. ...a...a .._..._ -.� - a...: ::. s exist. Compatibility Overlay Zone (Visual and Instrument Approach <65 65 -70 70 -75 75-80 80 -85 >85 GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -38 TABLE 14 -50 - USE RESTRICTIONS OF NOISE.SENSITIVE LAND USE Residential Except Mobile Homes & ...nsient Lodging <65 65 -70 70 -75 75 -80 80 -85 >85 P L L N N N obile Home Parks P N N N N N ransient Lodging A., P L L L N N Schools, Hospitals & Nursing Homes.*. P L L N N N Churches, Auditoriums & Concert Hal,4- 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 i, P P L L L N Manufacturing & Production P P L L L N Photographic & Optical P P L L L N Agriculture (Except Livestock) & Forestry P L L L L L Livestock Faring & Breeding P L L N N N Mining & Fishin. 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 14 -507. ADDITIONAL STANDARDS APPLICABLE TO 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 eneral 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. A. 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 15015300 - 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. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -39 B. 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. C. Fabrication, Service, and Repair Operations. All fabrication, service, and repair operations shall be conducted in compliance with Airport Rules and Regulations. D. Storage of Materials. All storage of materials shall be within a building or obscured by fence. E. 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. F. 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. G. 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. H. 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. 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: A. Completion. That the proposed project is completed and, if applicable, that the Development Area is properly reclaimed. B. Performance. That the Applicant performs all Mitigation requirements and Permit conditions in connection with the construction, operation, and termination of the proposed project. C. Increases Borne By P, teePermit holder. That increases in public facilities and services necessitated by the construction, operation, and termination of the proposed project are borne by the ptteePermit holder. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14-40 D. 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: A. 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. B. 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: 1. The estimated cost of providing all public services necessitated by the proposed activity until 2 years after the proposed activity ceases to operate; and 2. 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 A. Form Acceptable. The financial guarantee may be in any form acceptable to the BOCC and payable to the County. A. Guarantor or Surety. If the form is a securit such as a • uarantee or letter of credit the . uarantor or suret shall be licensed to do business in Colorado, Should the license to do business in Colorado be suspended or revoked, the Applicant shall have 60 calendar days, or a time reasonable to the BOCC after the BOCC receives notice thereof, to provide a substitute guarantee in a form and type acceptable to the BOCC. Should the 1041 Permit holder fail to make a substitution either prior to a lapse in licensure or within the time allowed the BOCC shall suspend the Permit until proper substitution has been made. B. 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: GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14-41 A. Surrender of Permit. The 1041 Permit has been surrendered to the BOCC before commencement of any physical activity on the site of the permitted project; or B. 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 C. Satisfactory Completion. The project has been satisfactorily completed; or D. 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 E. 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 A. 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 permitteePermit holder makes written demand to the BOCC, within 30 days after permitteePermit holder's receipt of notice, requesting a hearing before the BOCC. If no demand is made by the permitteePermit holder within said period, then the BOCC shall order the financial guarantee forfeited. B. Public Hearing. The BOCC shall hold a hearing within 30 days after the receipt of the demand by the peFm-itteePermit holder. At the hearing, the jaermitteePermit holder 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. C. 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. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14-42 D. Inadequate Revenue. If the forfeiture results in inadequate revenue to cover the costs of accomplishing the purposes of the financial guarantee, the County ^ttorneyCounty Attorney shall take such steps as deemed proper to recover such costs where recovery is deemed possible. If the license to do busine °c in Colorado of any surety upon a cecurity filed pursuant—to—this regulation is suspended or revoked by any State authority, thee the Applicant shall within 60 days after receiving notice thereof, substitute a good and sufficient surety licensed to do DIVISION 7. 7 PERMIT ADMINISTRATION AND ENFORCEMENT. 14 -701. ENFORCEMENT AND PENALTIES. A. 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 1041 Permit pursuant to this Code, who does not comply with 1041 Permit requirements, or who acts outside the jurisdiction of the 1041 Permit may be enjoined by the County er 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. B. 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 1041 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 1041 Permit should be revoked. 14 -702. 1041 PERMIT SUSPENSION OR REVOCATION. A. Temporary Suspension. The BOCC may temporarily suspend the 1041 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. B. Revocation. The County may revoke a 1041 Permit granted pursuant to this Code if any of the activities conducted by the permitteePermit holder 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 permitteePermit holder shall receive written notice and be given an opportunity for a hearing before the BOCC, The BOCC may revoke the 1041 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 1041 PERMITS. A 1041 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. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -43 14 -704. INSPECTION. The BOCC may enter and inspect any property subject to this Article 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. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14 -44 �e BOCC of County i e. A1c...,1 for t 'f #I#ge =BF eififsting—of—futufo -851 @Rt _t the —Gear ty—m n cencidorationc: ss- ifs-- , - wing ekfeatin4=oreikastew &ter tro tmer4+ 1 ; [s-t#is-- review -Gr +t i stduded in the revious Article section 36 such? GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14-45 g-aed-Fef og soase++ , Er. nt; b. Ghan a. b. c. A.8 Changes to seasonal ambient air quality; Changes in visibility and microclimates; and Applicable air quality standards. The determination of visual effects of the proposed activity may include, but is not limited a. Visual changes to ground cover and vegetation, waterfalls and streams, or other natal psi b. Interference with view sheds and scenic vistas; c Changes in appearances of forest canopies; include, but is not limited to, the following considerations= 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; t. 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; �. Changes in flushing flows; and k. Changes in dilution rates of mine waste, agr+caltutal ruaeff, and ether ueweg4aated sources of pollutants. but is not limited to, the following considerations: GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14-46 a. Changes in aquifer recharge rates, groundwater levels and aquifer capacity including 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: Changes in the structure and function of Wetlands; g and pollutant uptake cap c. Changes to aerial extent of Wetlands; d. Changes in species' characteristics and diversity; e. Trans inn -from Wetland to upland species; and f. Changes in function and aerial extent of FIoodplains. A.12 The determination of effects of the propo a. b. c. d. Changes that result in loss of oxygen for aquatic life; Changes in flushing flows; Changes in species composition or density; Changes' ered species; • nesting grounds, summer or winter range, migration routcs, or any ether nahitat features: Changes to habitat and critical habitat, including str am bcd and banks, spawning nt accumulation and cycling, water • ions necessary for the nr ion- ard-pro g. Cha ie-and terrestrial food-webs: A43--T-he detenn a. b. Changes to habitat of threatened or endangered plant species; Changes to the structure and function of vegetation, including spccicc senaposition, nt or succe°cion of desirable and less desirable species, including noxious weeds; and d. Changes in threatened or endangered species. a. Changes to the topography, natural drainage patterns, soil morpl o l _oi���l erosion potential and Clnndpiains+ reservoirs; d. Changes to Avalanche Areas, mudflows and debris fans, and other unstable—and unstable slopes; and A.15 The determination of the risks of a -release of h activity ay- include, but is not limited to, the following-considerations transportation requirements; b. Use of waste minimization techniques; and GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14-47 c. Adequacy of spill prevention and response plans. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14-48 Article 15 Obstruction. As it pertains to an Airport or Heliport, any structure or tree, plant, or other object of natural growth that penetrates an Imaginary Surface. Oil and Gas Drilling and Production. Any operation on a COGCC- approved well location utilizing equipment that advances a borehole into substrata for the purpose of discovery, development, and/or production of oil or gas, including all surface facilities associated with such operations. These facilities include produced water pits or tanks, condensate tanks, storage, separation, treating, dehydration, power supply, pumping, metering, monitoring, flowline and other equipment directly associated with oil and gas wells. On -Site Wastewater Treatment System. A compartmentalized water treatment system associated with an approved OWTS permit, previously called an ISDS permit. This system is intended to treat, neutralize, stabilize, and dispose of sewage that is not part of or connected to a sewage treatment works. Open Space. Any land or water area that serves specific uses of providing park and recreation opportunities, or conserving natural areas and environmental resources, or structuring urban development form, or protecting areas of agricultural, archeological or historical significance. Open Space shall not be considered synonymous with vacant or unused land or with a yard that is part of a platted lot. Operator. An oil and gas leaseholder, or the person exercising the right to control the conduct of "oil and gas operations," as that term is defined in C.R.S. § 34- 60- 103(6.5). Optional Premises Cultivation Operation. A person who has been issued a Medical Marijuana Center and/or infused product manufacturing license pursuant to the Colorado Medical Marijuana Code, and who is licensed or seeking licensing to grow or cultivate Medical Marijuana at a premises for the purpose of supplying its associated licensed center or infused product manufacturer. Manufacturing of Marijuana - infused products and retail sales of Medical Marijuana are expressly prohibited in unincorporated Garfield County, including at an Optional Premises Cultivation Operation. The term "Optional Premises Cultivation Operation" does not apply to the private cultivation of Medical Marijuana by a registered patient or primary caregiver who is growing an amount medically necessary to address a debilitating medical condition as set forth in Section 14(4) of Article XVIII of the Colorado Constitution. Parcel. See "Lot." Park. Land retained in an open condition for recreational use. Parking Lot or Parking Garage. A structure or a cleared area that is more or less level and is intended for parking vehicles. Usually, the term refers to a dedicated area that has been provided with a durable or semi - durable surface. Peak Hour. A term used in traffic engineering and analysis quantifying that 60- minute period when a segment of road or intersection experiences, or is projected to experience, the highest traffic demand for through and turning movements in an average 24 -hour period. Permit. As it pertains to Article 14, a documented authorization for development in areas of State interest or for an activity of State interest. Permit Authority. As it pertains to Article 14, the Board of County Commissioners or its designee. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15 -22 Horizontal Surface. See "Airport Imaginary Surfaces." Hospital. An institution providing health services primarily, but not exclusively, for human inpatient medical or surgical care for sick or injured, including related facilities such as laboratories, outpatient departments, training and central services facilities, and staff offices. Hotel. See "Lodging Facilities. " Hydraulic Fracturing. The process of creating small cracks or fractures in the underground geological formations by using a controlled high pressure injection of fluid or proppant (usually sand) to allow oil or natural gas to flow into the welibore and thereby increasing productivity of the well. Hydraulic Fracturing, Remote Surface Facility. A COGCC- approved surface facility, not located on a well pad, that is used for staging materials and equipment to pump hydraulic fracturing fluid to 1 or more COGCC- approved well locations for the purpose of advancing the welibore and increasing the productivity of the well through hydraulic fracturing as part of the well completion activity. Illumination, Direct. Lighting by means of an unshielded light source that is effectively visible when the light travels directly from the source to the viewer's eye. Illumination, Indirect. Lighting by means of a light source directed at a reflecting surface in a way that illuminates the sign from the front or a light source that is primarily designed to illuminate without direct travel from the source to the viewer's eye. Impact. The direct or indirect effect or consequence resulting from a development upon land, the environment, the community, or any part or segment thereof. The term shall include, but not be limited to, physical, environmental, economic, visual, auditory, or social consequences or effects. Impact Area (Project). As it pertains to Article 14, those geographic areas, including the development area, in which any impacts are likely to be caused by the project. Impervious Area /Surface. Surfaces constructed of materials that are impenetrable to water or other liquids. Industrial. Any development of natural resources, business or trade, commercial activity, processing, fabrication, alteration or manufacture of raw or semi- processed materials, manufactured goods, or any components thereof. Industrial Use. See "Use, Industrial." Industrial Vehicles, Machinery and Heavy Equipment. The business of selling or leasing vehicles, machinery or heavy equipment used in industrial activities. Industrial Water Projects. As it pertains to Article 14, systems and all related components that provide water or may provide water in the future either directly or by exchange for industrial uses, provided, however Water Impoundments are excluded. Injection Well. A well on a COGCC - approved well location that is used for pumping water or other fluids from the surface into a reservoir. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15 -16